Who owns the new land created from sand placed on the beach? 

• The state of Florida owns the land seaward of the ECL where the public has access to the beach per the Florida constitution’s Public Trust Doctrine. The upland property owner owns the land landward of the ECL.  

Why are easements required for shore protection projects? 

• Authorization from upland property owners is required for work areas and access areas on the upland property for equipment to stage and place sand on the portion of the beach on private property. Easements provide this authorization and will guarantee the public will be able to use the publicly-funded beach after construction. Public use is a provision necessary because the participating federal, state and local governments require that public funds only be spent on beaches that are usable by the public. 

What portion of my property is subject to an easement? 

• The easement specifically describes the seaward portion of the property where an engineered beach may be placed – typically seaward of the dune crest or vegetation line. 

Is there an expiration date on easements? 

• No. The easement is specifically for the authorized federal project until the project is de-authorized by Congress. 

Why are construction easements perpetual? 

• The required construction easement is perpetual because it guarantees that (a) the USACE and County can maintain the project; (b) the public will have long-term use of the beach after public funds are spent restoring it. It also ensures that the engineered beach provided for the community at government expense forever remains open to the public for use and enjoyment. 

What happens if I don’t approve an easement over my property? 

• Current Federal policy states that in the case of those properties for which an easement is not provided, the Federal government will not share in the cost of sand placed on the beach fronting that property.  The County, as the local non-federal sponsor, could choose to:
  • Ask the Federal government to skip, not fill, that section of the beach
  • Condemn the easement property by eminent domain
  • Absorb the additional local costs, or
  • Assess the applicable property owner for the amount not funded by the Federal government.

How does the easement affect my property rights? 

• It does not affect property rights of the upland landowner.  An easement is a right of use over limited and specific defined areas of a property. The right of use allows the engineered beach to be built on the property, maintenance of the beach, and public use of the beach in a reasonable and lawful manner.  

Does the construction easement grant the state or US Army Corps of Engineers permission to build structures on my property? 

• No. The perpetual construction easement is specific to the federal project only, which is limited to beach restoration, beach nourishment and beach disposal of high quality sand from navigation projects or adjacent seabeds. 

Will the public have the right to use the beach on my property? 

• Yes. The USACE requires that the beach remain open to the public for use. The public will be able use the beach on which the easement has been placed in a reasonable and lawful way. It does not, however, turn the beach into a municipal beach that is controlled by the government. It still remains private property. In addition, the public will not be permitted to use any portion of the property beyond the restrictions set in the easement. For example, the public is not permitted to traverse the upland property in order to get access to the beach, sell food/other vending services or engage in any other activity prohibited by the County’s code of ordinances. 

Will I retain the right to enjoy my property? 

• Yes. The easement only authorizes the USACE and County to place sand on the property and allows the public to use the beach. It does not prevent you from using your property. It remains privately-owned property, but you cannot prevent the public from using the beach on your property, or tell them they need to move because it is private property. 

Can we negotiate what is included in the easement? 

• Certain provisions can be made to accommodate property owners. However, there are certain easement requirements that cannot be modified, such as public access. 

What rights do I maintain if I sign the easement? 

• The easement spells out property owner’s rights, including the right to continued ownership of the property subject to the terms of the easement. 

Am I liable if someone is injured on my property? 

• No. A property owner is not liable by granting an easement to another person or entity. The Landowners Liability Act provides additional immunity for injuries resulting from recreational activities on the property.  

If this easement is granted, is federal funding of future beach projects guaranteed? 

• No. Granting of the perpetual construction easement will not guarantee federal funding for future beach projects, which is dependent upon future Congressional appropriations. Refusing to grant the perpetual construction easements could jeopardize (a) construction on individual properties with no easement, and/or (b) federal funding for future beach projects. 

For additional questions, please contact: 

Joshua Revord, P.E.  
St. Lucie County Erosion District
Phone: 772-462-1269   
Email: RevordJ@stlucieco.org