“A Less than Minor Project Making a More than Major Impact”

The Blue Lupine Way public beach access (Easement) has been used by the general public for over 20 years. It is at the heart of our Blue Mountain Beach Community and has provided a convenient access along the roadway whether you are on foot, dropping gear off by car or golf cart, hauling your kids (and beach gear) with a stroller or cruising to the beach on a bike. This formerly unimpeded access is as risk of being lost and needs your support. The Blue Mountain Beach Condominium Association has received an approved Development Order from Walton County to construct a gated fence that would run perpendicularly across the public beach access on Blue Lupine Way. Our last chance to make our voices heard and to stop this project is an appeal with the County Zoning Board Members. Please show your support for this Objection Appeal to Issuance of Less-than-Minor Development Order For Project #20-010489. Sign the petition to STOP THE GATE!

Easement Background

The BMB Condo Association exists today due to the guidelines and constraints of the Walton County Comprehensive Plan. In 1998, the County based their authorization to proceed with construction based on numerous terms and conditions, including:

• Public parking for beach access (5 spaces)
• Public Beach Access shall be maintained with designated parking spaces as shown on the site plan and walking/biking access is to be provided as shown on the site plan.

Provision is made for the Easement within NUMEROUS documents recorded with the County, including the Master Declaration which states:

12.8 Beach Access. Developer hereby gives and grants a non-exclusive Easement, for the benefit of the general public, for limited purposes only of pedestrian and vehicular ingress, egress, and access, over and across the walkway, biking path, and roadway on and across the Properties and across The Club Property, leading directly from the public way to the beach, and; now or hereafter used or necessary for direct access to the beach, for purposes of public beach access, and for no other purpose.

Initially the Condo Association began to construct the gated fence without applying for a permit with the Planning Department. Homeowners contacted Code Enforcement to alert the County to the Association’s attempt at obstructing the Easement. The County issued a Stop Work Order on February 18, 2021. The Condo Association continued to propose plans that prohibited the public from meaningful beach access. In addition to this bad faith behavior with the County, the Condo Association has verbally harassed the general public (including our kids) for using our Easement claiming it is private. Previous “Public Easement” signage along the access was altered by the Condo Association to imply it was “Private” in a clear attempt to dissuade the general public from using our Easement.

Despite our long-used and County granted public easement, the BMB Condo Association filed for (and was granted) a development order to limit our use.

We hope you will stand with us and STOP THE GATE!