It’s summer in WA. Can you walk, wade or float by privately owned beaches and tidelands?

Now that summer has finally arrived in western Washington after an unusually long and cold spring, you might be thinking of getting outside to take a stroll on a beach or float lazily on an innertube or boat.

However, if you find yourself in a privately owned waterfront area in Washington state, there are a few key things to keep in mind.

The state is governed by a Public Trust Doctrine, which protects certain public interests in terms of navigating around these waters and shorelines. The doctrine is enforced on the judicial level, not legislative, which means presiding case law is the overarching guide. The case law related to navigation on the waters is clearly established and protected.

However, there has never been a court ruling in Washington state related to walking on a beach or wading in water on a privately-owned beach, according to the Ecology department. Strolling on streambanks and tidelands in the state is also a right under the Public Trust Doctrine that’s never been challenged in an established court ruling.

“It appears clear from court decisions that navigation on the water is a public right, even if someone is floating over privately-owned aquatic lands,” noted Curt Hart, communications manager for Ecology’s Shorelands and Environmental Assistance Program, in an email. “Under the Public Trust Doctrine, the public can travel on the water in a boat most places where the water flows.”

Hart points out that there are “exceptions for safety and security reasons, such as at a port facility, or navigation on water adjacent to a dam.”

He advises people to keep an eye out for signs noting a beach is private, and to respect the signage.

“Landowners take their private property rights seriously and can view walkers as trespassers,” notes Hart. “They may (and often do) ask walkers to leave.”

Finally, he notes that coastal tribal land is also considered mostly private.

“Tribal sovereignty means tribes have authority over their beaches and tidelands, much like a private landowner,” Hart said. “Please contact an individual tribe first to ascertain whether it’s OK to walk on their beaches and tidelands.”

Where is the public allowed?

So if you’re on an unfamiliar beach, how do you know which areas are privately-owned?

The Department of Ecology maintains a searchable database for the 14 counties in the state with marine shorelines that include public beaches. The state’s coastal atlas, as it’s called, allows you to search by city, county, beach and region.

For example, a search for beaches in Bellingham by city name shows 14 public beaches. A similar search in Seattle shows 67, while Tacoma shows 39 public beaches and Olympia has 17 in the database.

Ecology’s public beach access point interactive map provides additional information through a geospatial open data portal.

The National Park Service also maintains a list and interactive map of parks in the state, including those with beaches and waterfront.

Over half of Washington state is privately owned, so the Washington Department of Fish and Wildlife also works with private land owners to provide more public lands for fishing, hunting and other recreational activities.