Customary Use of SoWal Beaches: Contact Governor Scott

[FloridaBeachBum]

Our poor little pieces of public beach accesses will look like this soon if Customary Use goes away!

The tax payers of the State of Florida and Walton County have title to over 32,000 linear feet of poor little beach front, according to the Army Corps, and over 5,000 acres of parking, camping, and bathrooms (but you have to pay admittance). My title and 900+ other property owners paid for the title to our property that we pay annual Walton property taxes on too. Our title does NOT include sharing our private property with the American public without our consent because of the BCC's FAILURE to manage growth for the supply of beaches they property rights to. Or for a Plaintiff (with the burden of proof) to present extraordinary evidence in court that their right of use is superior to the owner’s fee simple private property rights protected by the Constitution. The elements of customary use is ancient, reasonable, without interruption, and free from dispute. Not local economics, popular vote, or emotional pleas. It will only cost all Walton tax payers millions of dollars to try. What if private property owners prevail? I for one will now dare to protect my property rights to the fullest extent of the law if the BCC and customary-take advocates are going to cost me $$$ to protect my rights.

 

[FloridaBeachBum]

And those public beaches look gorgeous. I drove along Front Beach Road today for miles along the West End thought how fortunate those people are to not have to deal with a bunch of rich, old angry get-out-of-my-yarders when they just want to go to the beach.

I'm neither "rich". I am fortunate to have a property we have enjoyed for many decades but have to rent our property to pay exorbitant Walton property taxes. Nor old. I still work. I'm a local that has been here for many decades. I'm not angry and may consent to you being in my yard. Unless you want to declare my private property public without due process or if you feel so self entitled that you think you have the right to stay and tell me I can't occupy my property because you want to (that I pay Walton taxes on). You have 32,000 feet of Walton public beaches you can enjoy.

 

[miznotebook]

My post about tents, umbrellas and buffer zone was in reference to the Chapter 23 of the Walton County Land Development Code, which deals specifically with customary use and reads in part:

Chapter 23 - Customary Use, Sec. 23-2 - Regulation of dry sand areas


(c) The public at large, including the residents and visitors of the County, shall not utilize a 15-foot buffer zone located seaward from the toe of the dune or from any permanent habitable structure owned by a private entity that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward, except as is necessary to utilize an existing or future public beach access point for ingress and egress to the beach. The foregoing buffer zone requirement shall not apply to the Walton County Sheriff's Office, the Walton County Tourist Development Council, the South Walton Fire District, and other emergency providers.


(d) The following are the sole uses permitted for members of the public on the dry sand areas of the beach that are owned by private entities: traversing the beach; sitting on the sand, in a beach chair, or on a beach towel or blanket; using a beach umbrella that is seven feet or less in diameter; sunbathing; picnicking; fishing; swimming or surfing off the beach; placement of surfing or fishing equipment; and building sand creations.


(e) The following are specifically prohibited for members of the public on the dry sand areas of the beach that are owned by private entities: use of tobacco; possession of animals; erection or use of tents.


A link to the entire chapter follows: Municode Library

 

[FloridaBeachBum]

My post about tents, umbrellas and buffer zone was in reference to the Chapter 23 of the Walton County Land Development Code, which deals specifically with customary use and reads in part:
Chapter 23 - Customary Use, Sec. 23-2 - Regulation of dry sand areas
(c) The public at large, including the residents and visitors of the County, shall not utilize a 15-foot buffer zone located seaward from the toe of the dune or from any permanent habitable structure owned by a private entity that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward, except as is necessary to utilize an existing or future public beach access point for ingress and egress to the beach. The foregoing buffer zone requirement shall not apply to the Walton County Sheriff's Office, the Walton County Tourist Development Council, the South Walton Fire District, and other emergency providers.
(d) The following are the sole uses permitted for members of the public on the dry sand areas of the beach that are owned by private entities: traversing the beach; sitting on the sand, in a beach chair, or on a beach towel or blanket; using a beach umbrella that is seven feet or less in diameter; sunbathing; picnicking; fishing; swimming or surfing off the beach; placement of surfing or fishing equipment; and building sand creations.
(e) The following are specifically prohibited for members of the public on the dry sand areas of the beach that are owned by private entities: use of tobacco; possession of animals; erection or use of tents.
A link to the entire chapter follows: Municode Library

Good to know. You left off; (f) Activities on the beach are governed by the beach activities ordinance
I'm amazed the code and ordinance don't match. Not. Wonder which prevails? I'm guessing the Sheriff has the duty to enforce the ordinance - unless he chooses not to like he has in the past. I will say Deputies I've met are great and the BCC and Sheriff put them between a rock and a hard place to do their duty to enforce all laws or do what County leadership deem expedient.

 

[miznotebook]

The original form of the ordinance was different. A Customary Use Ordinance Committee composed of beachfront and nonbeachfront owners was appointed to review the ordinance, find common ground, and suggest revisions. The committee recommendations narrowed down allowable activities for customary use. The revisions were approved in March 2017, and the revised form of the ordinance was incorporated into county code.

 

[FloridaBeachBum]

The original form of the ordinance was different. A Customary Use Ordinance Committee composed of beachfront and nonbeachfront owners was appointed to review the ordinance, find common ground, and suggest revisions. The committee recommendations narrowed down allowable activities for customary use. The revisions were approved in March 2017, and the revised form of the ordinance was incorporated into county code.

Walton Beach Activity Ordinance 2018-01 is dated January 8, 2018.
Beach Ordinances | Walton County, FL - Home Page

I watched every hour of the Customary Use Ordinance Committee and the BCC rejected more recommendations than the BCC accepted as I recall.

 

[miznotebook]

I meant the Customary Use Ordinance, not the Beach Activities Ordinance. Did not watch all the committee meetings, so will defer to you on that.

 

[FloridaBeachBum]

I meant the Customary Use Ordinance, not the Beach Activities Ordinance. Did not watch all the committee meetings, so will defer to you on that.

So the public can have a 10x10 foot tent canopy (ordinance 2018-01) on public beach property BUT the public can only have a 7x7 foot beach umbrella on customary use (ordinance 2017-10) of unmarked private property. Only Walton 50% public beach areas are marked, for the for profit vendors. Private property owners can have have any size tent or umbrella the owner wants on their property; as is the owner's right. Not confusing, easily enforceable, and will make everyone happy. Typical BCC ineptness.
Maybe mark the 6+ miles of Walton public beaches and all the rest is private property. Then spend some of that $20,000,000 annual TDC tax money to educate the public and enforce the all the activity ordinances all the time.

 

[Kaydence]

And those public beaches look gorgeous. I drove along Front Beach Road today for miles along the West End thought how fortunate those people are to not have to deal with a bunch of rich, old angry get-out-of-my-yarders when they just want to go to the beach.

Let them traipse across the Comacho Estate, pi$$ in the yard, set up their tents, boom boxes, grills and kegs, leave their trash and lets see who qualifies as a "rich, old, angry, get-out-of-my-yarder" when they just wanna party and have a good time.

 

[FactorFiction]

For starters, it is not at all clear that the Governor will sign HB631. Even if he does, I know this is hard to believe, but I don't think it will be the doomsday that everyone keeps predicting. Sure, there will be some owners/entities who will enforce their boundaries, but I just don't see the beach going "private". What I can see is owners having the right (and exercising it) to ask people not to do certain things on the dry sand and MAYBE getting some assistance. If people will just genuinely follow the customary use SOLE USES and stop trying to find loopholes and/or be agitators, I bet a lot of the beach will go back to how it has been for many years. Net, net, just be respectful. Go to the beach, take the minimal "stuff" you need, use a simple chair and traditional umbrella 7 feet in diameter or less. Leave no trace that you've been there.....no holes, no cigarette butts, no trash or food. Stay away from/out of the dunes, don't throw balls, frisbees, etc. around other people or the dunes. Be courteous. Be a good guest and I'm betting that most of the beach will be good. By the way, if the Governor vetoes the Bill, still be a good neighbor and a good guest. It benefits everyone on the beach. Oh, and don't forget that there are 50ish NEIGHBORHOOD ACCESSES AND 7 (to be 10 when 3 new ones are complete) REGIONAL ACCESSES. We are also fortunate to have miles of STATE PARK BEACHES that are open to the public. REMINDER: The state of Florida GUARANTEES the right to traverse the shoreline.