Commission asks Planning Board to study code change allowing hard paths to seawalls

At the Feb. 3 meeting the Town Commission voted to refer a Planning Board–initiated proposal to amend section 30‑66(c)(1)(a) of the Town Code to the Planning Board for study. The proposed change would allow certain hard surfaces — for example, a narrow paved path — to continue seaward to the seawall cap where a new seawall is placed beyond a property line and no existing seawall sits at the property line.

Town planner Ingrid Allen described the background: a Planning Board special-exception approval for a property at 2564 South Ocean Boulevard included a seawall cap and a dock, and staff recommended clarifying the code to allow hard-surface access in narrow gaps between the property line and seawall cap when appropriate. Planning Board member Greg Bobby and commissioners said the change is primarily to improve safe, continuous access to docks (for carts and equipment) and to avoid a soft-surface gap that complicates handling heavy objects. Commissioners discussed environmental oversight, who would own or maintain the narrow strip between the property line and seawall, and whether the town or property owner would bear maintenance and liability. Staff said permitting remains the town's purview and suggested maintenance responsibility should rest with the property owner; the town also noted state and federal agencies (Florida Department of Environmental Protection and U.S. Army Corps of Engineers) regulate seawall construction.

Commissioners asked the Planning Board to consider limits on the width and materials of any permitted path and whether an extension should be a one-time allowance tied to replacement seawalls. The commission carried a motion to send the draft amendment and related questions to the Planning Board for further study and recommended return with recommended conditions.