County attorneys say new state law won’t change Walton rulings immediately; renourishment remains long-term path to broaden public beach rights

A complex legal fight over public beach access and vending returned to the Walton County agenda on May 13 as commissioners and county attorneys discussed state legislation, the county’s prior customary-use litigation, and how beach renourishment relates to public access.

County Attorney Clay Atkinson told the board that Senate Bill 1622 (the recent legislative action) does not retroactively change judgments already entered in Walton County’s customary-use litigation. “Legally nothing changes on the Walton County beaches the day the governor signs this bill,” Atkinson said, explaining that Walton’s customary-use litigation has already produced judgments and that those results remain in force.

Why it matters: Atkinson and other officials said the bill could change how future beach restoration projects are treated by the state and might make it administratively easier for the county to pursue renourishment projects that establish an erosion control line (ECL) — a legal mechanism that, when created and recorded, establishes public rights seaward of that line. Commissioners were told the bill could therefore help the county establish broader, continuous public beach rights in the future, but that it does not automatically alter property rights or public access today.

Key points from the discussion - Existing litigation: Atkinson emphasized that Walton County’s customary-use case already produced judgments and negotiated settlements; therefore the recent legislation does not erase those results. - Effect of the law: The new legislation was described as a mechanism that facilitates renourishment and state-administered projects; if the county can establish more ECLs through restoration work, those lands seaward of an ECL are treated as public for access purposes under state law. - Enforcement and on-the-ground practice: County staff said enforcement and public guidance are still needed because the ECL and mean high-water lines are spatial (survey-based) measurements, not visible lines on the sand. Atkinson and staff said the county has recently completed a detailed beach survey and will load GIS data so code, sheriff and beach staff can better locate the ECL for enforcement and public information.

Public comments and specifics Several residents and attorneys addressed the board with examples of vendor activity, alleged harassment, and confusion about where public beach begins. Attorney Stephen Tatum (who participated in the customary-use litigation) explained that the ECL is determined by survey and elevation and that tide or photos taken at different times of day cannot replace a recorded survey. “The only way to determine where an ECL is is to have a survey,” Tatum said.

County staff and commissioners noted that the practical path to more uniform public access is not litigation but beach renourishment and federal/state project work that establishes recorded ECLs across continuous stretches of shoreline. That path involves complex federal easement requirements if the county seeks a Corps of Engineers (federal) project rather than a state project.

Next steps and guidance County staff said the county would continue to publish and update survey/GIS layers that show ECL and mean high-water references, work with the TDC and sheriff’s office to improve public messaging and enforcement, and pursue renourishment funding where possible. Officials asked the public to use county channels to report vendor or security behavior that might be interfering with public use.

No formal board ordinance change was adopted at the meeting; the discussion focused on legal implications of the new statute, survey data, enforcement protocols, and renourishment strategy.