BELLEAIR SHORE, Fla. — A fight over a little known line in the sand is brewing along a portion of the Pinellas County coastline. Supporters call it a simple property rights issue, but opponents warn it could reshape how part of the beach is used for decades to come.
According to documents obtained by Tampa Bay 28, the Town of Belleair Shore has petitioned the State of Florida to remove its erosion control line. The town argues the boundary should never have applied because Belleair Shore never participated in the beach renourishment project that created it.
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Opponents fear removing the line could strengthen private property claims over portions of the beach and eventually lead to disputes similar to those seen in Walton County in the Florida Panhandle, where years of legal battles have centered on who can use the dry sand.
What is an erosion control line?
An erosion control line, or ECL, is a legal boundary established by the State of Florida as part of some beach restoration and renourishment projects.
Generally speaking, the wet sand portion of Florida's beaches is protected for public use under the Florida Constitution. However, the fight in Belleair Shore centers on part of the dry sand portion of beach, where the erosion control line plays an important role in defining certain property rights.
In simple terms, it's a legal line that helps separate private beachfront property from the public beach.
The line at the center of this dispute was established in 1997 as part of the Sand Key Phase IV beach renourishment project, which stretches along part of the Pinellas coastline.
Belleair Shore argues the line should never have applied there because the town never participated in the project.
Opponents fear that without the ECL, beachfront property owners could argue that most of the dry sand beach is private property.
Why does Belleair Shore want the line removed?
In a statement to Tampa Bay 28, Belleair Shore Mayor Steve Blume said:
"The ECL line was improperly put in place on Belleair Shore in 1997 for the purpose of beach renourishment. We are looking to correct this mistake by requesting the removal of the ECL line since we do not participate in any beach renourishment nor have we ever done so."
The town's petition argues Belleair Shore has never accepted beach renourishment since the erosion control line was established in 1997 and says Florida law allows the line to be canceled under those circumstances.
The petition was signed by a majority of the town's beachfront property owners and approved by the Town Commission.
Why are neighbors concerned?
The issue is especially personal for many Belleair Beach residents because a portion of their city sits east of Gulf Boulevard, directly across from Belleair Shore's town limits. For many of those homeowners, the closest way to reach the Gulf is through designated beach access points in Belleair Shore.
Frank Bankard, a Belleair Beach council member leading opposition to the petition, argues Belleair Shore still benefits from publicly funded beach renourishment through longshore drift, the natural movement of sand along the coast. He says sand from projects in neighboring communities, including Belleair Beach and Indian Rocks Beach, naturally migrates into Belleair Shore.
Opponents say that means Belleair Shore benefits from publicly funded renourishment even if sand is not directly pumped onto its beaches.
Some opponents also argue the state cannot simply remove Belleair Shore's portion of the erosion control line because it was established as part of the larger Sand Key Phase IV project.
Others worry the dispute could affect property values in neighboring communities.
Joseph Manzo, an attorney who lives in Belleair Beach, said many homeowners chose to live there because of the easy access to the beach.
“If you take away beach access, you’re taking away hundreds of thousands of dollars on my property,” he said. “I might as well be in Largo or Seminole.”
Tampa Bay 28 asked Belleair Shore leaders what impact removing the erosion control line could have on beachgoers and neighboring communities.
The only response from the town was Mayor Blume's statement, which described the request as an effort to correct what the town considers a “mistake” tied to the 1997 beach renourishment project.
The statement did not directly address opponents' concerns about future public access.
Opponents fear removing the line could eventually spark fights over trespassing and public access.
"We already have a blueprint for this, and it's happening up in Walton County, up in the Panhandle," Manzo told Tampa Bay 28. "It's a disaster."
What's next?
According to an email forwarded to Tampa Bay 28, the Florida Department of Environmental Protection has received Belleair Shore's petition seeking removal of the erosion control line. The agency has not indicated when a decision could be made.
In the meantime, opponents say they intend to continue fighting the proposal and believe the outcome could set a precedent.
"We're going to fight this and take it, by any le
gal means necessary, right up to the Supreme Court, because we're not going to let this be a precedent," Manzo said. "You're not going to drive us from our beaches."
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