The towns around me and our county have begun doing this. Buying both beach houses and poorly maintained beach front commercial spaces.
They’re mostly turning them into public parks, concessions sites with contracts offered to locals, and resident preferred camp sites.
Though there was a change in one of the town councils that lead to one large site being turned into condos.
They’re making a hell of a lot more money on parking fees and public access concessions (especially beach bars) than they would renting those properties out as regular private real estate. And it’s let them begin buying more spots for wetland and dune restorations.
It also lets them slot public beach access into ritzy “private” areas, undermining attempts to own the beach.
Pretty sure federally it’s everything below the average high water point is public land.
It’s really unclear what the formal standards are, but it does not just mean high tide. Usually some point above the usual highest expected high tides an area sees in a year. The department of the interior (I think) determines it through some hard to parse, arguable math. But typically encompasses the whole beach as well as any existing sand dunes these days.
All the state differences come down to standards on what’s considered adequate access. Since you can’t block access to public lands.
Here on Eastern Long Island it used to be common to build bulkheads all the way down the beach, out into the water to keep people out.
These days the army corp of engineers will show and tear it out while you shout about lawyers.
It’s usually considered adequate if people can walk down from a public access point. But if you are too far from one (sort of difficult on an island) you might be forced to put one in. And I don’t think it’s even technically legal here to prevent people from crossing private land if there’s no better way to access things.
Meanwhile in Jersey it’s common for both private owners and municipalities to charge admission to the beach. Not parking. Straight turnstile on a board walk, $10-20 a head to get to the sand. And that’s considered sufficient access, even if you never open the ticket booth.
I don’t recall Mass having rules any different than we do here. Though they are really lax with enforcement in those mansiony beach towns from what I’m told.
None the less it is really common to claim to own the beach down to the low tide mark. Real estate agents seem to tell people that and advertise lots that way. And apparently older deeds may explicitly say that.
Nobody even seems to sue over it anymore out here. It’s such settled law both on the state and federal front that these disputes don’t tend to go anywhere.
Part of what’s allowed the public to start buying these properties here. Both the federal and state subsidized insurance that allowed people to keep re-building ever larger beach front houses ended. And building codes started blocking new construction that close to the water.
You have to pay exorbitant market costs for insurance, that probably has exceptions for flooding and storm damage. And if you rebuild you basically have to recreate the existing structure. If not shrink it to correct any past violations or expired variances.
Most of the really big beach houses here started out as tiny cabins on stilts. After they washed away a bigger house was built with those state insurance funds. Repeat. Now you have a 6 floor mansion on the “original footprint” (not counting a 3 floor heated and plumbed “deck” and “porch”).
Pull away all that bullshit. Suddenly it’s not worth it to maintain those properties, and public lands can expand.