Is That Even Legal?

Summer’s Here, Surf’s Up…Who Owns the Beach and the Waves?


Listen Later

Send us Fan Mail

A beach looks simple until you ask one question that changes everything: where does private property end and public access begin? We sit down with Mark Massara, a “surf lawyer” who has spent decades inside California coastal law, land use fights, and environmental regulation. From the public trust doctrine to the mean high tide line, we break down why the shoreline is treated as a shared space and why attempts to rope off sand can trigger fast enforcement from the California Coastal Commission. 

Then we get into the hard part: climate change, sea level rise, and coastal erosion are moving the coastline in real time. We talk about shoreline armoring and seawalls, why they can protect a home while sacrificing the public beach, and how the Coastal Act tries to balance private expectations with long-term coastal resilience. If you’ve ever wondered why “just build a wall” is not a clean fix, this conversation makes the tradeoffs brutally clear. 

We also bring it back to the water. What happens when surfers collide, a board gets away, or someone ignores lineup priority? We walk through surfing liability under negligence principles and the four core rules of surf etiquette that keep people safe. Finally, Mark shares the conservation shift he’s seen up close, including why removing kelp wrack can hurt shorebirds and how groups like Surfrider Foundation and Save The Waves protect both beach access and coastal ecosystems. If you care about surfing, ocean conservation, or California beach access rights, subscribe, share this with a beach friend, and leave a review.

 Be sure to take a look at these organizations mentioned in the episode. 

Save the Waves- https://www.savethewaves.org/

Surfrider Foundation- https://www.surfrider.org/

Operation Surf- https://operationsurf.org/

Me Water Foundation - https://www.mewaterfoundation.org/

Waves of Impact- https://www.wavesofimpact.com/

Surfers Healing - https://www.surfershealing.org/

...more
View all episodesView all episodes
Download on the App Store

Is That Even Legal?By Attorney Robert Sewell

  • 5
  • 5
  • 5
  • 5
  • 5

5

45 ratings


More shows like Is That Even Legal?

View all
99% Invisible by Roman Mars

99% Invisible

26,242 Listeners

Court Junkie by PodcastOne

Court Junkie

8,539 Listeners

The Daily by The New York Times

The Daily

113,121 Listeners

The Journal. by The Wall Street Journal & Spotify Studios

The Journal.

6,097 Listeners

Honestly with Bari Weiss by The Free Press

Honestly with Bari Weiss

8,447 Listeners