CUSTOMARY USE VS PRIVATE BEACHES
DEFINING ACCESS AND USE, CONVENIENCE ADVANTAGES AND FINDING SOLUTIONS FOR HOUSEKEEPING ON THE BEACH IN Walton County
This issue is based on the difference between access and use. In most privately held areas access to the beach is controlled just like in Seaside, Rosemary, Watersound, Watercolor & Alys and others. Use is a different thing all together which is causing all the hullabaloo over Customary Use. The perception problem I see with the private beach advocates is this: "if I own the access, I own the beach." I say they are two different things entirely and the problem arises when one group perceives them to be together and another group sees them as separate.
Rosemary Beach, Seaside, Watersound, Alys and others all have accesses that are private, meaning they control the "easy" access to the beaches; they are the closest to guest homes and parking. Each street has an access for convenience much in the same way Seagrove Beach was designed by Cube McGee. Unlike in Seaside, Cube in the 1940s kept the access public and the beach was and most of it still is deeded for public use. Having an easy access is premium. The fact about going to the beach is, most people just don't want to lug all their beach stuff in the sand more than say, 50 yards.
In Seaside, Robert Davis has chosen, for the past 40 years, to allow public access to town center. That access is a positive element when you purchased because "it accommodated all."; I believe the public town center access is good for our town. Again, we are talking about "access." In these instances where privately held towns/resorts have private access it is bought and paid for; it is the most convenient for that reason.
In most all of these towns you have to either be staying there or own there to access the beach conveniently. Public access is an element of wonderful beach towns all around the world and Seaside, thankfully is no different. Part of what makes Seaside exceptional is it's town center public access. Watersound, where I live has the closest public access at Deer Lake State Park just towards the western boundary of Watersound. The closest public access on the east is about a half mile east of the Peninsula gate at Watersound on the other side of the lake bridge. Non residents and tourists do come to Watersound but not too often because it is a long walk. Roughly 65 feet of sandy beach is dedicated to the public in Watersound and all St. Joe properties due to a land deal with the State in the 80's. So, even now Watersound is a public beach with predominantly private access but a large area of the sandy beach is open to the public for sharing if they take the walk. The beach chairs are only usable by renters, homeowners, beach club members or both. Anyone my set up and enjoy the normal customary beach activities anyone would participate in at Watersound Beach. We all know Rosemary Beach and Aly's all have combination locks at all town beach accesses except from the nearest public access. Since HB631 folks may only walk in the wet sand in Rosemary, Alys and the parts of Seaside away from the town center public access area.
Now let's discuss use. Because I am a proponent of Customary Use, I believe that anyone who may access the beach from a public access point may use the beach as people customarily have for centuries. Once they are on the beach they may traverse east or west on any part of the sandy beach and enjoy the beach wherever they please provided they are willing to walk that far with all their stuff. Beach vendors used to take orders for chairs and placed them individually for each call wherever the renter wished. At the end of the day they picked up the chairs. It was a clean transaction; drop off, pickup and get paid. They did not take over large swaths of the beaches with unattended beach chairs like they do now; I expect that is about to change. And my hope is Customary Use will prevail so we may go back to the way we have alway used the beaches until July 1, 2018 when HB631 went into effect.
I contend that all these towns including Seaside have a geographic advantage or rather, a convenience advantage. Remember I said people don't like to lug their stuff more than 50 yards? It is well documented that the areas where conflict occurs regarding use are the sandy parts of the beaches closest to public accesses. Rosemary Beach's E & W border streets, Seaside's E & W border Streets, Blue Mountain Beach, Ed Walline Beach access, etc....the concern and conflicts mostly happen in these areas because you have the public moving on to the beaches behind private homes that border the public access. I would contend that the interior homes that are more than 100 yards from the public accesses have fewer issues if at all. People just don't have the proclivity to walk long distances to go to a specific beach. So, those beachfront owners who bought near a public access should have known people would be using the beach behind their homes. They had the option of buying an interior home with more seclusion but they did not. Many of those folks, the border folks, are the loudest voices pushing for private beaches. I say if you buy a home right next to a cow pasture...well, then get used to the cows. Buyer beware. Pretty simple. We are not hearing so much complaining from the folks in the more secluded areas away from public accesses.
I was in Hanalei Bay on Kauai with my wife some years ago and we stayed at the Princeville Resort. There was a public access around the property to accommodate the public to get to the beach. It was a long walk that most did not take except for the surfers wanting to surf the bay. If you stayed at the resort you had "private access" which was more convenient and provided the privilege of beach chairs and other amenities tied to the resort. The locals and tourists came to the beach by a nearby, bordering public walkway. They had to carry their stuff and were not permitted to rent or use the beach chairs as they were not staying at the resort. They were permitted to use the beach though and set up with their own stuff if they wished. Very few ever did because the resort had a geographic advantage and people had to park and walk a long way to get there. They both shared the resource but with fair ground rules everyone understood. Different access but shared use. Private access on the one hand, Public access on the other. Shared use. Simple, fair and equitable.
Lastly, I suggest, whether CU is re-instated or not, to regulate behavior, be proactive and educate beachgoers we should expand the army of TDC paid Beach Ambassadors. They would be uniformed and trained in public relations on the acceptable Walton County beach do's and dont's. All the current volunteers led brilliantly by Laurie Reichenbach could and should be paid positions. I suggested this program to the County, TDC and Sheriff almost two year ago. Through the partnership of a group of dedicated volunteers and paid TDC staff the program is excellently working to help address behavioral complaints from homeowners and inform the beachgoing public. The irony is, I first suggested that program idea to help address behavior complaints from Beachfront owners and since HB631 they may no longer use and traverse most private beaches to do what they were meant to do.
I suggest breaking out all of the Walton County Beaches into 3 separate sectors with 3 phone numbers. Each team of Ambassadors would work the beaches 24/7 on some acceptable, small vehicle. Electric would be best because they are quiet. These Ambassadors would respond to Beachfront owners concerns about behavior behind their homes. They would call a Beach Ambassador instead of the Sheriff if someone got out of line. If it escalated then the Sheriff would be called. Mostly they would be helpful, friendly, welcoming ambassadors of our community. Keeping an eye out for deep turtle hole diggers, encouraging safety and informing the public. Occasionally they might be needed to usher someone off the dunes or a private walkover. This program is already working; let's make it really work for beachfront owners and us all.
floridabeachesforall.org
