Ancient Roman Principles Pose Challenges for Modern Beach Management

The intersection of climate change and an ancient Roman legal principle is leading to contentious debates over beach protections in the U.S., as conflicts arise between property owners and public access rights.

In a summer where beachgoers may find themselves in controversial territories, crucial discussions about managing sea levels and coastal protections are taking center stage. The erosion problems faced by many beaches today stem, in part, from a legal doctrine established during the Roman Empire.

Typically, beaches have a natural mechanism for coping with encroaching waters: they migrate landward. However, when homeowners erect sea walls or similar structures to protect their property, these sandy expanses lose their own spatial rights and may soon vanish entirely—a phenomenon referred to as coastal squeeze. This issue is not merely theoretical; it's accelerating due to climate change and rising sea levels, leading to pressing inquiries about how coastal zones should be governed.

Richard K. Norton from the University of Michigan School of Law poignantly posed the dilemma: “Do you prioritize the beach house over the beach itself?” This question underscores a fundamental conflict arising from an ancient Roman law codified under Emperor Justinian in the sixth century, which holds that natural elements like air and waterways, including beaches, must remain accessible to the public. This doctrine has found its way into English common law and subsequently U.S. law.

Presently, numerous states regard the area below the high-tide line as public trust property, ensuring public access to these shoreline regions. Advocacy groups, environmentalists, and regulators argue that property owners should refrain from building sea barriers that will lead to public beaches disappearing. Conversely, property owners contend they deserve compensation if regulations against coastal armor lead to their assets being submerged.

This legal standoff extends from Hawaii to South Carolina and reflects broad acknowledgment that while people generally wish to safeguard these valuable properties, the willingness to financially support that endeavor is far more limited.

Coastal geology is inherently complex, yet the implications of armoring are clear, contributing to what's known as passive erosion—the phenomenon activated when water encounters a fixed barrier. Moreover, when one segment of the beach lacks freedom to shift, it often leads to erosion nearby as water redirects around such impediments. An increasing number of homeowners erect sea walls, compelled to do so by fear of losing their properties.

A study indicated that roughly a third of the world's sandy coasts have already been armored, and many are projected to experience severe loss by 2100. This trend raises alarms among scientists and geologists alike, pointing to the grim fate of many coastal areas if changes are not made.

Some communities reliant on beach tourism have sought measures to mitigate erosion, including banning coastal armor and enforcing building setbacks. However, compliance challenges arise, especially when structures are jeopardized by erosion, leading to legal disputes from poignant property owners.

Since Justinian's reign, the global ocean levels have remained relatively stable until recent human-induced climate impacts led to significant shifts. Many coastal geologists now anticipate sea levels could rise by at least three feet this century—a prediction many regard as optimistic.

Legal battles are increasingly featuring cases concerning public trust beaches, encompassing everything from encroachments to uncompromised rights. Recent legal actions highlight such complexities; for example, Rom and Renee Reddy in South Carolina face hefty fines for what the state deemed an unauthorized sea wall, igniting debates over property rights and public resource protections.

Such disputes are also surfacing in California as wildfire recovery efforts occur in areas where homes previously stood on public trust sands. With ongoing environmental pressures, community advocates stress the importance of preserving public trust resources, cautioning against proposals that threaten coastal ecosystems.

As the timeworn principles guide contemporary decision-making on coastlines, the question remains: How will society find a balance between private property and public beaches? As erosion threatens both physical structures and cherished coastlines, this pivotal intersection of law, land, and climate warrants urgent attention.