“We've created this safe, environmentally friendly, wonderful place for people and we would hate to see this covered by rocks,” said Bill Dickerson, a Las Vegas resident who owns the home at 501 First St. with his wife, Heidi.

Officials from local, state and federal agencies say the Dickersons and their next-door neighbors, Larry and Penelope Gunning of Scottsdale, Ariz., didn't get government approval before creating the 162-foot-long beach. The owners' contractor also built a concrete-block wall without permits, a portion of which Port of San Diego officials say is on state property it maintains.

Authorities discovered their makeshift mini beach in June 2006. In October, the regional water board ordered the neighbors to remove the wall and stabilize the shoreline. The deadline to do so was July 2.

Frank Melbourn, an investigator for the water board, said the agency postponed that deadline because it believed the owners were waiting for a permit from the U.S. Army Corps of Engineers allowing them to replace the rocks.

Dickerson said he is waiting for the corps permit, but also appealing the regional board's decision to the State Water Resources Control Board. He said he would like to keep the beach open for public use.

Dickerson said many people have enjoyed the beach since the rocks and debris were removed.

“People come here and swim and walk their dogs,” he said. “Someone set up an umbrella on the beach the other day. It was packed on the Fourth of July.”

The issue began more than two years ago after the Dickersons' contractor received approval from the port, the corps and water board to replace the riprap on their bayfront with clean rocks. The riprap – a mix of rock, concrete, asphalt and pieces of lumber – was dangerously sharp and filled with litter, Dickerson said. The riprap was removed and the wall built. Dickerson's contractor did similar work for the Gunnings, at 505 First St., but without permits. After authorities discovered the wall, they revoked all approvals.

Port officials worry that the absence of riprap will destabilize the shoreline and harm eelgrass, a type of sea grass that grows in beds on marine floors.

Dickerson disagrees. A biologist contracted to observe and monitor the eelgrass recorded normal seasonal fluctuations, he said. Dickerson differs with other rulings from the water board about the wall as well. Dickerson said his measurements show the wall is not 7 inches on state land as authorities have said. He also said the structure is a retaining wall that will support the underground portion of a home he is building. It was never intended as a sea wall, he said.

“Were mistakes made?” Dickerson said. “Yes. Let's rectify it. If they want us to cut the 7 inches off, then we'll do it. If they want us to put the rocks back on, then we will. But we're still going to appeal and try to get the beach back.”

He said more than 200 residents have signed a petition in support of keeping the beach.