Battle Over Beach Access in Florida
A visitor enjoys the boardwalk at Ed Walline Regional Beach Access in Santa Rosa Beach, Florida. This area of the Gulf Coast has become a focal point in the dispute between private property rights and public beach access.
Walton County, with its 26 miles of shoreline, is home to upscale communities such as Seaside, WaterColor, and Alys Beach along Scenic Highway 30A. Known for its clear emerald waters and soft white sand, this region is also central to a prolonged battle over property boundaries and public access to the beaches.
This conflict has lasted over a decade, involving attempts by the county to maintain open access, fluctuation of state laws, and landowner lawsuits. Beachgoers now face a confusing mix of accessible areas. As this issue spreads to more coastal communities, Florida’s residents are considering a constitutional amendment to resolve the matter permanently.
“Our beaches should be public,” states Dave Rauschkolb, founder of Florida Beaches for All, a nonprofit advocating for open beaches. Rauschkolb is also the owner of Bud & Alley’s restaurant in Seaside.
He explains that on crowded days, public areas between private properties become tightly packed. Security guards hired by adjacent landowners are stationed to prevent people from encroaching on private beaches. Rauschkolb argues for the freedom to walk and set up anywhere on the beach.
However, homeowners like Eric Wilhelm, who splits his time between Georgia and his beach house in Florida, feel that public access infringes on their property rights. Wilhelm emphasizes the importance of property ownership in maintaining freedom. He recounts incidents where beachgoers have trespassed onto his property and disrupted his private space.
Wilhelm is among the property owners who have contested Walton County’s customary-use ordinance. This ordinance declared public usage rights based on historical recreational use of the beaches. Some homeowners, including former Arkansas Governor Mike Huckabee, opposed this, leading to a 2018 Florida law requiring the county to justify customary use in court. Attorney Kent Safriet, representing multiple property owners, argues that customary use violates the Fifth Amendment.
Although the controversial law was repealed in 2018, Walton County had already settled with many landowners. The ongoing legal ambiguity leaves Walton County Sheriff Michael Adkinson Jr. and his deputies in a challenging position. Adkinson reports receiving numerous calls regarding beach disputes. However, deputies are not equipped to determine property boundaries, so their role has mainly been to deescalate conflicts rather than make arrests.
Brian Littrell of the Backstreet Boys has taken legal action, suing the sheriff and claiming that insufficient enforcement of property laws contributes to the problem. He has also filed suits against individuals over trespassing, igniting further tensions.
Beach activist Sara Day points out the high-tide line, emphasizing that beachgoers must stay seaward of this public boundary. To aid the public, she developed an app called Shoreline Defender. The app helps users find permissible areas without encouraging trespassing.
Day explains that concessions allowed by the county to rent beach equipment along the waterline complicate the issue further. Her app provides guidance but cannot fully mitigate the growing conflicts.
With similar disputes arising elsewhere in Florida, there is movement for a statewide constitutional amendment. Real estate agent Linda Miller underscores the need for more public beach preservation, especially with increased population and tourism.
While some private landowners suggest beach-share programs in return for tax benefits, no agreement with the county has been established. Beach renourishment projects could create new public spaces, but advocates like Rauschkolb argue that only a constitutional amendment guaranteeing public beach access can provide a lasting solution.