A new state law that will allow beachfront property owners to privatize their beaches could bring some change to beachside real estate in Flagler County.
It might also bring some controversy.
The law, HB 631, allows private beachfront property owners to deny the public access to their part of the beach from the dunes to the mean tide line. In other words, owners of oceanfront condos, hotels and private residences can extend their property lines further down the beach. Property owners can, therefore, choose to keep the public from walking on the soft, dry sand on their property.
Volusia and St. Johns counties are the only two counties in the state exempt from the law, signed by Gov. Rick Scott last month, which will take effect July 1 this year. Flagler County is subject to the law, and some real estate leaders there predict it could influence homeowners and real estate agents.
Having a private beach outside the home would definitely be a selling point for real estate agents, said Ron Wysocarski, broker and CEO of Wyse Home Team Realty in Volusia and Flagler counties.
“Being able to privatize the beach is attractive to homebuyers,” Wysocarski said. “It becomes attractive to the buyer if the beach is your land as a homeowner.”
But privatizing the beach also means denying public access to it, and that change could be unsettling to some.
“The most uncomfortable thing is this represents change. I can see that the public and longtime residents will have a problem with it,” he said.
Wysocarski said agents selling beachfront homes will likely use the privatization of the beach as a new selling point. In the way that agents point out features such as a recently replaced roof, a good location or an updated kitchen when trying to sell a home, a private beach can be a perk agents use to their advantage, Wysocarski said.
“With myself, being a marketing specialist, I’m going to use whatever tools are available to me to market homes,” Wysocarski said. “If you have your own beach, it’s imminently more attractive, and I’m absolutely going to use that.”
Many of the beachfront homes in Flagler County are already somewhat private anyway, Wysocarski said, in the sense that there isn’t much beach traffic. Unlike Volusia County, with its wide beaches, there is no beach driving in Flagler County. The public only has beach access through parks and walkovers. In sections of the beach that are lined with private residences and few, if any, public walkovers, there are not many people setting up chairs or walking across the sand compared to Volusia County.
“Right now, if your house is already on the water, you might only have a couple people walk on the beach there,” Wysocarski said. “I believe the traffic on the beach isn’t going to change much in Volusia, and there are not near as many homes in Flagler County that would be affected.”
That is why, Wysocarski said, the new law provides more of a selling point for real estate agents than a real change in privacy in most parts of Flagler County.
Matthew Wilson, three-time past president of the Flagler County Association of Realtors and broker/owner of Ion Real Estate, echoed Wysocarski’s belief. He said privatized beaches could be a good selling point for agents despite little change in foot traffic in most areas.
The privatization of beaches will impact northern Flagler County most, Wilson said, where the wider beach allows for more oceanfront properties than in Flagler Beach to the south.
“The City of Flagler Beach has very little beachfront development. They’ve done a lot to develop it by putting more public walkovers,” Wilson said. “By nature, there’s more oceanfront space in north Flagler County, and the land there accommodates for more development.”
Wilson said the new law will likely give Flagler County beachfront owners higher value for their land, especially on busier parts of the beach. He said some properties could see a rise in price.
“A private beach is always considered a plus when evaluating the property values of real estate, whether it’s a private residence or commercial,” Wilson said. “There’s a higher value if there’s less public parking nearby and not as much foot traffic on the beach.”
Wilson has worked in the real estate industry in Flagler County for 22 years. He said he thinks the law will bring notable change to the real estate market in Flagler County, but that change won’t be drastic.
“I think it will definitely have an impact. A few things will be different. That being said, I think it could also cause some controversy,” he said.
Wysocarski was less confident that property values will rise because of the new law. He was more certain, however, that a change in public access to the beach is more concerning to most than a change in property values.
Beachfront homeowners and real estate agents are heading into “uncharted waters” when the law takes effect, Wysocarski said, making it hard to tell how influential the law will be. But any changes that happen to the beachfront real estate industries in neighboring Brevard and Flagler counties — both subject to the new law — shouldn’t have much effect on Volusia County, Wysocarski said.
“It’s a big deal overall, there’s no doubt about that. It’s getting a lot of attention and stirring controversy,” Wysocarski said. “We don’t know yet, though, if the change that happens down the road will equal the emotions (the law) brings right now. We’ll have to see about that.”
Bill Navarra, president-elect of the Daytona Beach Area Association of Realtors and broker and co-owner of Realty Pros Assured, said he is thankful the legislation does not affect Volusia County, because he fears how restricting public beach access would impact tourism and the overall economy.
“It’s a very exciting time for Daytona Beach, and I’d hate to see a law like this change that,” Navarra said. “If we made our beaches where people couldn’t enjoy it, it’d hurt our economy, but it’ll be a positive thing for individuals that have those private properties.”