Collier County is in the Southwestern part of the great State of Florida. The state, through its constitution and adopted statues, defines public access to beaches, regulates coastal construction and defines preservation initiatives and rules.
Many people call Coastal Zone Management and Parks and Recreation asking for a definition between public and private lands for properties located on the beach. Florida Statute Chapter 161 defines the line between public and private lands in detail.
DOWNLOAD FLORIDA STATUE CHAPTER 161
Chapter 161 defines public beach areas as:
(1) “Access” or “public access” as used in ss. 161.041, 161.052, and 161.053 means the public’s right to laterally traverse the sandy beaches of this state where such access exists on or after July 1, 1987, or where the public has established an access way through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public access unless a comparable alternative access way is provided.
Note: if renourishment is performed on any area of a beach, any area sand is placed becomes state land and that line is called the Erosion Control Line.
To find where the line is on your area of beach, visit data.labins.org.
Subject list of Chapter 161 is below:
BEACH AND SHORE PRESERVATION
PART I
REGULATION OF CONSTRUCTION, RECONSTRUCTION, AND
OTHER PHYSICAL ACTIVITY (ss. 161.011-161.242)
PART II
BEACH AND SHORE PRESERVATION DISTRICTS
(ss. 161.25-161.45)
PART III
COASTAL ZONE PROTECTION (ss. 161.52-161.58)
PART IV
OCEANS AND COASTAL RESOURCES ACT (ss. 161.70-161.76)
PART I
REGULATION OF CONSTRUCTION,
RECONSTRUCTION, AND
OTHER PHYSICAL ACTIVITY
161.011 Short title.
161.021 Definitions.
161.031 Personnel and facilities.
161.041 Permits required.
161.0415 Citation of rule.
161.042 Coastal construction and excavation in barrier beach inlets.
161.051 Coastal construction by persons, firms, corporations, or local authorities.
161.052 Coastal construction and excavation; regulation.
161.053 Coastal construction and excavation; regulation on county basis.
161.05301 Beach erosion control project staffing.
161.0531 Development agreements.
161.0535 Permits; fees, costs.
161.054 Administrative fines; liability for damage; liens.
161.055 Concurrent processing of permits.
161.061 Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.
161.071 Prosecuting officers to assist enforcement of this part.
161.081 Powers of Department of Legal Affairs.
161.082 Review of innovative technologies for beach nourishment.
161.085 Rigid coastal armoring structures.
161.088 Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.
161.091 Beach management; funding; repair and maintenance strategy.
161.101 State and local participation in authorized projects and studies relating to beach management and erosion control.
161.111 Shore erosion emergency.
161.121 Penalty.
161.131 Construction of ss. 161.011-161.212.
161.141 Property rights of state and private upland owners in beach restoration project areas.
161.142 Declaration of public policy relating to improved navigation inlets.
161.144 Policy guidance related to sand source management.
161.151 Definitions; ss. 161.141-161.211.
161.161 Procedure for approval of projects.
161.163 Coastal areas used by sea turtles; rules.
161.181 Recording of resolution and survey of board of trustees.
161.191 Vesting of title to lands.
161.201 Preservation of common-law rights.
161.211 Cancellation of resolution for nonperformance by board of trustees.
161.212 Judicial review relating to permits and licenses.
161.242 Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.