Escambia County commissioners are taking a closer look at how the public can use parts of Perdido Key beaches under something called “customary use.”
It’s the idea that if the public has been using dry sand areas of a private beach for a long time, and it’s been mostly peaceful, that use might be allowed, explained County attorney Christi Hankins.
“Anything below the mean high tide is protected by state law,” Hankins said. “So we’re really just talking about the dry sand above that line.”
Commissioner Mike Kohler called the debate “the most divisive I have seen in my three years on the board.”
He stressed that the county isn’t taking ownership from property owners.
“Property owners still have the land, and the public does not gain ownership,” Kohler said. “Our goal is to see where customary use might work without triggering disputes.”
County staff walked commissioners through how state law on customary use has changed. A 2018 law required counties to notify beachfront property owners and go to court to prove that public use of dry sand beaches was long-standing and undisputed.
That law was repealed in 2025, giving local governments more flexibility to adopt customary use ordinances. Any challenges now play out in court later, with judges deciding access questions case by case.
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Hankins mentioned a pending federal appeal in Redington Beach, where homeowners challenged a beach access ordinance. She said it’s not part of Escambia County, but the outcome could offer guidance on how courts view customary use.
Escambia County Deputy Director of Natural Resources Tim Day walked commissioners through the technical side. He explained mean high water, the line between wet and dry sand, “shifts daily with the tides,” so maps and surveys are needed to know exactly where it falls.
He also gave an update on beach restoration projects, noting most of the funding comes from state and federal grants, not the county.
Commissioners discussed specific spots on Perdido Key where public access is limited. One 75-foot easement leads to Johnson Beach, and another section stretches about 4,000 feet east of that. West of the state park, some county-owned parcels exist, but most land is private.
Private property rights remain a key concern.
Commissioner Steve Stroberger said, “The property owners still own the property, and they have to maintain it.”
He added that legal protections don’t erase liability, meaning homeowners could still face lawsuits if someone is injured on their beach.
Proving customary use isn’t automatic, Hankins said.
“We’d look at photos, testimony, or other evidence that shows people have been using the beach for years without causing problems,” she said.
Commissioners discussed alternatives to customary use, including purchasing additional access points, partnering with state parks, and exploring changes to state park fee structures.
Commission Chair Ashlee Hofberger said the board plans to take public comment at its Feb. 19 meeting and may wait for a pending federal appeals court ruling involving Redington Beach before considering further action.
“This is about making sure we are as educated as possible before we move forward,” Hofberger said.
