Flagler County, DEP present Phase 2 beach‑and‑dune plan and seek to record erosion control line

Flagler County officials and staff from the Florida Department of Environmental Protection on Thursday presented plans for a Phase 2 beach‑and‑dune restoration and held a formal hearing on establishing an erosion control line (ECL) that would fix the seaward boundary between private upland parcels and state sovereign submerged lands between FDEP range monuments R46.1 and R68.9.

"We are gathered here tonight to talk about the erosion control line," said Ansley Ryn Key, Coastal Engineering Administrator for Flagler County, introducing the workshop portion of the meeting. Guy Weeks, a planning manager in DEP's Office of Resilience and Coastal Protection, described the hearing process and legal role of the ECL.

Why it matters: the ECL records the mean high waterline as surveyed on Oct. 1, 2024, and—if approved by the hearing officer and recorded by the state—becomes the fixed seaward boundary for affected parcels even after public sand is placed. County and DEP staff said the Phase 2 work would rebuild the beach berm and dune, place sand on both private and public areas seaward of the established line, and require easements from upland property owners to construct and maintain the dune features.

Project scope and schedule: the presenters said the permit application describes placing about 1,800,000 cubic yards of beach‑compatible sand sourced from a nearshore borrow area identified as Area 3A (the same general area used in a nearby federal project). The plan calls for a widened dry berm—initially up to about 120 feet in places—and a constructed dune with vegetation. Chris Creed, the county’s coastal engineering consultant, said the county and consultant team expect to have permits and final design completed around May and that the next step will be mailing easement packets to property owners for signature.

Survey and ECL details: DEP staff said the mean high waterline used to propose the ECL was surveyed by Arc Surveying and Mapping (Rick Sawyer, PLS) on Oct. 1, 2024; the survey covers approximately 3.99 miles and was sampled at roughly 200‑foot intervals. The survey used a mean high water elevation of 1.43 feet above NAVD 88 for this reach. Officials said the recorded ECL would be the permanent seaward boundary for properties that hold title to the mean high waterline, and any future deeds or surveys should reflect the recorded line.

Easements, property and maintenance: staff said the county will request perpetual easements limited to the dune and construction work area seaward of private structures. Those easements are intended to allow the county to construct, repair and maintain the dune system in the future; the county indicated it will assume maintenance responsibility for the project dune under the project’s maintenance plan. Officials said if a property owner does not sign an easement, that property would be skipped for construction in the immediate operation but that the county would pursue signatures through outreach.

Environmental and operational constraints: presenters described coordination with the Florida Fish and Wildlife Conservation Commission on marine turtle protections and said the project will include daily nest surveys and, if necessary, relocation of nests from areas that would be impacted during construction. Staff said nesting densities in Flagler County are relatively low compared with other parts of the state, and that the U.S. Fish and Wildlife Service allows construction with appropriate management in this county. The construction method described was hopper‑dredge hydraulic placement, with the dredge loading offshore then pumping sand ashore via floating lines and pumps.

Public concerns and hearing outcome: residents raised questions about seawalls, private access stairs and whether the dune would block views. Officials said they will not place fill landward of seawalls but will tie the dune into seawalls where appropriate and try to cover walkovers so access remains safe. Several property owners asked how recording the ECL affects tax rolls and ownership; staff repeatedly clarified that land already submerged seaward of the mean high waterline is already state property, and that the ECL records the mean high waterline as surveyed on Oct. 1, 2024, not a transfer of vested upland rights.

The formal ECL hearing, conducted by DEP hearing officer William Guy Weeks, received no oral formal objections during the public hearing; Weeks said a 21‑day written comment period begins the day after the hearing. "After the erosion control line public hearing has been held, I, as the appointed hearing officer, will prepare a hearing officer's report," Weeks said, describing the next administrative steps; if his report recommends approval the Department will prepare a state resolution and record the ECL with the Flagler County Clerk.

What comes next: staff said residents should expect an easement packet from the county's title contractor and additional owner outreach as permitting and design advance. The ECL administrative record and the survey drawings were made available at the meeting and will be on file with the county and DEP. Officials said permit approval, final design and easement acquisition are the immediate next steps before construction scheduling.

No formal vote was taken at the hearing; DEP will prepare the hearing officer's report and, subject to administrative review and any timely comments, will move toward recording or amending the ECL in accordance with statute and administrative rules.

Sources: meeting workshop and public hearing presented by Flagler County staff, the Florida Department of Environmental Protection and county consultants; ECL survey by Arc Surveying and Mapping (Rick Sawyer, PLS) on Oct. 1, 2024.