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

Clients reach out for environmental and land use guidance when a project feels exciting but uncertain. Most want to move forward with confidence, but they need clarity on what regulators expect and which risks could slow them down. Common situations include:

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

Customary use matters demand a detailed understanding of shoreline history, environmental law, property rights, and the way courts interpret long standing public use. Clark Partington offers experienced legal guidance through attorney William J. Dunaway, whose background brings depth and clarity to these complex cases.

William J. Dunaway

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Environmental & Land Use / Customary Use

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.

Talk With an Attorney About Customary Use Rights

If you are a beachfront property owner, a developer, or a local government facing questions about shoreline access or public use claims, our team is ready to help. Connect with attorney William J. Dunaway for a practical assessment of your customary use matter and clear guidance on the next steps.