To our Walton County Tourism Partners: We’ve compiled the following customary use information based on guidance from the Walton County Board of Commissioners and the Walton County Sheriff’s Office. We want to share this with our tourism partners to hopefully provide as much clarity as possible as to the changes that went into effect July 1st.
Customary Use and Beach Access as of July 1, 2018 – An info sheet for tourism partners
The issue of public access to Walton County’s beach has become a complicated situation. This came about due the desire of some beachfront private property owners to be able to keep others off their private property, and the desire of the general public to continue to use the beach area as they have for generations.
What is not at issue is the public’s right to use public beach areas, such as Walton County’s regional beach accesses, easements at neighborhood beach accesses, other county owned property, areas of beach below the mean high-water line, renourished areas of beaches south of the erosion control line, and state parks. The public continues to have access to those properties/areas.
The TDC has been purchasing additional beach front property to increase public access, and will continue to do so whenever the right opportunity arises and as budget allows.
Below, we attempt to summarize what is currently known, as well as outline what remains unknown – there is much that is open to differing legal interpretations, is currently under dispute, is being/will be/could be challenged in the court of law. Much is unknown and/or subject to change. These uncertainties and ongoing changes make this situation complicated (and frustrating) for all involved.
The situation:
- In 2016, Walton County Commissioners enacted a “Customary Use Ordinance,” which recognized that visitors and residents have been using the beach for generations. The Customary Use Ordinance protected the public’s right to continue to use the beach for traditional recreational purposes, such as swimming, fishing and sunbathing.
- In 2018, the Florida Legislature adopted and the Governor signed into law House Bill 631, which makes Walton County’s Customary Use Ordinance null and void. House Bill 631 took effect on July 1, 2018.
- HB 631 did not void or invalidate the doctrine of customary use. It invalidated Walton County’s Customary Use Ordinance. HB 631 lays out a process by which Walton County can adopt a new customary use ordinance, a process the Walton County Board of County Commissioners has already begun.
- House Bill 631 does not grant private property owners exclusive rights to areas of renourished beach. In Walton County, the span of beach between Topsail Hill Preserve State Park and the Okaloosa County line has been renourished. Because of that renourishment project, the beach to the south of the erosion control line remains public beach. Likewise, the area seaward of the mean high-water line is public, not private, property. Additionally, not all Gulf-front private property extends to the mean high water line. The area of sand between the private property line and the Gulf of Mexico is public beach in these instances.
- Completely accurate maps determining the exact position of private property lines do not exist, due to a number of reasons, including map distortion (difficulty projecting three-dimensional reality onto a two-dimensional drawing).
- Due in large part to the uncertainly caused by the adoption of HB 631, the State Attorney’s Office and Walton County Sheriff’s Office have both publically stated that no one will be arrested or prosecuted for trespass on the beach so long as they are using the beach for traditional recreation.
- Walton County commissioners have limited the maximum size, allowable colors, sign type, and placement of signage on the beach, but cannot regulate wording of signs. Beachgoers should contact Beach Code Enforcement for accurate info regarding beach conduct.
Visitors overwhelmingly site the beach as a primary reason for visiting South Walton. Tourism supports literally thousands of Walton County businesses, tens of thousands of Walton County jobs, and makes a $3.7 billion economic impact for Walton County. Visitors, in fact, pay the majority of Walton County taxes (65-percent), and are responsible for an astonishing 73-percent of all retail spending in Walton County.
Why does this matter?
The issue of beach access is an important one for the economy and quality of life in South Walton. South Walton is and should remain known as a place with beautiful beaches and friendly people – a place that feels like home where both locals and visitors are treated with respect.
Loss of beach access could ultimately be disastrous for local jobs, businesses, events, infrastructure and the Walton County economy.
How long will it take for this to be fully resolved?
The laws governing/explaining beach access have changed significantly in the past two years and will continue to change as new lawsuits are filed, legal rulings made, and interpretations of laws/ordinances continue to develop. This will likely continue for many years before a consensus is reached.
What do I tell my guests?
In short, the situation after July 1, 2018 will be the same as it was before 2016. If the beach area they’re visiting is not marked as private, they need only follow Walton County’s general beach rules. (Which can be found here: https://www.visitsouthwalton.com/beach-safety ). TDC-owned regional beach accesses and neighborhood beach accesses, as well as state parks, renourished areas of Walton County beach (areas south of the erosion control line between Topsail Hill Preserve State Park and the Okaloosa County line) and all areas of beach below the mean high-water line will remain available for public use.
What will the Walton County Sheriff’s Office do?
The Walton County Sheriff has stated publically that no one will be arrested for trespass so long as the beach is being used for traditional recreation.
What’s the TDC’s role?
Beach use will ultimately be determined through Florida state law, Walton County ordinances, the Department of Environmental Protection, and the findings that result from lawsuits that test those laws and ordinances.
The TDC will continue to create and care for regional and neighborhood beach accesses, and will continue to collect garbage from these beaches in order to protect and promote visitation to South Walton, and thereby protect the economy of Walton County. The core goal of the TDC remains marketing the area to visitors in order to safeguard the local economy, and that will remain our goal and our mission regardless of the end result of any beach access-related legal findings. The TDC in no way can determine these policies, but fully supports the county’s efforts to adopt a new customary use ordinance as the best way to ensure a pleasant beach experience and strong economy in South Walton.
In short, we will continue to promote South Walton regardless of the outcomes of the legal findings.
A user-friendly interactive map of public beach access points (not including state parks) can be found here: https://www.visitsouthwalton.com/beach-and-bay-access-locations
A full chart of beach accesses maintained by Visit South Walton can be found here: https://www.visitsouthwalton.com/sites/default/master/files/Beach%20Access%20Selection%20Chart4.pdf
