
Did a lawsuit spare a Florida seaside the worst of Hurricane Nicole?
COCOA BEACH, Fla. — Anyone with a pointy eye strolling alongside Cocoa Seashore Thursday afternoon would have observed just a few indicators {that a} hurricane had simply handed by means of the realm.
Moist sand on the dune crossovers, some small gullies slicing between grassy spots on the dunes and high-tide mark farther up the seaside than regular have been all hints of Hurricane Nicole’s go to.
However the informal stroller in all probability wouldn’t have observed these. As an alternative, they’d have seen houses sitting safely tucked behind grassy dunes 20 or extra yards broad above one other expanse of sand sloping gently to the ocean.
Only a few miles south, in Satellite tv for pc Seashore and Brevard County’s southern seashores, the scene was far completely different.
There, no less than 9 homes, condos and motels have been declared uninhabitable by the county as a result of they’ve been undermined by seaside erosion.
Dune crossovers and walkways have been torn aside by storm surge. Some houses sit on what are the perimeters of sandy cliffs dropping down 10 or extra ft to what stays of the seaside. In some locations, little sand is left on the seaside, exposing the rocky backside and remnants of previous seawalls that had been designed to maintain the ocean at bay.
Why the stark distinction?
Earlier reporting: A weakening Tropical Melancholy Nicole threatens Southeast with heavy rain, tornadoes
Skulls: Skulls are rising on a Florida seaside after Hurricane Nicole. Officers suppose it may very well be a Native American burial floor
Brevard’s seashores usually are not created equally

In accordance with Randy Parkinson, a coastal geologist and analysis affiliate professor at Florida Worldwide College,there are a number of components that have an effect on storm surge corresponding to delicate variations in contours alongside the ocean flooring, offshore shoals, reefs and limestone outcroppings. Additionally, a full moon, King Tide and the orientation of the shoreline relative to how waves hit makes a distinction.
“I believe it was a reminder of the precarious nature of our city relationship with the Atlantic Ocean,” Parkinson mentioned of Nicole’s erosion. “This isn’t going away, and in some unspecified time in the future it should power some troublesome choices to be made.”
Rising seas play a task that isn’t going away, both, and that is accelerating, Parkinson mentioned. “Sea degree is rising a lot sooner than it had,” he mentioned, including that the speed from Port Canaveral to Fernadina Seashore has elevated to six or 7 millimeters per 12 months, up from about 2 mm per 12 months within the early 1900s.
Even in one of the best of occasions, the seashores south of the Pineda Causeway are very completely different from these in Cocoa Seashore and Cape Canaveral.
South of Pineda, the seashores are far narrower, in some locations just some yards broad at excessive tide. And most oceanfront buildings sit simply on the crest of dunes that drop down sharply to almost flat seashores with out the good thing about a large sloping dunes.
Might the dunes there be a key?
Among the many many classes Brevard discovered from earlier storms is that native vegetation generally is a coastal dweller’s savior. Those that witnessed hurricanes Frances and Jeanne in 2004 invested in planting native vegetation on their dunes. The county additionally had various cut price sea oat gross sales to supply the erosion-preventing vegetation. Grants to plant sea grapes and different vegetation additionally helped.
However consultants say there’s is probably going one more reason why the seashores north of Pineda Causeway might have fared higher than a lot of jap Florida after Nicole: A port and a class-action lawsuit secured a lot of the House Coast’s shoreline with a 50-year federal dedication to seaside re-nourishment.
A category motion made all of the distinction

A ten-year authorized battle that employed a novel utility of condemnation legislation in 2000 gained a thick protect of sand for hundreds of residents within the communities south of Port Canaveral. The battle drew massive names, together with the late Al Neuharth, founding father of FLORIDA TODAY and USA TODAY.
Their reasoning was easy: When the federal government builds a dam alongside a river, it should compensate property homeowners who lose land to flooding brought on by the construction. So why not apply the identical idea to down-drift seaside erosion brought on by Port Canaveral being dredged and jetties constructed within the Nineteen Fifties.
In the end, greater than 300 plaintiffs joined the go well with, together with the cities of Cape Canaveral, Cocoa Seashore and Satellite tv for pc Seashore.
After a decade of authorized wrangling, in late October 1999, the federal authorities provided a 50-year seaside renourishment undertaking and a $5 million settlement to the property homeowners. Underneath the deal, the Corps would restore 13 miles of shoreline south of the port.
Now, the federal authorities usually pays simply over 60% of the price of Brevard’s large-scale seaside sand-pumping tasks, required each a number of years, with the county and state spitting the remainder of the value.
However the county’s thinner mid-section — Satellite tv for pc Seashore and Indian Harbour Seashore — needed to wait many extra years for some sand aid than most different seashores within the coated space. Giant-scale seaside “resanding” was stalled there by a uncommon reef that homes a novel marine worm.
And the county’s southernmost seashores lack the inhabitants and public entry to qualify for large-scale renourishment, so the county floated the concept of making a particular tax district to have owners to pay for the brand new sand, although it determined to make use of tourism tax {dollars} for some dune restore work following Hurricane Dorian in 2019.
Brevard’s South Seashores suffered most

Residents throughout Florida’s jap seaboard wakened Thursday to seek out seashores carved up by waves and surge, or gutted beneath buildings that now dangle dangerously oceanward and dashed goals of coastal residing for a lot of.
Whereas beachside property nearly at all times suffers probably the most when massive storms hit Florida, Hurricane Nicole has managed to indicate the disparities between Brevard’s “renourished” seashores and people who weren’t.
“I’ve not seen them this dangerous since 2004 after the mixed impact of three storms,” Mike McGarry, Brevard’s seaside renourishment coordinator, mentioned Thursday, referring largely to the injury achieved south of Pineda Causeway.
Nicole erased a lot of the dune in entrance of Oceana Oceanfront Condos in Satellite tv for pc Seashore, constructed solely three years in the past. On Thursday morning, waves pounded proper as much as a lot older houses alongside Shell Road.
At Sandpiper Towers, inbuilt 1964, ankle-deep ocean flowed by means of the parking storage beneath the condominium.
Even additional south, properties have been additionally devastated.
Because the surf waned just a little on Thursday afternoon, Stephanie Goldstein may see the deep-dune wounds Tropical Storm Nicole had inflicted on the Melbourne Seashore Resort she manages.
“We now have extreme injury,” Goldstein mentioned, as waves continued to pound the shoreline and he or she assessed the damages on the resort. “We now have no dune, in any way.”
Now the resort, previously referred to as Sandy Footwear, as soon as once more teeters dangerously on the sting of a sandy catastrophe because it did in Hurricane Matthew in 2016 and earlier than that in different storms, making the constructing and others prefer it round Brevard and the state perennial post-storm cliff hangers.
“You may see the way it simply fully caved in every part,” Kristen Toomey, one of many resort’s staff, mentioned Thursday.
“It is like the top of the world over there. It is form of surreal.”