Can anyone explain the new Customary Use changes from HB 631 that take place in July? As a longtime tourist, it’s the first I’ve heard about it. Will visitors still be able to, say, walk the beach from Rosemary to Alys or Seacrest to Watersound, etc? Will there be roped off areas like I’ve seen in the past (that were taken down). I wonder how this will affect contracted and uncontracted beaches.
Just wondering how this will affect South Walton.
Thanks!
Replies
39Beach Fanatic
I am going to post this info one more time since I cant find the last time I did..mainly to save it for other peoples information...
177.28 Legal significance of the mean high-water line.—
(1) Mean high-water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership. However, no provision of this part shall be deemed to constitute a waiver of state ownership of sovereignty submerged lands, nor shall any provision of this part be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors.
(2) No provision of this part shall be deemed to modify the common law of this state with respect to the legal effects of accretion, reliction, erosion, or avulsion.
History.—s. 4, ch. 74-56.
177.28 Legal significance of the mean high-water line.—
(1) Mean high-water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership. However, no provision of this part shall be deemed to constitute a waiver of state ownership of sovereignty submerged lands, nor shall any provision of this part be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors.
(2) No provision of this part shall be deemed to modify the common law of this state with respect to the legal effects of accretion, reliction, erosion, or avulsion.
History.—s. 4, ch. 74-56.
Beach Comber
Not sure about everyone else but the 1st day of the new or lack of customary use rule seemed to be business as usual. On the west end of 30A we didn't see anything different. No private property/trespassing signs, no property owners chasing people off their beach, no police. Just locals, visitors, friends and families enjoying the beaches just like we always have. The one noticable difference was with the absence of tents and canopies.
Beach ambassadors were at the access asking beachgoers to please use the public portion of the beach or state park if using tents and canopies. Otherwise, be respectful of the beach and property you are on and enjoy the day on the beach.
I can understand property owners not wanting their beachfront full of canopies, loud music and unruly crowds. If we all treat the beach and each other with respect there shouldn't be any issues.
Beach ambassadors were at the access asking beachgoers to please use the public portion of the beach or state park if using tents and canopies. Otherwise, be respectful of the beach and property you are on and enjoy the day on the beach.
I can understand property owners not wanting their beachfront full of canopies, loud music and unruly crowds. If we all treat the beach and each other with respect there shouldn't be any issues.
Beach Fanatic
Not sure about everyone else but the 1st day of the new or lack of customary use rule seemed to be business as usual. On the west end of 30A we didn't see anything different. No private property/trespassing signs, no property owners chasing people off their beach, no police. Just locals, visitors, friends and families enjoying the beaches just like we always have. The one noticable difference was with the absence of tents and canopies.
Beach ambassadors were at the access asking beachgoers to please use the public portion of the beach or state park if using tents and canopies. Otherwise, be respectful of the beach and property you are on and enjoy the day on the beach.
I can understand property owners not wanting their beachfront full of canopies, loud music and unruly crowds. If we all treat the beach and each other with respect there shouldn't be any issues.
Beach Lover
#301
As a homeowner in this community gulf shore manor. I would like to share some documents from a law suit in 1993.I wonder how county would feel if we put signs up and shut down people from coming to our beach. Personally I feel all are welcomed, but also worry about if everyone else shuts people out will it overcrowd us.Now we have naturewalk and the hub using. Not to mention 3 county walk overs and 1 large parking lot at Santa Clara . As the county has built a public parking lot in front of gulf shore manor. Which is a court order for perpetual use for owners in gulf shore manor
Beach Lover
I suspect that the self anointed "activists" have made a bigger deal of this than it really is.
Beach Fanatic
I suspect that the self anointed "activists" have made a bigger deal of this than it really is.Property rights and customary use are pretty big deals.
Beach Lover
It's a bigger deal to me that continuous over building, development, and marketing keeps bringing in more and more tourists and traffic to Destin and South Walton. As far as I'm concerned, the area has lost it's appeal.
Beach Fanatic
I suspect that the self anointed "activists" have made a bigger deal of this than it really is.Truth
Beach Fanatic
#351
Customary use town hall meetings are scheduled.
Beach Lover
Well we just left our vacation home and were surprised that we were allowed to sit in our normal spot and walk wherever we wanted.
We were expecting the Beach Police to force us to sit in the waves until our raisined skin could not take it any longer.
Luckily, that wasn’t the case for now...
We were expecting the Beach Police to force us to sit in the waves until our raisined skin could not take it any longer.
Luckily, that wasn’t the case for now...
SoWal Insider
Good effort Mike. Walton Beach Operations and Code Unenforcement still have jurisdiction to enforce public beach activities ordinance on private property after July 1st and the Sheriff is the governing force to enforce the laws on private property as well. About 19 miles of Walton's 26 miles is private beach parcels with a Mean High Water Line (MHWL) south boundary. The MHWL is .75 foot Elevation from the US NAVD88 datum plane. That's the law. Beachfront owners did not create the Gulf boundary with the State. The State did. The Sheriff just has to enforce the laws, not some "rule of thumb", or he is derelict in his duty. Private beachfront is NOT, "essentially" what is considered (by whom) the "dry sand area". Public property is the "foreshore" south of the MHWL between the ML(ow)WL and submerged sands under the Gulf. Sometimes referred to as the "wet sand"; but the wet sand also presumes NO prevailing south wind to push the water above the natural tide.
The Walton Sheriff has proposed the "wet sand" beach as a convenience for his trespass SOP after July 1st because the MHWL is too hard to for him and the public to understand much less enforce, according to his recent FB video explanation. But it is NOT the law. Got this Seagrove Sky cam (thanks SoWal) from another person today. Red line is typical "wet sand". Prevailing winds today were nil. Wonder was code unenforcement was to enforce the non compliant tents on the beach in this photo? Where's the MHWL? Not sure without a survey, but bet it is about were the red line is. Me and many beachfront owners have MHWL surveys and can tell you and the Sheriff where our MHWL is. Or we can mark the MHWL with posts if the Sheriff requires, like he did in his 2105 standard operating procedure. That's essentially the law. Where would the Sheriff enforce Seagrove beach private property rights in this photo? The wet sand?
View attachment 71229
Live Webcam - Seagrove Beach SkyCam | SoWal.com
The wet sand extends way beyond the red line so to me that means they should have access to all of that area.
Beach Fanatic
Walton is now a Sanctuary Beach.. illegal trespassers will be released. ICE will not be called #YouRFreeToRoam
SoWal Insider
Well we just left our vacation home and were surprised that we were allowed to sit in our normal spot and walk wherever we wanted.
We were expecting the Beach Police to force us to sit in the waves until our raisined skin could not take it any longer.
Luckily, that wasn’t the case for now...
If you own there I think you have access to just about all of the beach except where people have posted signs blocking off what they think is their property.
Beach Fanatic
If you own there I think you have access to just about all of the beach except where people have posted signs blocking off what they think is their property.Key!!! Ask them show you their 2018 survey..most have a yearly one done..if they have it move on..if not ( most don't) sit tight....
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