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The original item was published from 8/1/2023 4:16:00 PM to 8/14/2023 1:21:05 PM.

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Advisories

Posted on: August 1, 2023

[ARCHIVED] ATTENTION BEACHFRONT PROPERTY OWNERS

Last-Call-Easement

Please sign easements by August 18 so that your property can receive the benefit of free sand to restore it after the damage caused by Hurricane Ian. This is part of the Town's beach renourishment project.

The deadline has been extended to Friday, August 18, 2023 at 4:00 p.m.

The Town of Fort Myers Beach, in conjunction with the United States Army Corp of Engineers (USACE), have been replacing the sand which was washed away by Hurricane Ian on September 28, 2022. In an effort to better serve the community, FMB and USACE need to obtain easements to replace the sand lost.

There appears to be a great deal of confusion and many questions regarding a variety of issues as to the beach renourishment project, as well as easements needed for that work to take place. The following are answers to some frequently asked questions:

  • Does the placement of publicly funded sand on private property give the public the right to use or access private beachfront property?

Answer – No. The placement of publicly funded sand does not make the privately owned portion of the beach a public beach. In addition, the public does not have the right to traverse private property to reach the public beach seaward of the ECL/MHWL.  read more…

  • Why is public money being spent to place sand on properties that are owned by beachfront property owners who might be perceived by many as wealthy?

Answer – Public money is being spent on beach renourishment to protect the entire island. If the beach goes away (as sadly some of it has due to Hurricane Ian), public infrastructure and private property on the island that is not beachfront will likely suffer damages in future weather events. read more…

  • Are beachfront property owners required to sign an easement and agree to beach renourishment?

Answer – No. A beachfront property is not required to sign an easement, but without an easement, the Town will not place sand and take appropriate actions to maintain the beach in front of properties when the owners of the properties decline to sign an easement. read more…

  • Is there a form easement agreement that must be signed to get publicly funded beach renourishment, and can each property owner make changes to the form easement agreement?

Answer – There is a form easement agreement that can be viewed and downloaded on the Town’s website at www.fmbgov.com/beach. read more…

  •  When must signed easements be delivered to the Town to participate in the beach renourishment program?

Answer – There is a deadline of Friday, August 18, 2023 at 4:00 p.m. The deadline has been extended into August as the Town waits on the US Army Corps (USACE) to issue the permit. But once the USACE permit is issued, Staff will move quickly to issue the invitation to bid. Staff will make every effort to include late easements into the project, but waiting to sign may jeopardize the properties inclusion into the project. read more…

You can find more information on the Town's website at www.fmbgov.com/beach

Questions can be sent by email to Chadd Chustz, the Town’s Environmental Projects Manager, at chadd@fmbgov.com

Temporary Beach Management and Access Easement

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