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FDEP and city investigating relocation of beach rocks

A neighbor photographed the beach rocks blocking access to Gayle Luper’s property on March 31. – Submitted

BRADENTON BEACH – The Florida Department of Environmental Protection (FDEP) and city staff are investigating the recent relocation of large beach rocks that were put in place decades ago to prevent erosion. 

On Tuesday, March 31, a backhoe operator was seen piling the rocks on the west side of the property at 2108 Gulf Drive N., thus blocking access from the cottage to the beach. The cottage and property are part of the Bungalow Beach Resort property owned by Gayle Luper. 

Tire tracks in the sand and disruption of beach areas were apparent following the recent relocation of several large beach rocks. – Leslie Lake | Sun

When speaking to The Sun on April 3, neighboring property owner Dan Ibach said, “My son called me Tuesday and said he was watching a machine piling the rocks in front of the opening of Gayle’s place and he asked me to let her know.” 

Luper’s property was rented to resort guests at the time.

“My son said he watched those people climb over the rocks to get back from the beach,” Ibach said.

According to the city, the Bradenton Beach Police Department received a call reporting the construction equipment on the beach. Code Enforcement Officer Evan Harbus then responded to the call and a neighbor photographed Harbus speaking to the backhoe operator. The nature of that conversation has not been disclosed by the city and a police department spokesperson said a report was not generated.

Code Enforcement Officer Evan Harbus spoke with the unidentified backhoe driver, who neighbors said was moving rocks in front of Gayle Luper’s beachfront property. – Submitted

On April 1, Luper sent an email to Bradenton Beach Building Official Rob Perry that said, “the city then, rightfully so, unblocked the beach access path.”

Luper’s beachfront property is located south of the Seaside at Anna Maria Island Inn, which is located at 2200 Gulf Drive N. According to the Manatee County Property Appraiser’s Office, the Seaside at Anna Maria Island Inn property is owned by Tristar Properties Acquisition Prime LLC. The Florida Division of Corporations currently lists Shawn Kaleta as the limited liability corporation’s manager.

On March 31, The Sun observed backhoe tire tracks in the sand, extending from the southern perimeter of the Seaside Inn property to Luper’s property. 

FDEP JURISDICTION 

The beach area in question is located seaward of the Coastal Construction Control Line (CCCL), which falls under the jurisdiction of FDEP. 

According to the FDEP website, Florida Statutes charge FDEP with the responsibility of protecting the beach and dune system, establishing the CCCL and regulating construction, excavation, dune vegetation removal and other activities seaward of the CCCL.

According to Florida Statute 161.041, “If a person, firm, corporation, county, municipality, township, special district or public agency desires to make any coastal construction or reconstruction or change of existing structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and physical activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial nourishment, inlet sediment bypassing, excavation or maintenance dredging of inlet channels, or other deposition or removal of beach material, or construction of other structures of a solid or highly impermeable design upon state sovereignty lands below the mean high-water line of any tidal water of the state, a coastal construction permit must be obtained from the department before the commencement of such work.” 

ROCKS PREVENT EROSION 

Some Bradenton Beach property owners and residents recall a time before the placement of those rocks on the beach, when the S-curve on Gulf Drive, in the area of 22nd Street North, would wash out during storms. 

“I remember when FDEP put those rocks in the S-curve,” Ibach said. “The area used to wash out before the rocks. These rocks were never down this far; they were in the S-curve.”

Several large beach rocks were relocated in the beach areas near the Gulf Drive North S-curve and the Bungalow Beach Resort property. – Leslie Lake | Sun

In her email to Perry, Luper wrote, “When I was very young, visiting Anna Maria Island, the S-curve road next to our rental property at 2108 Gulf Drive North would periodically wash out from storms and hurricanes. FDEP came along decades ago and engineered and installed an entire set of rocks to prevent erosion. These are the rocks in question today.”

When speaking to The Sun, Bradenton Beach Mayor John Chappie said he recalls flooding on that section of Gulf Drive prior to the placement of the rocks. He said the rocks have been an effective barrier. 

ROCKS MOVED

In her letter to Perry, Luper said that following the 2024 hurricanes, a “major developer” moved the rocks using a backhoe during the night. She said rocks were placed east to west between the Seaside property and her property, extending from near the roadway toward the waterline and “effectively expanding and enhancing their usable beach area.”

Luper noted she discovered the rocks that had been moved from the beach and remained directly in front of her property, obstructing beach access in that location.

“We reopened the path once more and it remained accessible until yesterday, March 31st, 2026, when it was blocked again,” Luper stated in her April 1 email to Perry.

“These rocks were installed by FDEP and are owned by FDEP for erosion control and are not private property of the major developer and should not be moved around by him,” Luper wrote. 

“Somehow rocks were moved around on the beach, at the end of 22nd Street,” Mayor John Chappie said at an April 2 city commission meeting. “Two property owners are part of this mix: Mr. Kaleta’s involved, and Miss Luper.”

Chappie said there was not much he could say about the matter, as it is still under investigation. 

“The matter is being investigated by Rob Perry and Evan Harbus,” Chappie said. “They’re gathering information from all involved at this time and there’s not a whole lot I can say. You will be reading about it in the paper.”

Chappie said Perry is taking the lead on the investigation and has notified FDEP. 

“There is a meeting that is scheduled with DEP,” Chappie said. “They will be here on-site with all the parties involved. City staff will be part of the meeting. It’s not open to the public.”

According to Chappie, the meeting with FDEP is scheduled for Wednesday, April 8. On April 9, Chappie, city staff and the city attorney will meet privately to further discuss these matters.