Fences are blocking beach access on this part of Anna Maria Island. Blame the moon
Beachgoers and homeowners on Anna Maria Island beachfront property are clashing over rope fences that make it harder for visitors to walk along the beach.
Depending on the tide, some fences extend out into the water. The conflict boils down to a narrow interpretation of Florida law: Where does private property end and public beach begin?
A debate around the legality of beach fences swirled around the Anna Maria Planning and Zoning Board in the early months of 2019. Anna Maria Mayor Dan Murphy said beachfront homeowners have the right to install a fence to the end of their property line, which goes all the way to the Mean High Tide Line (MHTL), according to Florida law.
Some homeowners in the 400 block of South Bay Boulevard took advantage last year, installing rope fences that stretch into the water — even during low tide, posing obstacles for beachgoers walking along the sand.
“We’ve received a couple complaints, but the fact of the matter is that it’s private property and they can do what they did there,” Murphy said. “We had it surveyed beforehand to find out just how far it extended, because we weren’t going to let them install a fence any further than state law allows.”
When Stacie Bulley first moved into her home nearly 20 years ago, the water nearly stretched to the backyard deck, but the cycle of the tide has created an extended beach that didn’t exist before. She said she and her husband, David, only installed the fence as a last resort to protect their backyard privacy.
“We felt it was the only way to have a chance to sort of keep a little visual reminder that this is still our property,” she said. “Just because it’s not grass doesn’t mean it’s not my backyard.”
Where does private property end on the beach?
Sue Coleman, of Lakewood Ranch, and her husband, Tom, own a beach house between two neighbors who have erected rope fences on the beach. In an interview with the Bradenton Herald, she said the state’s private property rules are too restrictive for beach visitors.
“I know it’s their property, but I figure it’s a beach and people should have access to enjoy it,” said Coleman. “The secret is out. We live in a beautiful area.”
In response to calls from her neighbors, Manatee County Sheriff’s Office deputies have trespassed beachgoers from private property five times in the past year. Coleman, on the other hand, has installed a sign on her property that reads “God made it and we’re happy to share it.”
“One day the (fence) workers were out there and the owner came to our house and said ... they wanted privacy. They had a lot of people come up to their house, look in the window and this and that. Tom and I said we’ve never had anything like that happen in 10 years,” Coleman said.
According to Bulley, some tourists “show a lack of respect” for property boundaries when they lounge on the beach between her ropes or try to enter the deck and use her hot tub.
“It was really frustrating for us when we were trying to sort this thing out,” Bulley pointed out. “I used to come home and people would just be camped out back there. It’s scary because you don’t know who’s friendly and who’s not.”
While the Colemans are happy providing public access to their backyard, the law says they don’t have to be so generous. Technically, everything from the house to the MHTL belongs to her.
Many believe the MHTL to be the point along the shore where dry sand meets wet sand, and in general, wet sand is public land that cannot be restricted. But a local surveying company explained it’s a bit more complicated than that.
‘Wet sand vs dry sand’
“Wet sand vs. dry sand is usually a good approximation, but when it comes to a surveyor’s duty for legal boundary purposes, we are required to follow Florida’s standards very thoroughly,” said David Coughlin, managing member and certified survey technician with Geosurv, a Bradenton-based land surveying company.
Surveys are conducted based on a Florida Department of Environmental Protection tidal study that examines the metonic cycle — a 19-year cycle of the moon — and its gravitational effects. Then, the state determines the average of the tides along a certain coast. Based on that math, the MHTL often does reach into the water, said Coughlin.
“It’s common to see the mean high (tide line) go underwater depending on where the tide is in that particular part of the moon cycle,” he said. “That’s not at all surprising.”
Fences are ‘unfortunate’
“It’s unfortunate — whether I think it’s fair or unfair doesn’t make a difference,” Mayor Murphy added. “People like to take walks on the beach, and I don’t blame them for that, but people are entitled to rope off their property.”
By installing fences and restricting public access, beachfront homeowners limit their property’s involvement in state- and federal government-funded beach renourishment projects replacing sand that has eroded over time, according to City Attorney Becky Vose.
The city of Anna Maria will only approve a beach fence permit if the homeowner has no agreement for beach renourishment with the state. The Tampa Bay side of Anna Maria Island has not been renourished before. If that changes in the future, homeowners still have a chance to sign on.
“It is my understanding that before a particular beach is renourished, that an agreement must be signed with the state by the upland property owners. It is also my understanding that none of the beaches on which there is a fence installed by a private property owner has been renourished,” Vose said in an email to the Bradenton Herald.
This story was originally published January 9, 2020 at 5:00 AM.
