Belleair Shore to appeal beach boundary ruling

BELLEAIR SHORE — Despite not knowing what it will cost, town commissioners voted July 21 to appeal a state decision denying their request to vacate a longstanding beach boundary between public and private properties.

The unanimous vote authorizes the town to seek a hearing before a state administrative law judge challenging the Florida Department of Environmental Protection's denial of Belleair Shore's petition to remove the so-called erosion control line, or ECL.

Commissioners of the tiny and wealthy beach town, between Clearwater and Indian Rocks Beach, also unanimously authorized Mayor Steve Blume to select outside legal counsel to represent the town, rather than bringing the decision back to the commission for approval.

Town Attorney Daniel Lewis told the commission it has until 5 p.m. Aug. 7 to file its petition. Lewis recommended hiring special litigation counsel, saying the appeal falls outside his area of expertise.

He said he had received proposals from Tallahassee attorney Ed Steinmeyer at $435 an hour and St. Petersburg attorney David Smolker at $475 an hour. He also was awaiting information from a third firm.

Lewis said he could not estimate the cost of the litigation.

"It'll be costly," he said. "It's going to be a significant financial investment if the town wants to proceed forward with it."

Despite the uncertainty, commissioners said allowing the appeal deadline to pass would effectively end the town's challenge.

"The entity that declined it used every opportunity to avoid the facts," Blume said, referring to the DEP. "We need to be the one to lead the charge."

The ECL separates publicly owned beach areas from privately owned uplands.

Belleair Shore argues the boundary was improperly established decades ago and should be vacated. Opponents, including neighboring Belleair Beach and Pinellas County officials, contend removing it could shift ownership claims farther seaward and ultimately diminish public rights along the shoreline.

In a final order issued last month, DEP concluded the original Sand Key beach nourishment project was completed as required and that state law does not authorize removing only a portion of the erosion control line. The agency therefore denied the town's petition.

Following the town's vote, Belleair Beach City Council member Frank Bankard urged the Pinellas County Commission to intervene. In an email, he said preserving the erosion control line is essential to Florida's coastal management system and warned that removing it in Belleair Shore could encourage similar challenges elsewhere in the state.

Lewis said that even if the town does not prevail, individual beachfront property owners could pursue their own legal challenges because the applicable state law does not require a municipality to bring such claims.