Homeowners in California are claiming beaches as their private property in an effort to keep “drunken, half-naked strangers” at bay.
The Russian River in western Sonoma County has become a hotbed of disputes over beach access, as riverfront property owners view the shoreline as theirs.
Extreme measures are said to have been taken, from private security and surveillance cameras to legal documents and bolt cutters. Los Angeles Times reported.
Disputes over public access to beaches have already occurred across the Pacific coast between homeowners and members of the public, and now riverbanks are experiencing the same conflicts.
The Russian River in western Sonoma County has become a flashpoint for disputes over public beach access as locals try to protect their land from unruly tourists.
“The challenge is that there is sometimes a culture of lawlessness among visitors – we have many reports of visitors urinating and defecating on private property and cutting through doors with bolt cutters,” said Sonoma County Supervisor Lynda Hopkins.
Visitors were reported to be relieving themselves on private property and cutting through doors with bolt cutters (pictured: file image)
Under state and federal law, river beaches are public and, like ocean beaches, are subject to the “ordinary high water mark” that determines the shoreline.
On ocean beaches, this determination can be fairly straightforward. The “ordinary high water mark” is the line on the shoreline established by changes in water levels, which determines the boundary between what can be considered public or private property, depending on the California State Lands Commission.
However, riverbanks do not follow the same tidal rhythm as ocean beaches, which tend to experience predictable and fairly constant high tides.
High tides on riverbanks are less predictable and can change from year to year, making it nearly impossible to determine the boundaries of where tides end and private property begins.
The Russian River stretches 110 miles and is patrolled by the nonprofit Russian Riverkeepers.
Don McEnhill is executive director of Russian Riverkeepers
“If people weren’t so stupid, there would be a lot less problems in the world,” McEnhill said.
The disputes also concern the growing number of tourists and the preservation of the area for local residents.
Sonoma County Supervisor Lynda Hopkins said she was disappointed by the number of fights over the summer but said unruly visitors “bear their share of blame,” according to the Los Angeles Times.
He added: “We (the public) have the right to access river beaches up to the normal flood mark. The problem is that there is sometimes a culture of lawlessness among visitors – we have many reports of visitors urinating and defecating on private property and cutting gates with bolt cutters.”
He also noted that landlords have also gone too far in some cases and that the right to access public spaces is being “violated”.
Don McEnhill, who works with the nonprofit Russian Riverkeeper and patrols the 110-mile river in his canoe, has seen places marked as private property.
It tells beach visitors that they are, in fact, public and that any signs placed by property owners are an illegal attempt to privatize the area.
An area that McEnhill determined had been illegally cordoned off became the center of one of the area’s first major disputes.
The beach was acquired by the Hacienda Improvement Association in 1969, but county officials also noted that a large swath of the area was below the normal high water mark and was therefore open to the public.
This summer, private security guards paid for by the association began patrolling the beach area, prompting complaints that public access was also being blocked.
Hopkins eventually warned the association that the beach near the water was public.
Busy summers, crowded beaches, expensive parking fees and the desire for a quiet place to relax on the water mean that open spaces in front of local properties become much more attractive to visitors.
“There are people who go to the river and leave their rubbish, they defecate on other people’s property… We have laws against that. It’s really not right to do it on someone’s property,” one landowner told the BBC. Sonoma County Gazette.
Another described the destruction on July 4, saying, “About three dozen vehicles came through, cut the locks off the vineyard gates, drove through people’s property, in fact, one gentleman down by the river in Geyserville, two trucks went right through his orchard. That was the only way they could get to the river, and then they went to the river. Many of them camped for several days, numerous large bonfires.”
Discussions broke out on Facebook groups, with both sides arguing about who was right.
A person, according to the Los Angeles TimesHe wrote on Facebook: ‘You buy a house on the river. It’s quiet. And then when summer comes, there are a lot of teenagers partying. I understand that homeowners are worried about trash and parties, but this is the Russian River. All Californians are supposed to be able to enjoy this.’
The boundaries of public and private lands on beaches are determined by the ordinary high water mark, which is measured using high tide points.
Busy summers, crowded beaches, expensive parking fees and the desire for a quiet place to relax on the water mean that open spaces in front of local properties become much more attractive to potentially unwanted visitors.
The privatization of public space has also given rise to legal disputes.
Vacation Beach was a place where residents had access to a beach, on the south side of the river, for many years. Paths led directly from the road to the beach, but several years ago, property owners began posting “no trespassing” signs, according to the Los Angeles Times.
Some opposing residents occupied the beach, often in protest, and the dispute was eventually handled by the California State Lands Commission.
Initially, it was determined that the public had a right to access the area, but this changed after further reviews of the preliminary studies determined that the public did not in fact have that right. The issue was resolved once a fence was installed.
McEnhill avoided confrontation for most of his time patrolling the Russian River, and he believes that’s likely due to his respectful treatment of the beaches.
“If people weren’t so stupid, there would be a lot fewer problems in the world,” he said.
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