Customary Use in Walton County & Florida - Questions

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.

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.

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.

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.

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.

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?

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

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.

The county should walk the beach,and have all the illegally installed seawalls removed . Then, maybe Mother Nature will show mhwl .

The county should walk the beach,and have all the illegally installed seawalls removed . Then, maybe Mother Nature will show mhwl .

A huge number of seawalls and geotubes are illegal. Or were. The DEP pressed and then with a quick wave, all were forgiven. At the same time lots of illegal improper sand was dumped on the beaches. Many seawalls were constructed by a former Walton County commissioner. Hmmmmm.

Many seawalls were constructed by a former Walton County commissioner. Hmmmmm.

Do you mean 1 vote Ro? As in Rosier Cuchens?

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.

Here are three aerial photographs supplied by Roland Gomez, FDEP, showing the CSBL. Whining about Fake News is very Trumpian of you. I have my sources at FDEP checking into the current status of this line, but common sense tells an intellectually honest person that there is some line, beyond which nothing can be built, so it's simply a matter of defining that line, assessing the fair market value of that unbuildable sand, and moving forward with the right thing to do.

In case you can't open them, you can save them to your downloads and then open them. It worked for me.

Things to keep in mind:

• Visit South Walton currently maintains 58 public beach access points, including 8 Regional Public Beach Accesses complete with parking, restroom facilities, and lifeguards. South Walton also enjoys additional miles of public beach thanks to our State Parks. The customary use changes do not affect our public beaches, only privately-owned beachfront property.
• A user-friendly interactive map of public beach access points can be found here: Beach and Bay Access Locations
• Many beach neighborhoods and resorts already have dedicated beach areas available for guests staying with them.

What is customary use?

• Customary use is a common law term referring to the public access of the privately-owned beachfront property. Some Gulf-front properties in Florida have a property line that extends to the mean high water line.

What is changing?

• Essentially, some beachfront homeowners are restricting access to the dry sandy areas behind their homes. All wet sand areas remain undisputed public property and beach goers cannot be excluded from these areas. The Walton County Sheriff’s Department will be the governing force for any conflicts or complications that may arise on the space in front of properties now considered private property.

Does that mean I can't walk all 26 miles of our white sand beaches?

• No, you can absolutely still walk our beautiful beaches for as far as you wish. There will still be plenty of space in the wet sand area for beach-walkers to enjoy, and plenty of public beach where access is in no way under dispute.

Customary Use Information:

Walton County Beach Maintenance Department has been denied access to collect trash on private property by some beachfront property owners. As a result of those beach front property owners, beach garbage pickup by TDC crews is no longer available on about 40-percent of beaches. That percentage not only includes the beachfront properties that owners will not allow access to or across their property, but in some cases also adjacent properties that can no longer be accessed for garbage collection because crews are blocked on either side by property owners that will not allow collection crews to cross their property. The affected owners were notified. Public Regional and Neighborhood Beach Accesses will not be affected, and garbage collection will continue as usual on those beaches.

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.

If not for overdevelopment, constantly approving density increases, and continuing to draw escalating millions of visitors, I bet none of this would have happened. Pandora's box was opened. Apparently smart growth just wasn't a thing in Walton County.

So how does the corona virus affect the issue? It seems to me the county being able to close beaches is critical for public health and safety. People are traveling here to use "private" beaches and endangering us all. Do the woners not care about the rest of us? Why didn't the county close all the beaches? I don't understand.

I think they did what they legally could to stop people from coming here. But with owners and management companies not wanting to give refunds and close the property you had people coming down saying "it doesnt apply to me..I am staying at a "private beach" (and yes I heard that from more than one person) there was not much else they could do. But they DO have the power to close the gulf and they did just that. Hopefully folks will realize that without the gulf to cool off in that beach isnt as appealing. Then throw in no bars/restaurants/shopping....hopefully this weekend (ATL spring break) wont be the disaster it could very well turn into.

A huge number of seawalls and geotubes are illegal. Or were. The DEP pressed and then with a quick wave, all were forgiven. At the same time lots of illegal improper sand was dumped on the beaches. Many seawalls were constructed by a former Walton County commissioner. Hmmmmm.

Take a look at this Blue Mountain Beach Travesty … Property is next to the beach access down from the creamery on 83 this has been in this condition for years...I’ve sent photos and the property address to the commissioner and CODE ENFORCEMENT no reply…nothing has ever been done about it. When the virus crises passes my next step will be the media and Local news outlets