Environmental Customary Use
Understanding and Protecting Customary Use Rights on Florida’s Beaches
Clear guidance for property owners, developers, and local governments navigating shoreline access and public use claims.
Customary use law addresses when the public may claim long standing rights to walk, sit, or recreate on privately owned beachfront property. For anyone who owns, manages, or regulates shoreline land, the question of who may legally use a particular section of beach is a significant concern. Customary use analysis helps clarify these rights so clients can protect property value, plan responsibly, and avoid costly disputes.
Clark Partington has been involved in some of the region’s most important customary use matters, including representation of private property owners in the landmark Walton County litigation. With decades of experience along Northwest Florida’s coast, our team brings essential historical context and legal insight to these complex issues
When Clients Come to Us for Customary Use Guidance
Receiving notice that the public is asserting customary use rights
Beachfront owners may learn that their land is being claimed for public recreational use, raising concerns about privacy, liability, and property value.
Evaluating beachfront property before purchase or development
Buyers and developers often want to understand whether historic public use could affect long-term plans for a site.
Addressing beach access conflicts in growing coastal communities
Local governments look to clarify rights when tourism increases, public pathways shift, or long-standing practices create renewed disagreements.
Preparing for shoreline improvements or nourishment projects
Cities, counties, and property owners need guidance on how customary use interacts with permitting, dune restoration, or new access easements.
Managing or preventing costly disputes
Clients seek clarity early to avoid litigation or, when necessary, to defend their rights in court.
How Clark Partington Helps
Customary use matters require a careful blend of legal analysis, historical research, and practical shoreline insight. Our team begins by evaluating how the beach or shoreline has been used over time, reviewing boundary lines, historic practices, and any evidence that may support or challenge public use claims.
From there, we help clients understand their options and choose the right strategy. Some matters call for negotiation. Others require a firm defense of private property rights or a decisive assertion of public access rights. We also integrate customary use analysis with broader land use, environmental, and permitting considerations so clients can make informed choices about development, improvements, or long term planning.
Clients rely on us for:
Early Assessment of Risks and Rights
We review the unique history, geography, and documentation of each property to determine whether customary use claims are likely or defensible.
Strategic Guidance for Asserting or Defending Customary Use Rights
We help clients decide whether to pursue resolution, negotiation, or litigation based on their goals and the facts at hand.
Integrated Support Across Environmental and Land Use Law
Our team considers how shoreline projects, dune restoration, access easements, or permitting may intersect with customary use.
Deep Regional and Practical Experience
We draw on firsthand involvement in the major Walton County customary use litigation and decades of coastal land use experience.
Clear Advocacy When Disputes Escalate
If customary use claims lead to conflict, we represent clients in administrative, regulatory, and judicial forums.
Your Customary Use Counsel
William J. Dunaway
Shareholder
Environmental & Land Use / Customary Use
- LL.M. in Environmental Law, The George Washington University Law School
- AV rated by Martindale-Hubbell
- Extensive permitting and regulatory experience at the local, state, and federal levels
- Leadership roles in NAIOP, the Florida Bar Environmental and Land Use Section, and regional environmental organizations
- Former Military Judge with deep courtroom and administrative litigation experience
Customary Use Insights and Resources
Customary use is a developing area of law in Florida, shaped by local history, changing shorelines, and evolving community needs. Our attorneys share updates, educational materials, and analysis to help property owners, public officials, and coastal stakeholders understand the legal and practical issues that influence beach access rights.