A lawsuit that had beachfront property owners feeling hopeful about relying on seawalls to protect their homes is leaning the other way — upholding limits on coastal armor.
The fight between homeowners and the California Coastal Commission hinges on whether to allow for seawalls to defend any structure on the beach or only those built before the California Coastal Act took effect on Jan 1, 1977.
The case involves ten townhomes in Half Moon Bay (29 miles south of San Francisco), but could affect thousands of private properties and hundreds of public beaches from San Diego to the Oregon border.
According to a report by the Legislative Analyst's Office, between $8 billion and $10 billion of existing property in California is likely to be underwater by 2050.
The court battle began after a storm in 2016 sent 20 feet of bluffs crashing into the ocean in front of the townhome complex and the owners' request to build a 257-foot concrete seawall was denied by the Coastal Commission. The homeowners association for the Casa Mira townhomes sued, and won, but the commission appealed.
In a tentative ruling in October, the 1st District Court of Appeal in San Francisco agreed with the commission that homes built after the California Coastal Act took effect aren't entitled to permits to build seawalls. Under the landmark Coastal Act, permits were allowed to be issued for seawalls and other armoring to protect “existing structures.”
Since the term was never clearly defined, property owners have tried to argue a different meaning, saying it applies to any building that exists when the permit application is filed.
Attorneys for the commission argue that seawalls and other armoring — which now covers at least 33 percent of the southern California coastline — stop bluffs from eroding and beaches from naturally migrating inland. As sea levels rise, sandy public beaches are sliced thinner than ever.
Surfrider San Diego, which joined the fight against the "seawall precedent" in Half Moon Bay, argued the case could reshape the entire coast.
A final opinion on the seawall case will be issued after a Dec. 11 hearing.
A lawsuit that had beachfront property owners feeling hopeful about relying on seawalls to protect their homes is leaning the other way — upholding limits on coastal armor.
The fight between homeowners and the California Coastal Commission hinges on whether to allow for seawalls to defend any structure on the beach or only those built before the California Coastal Act took effect on Jan 1, 1977.
The case involves ten townhomes in Half Moon Bay (29 miles south of San Francisco), but could affect thousands of private properties and hundreds of public beaches from San Diego to the Oregon border.
According to a report by the Legislative Analyst's Office, between $8 billion and $10 billion of existing property in California is likely to be underwater by 2050.
The court battle began after a storm in 2016 sent 20 feet of bluffs crashing into the ocean in front of the townhome complex and the owners' request to build a 257-foot concrete seawall was denied by the Coastal Commission. The homeowners association for the Casa Mira townhomes sued, and won, but the commission appealed.
In a tentative ruling in October, the 1st District Court of Appeal in San Francisco agreed with the commission that homes built after the California Coastal Act took effect aren't entitled to permits to build seawalls. Under the landmark Coastal Act, permits were allowed to be issued for seawalls and other armoring to protect “existing structures.”
Since the term was never clearly defined, property owners have tried to argue a different meaning, saying it applies to any building that exists when the permit application is filed.
Attorneys for the commission argue that seawalls and other armoring — which now covers at least 33 percent of the southern California coastline — stop bluffs from eroding and beaches from naturally migrating inland. As sea levels rise, sandy public beaches are sliced thinner than ever.
Surfrider San Diego, which joined the fight against the "seawall precedent" in Half Moon Bay, argued the case could reshape the entire coast.
A final opinion on the seawall case will be issued after a Dec. 11 hearing.
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