Homeowners in California are claiming beaches as their private property to keep “half-naked, drunk strangers” at bay.
The Russian River in western Sonoma County has become a flashpoint for beach access disputes because property owners along the river consider the shoreline their own.
Extreme measures were reportedly taken, from private security and surveillance cameras to legal filings and bolt cutters, Los Angeles Times reported.
Conflicts between homeowners and citizens over access to public beaches have occurred on the Pacific Coast before, and now similar conflicts are occurring on the riverbanks as well.
The Russian River in western Sonoma County has become a flashpoint for disputes over access to public beaches as locals try to protect their land from rowdy tourists
“The challenge is that sometimes there is a culture of lawlessness among visitors. We have had so many reports of visitors urinating and defecating on private property and cutting fences with bolt cutters,” said Sonoma County Supervisor Lynda Hopkins.
There were reports of visitors relieving themselves on private property and cutting fences with bolt cutters (Photo: Stock Photo)
Under state and federal law, river beaches are public and, like ocean beaches, are subject to the “ordinary high-water mark” that defines the shoreline.
On ocean beaches this determination can be quite simple. The ‘ordinary high water mark’ is the line on the shore that is determined by changes in water levels, and which defines the boundary between what can be considered public or private property, according to California State Lands Commission.
However, riverbanks do not experience the same tidal rhythm as ocean beaches, where tidal waves are generally predictable and fairly consistent.
The tides on the riverbanks are less predictable and can change from year to year, making it almost impossible to determine where the tide ends and private property begins.
The Russian River is 177 kilometers long and is monitored by the non-profit organization Russian Riverkeepers.
Don McEnhill is the Executive Director of the Russian Riverkeepers
“If people just weren’t idiots, there would be a lot less problems in the world,” McEnhill said
The disputes also concern growing tourist numbers and the preservation of the area for the local population.
Sonoma County Supervisor Lynda Hopkins said she was disappointed by the number of fights last summer, but that unruly visitors “bear their share of the blame,” the Los Angeles Times reported.
She added: ‘We [the public] have the right to enter river beaches up to the normal high water mark. The challenge is that there is sometimes a culture of lawlessness among visitors – we have so many reports of visitors urinating and defecating on private property, cutting fences with bolt cutters.’
She also pointed out that in some cases homeowners have gone too far and that the right to access public spaces is ‘being violated’.
Don McEnhill, who works for the nonprofit Russian Riverkeeper and patrols the 110-mile (177-kilometer) river in his canoe, has seen spots marked as private property.
He tells visitors to the beaches that they are in fact public and that the signs the owners place here are illegal attempts to privatize the area.
McEnhill found that an area had been illegally fenced off and became the focus of one of the first major disputes in the region.
In 1969, the beach was purchased by the Hacienda Improvement Association, but county officials also noted that much of the area was below the normal high-water mark and therefore accessible to the public.
This summer, private security guards patrolled the beach area paid for by the association. Complaints were received that public access was also blocked.
Hopkins eventually warned the association that the beach near the water was public.
Busy summers, crowded beaches, high parking fees and the need for a quiet spot to relax on the water make the open spaces in front of local properties increasingly attractive to visitors.
“There are people who go to the river and leave their trash, and they relieve themselves on someone’s property… We have laws against that. It’s really not okay to do that on someone’s property,” one homeowner told the Sonoma County State Gazette.
Another described the devastation on July 4, saying, “There were about three dozen vehicles going through, cutting locks on vineyard gates, going through people’s property, even a gentleman down by the river in Geyserville, two trucks went right through his vegetable garden. That was the only way they could get to the river, and then they went down to the river. Many of them camped for several days, with numerous large campfires.”
Debates broke out in Facebook groups, with both sides arguing over who was right.
One person, according to the Los Angeles Timeswrote on Facebook: ‘You buy a house on the river. It’s quiet. Then summer comes, and lots of teenagers partying. I understand the homeowners are concerned about the trash and the partying. But this is the Russian River. This is something all Californians should be able to enjoy.’
The boundaries of public and private land on beaches are determined by the normal high tide line, which is measured using high tide points
Busy summers, overcrowded beaches, expensive parking fees and the need for a quiet place to relax on the water make open spaces in front of local properties more attractive to potentially unwanted visitors.
The privatization of public space has also led to legal disputes.
Vacation Beach was a place where residents had access to a beach for years, on the south side of the river. Paths led directly from the road to the beach, but a few years ago, the property owners began posting “no trespassing” signs, according to the Los Angeles Times.
Some residents who objected regularly occupied the beach in protest. The dispute was eventually settled by the California State Lands Commission.
The initial determination was that the public had rights of access. This changed after additional reviews of the preliminary investigations determined that the public did not in fact have such rights. The issue was resolved when a fence was installed.
McEnhill avoided confrontations during most of his patrols along the Russian River, which he believes is probably because he treated the beaches with respect.
“If people didn’t behave like idiots, there would be far fewer problems in the world,” he said.