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Board tables proposal to allow hard‑surface encroachments waterward of property line, asks to reconvene June 11
Summary
Planning staff presented a draft ordinance to permit hard surfaces waterward of the property line for access to seawalls or docks, conditioned on agency approval and maintenance by the property owner. Board members debated measurement rules, neighbor impacts and policy limits; the board voted to continue the item to the June 11 meeting so an absent member could participate.
The Highland Beach Planning Board discussed May 14 a proposed amendment that would permit certain hard surfaces to extend waterward of the property line to provide access to seawalls, docks or adjacent waterways, but the board ultimately voted to continue consideration to its June 11 meeting.
Town planner Ingrid Allen summarized the background: the item was initiated by the planning board after a special-exception case for 2564 South Ocean Boulevard raised questions about where seawall caps and docks begin and how to measure combined width. Allen told the board the draft allows a hard surface to encroach waterward if it is compliant with chapter provisions, the regulating agency approves the encroachment, and the property owner agrees to maintain the encroaching surfaces.
Allen also explained a related measurement change: the town’s accessory marine facility regulation establishes a maximum combined seawall cap and dock width of 8 feet. Because some seawall caps start waterward of the property line, staff proposed clarifying that the 8‑foot combined measurement should be taken from the edge of the seawall cap so the 8‑foot limit applies regardless of where the hard surface starts.
Board members debated policy tradeoffs. Some members emphasized safety and access — that a hard surface prevents walking on unstable ground and improves access to docks. Others flagged quality‑of‑life concerns and the risk that permitting encroachment could effectively give property owners expanded private use of publicly managed water areas; members also raised potential neighbor‑impact and navigation issues and stressed state and Army Corps jurisdiction over some seawall/fill work. One member noted the cost of seawall work and the regulatory complexity around navigability.
Because a board member who often addresses such marine issues (Roger Brown) was absent, a committee member moved to table the item to the next planning board meeting so Brown could participate; the motion was seconded and the roll-call vote recorded affirmatives from Member Bobby, Member David, Member Axelrod, Member Powell and Vice Chairperson Rosen. The board will revisit the draft at the June 11 meeting.
Next steps: staff will retain record materials and prepare to present a revised draft and examples for the June 11 meeting, including the 2564 South Ocean Boulevard case materials.
