Maintaining Public Access to Open Water at Bay Drive Waterfront Park
Mayor Craig Cates
Commissioner Michelle Lincoln
Commissioner Jim Scholl
Commissioner David Rice
Commissioner Holly Merrill Raschein
09-11-2023
RE: Bay Drive Waterfront Park, Tavernier/Key Largo; Access to Open Water
Dear Mayor and Commissioners,
Last Stand supports Monroe County’s Comprehensive Plan with its many initiatives to protect and improve the quality of life of its citizens. To achieve those initiatives, many of the Comprehensive Plan’s goals, objectives, and policies emphasize protecting and preserving direct public access to water.
The issue of how to manage Bay Drive, a property that has been used for decades as a point of access to the water by residents throughout the Upper Keys’ community, has led to requests to change Sec 19-1 of our Code to allow privatization of countywide rights-of-way that end in open water. To grant those requests would have negative impacts for the larger community’s ability to maintain direct public access to open water. We know there are many such public access rights-of-way throughout Monroe County.
The Last Stand board appreciates and applauds the County for its success at better managing Bay Drive’s small public waterfront area. The creation of a Parks & Beaches Department, along with the employment of professional staff, has come a long way in resolving many user conflicts in this and other community waterfront parks.
Privatizing our public lands is not the answer. Privatization leads to less direct waterfront access for our citizens. Last Stand believes this is not the direction in which the County should move. Please continue to manage the Bay Drive “pocket park” in a way that allows local County residents to access the waterfront.
There are reasonable solutions to address the limited capacity of the Bay Drive Park. Please work with the experienced Parks & Beaches Department to explore those options. Many coastal communities throughout Florida have found solutions on how to manage waterfront areas with limited capacity without taking away public access.
For your convenience in referencing applicable regulations, the following sections are reproduced below:
Sec. 19-1. -Abandonment of rights-of-way.
All applications for the abandonment of public rights-of-way shall demonstrate the right-of-way is no longer required for public use and convenience. Any proposed abandonment must demonstrate that such action will not adversely affect public safety or convenience or otherwise have a negative impact on the county system of streets or public or private utility facilities.
(b)No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan:
Strategy 10.4 - Protect and maintain all existing public shoreline access points within the planning area.
Action Item 10.4.2 - Do not allow abandonment of county-owned land with access to the shoreline.
Strategy 10.5 - Make additional shoreline access available to the public, which offers opportunities for safe and diverse water-based activities while protecting the integrity of the natural environment and the residential community character.
Action Item 10.5.1: Make the acquisition of land with shoreline access a priority between Tavernier Creek and Mile Marker 97.
Last Stand urges you to keep the open waters of the Florida Keys accessible for our citizens and to avoid changing any existing regulations that would take those protections away.
For the Last Stand Board,
Ann Olsen, President
