Customary Use in Walton County & Florida - Questions

[Abby Prentiss]

I haven't really been following the issue and I'm confused.

Are beachfront property owners trying to argue that no one ever used the beach in front of their house before they bought it? Isn't that the only way to negate the concept of customary use? Do they say that no one ever sat on their beach before a deed was drawn up? How did these deeds with sany beach on them come to existence in the first place and when? Thanks in advance for helping me understand the issue of customary use.

 

[ShallowsNole]

Most of our deeds that read to the MHWL came into existence when the original owners/developers of several of our beach communities bought government lots and subdivided them for sale. This was years before the Coastal Construction line was created, and it was sometimes difficult to sell beach property as you couldn't really grow anything on it. It is my understanding that the intent was to prevent anyone from building in front of you and blocking your view and/or access to the beach. It was not meant to exclude anyone per se, and beachfront homeowners generally didn't exclude people peacefully using the beach in front of their houses until just a few years ago. It has escalated in the last couple of years to what you see today.

I am quite sure that Eric Allen of Dune-Allen and the Storrie family of Blue Mountain Beach are rolling in their graves over this, and if Cube McGee hadn't been cremated, he'd be flipping too.

 

[James Bentwood]

Most of our deeds that read to the MHWL came into existence when the original owners/developers of several of our beach communities bought government lots and subdivided them for sale. This was years before the Coastal Construction line was created, and it was sometimes difficult to sell beach property as you couldn't really grow anything on it. It is my understanding that the intent was to prevent anyone from building in front of you and blocking your view and/or access to the beach. It was not meant to exclude anyone per se, and beachfront homeowners generally didn't exclude people peacefully using the beach in front of their houses until just a few years ago. It has escalated in the last couple of years to what you see today.

I am quite sure that Eric Allen of Dune-Allen and the Storrie family of Blue Mountain Beach are rolling in their graves over this, and if Cube McGee hadn't been cremated, he'd be flipping too.

If correct then what an easy fix it would have been to specify that no one could build between lot and the water, or restrict owners use of beach. Too bad we can't change it to that now.

 

[Kaydence]

If correct then what an easy fix it would have been to specify that no one could build between lot and the water, or restrict owners use of beach. Too bad we can't change it to that now.

If what I understand is accurate, there is a construction line and nothing can be built past that construction line.

 

[FloridaBeachBum]

If what I understand is accurate, there is a construction line and nothing can be built past that construction line.

No. Seaward of the CCCL the FDEP regulates construction as well as the county. North of CCCL only the county regulations apply.

 

[Lake View Too]

There is also a Coastal Setback Line regulated by the FDEP, beyond which nothing can be built on, no matter what. This might be a great line to discuss when talking about market value of unbuildable sand and basis for eminent domain.

 

[FloridaBeachBum]

There is also a Coastal Setback Line regulated by the FDEP, beyond which nothing can be built on, no matter what. This might be a great line to discuss when talking about market value of unbuildable sand and basis for eminent domain.

Where is the regulation for a "Coastal Setback Line"? Can you quote one?

 

[Lake View Too]

No. I've seen it on surveys, and it's a real thing. Don't worry about it...

 

[FloridaBeachBum]

No. I've seen it on surveys, and it's a real thing. Don't worry about it...

Not worried about Coastal Setback Line because there's not one in Florida - unless you can show the DEP regulation or rule.
More fake news and misinformation. Like customary use criteria, HB631/FL Statute 163.035, and Governor's Executive Order 18-202.

 

[BJackson]

Coastal Construction Control Line Program | Florida Department of Environmental Protection