Flagler County Commission makes damaging beach dunes misdemeanor punishable by $500 fine

The emergency order goes into effect immediately and violating it could also entail up to 60 days in jail.


Flagler County's repaired dunes. Photo by Sierra Williams
Flagler County's repaired dunes. Photo by Sierra Williams
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The Flagler County Commission has unanimously approved an emergency order that makes damaging the county’s sand dunes a second-degree misdemeanor.

Violating the order is punishable by a fine of up to $500 and up to 60 days in jail, according to meeting documents. County attorney Al Hadeed, a long-term champion of the county’s beach restoration projects, worked on creating the emergency order after people have continued to damage the newly restored dunes in the north end of the county.

Photos Hadeed showed the commission of recently restored dunes showed tracks of footprints crossing over the dunes, even, in some cases, directly next to the signs telling the public to stay off the dunes.

“This isn't the solution that that we were eager to pursue,” Hadeed said, “but it's like, you know, we've got to ramp up our efforts to protect these dunes.”

The commission approved the order in a 5-0 vote at its May 20 meeting. Once it is filed with the county clerk, the ruling automatically becomes law, he said. Hadeed said uniformed law enforcement as well as Citizens Observer Patrol members will patrol the beach areas and to both enforce and educate people on the new order.

Unlike an ordinance violation, which goes through code enforcement, Hadeed said the emergency order is enforced by law enforcement.

"This is a serious transgression for somebody to violate an emergency order," he said.

In 2023, the county began some of its dune restoration projects along the northern beach areas, like Varn Park and MalaCompra Park. Beginning in July, the United State Army Corps of Engineers will begin a major dune restoration on several miles of Flagler County’s shoreline.

Hadeed said a key part of preserving the dunes is allowing the planted vegetation time to take root. When people walk over the dunes, it not only damages the sand but destroys that vegetation, too, he said.

“People think they can do whatever they want,” he said.

Flagler Beach, he said, has had a lot of success with its "robust education" efforts to keep people off the dunes and use the walkovers instead. But because the county’s other beaches are significantly less populated, there’s no one around to educate or stop the people who walk across the dunes.

Commission Chair Andy Dance likened the dunes to county infrastructure.

“Education, though, is going to be critical as well,” Dance said. “We have to have an education campaign that goes along with this to be effective.”

Hadeed agreed and said the county will need to place more signs out as well. 

 

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