Indian Shores approves ordinance protecting public beach use

INDIAN SHORES — Beachgoers here now have a local ordinance recognizing their right to enjoy privately owned stretches of sand without needing permission from beachfront property owners.

The Town Council voted 5-0 Oct. 13 to approve a customary-use ordinance recognizing the public's right to walk, sunbathe, fish and engage in other recreational activities on privately owned portions of the beach.

The measure also could help secure federal funding for future beach renourishment projects.

Before the vote, a beachfront condominium owner told the council the ordinance's wording, particularly its 15-foot buffer between public beach activities and private structures, needed clarification.

“This is a powerful ordinance,” said Rick Thornberry, a resident of Sunburst Cove condominiums. “And we need to have clarity and precision.”

Thornberry questioned how the buffer would be measured and whether activities not specifically listed in the ordinance, such as playing games or exercising, would be permitted.

Town officials said the wording is similar to ordinances adopted by neighboring barrier-island communities. Town Attorney Noah Daiker explained that the list of permitted activities provides examples rather than an exhaustive list of recreational uses.

The council approved the ordinance without changes.

The vote marks another step toward ending a decade-long dispute over beach access that has repeatedly stalled federally funded renourishment projects.

In May, Pinellas County and the U.S. Army Corps of Engineers reached an agreement allowing local customary-use ordinances to help satisfy federal public-access requirements, eliminating the need for perpetual public-access easements that some beachfront property owners have refused to sign.

“Pinellas County has been very involved with the drafting of this ordinance,” Daiker told council members Sept. 9. “They have reviewed it multiple times and submitted comments and edits, and it's been a joint effort between the town and the county in the drafting of this.”

The county also has been collecting historical evidence of public beach use in Indian Shores and neighboring Redington Shores, including photographs, newspaper articles and sworn statements from longtime residents and visitors.

During a recent presentation to Redington Shores officials, Pinellas Public Works Director Kelli Hammer-Levy said the county had collected about 674 pieces of historical documentation in that town, dating from 1930 to 2020.

She said researchers discovered that Indian Shores was once known as Indian Rocks Beach South Shore, allowing them to uncover additional historical material.

The documentation could be important if the customary-use ordinances face legal challenges. According to the county, there is no specific number of documents or witnesses required, but the more historical evidence collected, the stronger the case for customary public use.

The county says the entire Sand Key renourishment project could be affected if even one community fails to meet federal eligibility requirements.

Since 2015, the Army Corps had required beachfront owners to grant perpetual public-access easements before their properties could participate in federally funded renourishment projects.

Many refused, leaving gaps in the restored beaches and reducing the storm protection that a continuous stretch of sand would provide. The resistance was concentrated in Indian Shores, Redington Shores and Indian Rocks Beach, which adopted a customary-use ordinance in 2018.

The stalemate left the county without federal funding for its post-hurricane beach restoration project. County commissioners ended up paying for the $125.7 million project with tourist tax money and state grants to restore beaches damaged by back-to-back hurricanes in 2024. The work was completed in December 2025.

Hammer-Levy said the Corps has begun environmental work for the next project, targeted for construction in 2030, with easement acquisition expected to begin in 2027.

The Indian Shores ordinance recognizes public recreational use of dry-sand beaches, including privately owned portions. It permits walking, sunbathing, fishing, picnicking, beach chairs, umbrellas and other recreational activities.

The 15-foot buffer extends seaward from dunes or permanent habitable structures on private property, with exceptions for areas seaward of the erosion control line and recorded public-access easements.

The ordinance states that public recreational use has been “ancient, reasonable, uninterrupted, and free from dispute.”

During the Sept. 9 hearing, Mayor Diantha Schear pointed to a monument honoring the Tocobaga people at Tiki Gardens as an example of the area's long history of beach use. The bronze sculpture, unveiled in 2022, was modeled after the town's logo.

“It certainly is an ancient representation of customary use on our beaches,” she said.