It’s true, there’s no such thing as a private beach in California, thanks to the words of our state’s constitution.
But when it comes to private property covered in sand adjacent to coastline – like the areas around some homes along Stinson Beach – questions of access, trespassing, permitting and good neighborly behavior come into play.
Fronted by the Pacific Ocean and backed by the dramatic ridges of Tamalpais State Park, the unincorporated Stinson community in southwestern Marin County is a gem. The 3.5-mile beach is known for its white sand and cooling breeze, drawing thousands of visitors whenever the interior Bay Area heats up.
It’s also a draw for home buyers looking for hard-to-find beachfront property. The few parcels within earshot of the crashing waves are some of the region’s most valuable homes. Those with a direct view of the Pacific know they own a rare piece of California real estate.
Recently, questions about long-used simple stick-and-rope fences around six homes along the beach were raised. Concerns centered on worries that the unpermitted fences extended beyond property lines and onto the public beach. After receiving two letters of complaint, the Marin County Community Development Agency sent enforcement letters to the owners last month.
The county was right to step in. Not only do those fences need to adhere precisely to the footprint of the property, but they need to be permitted – just like all other construction in Marin’s “coastal zone.”
Some of the homeowners feel targeted by the county. After all, the ropes are low-key demarcations used mostly in summer during times of the year when the number of visitors can seemingly pack every inch of the sand between the public parking lot and the water.
As homeowner Elida Schujman said, her fence serves as a “gentle” reminder to beachgoers about where the public beach ends and her private property begins.
That visible reminder has been important to Schujman, who says she has had people use the sand on her property as a public toilet and, once, someone even tried to start a barbecue beneath her home’s deck.
We’ve all seen patches of beach claimed with a stretched blanket anchored by coolers and lawn chairs. Most of us have our own method to temporarily mark our space. The subtle rope-and-stick approach isn’t that much different and it’s not a bad idea in an area where the delineation between private property and public beach is unclear.
The county has informed the six homeowners that the cost of permitting a fence will be at least $6,000 with other fees compiling to what could end up more than $10K. Doing so will require inspections, meetings and approvals by county boards. Considering the simplicity of the fencing, its seasonality and its intention, that seems like a lot.
Of course county policies don’t make exceptions and they don’t allow for discounts. If they did, this would be a time to take a look at the specifics of each case and come up with an appropriate amount of money to pay for stringing a low rope around private property during days when a popular public beach is packed with people.
With so much red tape, it’s likely the sticks and rope will be put away for good. Potential trespassers will be subject to signs and stern looks. What it really means is that both beach visitors and homeowners need to elevate their behavior, be good neighbors and follow the golden rule.
With the right messaging and enforcement, that shouldn’t be too much to ask.
