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Should government bail out seawall owners?

hi n dry avatar
hi n dryBeach Lover
8,161 views
Some private beach owners are attempting to get the legislature to legalize all seawalls. This would include even ones that are illegal and which pose a negative environmental impact and intrude onto public beaches.

State legislators, Rep. Coley, Rep. Drake, Senator Gaetz and Senator Evers are holding a delegation meeting at the south annex next Wednesday, 12/15/10, at 1:30 PM to consider this bill.

If all seawalls are legalized then taxpayers could be held accountable to pay for the mitigation of environmental damage .

There are many seawalls that were done properly according to proper standards and have been properly maintained.

However, there are also some that have used the wrong color sand, have not been completely covered in sand, block seat turtle nesting, and at least one has been built in front of a public beach.

It is not in the public?s interest to legalize all seawalls. This should be done on a case by case basis.

Please contact the county commissioners and state legislators and tell them that the state should not legalize all seawalls nor interfere in the local HCP environmental mitigation process.

See contact information below.


Backgound:

After Hurricane Dennis stuck our area in 2005 the county issued temporary permits to many beach front property owners so they could build seawalls to protect their property.

However, many of those people built permanent seawalls and some of those walls were built out onto other people?s property, built inappropriately in front of vacant lots or in one case built about 20-feet out onto our public beaches.

Currently beach front property owners are required to help pay for the the HCP environmental mitigation. There is a proposed one-time fee of $100 per linear foot of seawall.

Actually the county is paying for two thirds of the cost of the HCP through current programs so beach front property owners are only being asked to fund that last third of the cost.

Many do not want to fund the Plan. If they get this law passed they could get bailed out by the tax payers.

State legislators, Rep. Coley, Rep. Drake, Senator Gaetz and Senator Evers are holding a delegation meeting at the south annex next Wednesday, 12/15/10, at 1:30 PM to consider this bill.

That would be legislation they would take to Tallahassee for approval by the entire legislature. And if that happens the funding source for the HCP could go away.

Beachfront property owners with illegal seawalls who suddenly find themselves with seawalls that are legal are unlikely to take part in the HCP, and if they don?t, how do you think the county will fund the Plan?

Please contact the county commissioners and state legislators and tell them that the state should not legalize all seawalls nor interfere in the local HCP environmental mitigation process.

State Legislators:

Representative Marti Coley
Phone: 850-488-2873 850-488-2873
Email: <marti.coley@myfloridahouse.gov>

Senator Don Gaetz
Phone: Toll Free: 866-450-4366 866-450-4366 or 850-487-5009 850-487-5009
Email: <gaetz.don.web@flsenate.gov>

Representative Brad Drake
Phone: 850-488-4726 850-488-4726
Email: <brad.drake@myfloridahouse.gov>

Senator Greg Evers
Phone: 850-689-0556 850-689-0556
Email: <evers.greg.web@flsenate.gov>


County Commissioners:

Scott Brannon, District 1/ Vice Chairman
Phone: 850-835-4860 850-835-4860
Email: <brascott@co.walton.fl.us>

Kenneth Pridgen, District 2
Phone: 850-834-6328 850-834-6328
Email: <prikenneth@co.walton.fl.us>

Larry Jones, District 3, Chairman
Phone: 850-892-8474 850-892-8474
Email: <jonlarry@co.walton.fl.us>

Sara Comander, District 4
Phone: 850-835-4834 850-835-4834
Email: <comsara@co.walton.fl.us>

Cecilia Jones, District 5
Phone: 850-231-2978 850-231-2978
Email: <joncecilia@co.walton.fl.us>

Replies

58
Matt J avatar
Matt JSWGB
#27
Maybe they should include seawall subsidies in with the 6400+ earmarks which are in the new tax bill being proposed. Hardly anyone seems to object to sending money to other states to help out particular causes, as long as it's hidden in important stuff. From my observation, they seem to push for these types of funding rather than against it.

If it doesn't fit into the tax bill, maybe it should be shoved into the health care bill, which has people in good health subsidizing the health care of those who do not lead a healthy lifestyle. Again, very few objections about paying for that.

(I'm against paying for seawalls built by others.)

SJ, you come up with the craziest things.
hi n dry avatar
hi n dryBeach LoverAuthor
#28
Below is a summary of the December 15 meeting.

Below is a summary of the December 15 meeting.

Many seawall owners were present with their attorneys. They essentially want the state legislature to bail them out of their obligation to bring their walls up to DEP standards and to avoid paying environmental impact fees.

If passed this bill will give amnesty to illegal seawalls that have not met DEP standards. It could also transfer the environmental impact costs to taxpayers.

It is well documented that seawalls can interfere with natural beach re-nourishment and wild life habitat as well as potentially contributing to beach erosion.

If some of these walls are allowed to stay they may hinder public beach usage and could deflect erosion to non armored beach front properties.

It should also be pointed out that any delay in the permitting process has been contributed to by the obstructive efforts of some seawall owners and their numerous attorneys.


Defuniak Herald ? Legislators to file bill for Walton County seawalls


excerpt from below article:... ? the building department had issued the emergency armoring permits, making it clear to permittees that ?these were temporary walls.? This was also stated in a brochure provided to the people obtaining permits...

...the bill fundamentally wrong to take decisions on the seawalls out of the normal review process underway with DEP. .. filing of the bill ?bad policy? and ?a bad precedent.?

...citizens rely on DEP to ensure that what is built on the beach complies with state regulations. ..walls found to be in compliance should remain and that the ones not meeting state standards should come down.?



Legislators to file bill for Walton County seawalls
Dec 23rd, 2010 | 0

By DOTTY NIST

Walton County?s legislative delegation has made a decision to file a bill in the Florida Legislature addressing the matter of coastal armoring or seawalls constructed along the Walton County gulf as a result of Hurricane Dennis.

During the emergency period following the July 2005 hurricane, Walton County issued permits to beach front property owners in order for the homeowners to put up temporary armoring to shore up their property.


The permits were issued with the understanding that a state Department of Environmental Protection (DEP) permit would be required in order for armoring to stay in place on a permanent basis. Property owners built several miles of seawalls and other armoring in connection with the emergency county permits, much of which is still in place. However, years later, post-Dennis seawall owners have for the most part been unsuccessful in obtaining state armoring permits.

On Dec. 15, at a public hearing held by the legislation delegation in Walton County, beach front homeowner Emmett Hildreth, in the company of a group of other seawall owners, presented a bill that, if approved, would remove the requirement of a state permit for coastal armoring constructed following Hurricane Dennis, between July 1 and April 30, 2005. The proposed legislation is termed a local bill because it applies to one specific area.

Hildreth told the delegation, which included Brad Drake (R-Eucheeanna), Marti Coley (R-Marianna), Don Gaetz (R-Niceville), and Greg Evers (R-Baker), that approximately 190 properties were involved. He estimated that there were approximately 10,000 people that the legislation would ?materially affect. Since paying their fees to obtain state armoring permits, the property owners have encountered ?a nightmare stalemate,? Hildreth complained, adding ?the Florida DEP is sitting on the permits.?

?If you cannot get a permit, you cannot sell your property,? Hildreth told the legislators. He also contended that property values had fallen as a result of the homeowners? inability to obtain state armoring permits.

?We?re just asking you to do what is right, what is fair.? Hildreth urged. He read the bill language, and the seawall owners in attendance broke out in applause as he concluded his remarks.


Gaetz quickly made a motion for the local bill to be filed in the legislature. Evers seconded the motion.


The meeting was then opened up for public comment on both sides of the issue.

South Walton County resident Jacquee Markel, the first person to speak, expressed her opposition to the bill. Markel found it to be ?fundamentally wrong? to take decisions on the seawalls out of the normal review process underway with DEP. She called the filing of the bill ?bad policy? and ?a bad precedent.? She told the legislators that citizens rely on DEP to ensure that what is built on the beach complies with state regulations. It was her opinion that the walls found to be in compliance should remain and that the ones not meeting state standards should come down.

Drake, serving as delegation chair, then noted that Walton County is a party of interest in connection with the legislation. He called upon Gerry Demers for his comments. Demers is currently assistant county administrator.

Demers noted that he was serving with the Walton County Building Department at the time of ?the seawall incident.? He recalled that the building department had issued the emergency armoring permits, making it clear to permittees that ?these were temporary walls.? This was also stated in a brochure provided to the people obtaining permits, he added.

Demers however noted that he would like to see the situation with the seawalls resolved. He suggested removing ?roadblocks? to permitting now posed by state statutory language. The language sets several requirements in order for a seawall to be permitted, including proper siting, protection of an eligible structure, and the existence of vulnerability on the property, Demers explained. He suggested the removal of some or all of these requirements in order for existing post-Dennis seawalls to be permitted.

Another ?roadblock,? a federal beach habitat issue raised by the U.S. Fish and Wildlife Service (USFWS), is close to being resolved with the Habitat Conservation Plan (HCP) close to being approved by the county, Demers noted.

Once permitted, the seawalls could then be monitored for impacts, Demers concluded.

?We do seriously want to get this issue worked out,? said Walton County Environmental Manager Billy McKee?.

Read the full story in the December 23, 2010 edition of the Herald Breeze.
30ashopper avatar
30ashopperSoWal Insider
#29
On a somewhat larger scale, this is just like the owners on Eastern Lake who want the county to open the lake every time their non-floating dock is submerged.

If you buy beachfront, you should accept responsibility for the risk inherent in owning beachfront. If you can't handle it, then don't do it. This is why, in the old days, they built tiny, disposable beach houses.

There are still a few of those left between here and PCB, and I wish I owned one. Beautiful little homes.
TreeFrog avatar
TreeFrogBeach Fanatic
#30
There are still a few of those left between here and PCB, and I wish I owned one. Beautiful little homes.

Disappearing fast. The V knocked down two of them. Two more went away in Blue Mountain so they could build those two new immense places now under construction.
scooterbug44 avatar
scooterbug44SoWal Expert
#31
Question - with all of this legislative attention, why can't they have the Florida DEP get the lead out and address the issues? Their lack of action seems to be a recurring theme as to why this issue has not been resolved.

(The monumentally stupid and incompetant FDEP folks in Tallahassee get my vote as a way for Governor Scott to cut the budget.)
beachmouse avatar
beachmouseBeach Fanatic
#32
Don't look for it anytime soon. The new head of DEP apparently has little to no experience in environmental fields.
scooterbug44 avatar
scooterbug44SoWal Expert
#33
Don't look for it anytime soon. The new head of DEP apparently has little to no experience in environmental fields.

Um, then why the hail are they the new head of DEP? :idontno:
scooterbug44 avatar
scooterbug44SoWal Expert
#35
And so it begins. :bang:
Alicia Leonard avatar
Alicia LeonardSoWal Insider
#36
There are still a few of those left between here and PCB, and I wish I owned one. Beautiful little homes.


I love the ones along Mexico Beach.
miznotebook avatar
miznotebookBeach Fanatic
#37
DEP is barred from taking any action to approve or deny permit applications for any of the post-Hurricane Dennis seawalls until July 1, 2011. This was part of the general appropriations bill passed by the legislature in the 2010 session.
30ashopper avatar
30ashopperSoWal Insider
#38
I love the ones along Mexico Beach.

I have not been that far down along the coast, but I'll have to drive down and take a look since you mentioned it. Do they have white sand there? I was thinking of some of the homes I've seen on Laguna and Panama City Beach.
30ashopper avatar
30ashopperSoWal Insider
#39
Well property sure as heck is cheaper down there. Dang!
beachmouse avatar
beachmouseBeach Fanatic
#40
It's white sand through Mexico Beach, but it starts getting marshy once you get SE of there. I really like the area, and it's about asOld Florida as you can get around here that still has a decent beach.


Cape San Blas is nice and sandy, but the prices are low because it's a very high erosion area (they've got huge concrete rip-rap in order to keep the road from washing out past the 'stumphole') and the insurance options there are supposed to be pretty much non-existing or prohibitively expensive. So you need to think cash purchases on the Cape, which limits the buyer pool. That and how they'll commonly lose a half dozen Cape beach houses during even a somewhat rockin' tropical storm that sends surge in the wrong direction.

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