Customary use in Walton County now runs on a parcel-by-parcel system set by a 2023 settlement and a handful of court rulings. The wet sand along all 26 miles of Gulf coast is public. On the dry sand, most private beachfront parcels allow limited public activity inside a 20-foot “Transitory Zone,” 95 parcels carry a judicial finding of full customary use, and some parcels permit no public dry-sand access at all. The 2018 state law that forced the county into court was repealed in 2025, but the settlements and judgments already entered stay in place.
Where Public Land Ends and Private Beach Begins
Florida draws the line at the mean high-water mark. Everything seaward of that line, including wet sand and water, is state-owned and open to anyone. Everything landward, up to the dune or vegetation, can be privately owned.
The boundary is not painted on the beach. It is a calculated average of high water across a 19-year tidal cycle, and it moves with erosion, storms, and renourishment. Walton County is updating its shoreline survey, so the exact line can be hard to read on the ground. The visibly wet sand is always safe. The further up the beach you go, the more the rules depend on which specific parcel sits behind you.
The Transitory Zone on Settlement Parcels
Most private beachfront parcels in Walton County are now covered by the 2023 settlement agreement that ended the county’s long-running customary use lawsuit. On these parcels, the county agreed that customary use does not exist, and in exchange participating owners agreed to allow defined public activity in a strip of sand called the Transitory Zone.1Courthouse News Service. Settlement Agreement – Walton County Florida Customary Use Case
The Transitory Zone runs 20 feet landward from the wet/dry sand line on each participating parcel. Within it, the public may:
- Walk, run, or jog at any time of day.
- Cross to the water for swimming, surfing, surf fishing, and skim boarding.
- Sunbathe between 9:00 a.m. and 4:00 p.m. Central Time, using only personal beach chairs or towels. Chairs, umbrellas, and other setups rented or provided by hotels, condo associations, or commercial beach vendors are not allowed inside the zone.
A density cap also applies: sunbathing is limited to one person per five feet of the parcel’s Gulf frontage at any given time. Property owners keep full use of their beach and can ask anyone violating the rules to move or leave.1Courthouse News Service. Settlement Agreement – Walton County Florida Customary Use Case
Parcels With Full Customary Use and Parcels With None
Walton County originally sued over 1,194 beachfront parcels. Of those, 95 ended with a judicial finding that customary use exists. On those parcels, the public’s traditional recreational rights are broader than the Transitory Zone rules and are not time-limited the way sunbathing is on settlement parcels.
Other parcels were dismissed from the lawsuit without a settlement and without a customary use finding. On those stretches of dry sand, the public may have no access rights at all. Every property owner who was represented by counsel and contested the county’s claim either obtained a dismissal with prejudice or signed a settlement, and a final summary judgment resolved the remaining parcels in early 2024.
Because the rules change parcel by parcel, Walton County’s tourism board publishes an interactive map that marks owner-managed private beach (settlement participants) separately from fully public and fully private stretches. Checking that map before you set up your chair is the most reliable way to know what you can do where you are standing.
What Happens if You’re on Private Dry Sand
The Walton County Sheriff’s Office adopted a specific procedure in October 2023 for trespassing calls on Gulf-front property.2Walton County Sheriff’s Office. Trespassing on Gulf Front Property – Standard Operating Procedure 2.1.1 Beach ambassadors respond first and try to resolve the situation by explaining the boundary rules. If that does not work, a deputy is dispatched.
Trespassing on property other than a structure or conveyance is a first-degree misdemeanor under Florida law, punishable by up to one year in jail and a fine of up to $1,000.3The Florida Legislature. Florida Code 810.09 – Trespass on Property Other Than Structure or Conveyance4The Florida Legislature. Florida Code 775.083 – Fines Most beach encounters never approach that level because the ambassador program is designed to educate first and enforce only when someone refuses to move. The criminal exposure is still real for anyone who is told to leave and does not.
The practical rule: the wet sand is yours for the full 26 miles. On the dry sand, know which parcel you are on. When you cannot tell, stay below the wet line.
What Customary Use Is, in Brief
The doctrine itself comes from Florida common law. In City of Daytona Beach v. Tona-Rama, Inc., the Florida Supreme Court held that public recreational use of dry sand next to the mean high-tide line cannot be interfered with by the owner if that use has been “ancient, reasonable, without interruption and free from dispute.”5Justia. City of Daytona Beach v. Tona-Rama, Inc. A customary use finding does not transfer ownership. The owner keeps title and can still build or use the land in any way that does not block the public’s traditional access. What the finding creates is closer to a permanent recreational easement for activities like walking, sunbathing, and reaching the water.
The 2025 Repeal and What May Change
In 2018, the Florida Legislature passed HB 631, codified at § 163.035, which barred local governments from recognizing customary use by ordinance unless a court had first declared it on a parcel-by-parcel basis. That law is what drove Walton County into court in the first place.6Florida Senate. CS/HB 631 – Possession of Real Property7Florida Senate. Florida Statutes 163.035 – Establishment of Recreational Customary Use
In 2025, the Legislature repealed § 163.035 through CS/SB 1622 (Chapter 2025-178), a companion to HB 6043.8Florida Senate. HB 6043 – Recreational Customary Use of Beaches9Florida Senate. HB 6043 – Recreational Customary Use of Beaches Counties can again adopt customary use ordinances without first obtaining a judicial declaration. The repeal does not reopen settled parcels: the 2023 settlement and the 95 judicial findings remain in force. It does open a path for Walton County to pursue customary use on parcels that were dismissed without a finding or that were never part of the original lawsuit.
A separate 2024 law, § 57.106, now requires courts to award attorney fees and costs to prevailing defendants in civil litigation over property rights, including disputes involving land bordering navigable waters. If the county brings new customary use claims and loses, it could owe the property owners’ legal bills. That exposure did not exist when the original suit was filed and will likely factor into whether the Board of County Commissioners pursues further litigation.