Subject: PUBLIC VS. PRIVATE BEACHES INFORMATION > >As we work to keep you informed regarding issues impacting tourism in >Beaches of South Walton, we wanted to share the results of the Walton >County Commission Meeting. Last night the Board of County Commissioners >(BCC) heard options from the County Attorney, Mike Burke, regarding the >County's stance on the use of the dry sand portions of the beach. The >presentation was prefaced with the fact that Western Walton County >beaches are not affected by these decisions as those areas of beach are >under different guidelines due to the beach restoration project. As of >now, all beach south of the erosion control line are available for >public use. The Florida Supreme Court has heard this case and their >verdict will determine the future uses of these areas. > >As for other areas of the beach, excluding public beach accesses and >state parks, only the wet sand areas are available for public use. Since >Florida's doctrine of customary use is looked at on a case by base >analysis of the degree of ancient use, the following options were >presented to the BCC: >(1) Do nothing (In this scenario, the public could be asked to move or >be arrested; to determine the right to use the beach an individual, >group or association would have to sue the homeowner to claim the right >of customary use) >(2) Follow the Destin Process (Mike refers to as the "Light the Fuse" >option. In this scenario, the county would follow the process, including >fact finding, public hearings, etc. to develop an ordinance that >specifically details customary use of soft sand areas). >(3) File a class action lawsuit against each beach front homeowner to >establish customary use for all beaches along 30A (Mike refers to this >as the detonate the bomb option. Very costly and a long, legal battle) >(4) BCC seek voluntary easements for public use (In this scenario, >Walton County will approach all beachfront homeowners and ask that they >agree to allow public use of the beach and in turn receive ad valorem >tax advantages) > >The BCC agreed to investigate options #2 and #4. The TDC will continue >to remain engaged on this issue and will you appraised of future >developments.
