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On September 8, Walton County Board of County Commissioners will meet to address customary use and affirm the existence of customary use on all beaches. The meeting begins at 9am. Official notice:
NOTICE OF PUBLIC HEARING TO ADOPT A FORMAL NOTICE OF INTENT TO AFFIRM THE EXISTENCE OF RECREATIONAL CUSTOMARY USES ON PRIVATE PROPERTY
The Walton County Board of County Commissioners proposes to adopt a formal Notice of Intent to affirm the existence of recreational customary uses on beachfront property in Walton County, Florida.
You are hereby notified that a Public Hearing on the Notice of Intent will be held on September 8, 2018, beginning at 9:00 a.m., or as soon as possible to that time, at the South Walton High School located at 645 Greenway Trail, Santa Rosa Beach, Florida.
This public meeting regarding Walton County's intent to move forward with the customary use ordinance is the first step required by the State of Florida's legislation that went into effect July 1. There will be a large crowd for the public hearing so arrive as early as possible. The public will be given the chance to speak at the hearing.
SUBMIT AFFIDAVIT & PHOTOS BY SEPTEMBER 8
Walton County is requesting that members of the public submit a notarized affidavit and/or photos showing evidence of customary use of yourself, your family or others on South Walton beaches during previous visits (prior to July 1). Locals, second homeowners, visitors and everyone who has visited our beaches can participate in this important process. The deadline is September 8 when the Walton County Board of County Commissioners will have a public hearing to affirm customary use and draft an ordinance.
We need every affidavit, so if you've ever set foot on the Beaches of South Walton and are over 18, please submit your affidavit. Locations and instructions below. It only takes a few minutes to submit an affidavit, email photos, or both actions. Take a stand in the sand and help us regain our Customary Use of all beaches once and for all.
Walton County Website: homepage includes Customary Use affidavit instructions and info
Visit these Walton County offices where you can pick up an affidavit, have it notarized for free, and submit. Bring your driver's license/ID:
Many local businesses are also hosting affidavit events where you can fill out the paperwork, have it notarized and leave it for submission by the event organizers. Follow the conversation for the latest information and updates at SoWal Community Forums - Local Governement & Groups forum. Anyone can read posts but you must be registered and logged in to post in the forum.
Submit Your Photos
Include Name, Location and Date
Email to: BeachIssues@co.walton.fl.us or drop them off at
Out of Town?
If you live out of the area, please download the affidavit and have it completed according to instructions and mail in to Walton County. Mail to: 161 East Sloss Ave, DeFuniak Springs, FL 32433. Email photos to BeachIssues@co.walton.fl.us. Your affidavit is important to attest that you have visited South Walton beaches especially those that are not currently public beach accesses.
Please help SAVE OUR BEACHES by submiting your affidavit today! If you have any questions regarding the Affidavit or submitting photos, please contact the Walton County Attorney’s Office at (850) 892-8110.
If you're a South Walton local, you can visit the following locations to pick up customary use affidavits with free notaries:
South Walton Annex, Planning Department on Mondays through Fridays from 8am-4:30pm
Walton County Attorney's Office in Defuniak Springs on Mondays through Thursdays from 8am-5pm and Fridays from 8am-3pm
Bud & Alley's Restaurant's Rooftop Deck in Seaside, Florida every day from August 22 through September 8 from 4:30-6 pm
30A Local Properties in Grayton Beach, Florida Monday through Friday
Daniel W. Uhlfelder, PA Law Office on Mondays through Friday from 8am-5pm
UPS Store Inlet Beach M-F 8am - 6:30pm
A doctrine that describes the inalienable right of people to walk upon and lawfully and respectfully use ALL BEACHES for recreation as they have for thousands of years.
OVERVIEW OF CUSTOMARY USE IN WALTON COUNTY
Customary Use is a big issue in the state of Florida.
It’s the belief that beaches have been public property as long as humans have used them, which is why counties across Florida have passed customary use ordinances allowing access to both public access points and in front of beachfront homes.
In April 2018, the Florida Legislature passed House Bill 631. The bill, which received bipartisan support, authorizes a person with “superior right to possession or real property” and “prohibits local government from enacting or enforcing ordinance or rule based on customary use.”
The Walton County Board of Commissioners is moving forward to restore public beach access along the South Walton beaches under new provisions of the House bill.
On September 8 at 9 a.m., commissioners will hold a public hearing at the South Walton High School auditorium to “affirm the existence of recreational customary uses on beachfront property in Walton County.”
Public Information Officer for Walton County Louis Svehla said the hearing is the first step toward a customary use ordinance.
"Based on the legislation passed this year by the state of Florida, House Bill 631, it requires that we hold a public meeting regarding our intent to move forward with the customary use ordinance," he said.
A draft of the ordinance will be presented at the hearing, Svehla said.
"That would be the ordinance that would be presented along with all of the other information to a judge who would ultimately then decide whether customary use could exist in the forum that we’re trying to have."
In 2016, Walton County Commissioners passed a customary use ordinance giving the public the right to enjoy privately-owned beaches without fear of prosecution.
"We had issues with property owners putting up fences and signs and chaining off and roping off their private property which was an environmental issue as well," Svehla said. "And that really led the board to look at our beaches, how they’ve been used customarily; what they felt was right for this area."
On July 1 of this year, HB 631 went into effect voiding the 2017 customary use ordinance and causing issues for both residents and visitors.
"We’ve had several property owners say they do not want us crossing their property in order to pick up trash that we would normally pick up on private property throughout our beach," Svehla said. "That has caused us to have to stop picking up trash in certain areas. We’ve got about 70 percent of our private property now that we’re unable to collect trash from because we are unable to traverse certain areas of the beach."
Another issue is, of course, the confusion of which beaches are public or private.
"Certainly visitors coming in, even residents, who have been going to places they’ve been used to going to and being told by homeowners that they’re going to have to move — that it’s private property," Svehla said.
Svehla said the proposed customary use ordinance will be similar to the one passed in 2017.
"We don’t anticipate it to be much different," he added. "Really, this is the process we have to go through based on the legislation. So the board will look at a draft . and if they would like to make any changes or see something different in an ordinance."
And again, the Florida Legislature could pass another bill.
"The State legislature could certainly pass something different," Svehla said.
Svehla said the county is planning on a large crowd for the public hearing, which is why he advises anyone interested in going to arrive as early as possible. The public will be given the chance to speak at the hearing.
