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H 946

An Act preserving public trust rights in land affected by ocean erosion

194th Legislature (2025-2026) Introduced by Sean Garballey

Massachusetts bill establishes public trust protections for coastal land affected by ocean erosion, balancing private property rights with public beach access and navigation rights.

Hearing scheduled for 10/07/2025 from 01:00 PM-05:00 PM in A-1
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Bill Summary · H 946

Legislative bill overview

H.946 aims to preserve public trust rights—including public access and use—on Massachusetts land affected by ocean erosion. The bill addresses the legal challenge that when privately owned coastal land erodes and is naturally reclaimed by the ocean, property owners may lose land while the public's traditional access rights become unclear. The legislation would establish protections ensuring public trust interests remain enforceable even as shorelines shift.

Why is this important

Coastal erosion in Massachusetts is accelerating due to climate change and rising sea levels, affecting thousands of property owners and threatening public beach access. The bill addresses a genuine legal gap: current law doesn't clearly define whether public trust rights (like beach access and navigation) follow eroding coastlines or remain tied to fixed property lines. Resolution matters for both coastal communities seeking to maintain public beaches and property owners facing loss of land to the ocean.

Potential points of contention

  • Property rights vs. public access: Landowners may view the bill as restricting their remaining property rights, while public access advocates argue erosion shouldn't eliminate public beach use
  • Compensation and liability: Unclear whether the state bears responsibility for restricting private use of eroded land or compensating affected property owners
  • Implementation complexity: Determining where public trust boundaries lie on constantly shifting coastlines presents technical and administrative challenges

Compiled from official sources — confirm details with the bill’s official record.

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