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State denies petition that critics feared could expand private beach claims

State denies petition that critics feared could expand private beach claims
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BELLEAIR SHORE, Fla. — The Florida Department of Environmental Protection (FDEP) has denied a petition from the Town of Belleair Shore to remove a legal beach boundary that opponents feared could eventually lead to more of the beach becoming private.

The final order, obtained by Tampa Bay 28 after it was forwarded by a Belleair Beach city leader, rejects Belleair Shore's request to cancel and vacate a portion of an erosion control line, or ECL, along the Pinellas County coastline.

The dispute centered on the boundary, which was established as part of a 1997 beach renourishment project. Belleair Shore argued the erosion control line should be removed because the town did not participate in the project.

In its decision, FDEP found the underlying beach renourishment project was completed within the timeframe required by law, which makes the erosion control line ineligible for cancellation.

The department also concluded that Florida law does not allow only a portion of the erosion control line to be vacated.

FDEP further noted that Belleair Shore "received sand from adjacent placements during multiple nourishment events starting in 1998, and as recently as 2018."

Opponents of the petition, including some homeowners and officials in neighboring Belleair Beach, had argued removing the line could eventually strengthen private property claims over portions of the dry sand beach and reduce public access.

Belleair Shore still has the option to challenge FDEP's decision through Florida's administrative appeals process.


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