New sign raises access concerns for beach walkers

Beach walkers are being asked to be cognizant of where they are walking at the Gulfside Road beach access via the placement of a sign that reminds pedestrians of private property and unsafe conditions along rock groins. 

The placement of signs on property on Longboat Key has sparked conversation around pedestrian access to the 10-mile stretch of beach. Some residents have expressed frustration and concern that the sign is the first step toward a similar situation as is present at the Ohana property, which makes a section of the beach impassible by pedestrians. 

“The regular beach walkers who were unhappy to lose the access previously afforded to them to traverse the Ohana seawall property are even more unhappy to see the Town of Longboat Key join the movement to further impede beach access in the placement of this sign,” Commissioner Deborah Murphy wrote in an email to Town Manager Howard Tipton. “As beach erosion negatively impacts the recreational use of this public amenity, I believe the Town of Longboat Key should consider adopting proactive beach access policies which first seek to identify the feasibility of any access workarounds prior to installing restrictive signage.”

The main concern is signs on the property could lead to a similar situation created by the Ohana seawall, which sparked the outrage of residents and frequent beach walkers. 

The sign recently placed near the Gulfside Road beach access reads: 

Coastal erosion north of this access has temporarily made walking on some portions of the beach unsafe. Areas landward of rocks and seawalls are private property and subject to trespassing enforcement.

According to town staff, the sign comes after a property owner near the public access frequently complained that beach walkers were trespassing on private property. 

During a call with the property owner in question, Tipton said the owner had previously attempted using “no trespassing” signs with no success. The signs were either ignored or removed. 

Since then, Tipton, Public Works staff and police have been to the property. A rock seawall is already present on the property and helps mark the property line. The average person may not understand its purpose. This is where the sign placement comes in. 

“We felt we should at least let them know where the private property line is,” Tipton said. “We didn’t say ‘the beach is closed.’ We’re just trying to let people know you could be trespassing.”

As sand is added naturally or through beach nourishment projects, Tipton said the sign could be taken down. Much of the issue stems from a lack of sand seaward of the rock seawall for regular pedestrian use. 

“Historically, the north end is very much a beach community,” former commissioner Maureen Merrigan wrote in an email to Tipton. “Some sections of the beach erode faster than others. This often results, in any given year, in neighbors having to respectfully walk on the edge of another neighbor's property to get from one section of the beach to another. For 40+ years, this tradition of fully-sharing the beach and allowing access for walking continued without complication or difficulty.” 

The increase in security measures at the Ohana property changed that pattern, she wrote. 

She also brought forth issues with the language of the sign and the lack of communication with the rest of the community about the decision to place the sign and the reason for it. 

“Proactive communication allows time to explain rationale, provide input and work together,” Merrigan wrote. “Sometimes the best approach is neighbors talking to neighbors first.”

The areas around the Ohana property and near the Gulfside Road beach access are some of the areas on the island most prone to erosion, which has been attributed in part to the westward extension of the island and presence of scouring seawalls. Erosion fluctuates along the beaches seasonally as a natural part of the wave action and storm impacts.

There is currently a plan to place a small amount of sand in the area in the next few years, but it's not foreseen to make a long-term difference. The next full nourishment is expected around 2028 or later. 

Unfortunately, there is generally no easy way to tell where a property line is for Gulf-front homes. When in doubt, it is best to stay closer to the water. 

“It’s unusual because most of the time property lines don’t go that far west,” Tipton said.

Ohana seawall

The placement of the sign at the Gulfside Road public beach access led to concerns of a similar situation occurring at the area as is present at the Ohana property — pedestrian access is restricted. 

In January 2022, town commissioners reopened discussion with the Ohana property owners in hopes of reaching an agreement for public use of the beach on the property. After discussion with legal counsel, the property owners came forward with a temporary access agreement for about one-third of the total property. Terms of the proposal included the town assuming liability for pedestrian access, assuming costs for maintaining sand on the leased portion of the property and paying an annual fee to the owners between $800,000 and $1.3 million. 

The town’s counteroffer included a smaller portion of the property, a 10-foot pedestrian path, and an annual payment of $10,000. 

The property owners were not satisfied with the offer and the town decided to cease negotiations.

The property’s seawall is a longstanding issue. In June 1999, commissioners had discussed purchasing the property in order to remove the seawall, but ultimately decided not to move forward with the purchase.

In 2021, new signs were placed at the property to remind beachgoers of the private property and to warn them of the presence of “bad dogs” and video surveillance.

Historical aerial photos indicate that there has been a seawall in existence at the Ohana property since the 1950s. Since that time, the seawall has been repaired and replaced, and the replacement structures have been rebuilt landward of the initial seawall.