Customary use in Walton County is the legal question of whether the public can use the privately owned dry sand along the county’s 26 miles of Gulf beach. After a lawsuit filed in 2018 over 1,194 beachfront parcels, the answer today is a patchwork: a 2023 settlement grants limited public access on participating properties through a defined 20-foot “Transitory Zone,” 95 parcels carry broader access under a judicial customary use finding, and other parcels remain fully private. The wet sand seaward of the mean high-water line is public everywhere.
Where Public Beach Ends and Private Beach Begins
In Florida, the mean high-water line separates state-owned foreshore from privately owned upland. Everything seaward of that line, including the wet sand and the water, is public. Everything landward, up to the vegetation or dune line, is private dry sand where access depends on the parcel.
That boundary is not a painted stripe. It is calculated as the average height of high water across a 19-year tidal cycle, and its position on the ground moves with erosion, storms, and renourishment. Walton County is running a beach survey to update its shoreline measurements, and until that finishes the exact line can be hard to identify by eye. The visibly wet sand is the practical fallback. Stay on it and you are unambiguously on public land.
What the 2023 Settlement Lets You Do on the Dry Sand
The Walton County lawsuit largely resolved through a settlement agreement between the county and participating beachfront owners. Under its terms, the county acknowledged that customary use does not exist on those parcels, and in exchange the owners agreed to allow limited public access within a “Transitory Zone.”1Courthouse News Service. Settlement Agreement – Walton County Florida Customary Use Case
The Transitory Zone runs 20 feet landward from the wet/dry sand line on any participating parcel. Inside that strip, the public may:
- Walk, run, and jog at any time.
- Access the water for swimming, surfing, surf fishing, and skim boarding.
- Sunbathe between 9:00 a.m. and 4:00 p.m. Central Time, using personal beach chairs or towels only. Chairs and umbrellas from commercial vendors, hotels, or condo associations are not allowed.
A density cap also applies: no more than one person per five feet of a parcel’s Gulf frontage may use the Transitory Zone for sunbathing at once. Property owners keep full use of their beach and can ask anyone violating these rules to move or leave.1Courthouse News Service. Settlement Agreement – Walton County Florida Customary Use Case
Not Every Parcel Is a Settlement Parcel
Of the 1,194 parcels named in the original lawsuit, only 95 ended up with a judicial finding that customary use exists. Those 95 carry broader public access rights than the Transitory Zone rules. Every owner who was represented by counsel and contested the claim either obtained a dismissal with prejudice or entered a settlement. Some dismissed parcels have no public dry-sand access at all.
Because rights vary parcel by parcel, the practical question for a visitor is which category of beach they are standing on. Walton County’s tourism board maintains an interactive map that distinguishes owner-managed private beach parcels (settlement participants) from fully public and fully private stretches. Checking that map before setting up on the dry sand is the surest way to avoid a confrontation. When you cannot tell, staying below the wet/dry sand line removes the risk.
Trespass Rules and Penalties
The Walton County Sheriff’s Office adopted Standard Operating Procedure 2.1.1 in October 2023 to handle trespassing calls on Gulf-front property under the settlement.2Walton County Sheriff’s Office. Trespassing on Gulf Front Property – Standard Operating Procedure 2.1.1 The response is tiered. Beach ambassadors go first to try to resolve the situation with information about where the boundaries fall. A deputy responds only if that does not work.
Under Florida law, trespassing on property other than a structure or conveyance is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.3The Florida Legislature. Florida Code 810.09 – Trespass on Property Other Than Structure or Conveyance4The Florida Legislature. Florida Code 775.083 – Fines Most encounters do not escalate to that point, but the criminal exposure is real for anyone who refuses to leave after a property owner or authorized person has told them to go.
Why the Rules Look Like This: The Customary Use Doctrine
Customary use is a Florida common law doctrine that lets the public keep using privately owned dry sand for recreation when that use has deep historical roots. The Florida Supreme Court laid out the test in City of Daytona Beach v. Tona-Rama, Inc. (1974): public recreational use of the dry sand next to the mean high-tide line should not be interfered with by the owner when that use has been “ancient, reasonable, without interruption and free from dispute.”5Justia. City of Daytona Beach v. Tona-Rama, Inc.
Customary use does not give the public any ownership interest. Owners keep title and can still use their land in ways that do not block traditional recreational access. Protected activities are the low-impact ones communities have engaged in for generations: walking, sunbathing, and access to the water.
How Walton County Ended Up in Court
Before 2018, Florida counties could pass local ordinances recognizing customary use on their beaches. Walton County had done so. House Bill 631, signed that year and codified as Florida Statutes § 163.035, invalidated those ordinances and required a judicial declaration before any local government could enforce customary use rights.6Florida Senate. CS/HB 631 – Possession of Real Property7Florida Senate. Florida Statutes 163.035 – Establishment of Recreational Customary Use
Walton County responded by filing suit in late 2018, seeking customary use declarations on 1,194 parcels. It was one of the largest property rights cases in Florida history. An Amended Complaint followed on October 15, 2020, and the case moved through years of mediation and motions before concluding with a final summary judgment on remaining parcels in early 2024.8Surfrider Foundation. Lawsuit Filed to Protect Customary Use in Walton County, Florida The 2023 settlement and the 95 judicial findings came out of that process.
What the 2025 Repeal Changes
In 2025, the Florida Legislature passed CS/SB 1622 (Chapter 2025-178), the companion to HB 6043, repealing § 163.035.9Florida Senate. HB 6043 – Recreational Customary Use of Beaches10Florida Senate. HB 6043 – Recreational Customary Use of Beaches Local governments no longer need a judicial declaration before adopting a customary use ordinance.
The repeal does not touch what is already in place. The 2023 settlement stands, and so do the 95 judicial customary use findings. It does open a different path for the county on parcels that were dismissed without a finding, or parcels never part of the original suit. Whether the Walton County Board of County Commissioners takes that path has not been decided.