Escambia County staff brief commissioners on "customary use" legal path for Perdido Key beaches

County Attorney Christy Hankins and Natural Resources Deputy Director Tim Day briefed the Escambia County Board on the legal framework and practical steps for pursuing "customary use" rights on parts of Perdido Key, telling commissioners staff will seek public comment and build a record before any legislative action.

Hankins said the county had operated under a statutory regime (cited in staff materials as 163.035) from July 2018 through June 23, 2025; after the statute’s repeal, customary-use claims return to common-law methods that require notice, an ordinance and, if challenged, litigation. "The previous statutory requirements from 07/01/2018 to 06/23/2025 were on 163.035," Hankins said, and added customary-use elements the board would need to establish include that the public use was "ancient, reasonable, without interruption and free from dispute."

Tim Day explained technical coastal terms…