§ 42-68. Public access.

Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement or other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate or relocate such public accessways so long as they are:

(1)

Of substantially similar quality and convenience to the public;

(2)

Approved by the local government and approved by the department of natural resources whenever improvements are involved seaward of the coastal construction line; and

(3)

Consistent with coastal management element of the local comprehensive plan adopted pursuant to F.S. § 163.3178.

(Code 1978, § 4-8(6)(g))