Magistrate gives property owner 90 days after unauthorized clearing; warns steep fines can accrue

Walton County code compliance officer Greg Forehand told the magistrate he had inspected 298 Smith Drive and found unpermitted clearing in an area that requires a clearing permit and full development order given its location south of Choctawhatchee Bay.

Forehand said the owner attempted to obtain permits but a clearing permit had been denied in February because the location required a full development order. The owner’s representative, Dean Burgess of Emerald Coast Associates, told the hearing the clearing was not intentional vandalism: a contractor clearing underbrush for a survey exceeded the intended scope and cleared more than needed. Burgess told the magistrate his client intends to pursue a zoning change and development order for a possible boat- and RV-storage lot but warned the rezoning and development-order process could take several months.

Forehand recommended at least 61 days; the magistrate said he was limited to 90 days and issued that maximum, setting a compliance deadline of Aug. 12. The magistrate also imposed a $150-per-day fine if the property is not brought into compliance by that date and noted that the county has a process for seeking fine reductions if the owner can show active progress toward permitted approvals.

The magistrate’s order finds a violation of the Walton County Land Development Code clearing-permit subsection and reflects staff’s view that damage to wetlands and the need for a development order make the matter more complex and time-consuming to resolve.