By DOTTY NIST
A Sept. 3 meeting held to take public input on construction easements for the Walton County Hurricane and Storm Damage Reduction (beach nourishment) Project was well attended and lively, with many beachfront property owners present.
This had previously been billed as a special meeting, but Walton County Board of County Commissioners (BCC) Chairman Bill Chapman clarified that it was a workshop. The workshop, attended by all five county commissioners, took place at the South Walton Annex. Walton County beach management consultant Brad Pickel and representatives of the U.S. Army Corps of Engineers (ACOE) were present as well.
Walton County Tourist Development Council (TDC) Executive Director Jim Bagby led the meeting.
Signed easements will be necessary for Walton County’s contractors to go onto private property in order to access the beach and to construct portions of this federal project. The easements are to be sent to approximately 978 beachfront property owners in the project area. They are voluntary.
At the workshop, potential impacts on property rights in connection with the project continued to be a concern for beachfront owners.
The Florida Constitution claims beaches seaward of the mean high water line (MHWL) as state sovereignty property “in trust for all the people.”
The mean high water line established in connection with large-scale beach nourishment projects is known as the erosion control line (ECL). The ECL becomes the boundary separating upland property from state sovereignty lands reclaimed through the addition of sand.
Despite, or perhaps due to, the state’s existing Constitutional claim on beaches seaward of the MHWL for the public, some beachfront property owners who may be intent on excluding beachgoers from the coastline adjoining their property, have expressed reluctance to consider consenting to the creation of additional beach seaward of the MHWL by means of beach nourishment.
In outlining recent revisions to the easement language, Pickel noted that, in contrast with previous easement versions, the current easements are not perpetual but effective only until the project is terminated by the county.
However, this is a 50-year project providing for a number of successive renourishments.
Among other issues addressed by Pickel was whether existing seawalls would be disturbed by the project. They would not, he emphasized.
“We’re going to be building in front of them, not taking them out,” Pickel said.
He also spoke to concerns that the project could reduce property values, saying that he was unaware of any property value decrease on beachfront property that had been nourished in the past. This includes approximately five miles of beachfront on the west end of Walton County that was restored in the county’s first beach nourishment project, which was concluded in 2007.
According to plans, the new project will encompass most non-state park beachfront areas, although more sand will be needed in some area than others. Plans are for sand to be placed both landward and seaward of the ECL.
Pickel told attendees that there would be an effort to save as much vegetation as possible, but that dune vegetation would also be installed upon the completion of the project.
He admitted that reconstruction of some boardwalks would be necessary and told attendees that this would be the responsibility of property owners.
Regarding sand quality, Pickel said the source would be the same offshore source that was used for the West Destin/Holiday Isle beach nourishment project. The sand should match with existing beach, he said, not initially but once it has sat on the beach for a period of time.
Eighteen attendees addressed the commissioners, all at least somewhat critical, although several speakers did say that they were keeping an open mind.
Blue Mountain Beach homeowner Linda Hildreth was the first to comment. “It still takes away my private beach,” she said of the project. Hildreth also anticipated that the creation of more public beach would increase tourism, further crowding roads and making it more difficult to get a restaurant reservation.
“This is about doubling the size of the industry,” Lisa Boushy charged. She added that some people view the creation of more public beach as “a land grab.”
Representing Alys Beach, Jason White expressed concern about the quality of the sand to be added through the project and was also critical of the project design, which calls for the construction of a dune larger than the one built in the previous beach nourishment project on the west end.
White asserted that the design of the project would actually reduce the usable area of the beach due to the size of the dune being built. He added that Alys Beach would not be signing an easement because it would require giving up “too many of our rights.”
The ACOE later responded that the project design and amount of sand to be be placed had been determined to be what would provide hurricane and storm damage protection and economically justify the project.
Speaking to the commissioners, Blue Mountain Beach homeowner Emmett Hildreth first clarified a remark that he had made at the Aug. 12 BCC regular meeting, when commenting on the easement language.
“I did not intend… or call anyone… on the board a socialist,” he said.
Hildreth observed that the purpose of the meeting was to discuss what the easement documents are and their merits, and that at present the BCC had not voted up or down on the proposed easements.
Hildreth called the proposed easements “by definition socialism.” “This instrument is hostile toward private property rights,” he complained.
Beachfront property owner Sharon Higgins was worried that there might be toxicity from the oil spill in the sand to be used in the project. She also said that she regularly informed beachgoers arriving near her home about the county’s beach ordinances, and she was concerned that she would no longer be able to do so once the project was constructed.
Blue Mountain Beach homeowner Sherry Chase warned that the project would keep people wanting a seawall from building one—and that the easement language would be challenged legally “when it comes to seawall armoring.” She added that she did not want to have to rebuild her dune walkover and charged that the easement language did not say that Walton County would revegetate the dunes after completion of the project.
“This is not in any way storm protection,” charged Suzanne Harris of Edgewater Beach Condominium. She added that she did not want tourists coming to the beach in front of her home from north of Scenic Gulf Drive and CR-30A.
Pickel countered that many national studies have shown that areas with wide beaches and dunes have been better protected from storms. Over 300 miles of Florida beaches have been restored and maintained with beach nourishment projects, he said, and millions of dollars are being spent all over the country for similar projects, including in the northeast in response to Hurricane Sandy.
Charles Booth of the homeowners’ association for Walton Dunes observed that dunes south of those homeowners’ property already exceed the size of the dune to be constructed in the project. He asked what incentive the association would have to sign an easement.
Russell Blount, real estate specialist for the ACOE, responded that by participating in the federal hurricane and storm damage reduction project, the homeowners would be eligible to have their beachfront area restored in the event of future storm impacts.
Walton Dunes homeowner and homeowners’ association president Kristen Nostrand asked how property owners would be notified about the easements. She asked if nonresponse would be counted as approval.
Bagby replied that the easements documents would be sent out to beachfront property owners by certified mail and that the recipients would have the choice to sign and return them or not sign. Nonresponse would not be considered approval, he added.
With all public comments concluded, Chapman told attendees that the final easement language would be placed on the agenda for a future BCC meeting.
Information on the easements and the Walton County Hurricane and Storm Damage Reduction Project is available online at www.protectwaltoncountybeaches.com.
