The areas in red & orange are pristine beaches in a natural state. The area in red has 3 beach access trails that are eastward extensions of the roads (the center trail is marked by the red flag in the photo). Many residents of communities in this area, and visitors, use these beach accesses because they are open to the public. 

The area outlined in red has been purchased by a developer who repeatedly emphasizes his ownership of the beach to the high-water mark which could result in them prohibiting the public from using that area of dry sand beach. You would not be able to walk across or set up your chairs and towels on this dry sand. The 3 public beach accesses would lead you to an area that leaves you with virtually nowhere to go—especially at high tide.

In a meeting by District Planning Group on 6/14/23 about the beachfront property along North Ocean Dr. in Fort Pierce Shores, they attempted to negotiate an agreement in which the residents of FPS and the public would give up all but 30’ of our 40’, 70’, and 70’ rights-of-way in order to increase the owner’s development potential – in exchange for “a dry beach access easement…providing assurance of public access to the full beach eastward of the dune”.

We believe we should be able to retain our full access rights according to the Final Judgement; and be able to continue to utilize the dry sand beach for recreation as we have done for over 60 years (doctrine of Customary Use).

In an effort to prevent such a situation, Fort Pierce Shores Preservation, Inc is engaged in an initiative to request that St. Lucie County seek a Judicial Declaration to affirm the public’s right to continue to use the dry sand beach in the areas outlined above; because the public’s use has been “ancient” (60+ years),”reasonable” (simple recreation East of the frontal dune), and without “interruption” or “dispute” [as provided for in FL Statute 163.035]. The North Beach Association would like the Judicial Declaration to apply to the entire beach from the north St. Lucie County line to the jetty in order to guarantee the public’s right to freedom of movement along the county’s beaches on North Hutch.

Sample Testimonial for Judicial Declaration on Public’s Right to Use the Dry Sand Beaches on North Hutchinson Island in St. Lucie County

We fell in love with North & South Hutchinson Islands the first time we visited in 2008. The great attraction for us has always been that it was not overdeveloped; lots of open space, natural beauty, and public access.  In other areas you can go for miles and barely get a glimpse of the ocean because it is all privately owned and gated or posted.  We rented and looked at homes for years before finding our haven in 2016 in the community of Fort Pierce Shores; it was love at first sight.  Living in this community we have walking access to the most beautiful pristine beach down natural beach paths.  These paths were dedicated to residents in our community and the public in 1963 by the corporation that founded our community, North Beach Development Co.  As it says in the Dedication, “North Beach Development Company wishes to assure all owners and occupants of lots in said subdivision of access to the Atlantic Ocean beaches lying in close proximity to said subdivision…”.

Therefore, certainly the residents of Fort Pierce Shores would never imagine that once they arrive at the beach, a community property owner might prohibit them from enjoying any portion of our community’s beachfront area East of the frontal dune.

My husband walks the beach daily, always with his Wal-Mart bag in hand, and gathers trash all across the beach, including to the top of the frontal dune.  When relaxing on the beach we usually set up our chairs and place our belongings on the dry sand, and that is where our children and grandchildren like to dig in the sand.  We have been doing this consistently since 2016, specifically on the beach along North Ocean Drive, and also along the entire beach frontage of Fort Pierce Shores.  Frankly I am affronted by the idea that some developer could come in and take our rights to this away.  I know property owners have rights; we are also property owners whose long-established rights should be protected.

I include a picture of me and my Dad, plopped on the dry sand next to the Sea Oates Dr. pathway, because at 85 years of age that was as far as he could walk.

Please send your statements and photos to:
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Epic political and legal battle between beach residents and the town’s government over who has the right to use the dry sandy portion of its gulf-front beaches.