Highland Beach commission delays ordinance on hard‑surface access to seawalls, sends draft back for revisions

The Town of Highland Beach Town Commission on July 9 opened debate on a proposed ordinance that would allow hard surfaces to extend beyond private property lines to provide access to seawalls, docks or adjacent shoreline areas, then agreed to send the draft back to staff and a working group for further redrafting rather than vote on it.

Town planner Ingrid Allen presented the draft and packet materials, describing the background for the change and showing diagrams of property lines and seawall configurations. Allen noted the proposal grew from a prior recommendation and a special‑exception approval for a property at 2564 South Ocean Boulevard. In her presentation she showed an example where a new seawall sits 3 feet, 5 inches seaward of the property line and explained how the current draft treats seawall caps and related walkways.

Member Bobby, who circulated a packet to commissioners, urged a narrower, practical approach. He said he favored adopting language used by another municipality to permit a one‑time new seawall placement up to 18 inches seaward of an existing seawall and argued that a narrow 6‑inch strip that results from a 24‑inch cap should not be forced to be pervious. “So we're talking about a 6 inch strip of land that we're making a big deal out of,” Bobby said. “I don't think for a 6 inch strip of land, we should tell them they've gotta do grass.”

Other commissioners pressed for clarity about what change was being proposed and whether it was prudent to approve the ordinance now. A commissioner asked whether the commission was voting on Bobby’s amendment or simply revising the draft; Bobby replied he intended to amend and expand the ordinance language to mirror the outside example and to retain ordinary limits elsewhere.

Staff and commissioners also raised a statutory constraint. Allen told the commission the town must respect a state limitation referred to in the record as “Senate Bill 180,” which restricts the town’s ability to adopt standards that are more restrictive in some areas. Commissioners noted the state timeline for changes and that some desired options could only be implemented after the statute’s restrictions lapse. The planner confirmed the draft had been reviewed by Town Attorney Rubin for legal sufficiency.

Several members cautioned against making numeric exemptions or on‑the‑fly edits during a meeting, arguing that small measurement differences (for example, whether a strip measures 6.5 inches instead of 6 inches) could create enforcement and drafting problems. One commissioner said approving now and attempting to fix problems later would likely produce “a hodgepodge.” Another member suggested forming a working group to produce a clean redraft and then re‑advertise the ordinance for a future meeting.

Commissioner Eileen (addressed by another member during discussion) said she would be willing to approve a narrower change limited to dock access only, while other commissioners recommended a more careful rewrite that addresses definitions (including what constitutes a “hard surface”) and measurement points. Staff pointed commissioners to code language in section 30‑66(c)(1)(a) referencing walkways, patios and other hard surfaces but said the draft did not include a comprehensive definition.

Rather than vote on the current draft, the commission instructed staff to work with commissioners in a small working group to refine the ordinance and to re‑advertise it for a future meeting. Council members confirmed that no formal vote was taken at the July 9 session and that the item will return after redrafting. Staff announced the next meeting is scheduled for August 13, 2026 at 9:30 a.m., and the meeting adjourned at 9:59 a.m.

What happens next: staff will collaborate with commissioners on a redraft that addresses measurement points, the definition of hard surface, and any statutory constraints, and will re‑advertise the ordinance for a subsequent commission meeting.