Protect Everyone's Right to Use the Beaches of North Hutchinson Island in St. Lucie County
Did you know?
Photo: 01/15/2025 taken from listing of land for sale at: 5140 N Highway A1A, North Hutchinson Island, FL 34949
- a person who owns property on a beach owns that beach all the way down toward the water to the Mean (average) High-Water Line (MHWL)
- the MHWL is much closer to the ocean than most people realize -in fact, it is actually under water during most high tides
- the owners of beach-front properties can legally prohibit people from walking or otherwise being on THEIR beaches?
Historically
People have used Florida’s beaches pretty much without anyone telling them they couldn’t. But, more recently, some landowners, have objected to the public using the part of the beach that is part of the property they bought and own (the part that is above the MHWL). So conflicts and court cases occurred that eventually led to Florida Statute 163.035. It basically says that all previous laws allowing the public to use all of the beach (not just the wet sand below the Mean High-Water Line) are null and void—and that new laws allowing such use cannot be made. However: The law goes on to explain a process by which the public can regain the right to use the beaches above the MHWL by Judicial Declaration.
Next steps
Evaluate neighborhood interest in supporting 30′ access easement if a dry beach access easement was granted over each lot, providing assurance of public access to the full beach eastward of the dune.
The problem:
The areas in red & orange are pristine beaches in a natural state. The area in red has 3 beach access trails that are eastward extensions of the roads (the center trail is marked by the red flag in the photo). Many residents of communities in this area, and visitors, use these beach accesses because they are open to the public.
The area outlined in red has been purchased by a developer who repeatedly emphasizes his ownership of the beach to the high-water mark which could result in them prohibiting the public from using that area of dry sand beach. You would not be able to walk across or set up your chairs and towels on this dry sand. The 3 public beach accesses would lead you to an area that leaves you with virtually nowhere to go—especially at high tide.
What we are doing:
In an effort to prevent such a situation, Fort Pierce Shores Preservation, Inc is leading an initiative to request that St. Lucie County seek a Judicial Declaration to affirm the public’s right to continue to use the dry sand beach in these areas because the public’s use has been “ancient” (60+ years),”reasonable” (simple recreation East of the frontal dune), and without “interruption” or “dispute” [as provided for in FL Statute 163.035]. At the moment we are focusing on the areas shown above as under “immediate threat”; but we would like the Judicial Declaration to apply to the entire beach from the northern St Lucie County line to the jetty in order to guarantee the public’s right to freedom of movement along the county’s beaches on North Hutch.
How you can help:
The Statute requires proof of the public’s uninterrupted use for a long time. To this end we are collecting statements and pictures describing the history of our beach use—particularly the areas of dry sand beach above the highwater line. We will compile these and present them to the County to use as proof of our right to this Judicial Declaration.
Please send your statements and photos to:
FortPierceShoresPreservation@gmail.com
Sample testimonial:
Sample Testimonial for Judicial Declaration on Public’s Right to Use the Dry Sand Beaches on North Hutchinson Island in St. Lucie County
We fell in love with North & South Hutchinson Islands the first time we visited in 2008. The great attraction for us has always been that it was not overdeveloped; lots of open space, natural beauty, and public access. In other areas you can go for miles and barely get a glimpse of the ocean because it is all privately owned and gated or posted. We rented and looked at homes for years before finding our haven in 2016 in the community of Fort Pierce Shores; it was love at first sight. Living in this community we have walking access to the most beautiful pristine beach down natural beach paths. These paths were dedicated to residents in our community and the public in 1963 by the corporation that founded our community, North Beach Development Co. As it says in the Dedication, “North Beach Development Company wishes to assure all owners and occupants of lots in said subdivision of access to the Atlantic Ocean beaches lying in close proximity to said subdivision…”.
Therefore, certainly the residents of Fort Pierce Shores would never imagine that once they arrive at the beach, a community property owner might prohibit them from enjoying any portion of our community’s beachfront area East of the frontal dune.
My husband walks the beach daily, always with his Wal-Mart bag in hand, and gathers trash all across the beach, including to the top of the frontal dune. When relaxing on the beach we usually set up our chairs and place our belongings on the dry sand, and that is where our children and grandchildren like to dig in the sand. We have been doing this consistently since 2016, specifically on the beach along North Ocean Drive, and also along the entire beach frontage of Fort Pierce Shores. Frankly I am affronted by the idea that some developer could come in and take our rights to this away. I know property owners have rights; we are also property owners whose long-established rights should be protected.
I include a picture of me and my Dad, plopped on the dry sand next to the Sea Oates Dr. pathway, because at 85 years of age that was as far as he could walk.
Please send your statements and photos to:
FortPierceShoresPreservation@gmail.com
Participants in the 39th Annual Navy Seal Muster
Take the survey:
Currently you are able to use the entire beach on North Hutch—from the county line to the jetty, and from the frontal dune to the ocean. This could change (per FL Stat 163.035) if we don’t take the necessary steps now to protect this right. We need your response to this survey to gather the evidence the county needs to apply for a Judicial Declaration to protect your rights to this access.