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SoWalSally

Beach Fanatic
Feb 19, 2005
649
49
By Gabriel Tynes

It?s only been 15 months since the Hildreths returned to their Blue Mountain Beach home after evacuating for Hurricane Dennis. No storm had ever breached the dunes, and since Dennis was originally forecasted to hit Alabama, the Hildreths weren?t expecting much damage. When they were allowed to return home July 11, Emmet Hildreth and his wife Linda, along with many other beachfront residents were in for a surprise.
A red tag on their front door proclaimed the structure as uninhabitable. The unprotected dune that used to be out front had become a sheer cliff, and their house was teetering on its edge. As close as two doors to their east, houses had crumbled over the cliff and onto the beach.
Not long after, in an effort to salvage nearly 300 coastal properties in similar situations, Walton County quickly issued permits for temporary seawall construction on beachfront homes. Contrary to statewide seawall construction protocol, homeowners with the temporary permits were allowed to apply for a permanent license from the Florida Department of Environmental Protection.
The Hildreths applied and were approved, and now their wall has been built. It is buried beneath more than two feet of sand sloping at the required angle and it?s covered with an organic mesh that supports 5,000 sea oats and a gaggle of other native plants. There is sand fencing at the base which is designed to encourage dune expansion.
The Hildreth?s wall meets and in some cases exceeds county and state requirements, so their application has been deemed ?complete? by the DEP. Still, they have not been granted the actual permanent permit and although their project is complete, it?s still in limbo.
Such is the quagmire that drove the Hildreths to create the Gulf Front Homeowners? Association Inc., and attend every public meeting where beach armament is in question. At some meetings, they?re allowed to speak only momentarily. At others, they?ve taken the podium for half an hour or more.
?You can talk for 30 seconds or 30 minutes,? Emmet Hildreth said. ?And people still don?t understand where you?re coming from.?
?They think it?s mainly about the beach,? Linda pointed out. ?But this is really an issue about the government wanting to get too involved in private property rights.?

After being primarily shut out of a debate regarding seawall encroachment at the Board of County Commissioners meeting Oct. 10, the Hildreths returned to the public arena two days later to fi ght a planning commission ordinance that suggested a change in the land development code.
For the record, the Hildreths seawall is not one of the nearly two dozen that was ?unknowingly? constructed on county property. For the record, the Hildreths admit they had never considered installing a wall before Dennis, but they believe it was the only way to save their home. The Hildreths prefer to call seawalls ?upland retaining walls,? a term they believe more appropriately describes the wall?s true function.
?We don?t often get the chance to tell our side of story,? Linda said, ?so people only hear the negative. They say walls will destroy the beach.
?But why do you think we live here?? She asked. ?Why do you think we bought this expensive property and pay these exorbitant taxes? It?s not because we want to destroy the beach.?
At the planning commission meeting Oct. 12, their argument was partially heard. This time, they may have made an impact.
The final item on the planning commission?s regular agenda was an amendment to the Walton County Land Development Code that would have mandated seawalls to be covered with at least 3 feet of sand and a more gradual slope. Furthermore, it included vague language that essentially would have required a second letter of county approval to be sent to the DEP, even if the applications were already ?complete? and waiting permanent status.
Emmet Hildreth disputed the amendment on three grounds and forced the planning commission to table the discussion until more information could be disseminated. Hildreth told the commission they lacked the right to force such regulations on private property.
?If you told everyone in DeFuniak Springs to plant roses in their yard would you expect them to do it?? he asked.
He admonished the commission?s attempted action as ?ex-posto facto,? and questioned the county?s legal authority to interject in DEP business.
?This county commission has said time and time again that it has no authority over construction in the Coastal Control Line,? Hildreth said, referring to an area under particular state scrutiny between the Gulf and upland structures. ?Still, here we are, making a proposal about what the county can do to trivialize the process. Our applications are complete and nowhere in the process were we ever told about a ?second letter? until tonight.?
Under pressure from county attorney David Hallman, the planning commission admitted the purpose of the amendment was to require a second letter, but planning commission director Pat Blackshear said it was actually a DEP condition and therefore a second letter ?may not be required.?
Later, Hallman said he ?wasn?t sure what the planning department was trying to do? with the amendment.
?I think there was a lot of confusion,? Hallman said of the issue, ?and ultimately because of that, the amendment was not approved.?
Hallman said he didn?t like to speculate on actions the BCC would have taken if the amendment had reached their agenda, ?but I think it is very clear we don?t have jurisdiction over the CCL,? he said.
Oddly, the amendment seemed to actually be a condition of the Florida Fish and Wildlife Commission, which according to the Hildreths has repeatedly attempted to delay beachfront property protection in order to preserve the habitats of endangered species.
Meanwhile, Emmet Hildreth pointed out that in spite of the current conditions, 20 sea turtles nested in Walton County this year, including four on Blue Mountain Beach. The total number is one nest more than last year, before the seawalls were even in place.
Such facts lead the Hildreths to ignore the testimony of the FWC. Emmet said he is also offended by the constant scrutiny of the South Walton Community Council, which he believes is the driving force behind numerous permitting delays.
But SWCC President Anita Page said her organization is simply a tool to provide citizens with information about local interests and issues, and has ?no affiliation with the FWS or DEP.?
?If Mr. Hildreth?s wall is within state guidelines and indeed is on his own property, we have no objections to it at all,? Page said.
Still, the Hildreths prefer the professional expertise of coastal engineers or marine scientists.
Brad Pickel, the Director of Beach Management for the Walton County Tourist Development Council, said that while seawall impacts tend to be site-specifi c, he doesn?t expect any immediate, dramatic changes in their effects on Walton County beaches.
?The true impact of a seawall is directly related to the time that is spent in contact with water,? Pickel said. ?As long as they?recovered, it?s not going to disturb the beach or the dunes.?
Pickel said seawall infrastructure similar to the Hildreths? can actually assist in natural dune and beach development.
?Just because the sand was trucked in on top of these walls doesn?t mean the beach or the dunes will act or react any differently,? Pickel said. ?Our beaches don?t erode every year, and outside of storm systems they actually grow. Covered seawalls aren?t going to change that.?
Linda Hildreth said that although she would like to think better of her neighbors, she believes sometimes the issue is driven by simple jealousy.
?The people who are fighting against our walls are often the people who live right across the street,? Linda said. ?You have to wonder whose side they would be on if they were in the same situation.?
 

bsmart

brain
Aug 19, 2005
1,390
6
43
Atlanta, GA.
First of all: Mr. Emmett Hildreth asks, “If you told everyone in DeFuniak Springs to plant roses in their yard would you expect them to do it?” The amendment in question is being pushed so that the quality of the beach and even the protection of other private properties are not compromised. This is a silly comparison here.


Second: The Hildreths claim the amendment in question is ex post facto--done or made after the fact--In most cases, ex post facto claims have merit only in criminal cases. The amendment, as I said above, is designed to preserve the quality of this place, so I think a court would allow it.

Third: "Meanwhile, Emmet Hildreth pointed out that in spite of the current conditions, 20 sea turtles nested in Walton County this year, including four on Blue Mountain Beach. The total number is one nest more than last year, before the seawalls were even in place.Such facts lead the Hildreths to ignore the testimony of the FWC. Emmet said he is also offended by the constant scrutiny of the South Walton Community Council, which he believes is the driving force behind numerous permitting delays." You have to go way back before the recent storms to use this statistic as convincing Mr. Hildreth. 2005 was a stormy one, and this was also on the heels of Ivan in 2004. Erosion from storms do effect nesting patterns and to say that ONE more nest in 2006, as compared to a year like 2005, is a sign that what property owners are doing on these beaches has seemingly NO effect on the wildlife such as seaturtles, is fallacious. But then again, we can also assume that the storms were and are the cause of a change in nesting patterns.

I will commend the Hildreths on being among some of the few who did it right though--following appropriate permit procedure and using native vegetation and dune fencing to promote the strength of the primary dune line.
 
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BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,355
401
I believe this article supports some of the things I've been suggesting on this board. I don't feel so "all alone" after reading it.

In addition, I get the distinct feeling that the county is in a "scramble mode" regarding covering of the walls with sand. But why? Who is pressuring them?

According to a message I received from the Florida Fish and Wildlife office in Panama City, there was no requirement to place sand in front of the retaining walls, period.

Now the county is trying to dictate a "new requirement". Apparently they are out of their jurisdiction. From personal experience (and most here should agree), the county does not necessarily always do the "right thing".

Regarding South Walton Community Council (SWCC), I believe they have good intentions. BUT they appear to be over-zealous when it comes to the retaining wall issue... to the point where they sometimes unnecessarily inflict harm on our neighbors even when things are done within the scope of the law. A side item...I believe the Blue Mountain Beach Community Association (BMBCA) is nothing but an incestuous extension of the same organization.

Let the games begin (not to trivialize the situation with the word "games").
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
...
In addition, I get the distinct feeling that the county is in a "scramble mode" regarding covering of the walls with sand. But why? Who is pressuring them?

According to a message I received from the Florida Fish and Wildlife office in Panama City, there was no requirement to place sand in front of the retaining walls, period.

Now the county is trying to dictate a "new requirement". Apparently they are out of their jurisdiction. From personal experience (and most here should agree), the county does not necessarily always do the "right thing".
...
I attended the Sand Meeting held by the BCC (Board of County Commissioners), in which they gave specific requirements of both color of sand and the slope of which it needed to be. Many homeowners, some on this board, chose to adhere to the BCC's rulings regarding sand. However, others did not. I can quickly walk to and photograph plenty of examples of each, those who went by the ruling, and those who chose to take the cheap way out, thereby disregarding the ruling of the BCC. By the way, this "new requirement" took place well before the black sand was dumped on the public beach and private properties by homeowners at Montgomery Street in Seagrove.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,355
401
bsmart, your post reminds of an old saying that sort of goes like this...
"If you're young and are NOT a socialist, you don't have a heart. When you're older and ARE a socialist, you don't have a brain."

First of all: Mr. Emmett Hildreth asks, ?If you told everyone in DeFuniak Springs to plant roses in their yard would you expect them to do it?? The amendment in question is being pushed so that the quality of the beach and even the protection of other private properties are not compromised. This is a silly comparison here.

You've completely missed the title of the article and Emmett's point...private property rights. There really is not that much difference between "requiring" roses in DeFuniak and requiring sand on an "upland" retaining wall. It's still a private property rights issue.

Second: The Hildreths claim the amendment in question is ex post facto--done or made after the fact--In most cases, ex post facto claims have merit only in criminal cases. The amendment, as I said above, is designed to preserve the quality of this place, so I think a court would allow it.
You keep using the word "quality". If we paint our gulf front building some awful flourescent flaming pink orange color and you think the "quality" of the beach has been lessened, should the county have the right to tell me to change the color?

The point is who is determining what "quality" is?

Also who has the RIGHT to determine what "quality" is?

Third: "Meanwhile, Emmet Hildreth pointed out that in spite of the current conditions, 20 sea turtles nested in Walton County this year, including four on Blue Mountain Beach. The total number is one nest more than last year, before the seawalls were even in place.Such facts lead the Hildreths to ignore the testimony of the FWC.
So now if there's "testimony" on any particular subject and the FACTS don't necessarily support the testimony, then I guess what you're trying to say is, "We should all ignore FACTS and base our opinions solely on testimony."[/QUOTE]

Emmet said he is also offended by the constant scrutiny of the South Walton Community Council, which he believes is the driving force behind numerous permitting delays." You have to go way back before the recent storms to use this statistic as convincing Mr. Hildreth. 2005 was a stormy one, and this was also on the heels of Ivan in 2004. Erosion from storms do effect nesting patterns and to say that ONE more nest in 2006, as compared to a year like 2005, is a sign that what property owners are doing on these beaches has seemingly NO effect on the wildlife such as seaturtles, is fallacious.
I don't understand what you're getting at here. Why is it "fallacious"? We've been smacked with more hurricanes than anytime during recent history.

Take a look at these numbers. From 2005 to 2003 I calculated the % drop of loggerhead nests for each county starting at Walton west to Escambia (at the Alabama border).


Escambia..... 47 to 23 or 49% as many nests
Santa Rosa....09 to 03 or 33% as many nests
Okaloosa..... 26 to 15 or 58% as many nests
Walton....... 44 to 27 or 61% as many nests


Take a look at http://research.myfwc.com/features/view_article.asp?id=7443 for the source.

So in 2006 the number of nests dropped to 20 in Walton County according to the local turtle watch group. Surely Ivan and Dennis had something to do with this and the rest of the drops. I don't think one can say with any CERTAINTY that the retaining walls DIRECTLY contributed to the decline in turtle nests. That was Emmett's point.

It will be interesting to see the other 2006 numbers for the other counties roll into Fish & Wildlife. In reality, we'll need to wait another year or two before we can begin to get a picture of whether the walls are truly interfering.

I will commend the Hildreths on being among some of the few who did it right though--following appropriate permit procedure and using native vegetation and dune fencing to promote the strength of the primary dune line.
You use the word "few" implying that "most" are not done right. By what standards? Your standards? Because sand or no sand was placed in front of the wall? Sea oats? Roses? ;-)

Again, Emmett's main point was that the county does not have jurisdiction in this area. Apparently the county attorney agreed.

Read this very carefully from the original article:
....Hallman said he didn?t like to speculate on actions the BCC would have taken if the amendment had reached their agenda, ?but I think it is very clear we don?t have jurisdiction over the CCL,? he said.

Yes there are walls installed "illegally". I won't defend them necessarily but I do UNDERSTAND why they did it and I won't outright criticize them for it.

Regarding your comment re the "strength of the primary dune line". That sounds good and all. I beg you to find one instance where sea oats and wind fencing protected a property from Ivan and Dennis. I really wish they did.

Neighbors that had a well established sea oat plantation lost basically the SAME amount of dune as those that did not. That is just a factual observation. Sea oats will provide a degree of protection against tropical storms once they are well established but not against Opals, Ivans or Dennises. Sea oats and sand fences do look beachy though.;-)
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,355
401
I attended the Sand Meeting held by the BCC (Board of County Commissioners), in which they gave specific requirements of both color of sand and the slope of which it needed to be. Many homeowners, some on this board, chose to adhere to the BCC's rulings regarding sand. However, others did not. I can quickly walk to and photograph plenty of examples of each, those who went by the ruling, and those who chose to take the cheap way out, thereby disregarding the ruling of the BCC. By the way, this "new requirement" took place well before the black sand was dumped on the public beach and private properties by homeowners at Montgomery Street in Seagrove.

SJ,
Boy the county really did the right thing with the original sand color, didn't they? Sorry...unrelated.

I don't need no stinkin' rules to tell me that dumping dark sand on the beach is "bad for business". I didn't do it. I won't defend it. I'm dismayed by anyone who did it. Nobody in our area did it as far as I can see.

BUT since you brought up "black sand" that was "dumped on the public beach" at Montgomery Street, let me ask you this directly (I've asked others in the past as I have no idea). Was this "black sand" a result of addtional
sand trucked to the beach or was it because it was excavated in order to bury and fill the geotubes (assuming we're talking about the geotube area)?

You or someone else help me out here... If County Attorney David Hallman says Walton County has no real jurisdiction beyond the CCCL, why would they have jurisdiction over the sand color placed on the beach - especially on private property?

Just a thought.
 

bsmart

brain
Aug 19, 2005
1,390
6
43
Atlanta, GA.
.

What I am trying to get at here is there is really no such thing as "private property," especially when one's actions on his or her property can effect the level of satisfaction that another gets out of his or her own property. This is an especially grey area in coastal zones. True the county has no jurisdiction in this exact area--the CCL. But, the CCL isn't some concrete line which runs the whole coastline from county line to county line. What property owners do in and around this line has far reaching effects.
 
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bsmart

brain
Aug 19, 2005
1,390
6
43
Atlanta, GA.
Oh and in terms of quality I do believe in aesthetics regulations. So depending on the situation I do think the county ought to have the right to tell one what color they CANNOT paint their Gulf front house but not what they SHOULD paint their Gulf front house.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
...
BUT since you brought up "black sand" that was "dumped on the public beach" at Montgomery Street, let me ask you this directly (I've asked others in the past as I have no idea). Was this "black sand" a result of addtional
sand trucked to the beach or was it because it was excavated in order to bury and fill the geotubes (assuming we're talking about the geotube area)?

You or someone else help me out here... If County Attorney David Hallman says Walton County has no real jurisdiction beyond the CCCL, why would they have jurisdiction over the sand color placed on the beach - especially on private property?

Just a thought.
The dark "sand" to which I refer was dumped by dump trucks from the property owners back yards. The black Peet stained sand which was dug on the public beach was not trucked in, however, it was not on private property, though that didn't stop the contractor, nor the homeowners from churning it up.

To your second question, I don't know any reason why they should have control over that. You raise a good question, and I somewhat understand your position. In the past, it has been said that that the beaches bring in tourists, ie- tax revenue to the County. The sand placed on the private property will eventually end up on the beach, so I guess the County wants to assume power over that property since it will directly affect its pocket book. In many circumstances, it isn't like the County really gives a crap about private landowners. (Ask me about a road which was recently built on 1/3 of my personal property, when the adjacent property on the other side of mine, is deeded as a roadway, even though there is no road on it. -- Lack of doing a survey. :bang: The only road built is on my property. :dunno: ) In summary, there are many cases where the Gov't acts on its own behalf. I sometimes see County Attorney, Mr Hallman, cringe when a Commissioner says some things. Nothing in particular, but you can see the oh-my-god expression.
 
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Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
Oh and in terms of quality I do believe in aesthetics regulations. So depending on the situation I do think the county ought to have the right to tell one what color they CANNOT paint their Gulf front house but not what they SHOULD paint their Gulf front house.

I completely disagree with the bold text above. The Gov't has no right to control the color anyone's home. If you chose to live in a Community with C & R's dictating color choices, it is a choice you made, but once Gov't steps in to control that, you will see my @ss either starting a revolution or moving to a place where Gov't does not rule my freedom of choice. ;-)
 
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