Destin Public Beach vs Private Beach question (Fort Walton Beach: rentals, condos)

[gvsteve]

Just got back from an outstanding vacation in Destin last week! Beautiful weather, beautiful beaches, clean town. Great place to bring your family. Just had one thing. . .

Early the first morning at sunrise my family and I walked to one of the things labeled "PUBLIC BEACH ACCESS" - which said "This is a public park open from X time AM to Y time PM," and we pulled our wagon full of stuff out and set up an umbrella. We start playing in the water, and shortly, somoene comes along with a drill, puts signs up all around our stuff that say along the lines of 'Private beach, don't trespass or we will call the police on you.' Then he starts setting up a row of rental beach umbrellas and chairs.

I politely ask the guy why the sign says "PUBLIC BEACH ACCESS" and "PUBLIC PARK" if it's actually a private beach. He says it's definitely a private beach, but that he'll look the other way since we were already out there, and that it's his first day so he doesn't know all the reasoning. (I think he made that last part up. . .)

So that night I look around online and find a forum where someone claims that the public beach exists only 20 feet up from the high water line.

We eventually find another beach, also marked PUBLIC BEACH ACCESS and PUBLIC PARK, but that doesn't have all the "PRIVATE BEACH NO TRESPASSING" signs. And we walked a bit further to get to that beach for the rest of the week.

But the situation is really unclear, especially for first time visitors.

1. What is actually public beach - is it really just 20 feet up from the high water line?
2. Are people allowed to set up a long, tightly spaced row of rental umbrellas (almost none being used) within the 20 feet area above the high water line? Because if so this takes up nearly all the public beach!
3. Do the police ever come by to check that people aren't setting up No Trespassing signs on public beach? They had these immediately on both sides of the public access walk-in area within a foot or two of the high water line.
4. If the public park really only exists within 20 feet of the high water line, the "Public Park" signs with the rules really need to explain this.

[chickenoodle99]

If you get there before those people they will set up around you and he can't make you leave. He is full of crap. To get away from all that nonsense I would suggest paying for a pass from Henderson beach, right across from Walmart. Those chair companies are ridiculous and awful.

[GreggT]

Chicken noodle is sort of correct. Probably where you set up is a privately owned beach area in front of a motel or condo and then leased by a beach service company. These beach service companies pay big bucks to lease these areas.
Actually the public beach area is 20' up from the high tide mark or ECL (Erosion Control Line where the beach has been renourished by tax payer funds)see:
Sand for the People:
And
Private property rights often collide with public use of coastline - News - Northwest Florida Daily News - Fort Walton Beach, FL
The area that Destin is in can only use 50% of the beach front, a tourist can set up in the other 50% or set up on the 20' in front of the chairs. If the beach service company gives you any problem, ask them to call Code Enforcement.
In Bay county (PCB area) it was determined the ECL was 30' feet from the high tide mark, anyone can set up in that area also.
To sum it up, most beach areas in Florida are privately owned and yes they can restrict usage however NOT in areas between the water and the county established ECL.

[gvsteve]

Originally Posted by GreggT

Chicken noodle is sort of correct. Probably where you set up is a privately owned beach area in front of a motel or condo and then leased by a beach service company. These beach service companies pay big bucks to lease these areas.
Actually the public beach area is 20' up from the high tide mark or ECL (Erosion Control Line where the beach has been renourished by tax payer funds)see:
Sand for the People:
And
Private property rights often collide with public use of coastline - News - Northwest Florida Daily News - Fort Walton Beach, FL
The area that Destin is in can only use 50% of the beach front, a tourist can set up in the other 50% or set up on the 20' in front of the chairs. If the beach service company gives you any problem, ask them to call Code Enforcement.
In Bay county (PCB area) it was determined the ECL was 30' feet from the high tide mark, anyone can set up in that area also.
To sum it up, most beach areas in Florida are privately owned and yes they can restrict usage however NOT in areas between the water and the county established ECL.

At the very least these "PUBLIC BEACH ACCESS" signs need to be changed to say that the majority of the sand you're seeing behind that sign is not actually public beach.
This is a serious black mark on an otherwise awesome vacation town. I've been to dozens of beaches, many in Florida, and I've never had any such confusion about where you're allowed to be on the beach.

Are these companies legally allowed to set up long lines of (unused) rental chairs/umbrellas all down that 20 foot wide stretch of public beach - taking up most of the space in that 20 feet? I don't exactly want to set up my blanket in the wet sand in front of those rentals, and if I sit behind, they block my view of the water.

[chickenoodle99]

Originally Posted by gvsteve

At the very least these "PUBLIC BEACH ACCESS" signs need to be changed to say that the majority of the sand you're seeing behind that sign is not actually public beach.
This is a serious black mark on an otherwise awesome vacation town. I've been to dozens of beaches, many in Florida, and I've never had any such confusion about where you're allowed to be on the beach.

Are these companies legally allowed to set up long lines of (unused) rental chairs/umbrellas all down that 20 foot wide stretch of public beach - taking up most of the space in that 20 feet? I don't exactly want to set up my blanket in the wet sand in front of those rentals, and if I sit behind, they block my view of the water.

It's crap, we fight it all the time as locals but city gov is very corrupt here, they're all too busy helping line the pockets of investors like Peter Bos and don't really care about the people who live here year round. Same thing with the infrastructure. We simply do not have the roads to handle the amount of tourism we get yet they're still busy building more condos. Our population is around 13,000. We don't even have a high school we're so small. You just have to set up before them, for now it's the only way around it.

[gvsteve]

Originally Posted by chickenoodle99

It's crap, we fight it all the time as locals but city gov is very corrupt here, they're all too busy helping line the pockets of investors like Peter Bos and don't really care about the people who live here year round. Same thing with the infrastructure. We simply do not have the roads to handle the amount of tourism we get yet they're still busy building more condos. Our population is around 13,000. We don't even have a high school we're so small. You just have to set up before them, for now it's the only way around it.

Gotcha. Thanks for filling me in.

For posterity's sake here's what I'm talking about, immediately next to the public beach access walkway and immediately at the water's edge:

[jghorton]

We've lived right on the beach in other parts of Florida and never run into the nonsense with empty beach chairs occupying all the prime space; ... and the public/private beach conflict.

When we have gone, I've had little compunction about moving chairs/umbrellas out of the way -- with little push-back. But, it does set-up an unnecessary conflict situation that shouldn't be imposed on beach-goers.

We live full-time in Destin now and the only thing that keeps this from being more of an issue is, we're getting older and don't spend as much time on the beach. There are fully public beaches, such as Henderson and Beasely, where the beach chair/umbrella thing isn't an issue. Otherwise, these concessions should NOT be allowed to block beach space with empty chairs and umbrellas.

[GreggT]

Originally Posted by gvsteve

At the very least these "PUBLIC BEACH ACCESS" signs need to be changed to say that the majority of the sand you're seeing behind that sign is not actually public beach.
This is a serious black mark on an otherwise awesome vacation town. I've been to dozens of beaches, many in Florida, and I've never had any such confusion about where you're allowed to be on the beach.

Are these companies legally allowed to set up long lines of (unused) rental chairs/umbrellas all down that 20 foot wide stretch of public beach - taking up most of the space in that 20 feet? I don't exactly want to set up my blanket in the wet sand in front of those rentals, and if I sit behind, they block my view of the water.

These people pay millions to own beach front property, the beach service companies pay tens of thousands of dollars to lease the property for the purpose of setting up chairs for rent.
So in your mind the occasional tourist trumps property rights for usage. Guess that means I can come into your house and yard, watch your TV and raid your refrigerator, you are located along a public street, why not??
You have the right to access the beach at these public access areas and the 20' between the high water make and the ECL. If you think this is all unfair, buy your own beach front property!

[slduvall]

I would recommend Henderson Park as well, avoid all the conflict. As a former chair and umbrella vendor (32 years ago!) I have seen the problem get much worse, as more condos have gone in. As stated above, the beach vendors pay the "owners" a lot of money to set up.

I would also recommend staying away from the places where there are a bunch of condos together. For instance right at the end of Henderson, near the Back porch. Sure there is parking, but you share the tiny space with at least 8 different buildings that run all the way up to hwy 98. The "public" strip is so tiny. I just laugh when I walk by while at Henderson. There is so much beach you just need to find it. If you don't want to pay to park at Henderson, find a place with parking nearer to houses. Those sections are less likely to have vendors.

The whole issue will never be resolved, as the beach is constantly changing. The definition of beach front is determined by the "mean water line" which is in flux. It is even worse over in South Walton, not as many condos, but many homeowners who have a $$$ stake in waterfront property. It is a constant battle.

The key to beach going....early, early early. We are parked by 0830 or earlier, ready to go by 1130, could sell our great spots! Then off to lunch, while everyone else is dragging all their stuff to the beach from far away parking.

[gvsteve]

Originally Posted by GreggT

These people pay millions to own beach front property, the beach service companies pay tens of thousands of dollars to lease the property for the purpose of setting up chairs for rent.
So in your mind the occasional tourist trumps property rights for usage. Guess that means I can come into your house and yard, watch your TV and raid your refrigerator, you are located along a public street, why not??
You have the right to access the beach at these public access areas and the 20' between the high water make and the ECL. If you think this is all unfair, buy your own beach front property!

You've got me all wrong.I don't want to step on your private beach. I want to know where your private beach really is, and where it isn't, so I can avoid it! There is no way for the average first-time tourist who walks into a "PUBLIC BEACH ACCESS" to know about this 20-foot rule unless they ask random people on the Internet.

These property owners need to be fined for setting up "No Trespassing" signs in public parks, as is shown in my picture above.