1990 Land Use Plan-1991

PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
L
PLEASE DO NOT REMOVE -
CITY OF SOUTHPORT, NORTH CAROLINA
1990 LAND USE PLAN
PREPARED FOR
THE CITY OF SOUTHPORT, NORTH CAROLINA
BY
T. DALE HOLLAND CONSULTING PLANNERS
DECEMBER, 1990
Adopted by the City of Southport: December 13, 1990
Certified by the CRC: February 1, 1991
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management Program,
through funds provided by the Coastal Zone Management Act of 1972,
as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric
Administration.

CITY OF SOUTHPORT, NORTH CAROLINA
1990 LAND USE PLAN
PREPARED FOR
THE CITY OF SOUTHPORT, NORTH CAROLINA
BY
T. DALE HOLLAND CONSULTING PLANNERS
DECEMBER, 1990
Adopted by the City of Southport: December 13, 1990
Certified by the CRC: February 1, 1991
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management Program,
through funds provided by the Coastal Zone Management Act of 1972,.
-as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric
Administration.

SOUTHPORT, NORTH CAROLINA
1990 LAND USE PLAN
TABLE OF CONTENTS
SECTION I: ANALYSIS OF EXISTING CONDITIONS
Page
A..Establishment
of Information Base
I-1
B.
Population, Housing and Economy
I-3
1. Population
I-3
a) Permanent Population Growth, 1970-88
I-3
b) Composition and Age
I-5
c) Seasonal Population
I-7
2. Housing Characteristics
I-8
'
3. Local Economy
I-12
C.
Existing Land Use
I-15
1. Urban and Developed Land
I-15
a) Residential
I-15
b) Commercial
I-20
c) Industrial
I-21
r}
d) Institutional
I-21
1111
e) Transportation and Public Utilities
I-21
f) Vacant Land
I-21
2. Existing Land Use Problems
I-22
3. Development Potential
I-23
4. Existing Ordinances and Land Use Controls
I-24
a) Zoning Ordinance
I-24
b) Subdivision Regulations
I-24
c) Planned Residential Development Ordinance
I-24
d) Master Drainage Plan
I-24
e) North Carolina State Building Code
I-24
f) Federal Flood Insurance Program
I-25
g) Southport Revitalization Plan
I-25
h) City of Southport Waterfront Access Plan, 1989
I-25
i) City of Southport 1986 CAMA Land Use Plan
I-25
j) Brunswick County Thoroughfare Plan
I-26
k) Impact Fee Ordinance
I-26
D.
Development Constraints: Land Suitability
I-27
(�
1. Topography/Geology
I-27
u
2. Flood Hazard Areas
I-27
3. Soils
I-27
4. Manmade Hazards/Restrictions
I-30

Page
5. Fragile Areas
I-32
a) Coastal Wetlands
I-32
b) Estuarine Waters
I-32
c) Estuarine Shorelines
I-32
d) Public Trust Areas
I-34
e) Historic and Archaeological Sites
I-34
f) Freshwater Wetlands
I-35
6. Areas of Resource Potential
I-36
a) Agricultural and Forest Lands
I-36
b) Public Parks
I-36
c).Marine Resources
I-36
F.
Development Constraints: Public Facilities
I 37
1. Water Supply
I-37
j�
2..Sewer
I-37
3. Solid Waste Disposal
I-40
4. Schools
I-40
5..Transportation
I-40
6. Police, Fire, Emergency Medical
I-42
7. Recreation
I-44
8. Drainage
I-46
L!
9. Health Services
I-47
SECTION II: PROJECTED LAND DEVELOPMENT ANALYSIS
II-1
A.
Projected Demand for Development
II-1
n
1. Demographic Trends
II-1
u
2. Commercial and Industrial Land Use
II-1
3. Housing Trends
II-3
4. Public Land Use
II-4
5. Areas Likely to Experience Major Land Use Changes
II-4
Summary
II-4
B.
Projected Public Facilities Needs/Availability
II-7
Annexation Plans
II-7
C.
Redevelopment Issues
II-10
Goals
II-10
Recommendations
II-10
D.
Intergovernmental Coordination & Implementation
II-11
Il SECTION III: POLICY STATEMENTS
III-1
A. Resource Protection Policy Statements III-2
B. Resource Production and Management Policies III-5
C. Economic and Community Development III-5
D. Continuing Public Participation Policies III-9
E. Storm Hazard Mitigation, Post -Disaster Recovery, and III-9
Evacuation Plans

Q
Page
SECTION IV: LAND CLASSIFICATION SYSTEM
IV-1
SECTION V: RELATIONSHIP OF POLICIES AND LAND
CLASSIFICATIONS
V-1
L.� A. Developed Class
V-1
B. Urban Transition Class
V-1
C. Conservation Class
V-1
APPENDICES
Appendix I City of Southport Citizen Participation Plan
Appendix II City of Southport Land Ownership Map
j� Appendix III Subchapter 7H - State Guidelines for Areas
j� of Environmental Concern
LIST OF TABLES
Page
Table 1: Total Year -Round Population Projections by
I 4
Township and Municipality - Brunswick County, 1970-88
Table 2: Population Characteristics by Age Group -
I-6
Southport and Brunswick County, 1970-88
Table 3: Percentage Change in Population by Race and
I-7
Sex - Southport and Brunswick County, 1970-88
Table 4: Summary Housing Units - Southport and Brunswick
I-9
County, 1980-88
Table 5: 1980 Census - City of Southport Housing Summary
I-9
Table 6: Median Per Capita Income, 1979-85 - Southport,
I-12
Brunswick County, North Carolina
/+
U Table 7: Employed Persons 16 Years and Older by Industry
- I-12
City of Southport, 1980
Table 8: Poverty Status - City of Southport, 1980
I-13
Table 9: Existing Land Use within City Limits
I-17
Table 10: Existing Land Use within Extraterritorial
I-18
Jurisdiction
Table 11: Existing Land Use within Total Planning
I-19
Jurisdiction

Page
Table 12:
Recreation Facilities, City
of Southport
I-44
Table 13:
Drainage Improvements, City
of Southport
I-46
Table 14:
Total Year -Round Population
Projections by
II-2
Township
and Municipality - Brunswick
County, 1988-2000
Table 15: Forecast Land Use within Total
Jurisdiction
Planning
II-5
ULISTOF OF MAPS
Map
1 -
Community Development Projects and Minority
I-11
and Low to Moderate Income Concentrations
Map
2 -
Existing Land Use
I-16
Map
3 -
Flood Hazard Areas
I-28
Map
4 -
Soils Map
I-31
Map
5 -
Areas of Environmental Concern
I-33
Map
6 -
Water System
I-38
Map
7 -
Sewer System
I-39
Map
8 -
Thoroughfare Plan, Southeastern Brunswick County
I-43
Map
9 -
Community Facilities
I-45
Map
10
- Key Development Areas
II-6
Map
11
- Possible Annexation Areas
II-8
Map
12
- Flood Hazard Map
III-16
Map
13
- Land Classification Map
IV-3

SECTION I: ANALYSIS OF EXISTING CONDITIONS
A. ESTABLISHMENT OF INFORMATION BASE
This 1990 Land Use Plan Update for the City of Southport has been
prepared in accordance with requirements of the North Carolina
j1 Coastal Area Management Act (CAMA). Specifically, this document
complies with Subchapter 7B of Chapter 15A of.the North Carolina
Administrative Code.
According to the Land Use Planning Guidelines, the major purpose
of developing local land -use plans is to address issues and adopt
policies that guide the development of a community. This includes
LY the development of a "Storm Hazard Mitigation, Post -Disaster
Recovery, and Hurricane Evacuation Plan." This element is designed
to help local governments effectively coordinate policies and actions
relating to the impact of hurricanes or other severe storms.
The guidelines further give the following objectives the plan
should meet:
-- Identification of existing constraints to development, land
use incompatibility problems, and environmentally -sensitive
areas.
' -- Provision of land use guidelines to assist private indi-
viduals in supporting local government commitment to planned,
environmentally sound residential/commercial development
-- endeavors.
Analysis of intergovernmental issues and incorporation of
local land use policies into the regional, state and federal
planning framework.
-- Provision of policy decisions that will allow more efficient
n and equitable review of permit/grant requests by state and
federal agencies.
-- Establishment of an initial planning data base that will
allow cost-effective review and updating of the land use
�.j planning document in the future.
A number of data sources were tapped during the preparation of
this plan in order to prepare analyses of population, housing, the
economy, and existing land uses. Most of the data came from primary
and second sources in the form of direct contacts with city
officials, representatives of various state and federal agencies,
and/or previously published documents or reports. Also, "windshield"
surveys were conducted to obtain data on existing land use patterns.
Efforts were made to obtain data that was as up to date and accurate
as possible. Several public meetings were held with the Planning
Board in order to solicit citizens' input on identifying preliminary
land development issues. Appendix I provides a copy of the city's
Citizen Participation Plan.
I-1

Listed below are some of the sources and documents utilized
during preparation of this Land Use Plan:
-- Brunswick County 1987 Land Use Plan Update
-- City of Southport 1986 Land Use Plan Update
-- USDA, Soil Conservation Service, Brunswick County
-- NCDOT, Planning and Policies Section
-- City of Southport Staff.
-- Brunswick County Schools
-- North Carolina Office of State Budget and Management
--. North Carolina Division of Archives and History
--_ City of Southport Comprehensive Drainage Plan
-- Flood Insurance Study, City of Southport, 1985 (FEMA)
- City of Southport Zoning Ordinance
-- City of Southport Volunteer Fire Department
-- North Carolina Division of Community Assistance
-- North Carolina Division of Coastal Management
I-2

B. POPULATION, HOUSING AND ECONOMY-
1. Population
a) Permanent Population Growth, 1970-1988
The rate of population growth in Brunswick County has
increased significantly since 1970. Based on U.S. Census Bureau
data, the county's population grew at an average annual rate of 4.8%
. from 1970 to 1980. From 1980-1988, the Brunswick County Planning
Department estimated that the average annual population growth rate
increased to 7.4%. For the past two decades, Brunswick County has
been the second fastest -growing county in North Carolina, ranking
only behind Dare County and well ahead of other rapidly -growing
coastal counties such as Carteret and Currituck. In fact, based on
Brunswick County Planning Department population figures published in
April, 1988, Brunswick County was the fastest -growing county in the
state from 1980-88.[l]
As Table 1 indicates, the rapid population growth in
Brunswick County as a whole since 1970 has been paralleled by signif-
icant growth in the county's incorporated areas over the same period.
Several new communities have been incorporated since 1970, and the
county currently includes more municipalities than any other North
Carolina county. Throughout the past two decades, the county's
incorporated beach communities have had the highest growth rates in
the county. Since 1970, Brunswick County municipalities have grown
slightly faster than the unincorporated areas of the county.
However, it is significant that the unincorporated areas of the
county have grown faster than the municipalities since 1980.
Smithville Township, which contains the City of Southport,
was only the fourth fastest -growing of the county's six townships
from 1970-88, and from 1980-88. The relatively moderate rate of
growth in Smithville Township over the past two decades was largely
the result of moderate population growth in the City of Southport
relative to the rate of growth for the township, county, and county's
municipalities in general. From 1970 to 1988, Southport's 43.6%
population increase was the fourth lowest percentage increase for all
n
Brunswick County areas (municipalities and unincorporated areas)
I'( Ill Note: The April, 1988, estimates of population prepared by the
Brunswick County Planning Department exceed the July, 1988, Brunswick
County population estimates compiled by the N.C. State Data Center by
almost 12%. Additionally, the Planning Department's estimated 1988
population for Southport is 13% less than the State Data
Center's estimate. The Planning Department's estimates are primarily
based on an empirical enumeration of housing units, while the State
Data Center estimates are based on a statistical model created
through analysis of birth/death rates and migration trends. This
study will rely on the estimates prepared by the Brunswick County
Planning Department, since the housing unit approach is considered to
be more accurate than the other approach.
L I-3

Table 1 : Total Year-round Population Projections
tl
by Township and Municipality
Brunswick County, 1970-1988
[See Note
11
Township Municipality or Area
Year-round Population
Percent Increase
Overall
1970
1980
1988
170-180
180-188 170-188
1) Lockwood Folly Bald Head Island
37
-
-
-
Holden Beach
136
232
368
70.6%
58.6%
170.6%
Shallotte*
417
475
475
13.9%
0.0%
13.9%
Unincorporated Areas
4,195
6,654
11,666
58.6%
75.3%
178.1%
Total Township
4,748
7,361
12,546
55.0%
70.4%
164.2%
2) Waccamaw Total Township
1,681
2,022
2,773
20.3%
37.1%
65.0%
3) Northwest Navassa
487
439
532
-9.9%
21.2%
9.2%
Unincorporated Areas
2,869
5,697
7,894
98.6%
38.6%
175.1%
Total Township
3,356
6,136
8,426
82.8%
37.3%
151.1%
4) Shallotte Calabash
180
128
221
-28.9%
72.7%
22.8%
Ocean Isle Beach
78
143
564
83.3%
294.4%
623.1%
Shallotte*
180
205
521
13.9%
154.1%
189.4%
Sunset Beach
108
304
646
181.5%
112.5%
498.1%
Unincorporated Areas
4,331
5,762
11,014
33.0%
91.1%
154.3%
Total Township
4,877
6,542
12,966
34.1%
98.2%
165.9%
5) Smithville Caswell Beach
28
110
353
292.9%
220.9%
1160.7%
Soatkx t
2,220
2,824
3,188
27.296
12.9t
43.6%
Long Beach
493
1,844
2,987
274.0%
62.0%
505.9%
Yaupon Beach
334
569
758
70.4%
33.2%
126.9%
Unincorporated Areas
1,271
1,491
2,249
17.3%
50.8%
76.9%
Total Township
4,346
6,838
9,535
57.3%
39.4%
119.4%
6) Town Creek Belville
59
102
60**
72.9%
-41.2%
1.7%
Bolivia
185
252
274
36.2%
8.7%
48.1%
Boiling Spring Lakes
245
998
1,795
307.3%
79.9%
632.7%
Unincorporated Areas
4,726
5,526
8,591
16.9%
55.5%
81.8%
Total Township
5,215
6,878
10,720
31.9%
55.9%
105.6%
Total Municipalities
5,150
8,625
12,779
67.5%
48.2%
148.1%
Total Unincorporated Areas
19,073
27,152
44,187
42.4%
62.7%
131.7%
Total County
24,223
35,777
56,966
47.7%
59.2%
135.2%
Sources: North Carolina State Data Center,
Office of State Budget and Management
Brunswick County Planning Department, "Population and Housing Counts, 1980-1988"
* Part of municipality in this township
** Belville 1988 population source is 1988
Belville CAMA LUP
Note 1: In 1989, the Town of Leland, located in northeastern Brunswick
County, was
incorporated. Based on 1980 census data,
the town has over 2,200
residents
and is the third largest town in
Brunswick County.
LL
I-4 0

Li
listed in Table 1. The average annual percentage increase in
population in Southport slowed from 2.7% during 1970-1980 to 1.6%
during 1980-1988, while the county's annual growth rate increased
substantially during 1980-88 compared to the previous decade.
However, Southport is still the county's largest municipality, and
(j ranked behind only Boiling Spring Lakes and Long Beach in terms of
municipal numerical population increase from 1970-1988.. Also,
the 12.9% increase in Southport's permanent population from 1980-1988
exceeded North Carolina's 10.3% population growth increase over the
same period. Recent population growth in Southport has thus had a
very significant impact on community facilities demand, economic
conditions, and housing demand in the city since 1970. Understanding
�j and predicting the pattern of population growth within the city is an
integral part of developing land use strategies.
The major reason for rapid population growth in Brunswick
County since 1970 has been an increase in net migration. More people
are moving into the county than moving from the county to other
areas. The trend of rapid migration into Brunswick County is
documented by the fact that 87% of the county's population from
1980-1986 was attributable to net migration. Over the same period,
only 51% of the state's total population increase was due to migra-
tory factors. Although Southport has not experienced the dramatic
j� growth in retiree/recreational housing evident throughout the
county's beach communities, much of the city's recent growth is
associated with its proximity to waterfront/recreational resources.
Also, the availability of water and sewer service, an established
central business district, and the generally quiet, residential
quality of the city have been responsible for attracting retirees,
n younger professionals, and individuals interested in establishing
it retail/service businesses.
The preliminary 1990 census count indicated a total city
population of 2,323. Southport contests this figure and strongly
believes the 1990 population to be much higher. The 1989 North
Carolina Office of Budget and Management estimate was 3,568. The
�r demographic and economic trends which are indicated in this plan for
the 1980-1988 period are expected to continue through 1990.
b) Composition and Age
The N.C. State Data Center does not estimate population by
race, sex, or age for municipalities for intercensal years. Tables 2
and 3, below, were compiled using 1970 and 1980 U.S. Census data for
Brunswick County and Southport, and 1988 population estimates by
race, sex and age for Brunswick County prepared by the N.C. State
Data Center. To estimate Southport's 1988 population in terms
of race, sex and age, it was assumed that various segments of the
city's population continued the same pattern of relative growth from
�j 1980-88 as was displayed from 1970-80.
1.�

a
Table 2: Population Characteristics
By Age Group - Southport and Brunswick County
1970-1988
Age Group Percentage of Total Population
Southport Brunswick County
1970 1980 1988* 1970 1980 1988*
0-4
5.5%
4.7%
4.4%
9.6%
7.4%
7.7%
5-18
28.4%
24.4%
22.9%
29.7%
24.6%
21.0%
19-44
30.9%
31.8%
32.3%
31.7%
36.3%
38.0%
45-64
22.3%
21.4%
21.1%
20.6%
21.0%
20.8%
65 and up
12.9%
17.7%
19.3%
8.4%
10.7%
12.5%
Total 100% 100% 100% 100% 100% 100%
Sources: North Carolina State Data Center, Office of State Budget
and Management
*Brunswick County Planning Department, "Population and
Housing Counts, 1980-1988"; T. Dale Holland Consulting
Planners
Table 2 clearly indicates that the median age of the
Southport and Brunswick County populations has increased since 1970.
In Southport, the percentage of individuals 65 and older grew signif-
icantly from 1970-88. The 1988 percentage of elderly individuals in
Southport (19.3%) was well above the county and state percentages.
(The 1988 percentage of population 65 and older for North Carolina
was only 12.0%. )
While the elderly population in Southport has been increas-
ing, the percentage of preschool and school -age population has
decreased, although not as much as the percentage for the entire
county. The increase in the percentage of the age 19-44 population
in Southport from 1970-1988 was not as great as the increase in that
age group for the county as a whole, and the overall percentage of
individuals in Southport aged 44 and above is much higher than the
percentage for Brunswick County as a whole. One reason for the more
elderly population in Southport is that the town has not attracted as
high a percentage of incoming young couples and single working people
as the beach communities and developing unincorporated areas of
Brunswick County since 1970. Southport's new single-family housing
prices are relatively high for first-time investors, and there is not
an abundance of affordable multi -unit development in the city. Also,
Southport, as an established residential community, has historically
had a higher median age than the county as a whole.
I-6

11
Table 3, below, outlines the changes in racial composition
and sex for the Southport and Brunswick County populations since
1970.
Table 3: Percentage Change in Population
i.r By Race and Sex - Southport and Brunswick County
1970-1988
Percentage of Total Population
Southport Brunswick County
1970 1980 1988* 1970 1980 1988*
�( Male Population 47.4% 48.4% 48.8% 49.8% 49.2% 48.7%
1� Female Population 52.6% 51.6% 51.2% 50.2% 50.8% 51.3%
Total Population 100% 100% 100% 100% 100% 100%
White Population 61.5% 72.1% 76.6% 70.4% 76.3% 80.3%
Non -White Population 38.5% 27.9% 23.4% 29.6% 23.7% 19.7%
Total Population 100% 100% 100% 100% 100% 100%
Sources: North Carolina State Data Center, Office of State Budget
and Management
*Brunswick County Planning Department, "Population and
i Housing Counts, 1980-1988"; T. Dale Holland Consulting
' Planners
The percentage of male population in Southport has increased
since 1970, while the county percentage of male population has
decreased. Southport's relative percentages of male/female popula-
tion are quickly approaching the relative percentages for the county
as a whole.
Historically, the non -white population percentage in
Southport has been higher than the non -white population percentage
throughout all of Brunswick County. Since 1970, the percentage of
non -whites in Southport has decreased from 38% to 23%, bringing the
city's non -white percentage closer to the county's non -white percent-
age. This drop in the percentage of non -white population is
partially attributable to migratory factors; i.e., the populace
migrating into Southport since 1970 has been almost entirely white,
and there has also been an exodus of non -whites from the city to
outlying areas. The net reduction of over 100 non -white individuals
in Southport since 1970 may also be partially the result of a higher
death/birth rate for the non -white population, since the median age
has risen considerably for the city's population since 1970.
c) Seasonal Population
L4 Although it is located close to several beach communities
that experience major increases in population due to the annual
influx of overnight tourists and seasonal occupants, Southport only
experiences a moderate population increase during the summer months.
Despite its distinct waterfront character, Southport appears more
like inland Brunswick communities such as Shallotte and Bolivia than
a beach community like Long Beach or Ocean Isle Beach in terms of
seasonal/permanent housing and population characteristics.
r I-7
l�

In 1980, 87% of Southport's total housing units were occupied
by year-round residents. Of the remaining (vacant) units, none were
classified as strictly "seasonal" by the U.S. Census Bureau, and only
5% of the vacant housing units were "held for occasional use," or
possible seasonal units. According to the Brunswick County Planning
Department, it is likely that the ratio of occupied year-round/total
housing units has remained basically unchanged in Southport since
1980 (see Section B.2, Housing Characteristics).
Southport does attract large numbers of day visitors during
the spring and summer months, particularly on holiday weekends.
These visitors place a temporary strain on law enforcement personnel
and the local transportation system. Additionally, there is an
appreciable overnight seasonal population associated with the city
marina and motels located in Southport: According to the Brunswick
County Resources Development Commission, there were four motels with
115 rooms in the Southport city limits in 1988. During holiday
weekends, fishing tournaments, etc., these rooms and the city marina
can be assumed to have a full overnight population.
Obviously, the transient seasonal day population and over-
night seasonal population associated with area motels, city marina,
and the small available stock of seasonal housing has an impact on
city services and facilities during certain periods of the year.
However, there is no evidence to support a recent increase in
single-family seasonal housing or motel/condominium construction in
Southport. Therefore, community facilities planning can be based on
serving the projected year-round population with the added marginal
peak demand from city marina/motels. The City of Southport does not
have to contend with the wide swings in total population experienced
by its neighbors on the barrier islands.
2. Housing Characteristics
As discussed above, Southport has a much higher percentage
year-round occupied housing units than the neighboring barrier
communities and Brunswick County as'a whole. The cityalso has
relatively small household size (2.58 persons per household in
typical of a community with a median age that is higher than
average.
of
island
a
1988)

Table 4: Summary Housing Units
Southport and Brunswick County
1980-1988
Southport Brunswick County
1980 1988 Change 1980 1988 Change
Total Housing Units 11207 1,357 +12.4% 21,565 36,311 +68.4%
(100%) (100%) (100%) (100%)
Total Year -Round 1,045 1,181 +13.0% 12,411 19,925 +60.5%
Occupied Units (87%) (87%) (57.6%) (54.9%)
Total Vacant/ 162 176 + 8.6% 9,154 16,386 +79.0%
U Seasonal Units (13%) (130) (42.40) (45.1%)
Source: Brunswick County Planning Department, "Population and
Housing Counts, 1980-1988"
n During 1980-1988, the 12.4% increase in housing units in
'Ut Southport, while indicative of a steadily growing population, was
much less than the county -wide housing increase of 68.4%. In
particular, the vacant/seasonal housing growth rate throughout the
county was over nine times higher than the vacant/seasonal growth
rate for Southport.
1-1
The tenure and condition of housing in Southport was well
documented during the 1980 Census.
Table 5: 1980 Census -
City of Southport Housing Summary*
Item
Total Year -Round Units
Occupied Units
Renter
Owner -occupied
Vacant Units
For Sale
For Rent
Held for occasional use
Other vacant
*This data not available for 1990.
Number
1,207
1, 045
259
786
162
27
29
62
44
I-9

Condition and Age
Total Year -Round Units
Age
0-4 yrs.
5-9 yrs.
10-19 yrs.
20-29 yrs.
30-39 yrs.
40 yrs. and older
Condition
Lacking complete bathroom facilities
Lacking complete kitchen facilities
Lacking central heating equipment
Type
Total Year -Round Units
Single family, detached
Single family, attached
Duplex
3 and 4 unit
5 unit or more
Mobile home
Number
1,213 (100%)
200
(16.5%)
248
(20.4%)
165
(13. 6%)
183
(15.1%)
113
( 9.3%)
304
(25.1%)
47 ( 3. 9%)
27 ( 2.2%)
293 (24.2%)
Number
1,213 (100%)
1,057 -(87.1%)
11 ( 0.9%)
58 ( 4.8%)
38 ( 3.1%)
12 ( 1.0%)
37 ( 3.1%)
Source: N. C. State Data Center, 1980 U.S. Census Tape File 3A
Approximately one-fourth of the city's housing stock was over 40
years old in 1980. This is both the result of comparatively slow new
housing development and the fact that many of Southport's residential
areas are composed of long-established neighborhoods with houses
built in the 120s, 130s, and as far back as the 19th century and
colonial times. These characteristics are reflected by the high
percentage of single-family detached housing within the city.
While much of the city's older housing is well preserved and
maintained, the city does have several areas requiring redevelopment
and/or rehabilitation in order to restore neighborhood quality and
increase property value. These areas have been primarily defined
through the city's ongoing community development effort. Most of the
deteriorated housing throughout the city is occupied by low-income
households who are retired or unemployed and subsist on fixed
incomes.
Based on the City of Southport's FY89 Community Development Block
Grant (CDBG) application, approximately 100 substandard dwelling
units have been or will be rehabilitated or demolished through the
city's FY80, FY86, and ongoing FY88 CDBG projects. In FY86 and FY88
combined, the city received a total of°$1,033,245 in CDBG funds, and
expended $168,722 of local funds, to address substandard housing and
public works deficiencies in lower -income residential areas. Map 1
provides a geographic summary of the city's community development
efforts since 1980. Despite these major community development expen-
ditures, windshield surveys conducted for the FY89 CDBG application
revealed that there are still approximately 90 substandard dwelling
units within the city limits. Many of these deteriorated units are
located immediately west of the city's central business district.
I-10

The preparation of this map was financed in ; part /
through o grant provided by the North Carolina )
Coastal Management Program, through funds
provided by the Coastal Zone Management Act of
1972, as amended, which is administered by the
.Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric
Administration.
CS
1•
CITY LIMITS •-�� ` > .
d•`
"ate
0
M
IT.--_ + /' LEGEND .
® MINORITY CONCENTRATION
LOW -TO -MODERATE
INCOME CONCENTRATION
TARGET AREA
COMMUNITY DEVELOPMENT PROJECTS
AND MINORITY AND LOW -TO -MODERATE '
INCOME CONCENTRATIONS
CITY OF
SOUTH PORT
NORTH CAROL
Q� IIVA
scat[ W I'M
NOTE: SOUTHPORT'S SOUTHERN i
CORPORATE LIMIT LINE FOLLOWS THE
SHORELINE OF'THE CAPE FEAR RIVER AND
THE INTRACOASTAL WATERWAY
NOVEMBER, 1990 MAP I

0
3. Local Economy
Median per capita income in Southport ranged well above the
Brunswick County median, and close to the North Carolina median, in
1979 and 1985.
(� Table 6: Median Per Capita Income, 1979-85
Southport, Brunswick County, North Carolina
1979* 1985
City of Southport $9,002 $9,303
Brunswick County $7,886 $8,169"
North Carolina $9,088 $9,517
1� Source: U.S. Bureau of the Census, County and City Data Book, 1988
j� *Adjusted to 1985 dollars.
The higher per capita income in Southport compared to Brunswick
County is indicative of the fact that many government personnel,
skilled industry employees, teachers, other professionals, and self-
employed businessmen reside in the city. Very few individuals enu-
merated in the 1980 census for Southport worked in semi -skilled manu-
.facturing jobs, and no.individuals were enumerated who farmed or
fished full time.
Table 7: Employed Persons 16 Years and Older
By Industry, City of Southport, 1980
. Number
Occupation Employed
Agriculture, forestry, mining 0 ( 0%)
Construction 89 ( 8.2%)
Manufacturing:
Nondurable goods 67 ( 6.2%)
Durable goods 0 ( 0%)
Transportation 25 ( 2.3%)
Communication, other public utilities 137 (12.7%)
Wholesale trade 18 ( 1.7%)
Retail trade 168 (15.6%)
Finance, insurance, and real estate 49 ( 4.5%)
Business and repair services 37 ( 3.4%)
Personal, entertainment, and recreational services 76 ( 7.0%)
Professional and related services:
(� Health services 83 ( 7.7%)
(� Educational services 110 (10.2%)**
Other professional and related services 40 ( 3.7%)
Public administration 126 (11.8%)
Fishing 54 ( 5.0%) **
Total Employed 1,079 (100%)
Source: N.C. State Data Center, 1980 U.S. Census Tape File 3A
** The U. S. Census survey did not provide a count of those employed
in the fishing industry. However, based upon local estimates,
approximately 5% of Southport's employed persons work in the fishing
industry. City officials:felt that the number of. persons employed in
educational services occupations as reported by the Census was high;
thus, this figure was reduced by 54 persons in order to show 5% in
the fishing industry category.
0 I-12

Higher incomes stemming from the status of Southport as a
"bedroom community" for industry -related professionals and skilled
employees, and teachers and government personnel, has several effects
on the local economy. First, housing costs and the general cost of
living have tended to be higher in Southport than in most of
Brunswick County in recent years. This has placed a burden on those
living on fixed incomes. It has also restricted in -migration by
young, non-professional couples and single wage earners, and contrib-
uted to the net reduction of the black population in the city. Both
of these demographic trends were discussed in the population
section.
Positive economic results of higher per capita income and a
generally "white collar" working population in Southport include low
unemployment, a stable municipal tax base, and the preservation of a
quiet, residential way of life. Many contemporary urban problems
such as a high crime rate, decay of the central business district,
and increasing poverty and housing deterioration in low-income,
minority areas are not as prevalent in Southport as in many
similarly -sized eastern North Carolina cities. Additionally, the
city has been able to directly address its more pressing urban prob-
lems largely because of its stable tax base and generally well-
educated labor force. (Based on 1980 census data, 36% of Southport's
over-18 population had attended at least one year of college.)
The number of individuals below poverty level is an important
indicator of the economic health of a community. The table below
defines poverty status for individuals in Southport in 1980.
Table 8:
Poverty Status
City of
Southport, 1980
Number
of
Income
Level
Individuals
Income
below 75% of poverty
level
166
( 6.1%)
Income
between
75 and 124% of
poverty level
372
(13.7%)
Income
between
125 and 149%
of poverty level
103
( 3.8%)
Income
between
150 and 199%
of poverty level
292
(10.8%)
Income
200% of
poverty level
and above
1,777
(66.6%)
Total enumerated by poverty status 2,710. (100%)
Source: N.C. State Data Center, 1980 U.S. Census Tape File 3A
Table 8 indicates that, despite the relatively high percentage of
individuals in Southport living in households with incomes consider-
ably above the poverty level, there are still a considerable number
of individuals living in poverty. For them, managing the essentials
of day-to-day life is particularly difficult because of the relative-
ly high cost of living in Southport. The percentage of non -white
population below the poverty level (20%) was much higher than the
percentage of whites below the poverty level (8%) in 1980.
I-13

Social programs and community redevelopment efforts continue to
improve living conditions for Southport's lower -income populace.
However, improving the economic well-being of the hard-core unem-
ployed in Southport has been a difficult problem due to the lack of
local farming and manufacturing industry capable of sustaining an
unskilled available work force.
The only industries located within the Southport municipal limits
are the C. B. Caroon Crab Company, Inc., and the Benson Marine Group.
a Caroon employs approximately 40 individuals, and Benson employs
approximately 15 individuals. Although both of these businesses hire
many of their employees from the city, they are incapable of provid-
ing enough new jobs to appreciably affect the local unemployment
}„r situation. The other employment opportunities in the city are
extremely limited, and consist largely of occasional openings in
retail businesses, gas stations, building trades, etc.
Nearbyindustrial manufacturin firms include Carolina Power &
� g
Light, Cogentrix, Zurn Nepco, and Pfizer, Inc., all of which are
located within 10 minutes' driving time of Southport's residential
neighborhoods. Nearby Sunny Point Military Ocean Terminal is also an
important employer of some of Southport's residents. However, -these
employers rely largely on skilled labor. Although existing area
industries have a significant impact on Southport's economy, both in
terms of existing employment and local expenditures by non-resident
employees, it is unlikely that they can provide many additional jobs
for Southport's existing unemployed populace. Future economic devel-
opment efforts in Southport must include job training to increase the
diversity of skills available to existing area industries, and
working with county economic development personnel to attract more
industry to the county.
0 I-14

C. EXISTING LAND USE
The City of Southport continues to primarily be a single-family
residential community. Little change within the corporate limits has
occurred since the preparation of the 1986 Land Use Plan. The major
commercial areas continue to be the central business district,
marine -related commercial uses in the State Ports Authority small
boat harbor area, strip commercialization along Howe Avenue, and
increasing development around the intersection of N.C. 87 and
N.C. 211.
The following land use summary provides
land use category and a comparison of 1980,
acreages. Map 2 provides a delineation of
acreages and dwelling unit counts for both
area and the extraterritorial jurisdiction
10, and 11.
1. Urban and Developed Land
a) Residential
an analysis of uses by
1985, and 1990 land use
current land use. The
the city's unincorporated
are provided in Tables 9,
Since 1985, significant changes have begun to occur in both
single-famiy and multi -family residential land use. Residential
development is increasing in the extraterritorial area beyond the
boundary of the 1985 corporate limit line. Two significant annex-
ations occurred within the last five years. One was the Indigo
Plantation which includes 116.54 acres. The second was the 5.51 acre
area included in Phase II of Fiddlers Creek. In addition, major mid -
to upper -income single-family residential development has occurred in
Smithville Woods, a large subdivision located off of Robert Ruark
Drive, and along the east shore of Dutchman's Creek.
Within the city's total planning jurisdiction, the total
number of dwelling units increased from 1,222 in 1985 to 1,390 in
1990, a 14% increase. The majority of this increase, 93 units, or
55%, was in single-family housing. Most of the single-family housing
was in the Smithville Woods and Indigo Plantation subdivisions.
Mobile homes increased slightly, with 19 additional units being
located within the city's area of jurisdiction between 1985 and 1990.
The average dwelling unit density per acre has decreased from 2.46 in
1985 to 2.37 dwelling units per acre in 1990. The density increased
slightly within the corporate limits.but decreased significantly
within the city's extraterritorial jurisdiction. This decrease in
density is the result of the moderate density residential construc-
tion in Smithville Woods.
In 1985, there were not any multi -family developments within
the city's extraterritorial jurisdiction. Since 1986, a total of 20
multi -family units have been added at the Forest Oaks project
adjacent to Robert Ruark Drive.
I-15

1
BEATER om UTCHMAR CREEK
CREEK
UABET
INSERT — LOCATION OF
PRIMARY NURSERY AREAS,..
DUTCHMAN CREEK ,•
S
wn
SC
CITY LIMITS
R a 9ii rft-f�*►
*meow
Ix SA.

L
a
TABLE 9: EXISTING LAND USE WITHIN CITY LIMITS111
Land Use
Single-family
Multi -family
Mobile Home
TOTAL RESIDENTIAL:
OWE
Units
Acres
850
365.7
(2.3
du/ac)
42
8.3
(5.6
du/ac)
18
4.6
910
378.6
(2.4
du/ac)
1985
Units
Acres
.927
394.1
(2.35
du/ac)
104
15.0
(6.9
du/ac)
18
4.6
1049
413.7
(2.5
du/ac)
1990
Units Acres
968 410.06
(2.36 du/ac)
140 28.00
(4.90 du/ac)
23 7.72
1131 445.78
(2.53 du/ac)
Commercial
35.2
40.6
49.05
Industrial_
20.0
3.6*
0
Institutional
28.7
80.1
78.10
Parks and Open Space
6.9
17.0**
17.0**
Trans/Comm/Util
188.6
188.6
200.94
Undeveloped
584.0
498.4
572.58
TOTAL ACREAGE:
1242.0
1242.0
1363.45
[1] Source for 1980 figures: Southport Land Use Plan Update, 1980.
Source for 1985 figures: Southport Land Use Plan Update, 1985.
Source for 1990 figures: Windshield survey by T. Dale Holland
Consulting Planners.
* 1980 figure counted vacant land owned by industrial companies within
city limits. The 1985 industrial uses were primarily warehouses. The
1990 figures categorize the warehouses as commercial.
** Includes two cemeteries not accounted for in this category in 1980.
I-17

U
TABLE 10: EXISTING LAND USE WITHIN EXTRATERRITORIAL JURISDICTION111
Land Use
Single-family
Multi -family
Mobile Home
TOTAL RESIDENTIAL:
1980
Units Acres
112 72.5
(1.5 du/ac)
0
47 10.0
(4.7 du/ac)
159 82.5
(1.9 du/ac)
Commercial
Industrial
Institutional
Transportation/Communication/
Utilities
Undeveloped
TOTAL ACREAGE:
1990
Units Acres
155 118.93 �S(
(1.3 du/ac) n
20 3.74 tJ
(5.35 du/ac)
84 17.00
(4.94 du/ac)
259 139.67
(1.85 du/ac)
62.21 a
124.75
5.1 (�
359.90
1584.92
2276.55
[1] Source for 1980 figures: Southport Land Use Plan Update, 1980.
Source for 1985 figures: Southport Land Use Plan Update, 1985.
Source for 1990 figures: Windshield survey by T. Dale Holland
Consulting Planners.
57.2
0
5.1
329.5
1923.7
2398.0
1985
Units Acres
103 69.4
(1.4 du/ac)
0
70 13.5
(5.2 du/ac)
173 82.9
(2.1 du/ac)
60.6
0
5.1
329.5
1919.9
2398.0
I-18

TABLE 11: EXISTING LAND USE WITHIN TOTAL PLANNING JURISDICTIONI11
Land Use
Single-family
Multi -family
Mobile Home
TOTAL RESIDENTIAL:
Units
Acres
962
438.2
42
8.3
65
14.6
1069
461.1
(2.32 du/ac)
1985
Units Acres
1030 463.5
104 15.0
88 18.1
1222 496.6
(2.46 du/ac)
Commercial
92.4
101.2
Industrial
20.0
3.6
Institutional
33.8
85.2
Parks and Open Space
6.9
17.0
Transportation/Communication/
Utilities
518.1
518.1
Undeveloped
2507.7
2418.3
TOTAL ACREAGE:
3640.0
3640.0
1990
Units
Acres
1123
528.99
160
31.74
107
24.72
1390 585.45
(2.37 du/ac)
[1] Source for 1980 figures: Southport Land Use Plan Update, 1980.
Source for 1985 figures: Southport Land Use Plan Update, 1985.
Source for 1990 figures: Windshield survey by T. Dale Holland
Consulting Planners.
111.26
124.75
83.2
17.0
560.84
2157.50
3640.0
I-19

Single-family residential usage within the corporate limits has
benefited greatly from 1986 and 1988 Community Development comprehen-
sive revitalization projects. Sixty substandard units were improved
to a standard condition. The neighborhoods containing the units are
more stable as a result of these improvements. Other substandard
housing conditions continue to exist along Lord Street and portions
of northwest Rhett Street. Other substandard dwelling units are
scattered in the west central residential areas west of Lord Street
and north of George Street.
The city has many old historically and architecturally signifi-
cant homes. These are located in the city's National Register
Historic District which generally extends from the Cape Fear River at
Kingsley Street west to the boat basin and northwest to West Street.
The area contains approximately 100 homes, the majority of which have
some significance. The area remains intact, not having suffered many
inroads from new residential or commercial construction.
b) Commercial
Commercial land use has increased slowly within the Southport
city limits. From 1980 to 1985, a 5.4 acre increase occurred. -From
1985 to 1989, a 4.85 acre increase occurred. The commercial growth
has occurred primarily along Howe Street. There has been little
commercial growth in the city's central business district or State
Ports/small boat harbor area.
Commercial growth within the city's extraterritorial area has
been limited. From 1980 to 1985, a 3.40 acre increase in commercial
activity occurred. This growth slowed to approximately a 1.61 acre
increase occurring between 1985 and 1989. The growth which has
occurred has been centered on North Howe Street and the N.C. 211/
N.C. 87 intersection. The extraterritorial jurisdiction area con-
tinues to contain more commercial land usage than is located. within
the corporate limits. This is expected to continue because of limit-
ed land availability for commercial development within the corporate
limits and because of the transportation accessibility which exists
in the area of the N.C. 87/N.C. 211 intersection.
There is limited vacant commercial property scattered along
Howe Street and within the city's central business district. The
greatest concern within the city for vacant and declining commercial
properties has been within the city's central business district. As
early as 1979, the city began to focus on downtown redevelopment
through preparation of the Southport Downtown and Waterfront Revital-
ization Plan. The 1985 Land Use Plan re-emphasized the need for
central business district revitalization. Since 1985, the emphasis
has been continued by the Southport Economic Development Commission.
In 1988, the North Carolina Downtown Development Association sent a
"resource team" to the city to assess commercial redevelopment and
economic development issues confronting the city. Generally, the
team was supportive of the concepts of a downtown revitalization
project.
I-20

c) Industrial
Industrial development within the Southport planning juris-
diction has been extremely limited. Currently, no land is zoned for
industrial usage. The extraterritorial area includes some industrial
uses. Pfizer, Inc., which has been located on North Moore Street
Extension since the 1970s, processes citric acid for commercial
usage. The plant employs approximately 200. Since 1985, a second
industry has located within the extraterritorial area. Cogentrix is
located on Leonard Street opposite the Pfizer property. The plant is
a cogeneration facility that sells steam to Pfizer, Inc., and
electricity to CP&L. The two plants occupy approximately 125 acres
within the city's extraterritorial area. Zurn Nepco, a small pipe
welding company, manufactures pipe fittings as a service to Carolina
Power & Light Company.
d) Institutional
There have not been any significant changes in institutional
land use within the City of Southport or its extraterritorial area
since 1985. Some minor decrease in institutional usage occurred
within the city's corporate area because of the conversion of some
semi-public uses to non -institutional land use. It should be noted
that the Southport -Fort Fisher ferry landing is included within the
institutional land use category.
e) Transportation/Public Utilities
This category includes all roadways, utility holdings, city -
owned services such as water and sewer lines, and electric utility
!J systems. The major changes which have occurred since 1985 have been
the result of new subdivision construction. The development and
n annexation of Indigo Plantation resulted in an increase of approxi-
mately 12 acres of transportation land use within the city. Within
the extraterritorial area, the construction of Robert Ruark Drive and
the street system within the Smithville Woods subdivision have
resulted in the addition of over 20-acres of transportation/utility
acreage within the extraterritorial jurisdiction area.
f) Vacant Land
The inventory of vacant land within the City of Southport
corporate limits and extraterritorial jurisdiction has experienced a
net decrease of approximately 255 acres since 1985. Table 9 indi-
cates an increase in vacant land area within the corporate limits.
This is the result of annexation of the Indigo Plantation subdivision
which, as of 1990, remains predominantly undeveloped. Without the
Indigo Plantation annexation, the vacant land area within the cor-
porate limits would have decreased.
Within the extraterritorial jurisdiction, the vacant land
area decreased for several reasons. First, land owned by Pfizer,
Inc., on North Moore Street was included in the 1985 plan as vacant.
This property has been classified as industrial in this plan.
I-21

Secondly, the Cogentrix facility was constructed, which further
reduced the vacant land inventory. The final significant reduction
in vacant land was the result of residential construction. The
Smithville Woods residential subdivision development was begun along
Dutchman's Creek and extends eastward towards the N.C. 211/N.C. 87
intersection. Also, the Fiddlers Creek multi -family development was
constructed and annexed into the corporate limits.
The single-family developments in Indigo Plantation and
Smithville Woods have added over 170 single-family lots to the
residential lot inventory within the city's total area of planning
jurisdiction. These subdivisions represent a trend towards low -
density, middle to upper -income residential development in the vacant
land areas lying to the west and northwest of the existing corporate
limit area.
Included as Appendix II is a copy of a vacant land ownership
map which was included in the 1985 Land Use Plan. For comparison,
the vacant areas which have been developed or subdivided since 1985
have been indicated. This updated map is very useful for indicating
development trends within Southport's areas of jurisdiction.
2. Existing Land Use Problems
The City of Southport has maintained a comprehensive planning
program in both the city's corporate limits and the extraterritorial
jurisdiction area. This has included careful administration of the
city's zoning and subdivision regulations. In 1989, the city under-
took a complete rewrite of its subdivision ordinance. The modifi-
cations made the ordinance consistent with current North Carolina
General Statutes and provided updated standards for subdivision
design. Many land use problems confronting municipalities have been
averted as a result of the city's planning efforts. However, the
following existing land use problems should be addressed:
-- Development of a long-range annexation plan.
-- Development of a utility extension policy for water and sewer
lines.
-- Elimination of substandard housing within the city and its
extraterritorial jurisdiction.
-- Establishment of an effective renovation/redevelopment plan
and program for the central business district.-
-- Establish control of strip commercialization along N.C. 87
and N.C. 211.
-- Development of specific plans for improvements to the city
dock and boat basin.
-- Review and update the city's zoning ordinance.
I-22

-- Establish a thoroughfare plan to coordinate road construction
and transportation system development within the city and its
extraterritorial jurisdiction.
-- Development of a new road to provide an alternate to
Jabbertown Road for access from N.C. 87 and N.C. 211 to Moore
Street Extension.
-- Development of specific plans for the proposed widening of
N.C. 87 between Southport and U.S. 17.
These land use problems should be addressed in the policies
section of this plan.
3. Development Potential
There is great potential for accelerated growth and development
within Southport and its extraterritorial jurisdiction area. Since
1985, the following have occurred:
The city completed expansion of its sewage treatment facil-
ities.
l� -- Development of major single-family developments at both
Smithville Woods and Indigo Plantation began.
-- Development on Bald Head Island accelerated. The island is
accessible only by a Southport to Bald Head ferry. Approxi-
mately 3,000 of the island's 13,000 acres will be developed.
Approximately 450 dwelling units have been constructed, a
substantial increase from the 140 units which existed in
1985. Increasing Bald Head development will serve as a
stimulant to Southport'.s growth.
-- Multi -family residential development is increasing. The most
n important developments have been in'Indigo Plantation, Forest
Oaks, and Fiddlers Creek. Further multi -family construction
is expected.
-- Growth within southeast Brunswick County has been strong,
especially within the immediate Oak Island -Southport area.
-- Implementation of the city's master drainage plan, which was
prepared in 1983-1984 (discussed on Page I-45).
In addition to these actions, the City of Southport physical
features serve as a stimulant for growth. Relatively "high" land
with good drainage may be found in much of the city's extraterri-
torial jurisdiction. Only a small portion of the city's total plan-
ning jurisdiction is located within a flood hazard area. Finally,
only limited portions of the city's planning area contain fragile
areas or areas of environmental concern which would serve as
constraints to development.
0 I-23

4. Existing Ordinances and Land Use Controls
The city maintains a comprehensive program of building, land use,
and municipal services control. The city is adequately staffed, with
a total of 38 employees. The major positions include City Manager,
Finance Officer, Building Inspector, Public Works Director, Recre-
ation Director, Community Development Administrator, and Police
Chief.
a) Zoning Ordinance
The City of Southport has had a zoning ordinance continuously
in effect since 1973. While the ordinance has been amended several
times, it has never been completely rewritten or updated. The
ordinance includes mobile home park regulations, off-street parking
requirements, and conditional use provisions. With the assistance of
the City Manager, the ordinance is administered by the city's
Planning Board. Variances and appeals are received and processed by
the city's Board of Adjustment.
b) Subdivision Ordinance
The city's first subdivision., -ordinance was adopted on
July 19, 1973. The ordinance was completely redrafted in 1989. The
ordinance is administered by the city's Planning Board with the
administrative assistance of the City Manager.
c) Planned Residential Development Ordinance
The city adopted the planned residential development ordi-
nance in August, 1984. The ordinance allows planned development
districts in concert with the city's zoning ordinance. Specific
performance standards for public facilities, drainage, and streets
are provided. The planned residential development ordinance allows
marinas, specialty shops, and restaurants as conditional uses, but
prohibits other commercial uses.
d) Master Drainage Plan
In 1983, the City of Southport prepared a comprehensive
drainage master plan (see Page I-45 for detailed description). The
plan identifies and analyzes the major drainage basins in the city
and provides a recommended capital improvements program. This plan
was funded, in part, with a Coastal Area Management Act Planning
Grant.
e) North Carolina State Building Code
The City of Southport employs a full-time building inspector.
The inspector enforces the North Carolina State Building Code for
all new construction and rehabilitation.
I-24

0
f) Federal Flood Insurance Program
The City of Southport participates in the Federal Emergency
Management Flood program. The building inspections department
coordinates the program and aids in ensuring compliance.
(� g) Southport Revitalization Plan
In 1979, the Brunswick County Planning Department prepared a
plan for revitalizing Southport's downtown and waterfront park areas.
The plan emphasized the need to capitalize on the waterfront as the
key to downtown revitalization.
h) City of Southport Waterfront Access Plan, 1989
The City of Southport prepared a 1989 Shoreline Access Plan
to focus on protecting environmentally -sensitive areas, while pro-
viding shoreline access sites which will support both tourism and
local recreational activities. The plan considers both the number of
sites required and their location/ease of access by the public.
Priorities for the types of sites (not specific sites) to be acquired
are recommended.
i) City of Southport 1986 CAMA Land Use Plan
The City of Southport prepared a CAMA-funded Land Use Plan in
1985/1986.. That plan responds to state planning guidelines and
provides policy statements for use of Areas of Environmental Concern.
The City of Southport has encountered both successes and
failures in attempting to implement the policies contained in the
1986 Land Use Plan. The city failed to effectively implement
policies addressing the following:
-- Central Business District development/redevelopment
-- Waterfront development/redevelopment
-- Provision of additional shoreline access areas
The city was particularly successful in supporting policies
addressing the following areas:
-- Implementation of the city's Master Drainage Plan.
-- Update of the city's land use regulatory controls to
include the zoning and subdivision ordinances.
-- Preparation of a Shoreline Access Plan.
-- Preservation of the city's Historic District.
-- Protection of the city's Areas of Environmental Concern.
-- Extension of the city's water and sewer systems.
-- Effective participation in the Federal Flood Insurance
Program.
-- Participation on the development of a county -wide
Thoroughfare Plan.
-- Implementation of successful FY1986 and 1988 Community
Development Block Grant revitalization projects.
-- Successful completion of improvements to the city's
sewage treatment plant.
I-25

j) Brunswick County Thoroughfare Plan
In 1990, the North Carolina Department of Transportation was
preparing a Brunswick County Thoroughfare Plan. That plan was not
finalized and adopted at the time of preparation of this document.
k) Impact Fee Ordinance
In 1984, the city established an impact fee ordinance to
allocate the cost of providing sewage treatment services on a user -
oriented basis. State daily flow estimates are utilized as the basis
for establishing costs.
I-26

D. DEVELOPMENT CONSTRAINTS: LAND SUITABILITY
1. Topography/Geology
The majority of Southport's planning jurisdiction is flat with
most variations in elevation occurring adjacent to streams and
creeks. In most areas, elevations range from 16 to 24 feet above
mean sea level. The land areas gradually slope to sea level
elevations along Dutchman's Creek, Bonnetts Creek, Prices Creek,
Cottage Creek, the Intracoastal Waterway, and the Cape Fear River.
Topography is not considered to be a serious constraint to develop-
ment in Southport.
Southport is situated in a geologically complex area. A post-
miocene aquifer exists between the land surface and a depth of 40
feet below surface. The aquifer consists of sand and contains pota-
ble water. Below the post-miocene is the tertiary system aquifer.
This aquifer is the primary source of Southport's water supply. The
aquifer contains porous and permeable limestone, providing conditions
in which excellent quality groundwater is stored under artesian con-
ditions. The tertiary system aquifer is approximately 140 feet thick
and extends down from approximately a 40-foot depth to 200 feet deep.
The miocene and tertiary aquifers appear to be connected. Thus,
rainfall in the Southport area aids in aquifer recharge.
It is suspected that salt water intrusion in the aquifers may
become a problem as development in the area continues. Future devel-
opment activities should be sensitive to damaging the aquifer's water
quality. The responsibility for insuring that this does not happen
(� will lie with city and state officials. With reasonable use and
1J protection, Southport should continue to.have a good water supply.
2. Flood Hazard Areas
Map 3 depicts the flood hazard areas within Southport and its
extraterritorial jurisdiction. The city's flood -prone areas are all
either "A" zone areas or "V" zone areas as defined by the City of
Southport Flood Insurance Study, 1985. These zones are defined as
follows:
Zone A: Special Flood Hazard Areas (FHFs) inun-
dated by the 100-year flood, determined
by approximate methods; no base flood
{� elevations are shown or FHFs determined.
(� Zone Al, A3, A10: Special Flood Hazard Areas -inundated by
the 100-year flood, with base flood ele-
vations shown, and zones subdivided
�J according to FHFs.
Zones V12, V13: Special Flood Hazard Areas along coasts
inundated by the 100-year flood that have
additional velocity hazards associated
with waves of 3-foot amplitude or
o greater, with base flood elevations
shown, and zones subdivided according to
FHFs.
I-27

Detailed locations of the individual zones may be determined b
Y Y
referring to the detailed floodway flood boundary and floodway maps
prepared as a part of the 1985 flood insurance study. Copies of the
maps are maintained on file in the Southport Building Inspector's
office. Generally, the following zone locations exist:
Bonnetts Creek Tributary (upper creek) Al
Bonnetts Creek A3
Intracoastal Waterway V13 and A10
Cape Fear River V12 and A10
Cottage Creek, Prices Creek, and Dutchman's Creek are all located
(j within the 100-year flood boundary.
(� It is estimated that less than 2% of Southport's population
resides in Flood Zone V, and approximately 10% resides within Flood
Zone A.
A long-range flooding problem may result from anticipated sea
level rise. During the past century, the sea has risen approximately
one foot. Generally, experts expect the sea level rise to accelerate
over the next century and rise an additional four to seven feet.. If
(� this anticipated increase in sea level occurs, the impact on
u Southport will be substantial. The areas shown on Map 3 as flood
hazard areas would be almost totally inundated by a seven foot sea
level rise. This will result in the loss of approximately 20 percent
of Southport's current planning jurisdiction area. All salt marsh
areas would be lost. The whole issue of sea level rise has serious
implications for Southport, and the rate of rise must be carefully
j� monitored.
�j 3. Soils
Most of the soils within Southport's planning jurisdiction have
slight to moderate limitations for development. Based.on the Soil
Conservation Service, Brunswick County Soil Survey, soils within the
a city's planning area may be classified as suitable, moderately suit-
able/some drainage needed, marginally suitable if drained, and highly
unsuitable/flooding common.
The following soils description is taken from the 1985 Southport
Land Use Plan:
"Soils classified as suitable have slight limitations for all of
the development indicators and generally are sandy and exces-
sively well drained. Soils in the suitable category include
(� Kureb fine sand, Wando fine sand, Blanton fine sand, and Echaw
u soils.
Soils classified as moderate are generally moderately well
drained and sandy. They include Seabrook, and Mandarin soils.
Soils in the marginally suitable category are generally poorly
adrained, with the water table within one foot of the surface much
I-29

L�
of the year. These soils require extensive drainage and engineer-
ing improvements in order to be developed for urban purposes. (�
Soils in the marginally suitable category include Leon fine sand,
Johnston series soils, and Murville fine sand.
Soils in the unsuitable category are poorly drained, with the
water table at or near the surface, and are subject to tidal
flooding. Soils in this category include Carpers silty loam,
Bohicket soils, Carteret sandy loam, Dare muck, and Hobonny (�
soils. �J
Almost all of the land area within the Southport city limits
which is not in or directly adjacent to creeks and drainage ways
have slight limitations for development. Creekbeds and drainage
ways have marginal to severe limitations for development, but are D
generally not used for development purposes.
Within the extraterritorial jurisdiction, much of the
directly north and east of the city limits, including
oping commercial corridor along N.C. 211, has marginal
for development. The bulk of these soils are found on
lands belonging to Pfizer, Inc., and CP&L."
acreage
the devel- (�
limitations lJ
undeveloped
Map 4 provides a delineation of the soil types.
4. Manmade Hazards/Restrictions
There are no significant manmade hazards within Southport's
planning jurisdiction. The following minor fuel storage facilities
exist:
_=Bulk fuel oil and gas storage, 200 block of Leonard Street
-- Fuel storage at the State Port Authority
Fuel storage at the Indigo Plantation Marina
As a result of recently adopted federal regulations concerning
underground storage tanks, the threat of explosion or groundwater con-
tamination from existing underground storage tanks should decrease.
Two major man-made hazard concerns exist outside of the city's
planning jurisdiction which could have a major impact on the city.
The CP&L Brunswick nuclear power plant is located adjacent to the
northeast boundary of Southport's extraterritorial planning juris-
diction. Obviously, an accident at the plant could have major impact
on the city. Evacuation plans are in effect and monitored by the
Brunswick County Emergency Management Coordinator. (j
The second potential hazard would be the possibility of contam-
ination of the Cape Fear River from the Port of Wilmington in the n
event of a large oil or chemical spill or from damage to a tanker u
traveling by Southport to the Port of Wilmington. Also, explosives
are occasionally shipped on the Cape Fear River along the Southport
shoreline. In any case, damage to marine life and the estuarine n
shoreline could be extensive. U
I-30

U
5. Fragile Areas
In coastal North Carolina, fragile areas are considered to include
coastal wetlands, sand dunes, ocean beaches, shorelines, estuarine
waters and shorelines, public trust waters, complex natural areas,
areas sustaining remnant species, unique geological formations, regis-
tered natural landmarks, swamps, prime wildlife habitats, scenic
points, archaeological sites, historical sites, and fresh water wet-
lands. Subchapter 7H of Chapter 15A of the North Carolina Administra-
tive Code, included as Appendix III, provides the state guidelines for
Areas of Environmental Concern. The City of Southport's planning
j� jurisdiction includes or is adjacent to estuarine waters and shore-
lines, coastal wetlands, and public trust waters. Map 5 provides a
delineation of the Areas of Environmental Concern. These are areas
which could easily be damaged or destroyed by inappropriate or poorly
planned development.
a) Coastal Wetlands
(� The coastal wetlands are generally delineated on Map 5,
�J areas of Environmental Concern. However, it is emphasized that the
specific locations of coastal wetlands can be determined only through
on -site investigation and analysis. Coastal wetlands are defined as
salt marshes regularly- or irregularly -flooded by tides, including
wind tides, provided this shall not include hurricane or tropical
a storm tides. This area contains some, but not necessarily all of the
following marsh plant species: Cordgrass, Black Needlerush, Glass -
wort, Salt Grass, Sea Lavendar, Bulrush, Saw Grass, Cat -tail, Salt
Meadow Grass, and Salt Reed Grass. The coastal wetlands are vital to
D the complex food chain found in estuaries. They provide marine
nursery areas and are essential to a sound commercial fishing Indus-
try. Coastal wetlands also serve as barriers against flood damage and
control erosion between the estuary and uplands.
b) Estuarine Waters
Estuarine waters are generally those waters found in estuar-
ies, bays, and salt water shorelines. They are the dominant component
and bonding element of the entire estuarine system, integrating aqua-
tic influences from both the land and the sea. The estuarine waters
are among the most productive natural environments within Southport's
planning jurisdiction. The waters support the valuable commercial and
sports fisheries of the coastal area which are comprised of estuarine
D dependent species such as menhaden, flounder, shrimp, crabs, and
oysters. Except for the Intracoastal Waterway which is classified SA,
all waters within the Southport planning jurisdiction are classified
SC (see Map 2). SA waters are suitable for commercial shell fishing
(] and all other tidal salt water uses. SC classified waters are suit-
able for secondary recreation and fish propogation. These waters lend
themselves to both fishing and general recreation. Areas of lower
(� Dutchman Creek are designated as primary nursery areas. The areas are
U indicated on an insert on Map 2.
c) Estuarine Shorelines
Estuarine shorelines are those non -ocean shorelines which are
especially vulnerable to erosion, flooding, or other adverse effects
of wind and water. They are intimately connected to the estuary. The
aarea extends from the,mean high water level or normal water level
I-32

The preparation of this map was financed in part
through a grant provided by the North Carolina
Coastal Management Program, through funds
provided by the Coastal Zone Management Act of
1972, as amended, which is administered by the
Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric
j Administration,
IIN 11041���►� unn
•w
AIR
SM
4-1
- �� �• =_: �, I �1 . I, III
MA� ��IjIIIIVj�
M ON co WE
IM �
0 9-
all WE
_r � �1,�11 Il�l�aa V S ♦. ���` � ��
�i 1� tiUIi
NOTES:
l ALL AREAS LYING 0-75' LANDWARD OF THE
MEAN HIGH WATER LEVEL OF ESTUARINE
WATERS ARE ESTUARINE SHORELINE AREAS
AND CLASSIFIED AS CONSERVATION I LANDS.
BECAUSE OF MAP SCALE, THESE AREAS
CANNOT BE ACCURATELY MAPPED. PRECISE
LOCATIONS MUST BE DETERMINED IN THE
FIELD.
2. ALL WATERS IN SOUTHPORTS PLANNING
JURISDICTION ARE CLASSIFIED AS ESTUARINE
WATERS AS DESCRIBED BY 15 NCAC 7KO206.
OR PUBLIC TRUST AREAS AS DESCRIBED BY 15
NCAC 7H.0207. ALL DEVELOPMENT SHALL BE
CONSISTANT WITH THE USE STANDARDS
CONTAINED IN 15 NCAC 7KO206 AND .0207.
NOTE: SOUTHPORT'S SOUTHERN
CORPORATE LIMIT LINE FOLLOWS THE
SHORELINE OF *THE CAPE FEAR RIVER AND
THE INTRACOASTAL WATERWAY

aalong the estuaries, sounds, bays, and brackish waters for a distance
of 75 feet landward. Development within the estuarine shorelines
a influences the quality of estuarine life and is subject to the
damaging processes of shorefront erosion and flooding.
d) Public Trust Areas
Public_trust-areas-are-all-waters of -the Atlantic Ocean and
the lands thereunder from the mean high water mark to the seaward
limit of state jurisdiction; all natural bodies of water subject to
measurable lunar tides and lands thereunder to the mean high water
mark, all navigable natural bodies of water and lands thereunder to
the mean high water level or mean water level as the case may be,
except privately -owned lakes to which the public has no right of
access; all water in artificially created bodies of water containing
significant public fishing resources or other public resources which
Q are accessible to the public by navigation from bodies of water in
which the public has rights of navigation; and all waters in artifi-
cially created bodies of water in which the public has acquired rights
by prescription, custom, usage, dedication, or any other means. In
determining whether the public has acquired rights in artificially
created bodies of water., the following factors shall be considered:
a (1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile
to the extent that they can move into natural bodies of
water,
(5) whether the creation of the artificial body of water required
o permission from the state, and
(6) the value of the body of water to the public for navigation
from one public area to another public area.
These areas are significant because the public has rights in
these areas, including navigation and recreation. The public trust
areas also support valuable commercial and -sports fisheries, have
aesthetic value, and are important resources for economic development.
It is impossible to map the public trust area. The areas must
�j be determined through in -field analysis and definition.
U e) Historic and Archaeological Sites
Southport includes many historically significant sites. In
fact, one of the city's most important community assets is its histor-
ic resources. The city has a National Register Historic District
which generally extends from the Cape Fear River from Kingsley Street
to the Yacht Basin north to West Street (see Map 10). The National
Register of Historic Places lists the following four categories of
( rankings for buildings in a Historic District:
u Pivotal - Building or properties that are individually out-
standing, historically and/or architecturally, and stand as a
visual landmark in the community.
a I-34

Contributing - Buildings whose architectural or historical
significance is important to the total character and history
of Southport. These late 19th and early 20th century build-
ings define the planning, scale, and architectural unity of
the town.
Non-contributing - Although these buildings, such as comtem-
porary dwellings, may fit unobtrusively into the scale and
planning of the earlier fabric :of the town, they are not what
gives it its historic character.
Intrusive - Building totally out of scale or with unsympa-
thetic materials which disrupt the materials and aesthetic
qualities of the townscape.
. Buildings or structures within the Historic District which have
been identified as "pivotal" include:
St. Philips Episcopal Church (Moore Street)
T.M. Thompson House (Bay Street)
River Pilots Tower and Building (Bay Street)
Walker -Pike House (Bay Street)
Fort Johnston Hospital (Bay Street)
Masonic Lodge (Nash Street)
Trinity Methodist Church (Nash Street)
A.E. Stevens House (Atlantic Avenue)
Old Brunswick County Courthouse (Moore Street)
Old Brunswick Inn (Arrington House) (Atlantic Avenue and
Bay Street)
Adkins-Ruark House (corner Nash and Lord Streets)
Fort Johnston Officers Quarters (Bay Street)
Fort Johnston and the Old Brunswick County Courthouse (now housing
City Hall) are also listed separately in the National Register. In
addition to the historically significant structures, the waterfront
area contains many uncatalogued historic and possible archaeologically
significant sites.
f) Freshwater Wetlands
Freshwater wetlands are areas covered by water or that have
waterlogged soils for long periods during the growing season. Plants
growing in wetlands are capable of living in soils lacking oxygen for
at least part of the growing season. Some wetlands, such as swamps,
are obvious. Others are sometimes difficult to identify because they
may be dry during part of the year. Wetlands include, but are not
limited to, bottomlands, forests, swamps, pocosins, pine savannahs,
bogs, marshes, and wet meadows.
I-35

Section 404 of the Clean Water Act one requires that anyone
Y
interested in depositing dredged or fill material into "waters of the
a United States," including wetlands, must apply for and receive a
permit for such activities. These permits must be obtained from the
U.S. Army Corps of Engineers. While there are scattered wetland areas
located within Southport's planning jurisdiction, the specific--
u locations_of_wetlands-areas-must-be-determined through specific
on -site analysis.
Wetlands are a significant natural resource because they
provide recharge areas for groundwater; serve as filter traps for
sediment, pesticides and other pollutants; provide non-structural
flood control; buffer against shoreline erosion; serve as buffer zones
between upland activities and valuable aquatic systems; and provide
habitats for numerous furbearing animals, endangered species, and
other wildlife.
6. Areas of Resource Potential
Qa) Agricultural and Forest Lands
Within Brunswick County, the Foreston, Goldsboro, Johnsr
Norfolk and Onslow soils are considered to be prime agricultural
lands. None of these soils types are found within Southport's area of
planning jurisdiction. However, locally important and productive
soils include the Wando and Blanton soil types. The majority of the
City of Southport contains the Wando soil type. Most of the area is
developed or has been committed to development. A small area of
Blanton soils is located in the northeast extraterritorial area on
a industrial property owned by Pfizer, Inc. Agricultural production is
limited and decreasing within Southport's jurisdiction. There are not
any productive forest lands.
b) Public Parks
There are not any parks located within Southport's jurisdic-
tion which have regional or national significance. These facilities
will be discussed in detail in the public facilities section.
However, none of the parks are considered to be a stimulant to growth
or to have more than local resource value. However, the city pier and
waterfront park have the potential to serve as a regional public
access facility.
ac) Marine Resources
There are not any known major concentrations of subaquatic
(� vegetation in Southport. However, substantial coastal wetland areas
�J exist in Southport,especially along Dutchman, Prices, and Cottage
Creeks. These should be maintained as an important element of
Southport's total marine environment.
I
I-36

E. DEVELOPMENT CONSTRAINTS: PUBLIC FACILITIES
1. Water Supply
The City of Southport operates its own central water system. The
system includes two wells which have a total capacity of over 600
gallons per minute (gpm). One well is located on Leonard Street and
is 110 feet deep with a capacity of 250 gpm. A new submersible pump
was installed in 1985. The second well is located in Franklin Park.
The well is 171 feet deep and has a capacity of 350 gpm. The well is
driven by a 30hp submersible pump. The city's water distribution
system is shown on Map 6.
The Brunswick County water system also owns and operates water
supply lines within the Southport extraterritorial planning jurisdic-
tion. These are 24" lines that serve Pfizer, Inc., and are located
along N.C. 211, N.C. 87, Jabbertown Road, and Leonard Street from
Park Avenue north to Moore Street. The exact locations are shown on
Map 6.
The 1985 Land Use Plan reported an estimated 102 million gallons
of water consumption in 1984. This has increased to 192 million
gallons in 1990. The city has discontinued the procedure of rotating
its pumps. The system presently functions with one pump operated by
a pressure switch and the other pump operating 1/3 of the time and
off the other 2/3 time. The city's supply is at 100% capacity.
However, the city purchases supplemental water from Brunswick County.
In 1990, three million gallons were purchased from the county.
Currently the city has 1,372 water customers. This is a 21%
increase from the 1,138 customers reported in 1985. Only 114 of the
water customers are located outside of the city's corporate limits.
2. Sewer
Southport maintains an activated sludge -sewage treatment system
with a capacity of 800,000 gallons per day (gpd). An upgrade of the
city's system was completed in July, 1988, through implementation of
the Southeastern Brunswick County 201 Facilities Plan.
The system upgrade cost $2,334,339 and was funded from multiple
sources. In November, 1984, city voters passed a bond referendum
authorizing up to $949,000 for expansion of the city's sewage treat-
ment plant. At that time, the city was operating under a special
order of consent which had been issued by the State of North Carolina
in February, 1983. The state provided $271,134 of the total cost
with Clean Water Act funds and EPA funded $1,124,273.
The current flow in the system is 450,000 gpd, 60% of the
system's capacity. Thus, a current excess capacity of 350,000 gpd
exists. There were 1,141 users on the system in 1990. This surplus
capacity will be utilized by growth with the city and its extraterri-
torial area. The system is depicted on Map 7.
I-37

a
C-T'
a
T,
I
> /1111
WATER SYSTEM
CITY OF
LEGEAO S O U T H P O R T
CRT WATER LOC
FOP CO TT WATER LOVE .E
TAW 0
NORTH CAROLINA
SEPTEMBER. 1989
N
I
MAP 6

ART
LINA
3

3. Solid Waste Disposal
The City of Southport provides a city-wide refuse collection
system. Collection equipment includes two Heil 7000 side loaders
packer trucks. Only one truck at a time operates. The waste is
delivered to transfer stations operated by Brunswick County and is
ultimately disposed of in the county's landfill. The landfill was
established in 1989 and has a life expectancy of five years.
4. Schools
The City of Southport is served by the Brunswick County School
system. The only public school facility located in Southport is the
Southport Elementary School which serves grades K-5. The facility
had a 1990/91 school year enrollment of approximately 848, with a
capacity of 837. Most of the students were Southport residents.
Plans are underway for expansion of the school. The middle school
students, grades 6-8, are served by the South Brunswick Middle School
located near Boiling Spring Lakes. The 1990/91 school year enroll-
ment was approximately 660, with a capacity of 800. The high school
age students, grades 9-12, are served by the South Brunswick High
School, also located in Boiling Spring Lakes. The approximate
1990/91 school year enrollment was 851 regular day students, with a
capacity of 1,000.- In addition, 32 students were attending night
classes. Southport Elementary School, the middle school, and high
school enrollments include students from Southport, Oak Island,
Bolivia, and Boiling Spring Lakes.
The Brunswick County Community College operates an annex facility
in Southport. The campus is located in the Old Southport Middle
School facility. The community college does not operate any labora-
tory classes in Southport. In 1989/1990, small night classes, pri-
marily real estate, were the only classes being offered.
There is a small private school affiliated with the First
Apostolic Church on West West Street, offering instruction for
Kindergarten through 12th grades.
5. Transportation
The city's road system is a major determinant of land use,and how
effectively a community functions. As growth has occurred within the
Southport planning jurisdiction, transportation system congestion and
flow problems have intensified. The problems are concentrated on the
city's major roads which include the following:
Principal Arterials:
(� intended to provide
U interconnect with mi
systems.
a N.C. 87
N.C. 211
N.C. 133
U
Principal arterials are those roads
travel routes for through traffic and
nor arterials and major highway roads and
IJ
I-40

Minor Arterial: Minor arterials also serve through traffic, but
carry smaller volumes of traffic and serve to support the
principal arterial system.
Howe Street
Portions of Moore Street
Jabbertown Road
Major Collectors: Major collectors are roads providing long
travel routes and which connect arterials and other collectors.
Portions of West and Leonard Streets
Minor Collectors: Minor collectors are roads which provide for
short and medium trips within the city, generally moving traffic
between neighborhoods.
Fodale Avenue
Lord Street
Bay Street
Within Southport's jurisdiction, there are several key land uses
which significantly affect transportation planning. These include
Pfizer, Inc., CP&L construction entrance, Fort Fisher -Southport
ferry, Bald Head Island ferry, the elementary school, commercial
development on Howe Street, and N.C. 211/N.C. 87 intersection. The
traffic generated by these areas is reflected in the city's traffic
counts. The North Carolina Department of Transportation provided the
following 1989 traffic counts:
Location
Average Daily
Traffic
S.R. 1526 east of intersection with N.C. 87 2,500
West 9th Street east of intersection with Howe Street 1,500
Leonard Street east of intersection with Howe Street 1,100
West Street west of intersection with Howe Street 1,600
Howe Street south of intersection with Leonard Street 12,900
E. Moore Street east of intersection with Howe Street 1,800
Fort Fisher Ferry Terminal Road 350
The annual 1989 vehicle count for usage of the Fort Fisher -
Southport Ferry was 75,000 vehicles.
The city's major transportation problems include both deficien-
cies within the city and problems with the state's highway system
providing regional access to Southport. The following -transportation
needs or deficiencies exist.
-- Improve accessibility from N.C. 211/N.C. 87 to Moore Street
by providing an alternate to Jabbertown Road.
-- An east -west connector is needed to connect Southport
directly to N.C. 133 in the vicinity of the Brunswick County
Airport.
-- N.C. 87 between U.S. 17 and Southport is rapidly becoming
overloaded. In addition, the highway includes four bridges
identified by the Department of Transportation as deficient.
I-41

-- Improvements are needed to increase accessibility and improve
traffic flow at N.C. 133, the Dosher cut-off.
-- Improvements are needed to facilitate traffic flow and lessen
congestion on Howe Street.
In 1987-1988, the North Carolina Department of Transportation
prepared the Brunswick County Thoroughfare Plan. The plan was adop-
ted by the City of Southport on October 8, 1987. The plan proposed
the following improvement priorities:
Route and Section
N.C. 211-N.C. 133 to
N.C. 211/87 Junction
N.C. 133-Dosher Cutoff Relocation
N.C. 87-Sunny Point Terminal
Access Road to N.C. 211/87 Junction
S.R..1102 Connector to Southport
Recommended
Cross -Section Priority*
4 lanes divided II
4 lanes divided II
5 lanes II
2 lanes III
*Specific dates for these improvements have not been established.
Priority II and III projects have been defined as being needed
during the NCDOT 20-year planning period.
There were not any Priority I projects located within the
Southport area. Map 8 provides the portion of the Brunswick County
Thoroughfare Plan for the Southport area. The proposed improvements
are generally delineated.
a6. *Police, Fire, Emergency Medical
Southport provides fire and rescue services through volunteer
(� departments. The response area for -the rescue squad extends from the
u Intracoastal Waterway in Southport north along N.C. 133 to Orton
Plantation. To the west, the response area follows N.C. 211 to
Midway Road (S.R. 1500); and covers N.C. 133 between N.C. 211 and Oak
Island. The fire department serves the majority of this area, with
the county providing service to a few houses along N.C. 133. Maximum
^ response time within the service area is 15 minutes.
UThe fire department has 8 to 10 volunteers available during the
day and 18 to 22 available at night. Back-up support for the fire
department is provided by the Sunny Point Military Terminal Depart-
�J ment and the Yaupon Beach Volunteer Fire Department. The rescue
squad has approximately 30 members and maintains a three -person crew
on call at all times.
Both departments are well equipped. The fire department main-
tains four fire trucks and one equipment truck. Three -of the fire
atrucks are capable of pumping 750 gallons per minute (gpm) and one is
I-42
a

N
1:
U
�a
R lI0
Brunswick County 133 �.
Akpcwt -
1190).�-�� • T'
YAUPON ioxPOP. S69
Cq
a
NOTE: EXACT LOCATIONS
FOR SOUTHPORT CASWVL'BE
aCONNECTOR HAS NOT POP - tic
BEEN DETERMINED
MAP 8
0 1 2 MILES
SCALE IN MILES
THOROUGHFARES
REEWAY/EXPRESSWAY
LJI MAJOR
aMINOR
LARYND
t STRIKING
ISLAND
NOVEMBER, 1990
THOROUGHFARE PLAN
SOUTHEASTERN BRUNSWICK COUNTY
NORTH CAROLINA
LEGEND
FX I ST I NG PROPOSED
mit mmmmm
The prevaration of this map was finoncec
in port through a grant provided by the
North Carolina Coastal Management
Program. through funds provided by the
Coastal Zone Management Act of 1972
as amended, which is caministered by the
Office of Ocean and Coastal Resource
Management. National Oceanic and
Atmospheric Administration.

capable of pumping 1,250 gpm. The rescue squad maintains three ambu-
lances, one crash truck, and the only state certified/approved ambu-
lance boat in North Carolina. Both departments are located across
from City Hall on Nash Street. As the city expands northward into
the extraterritorial area, the need for a more central location will
increase.
The city has a fire insurance classification rating of five.
The city has a police department staffed with six full-time
police officers. Six patrol cars are maintained. The police depart-
ment is also located on Nash Street across from City Hall. In 1990,
the city's Board of Aldermen appointed a committee to investigate the
construction of a new police station. With the exception of the need
for a new police station and the possible addition of a fire station
north of the city, the City of Southport believes that police, fire,
and emergency medical services are adequate to provide for the
planning period.
7. Recreation
The city maintains a number of active and passive recreation
facilities. These are identified in Table 12 and are shown on
Map 9.
Table 12: Recreation Facilities, City of Southport
aName Location Size Facility Activity
Art Gallery West St. - Exhibit Passive
Horseshoe Park Moore St. 1/8 ac. Park benches Passive
Alvin C. Caviness Park Owen St. 3/4 ac. Active
Keziah Park Moore St. 1/4 ac. Park benches Passive
Waterfront Park Bay St. 9-ac. Park benches Passive
Franklin Square Park Howe St. 1 ac. Gazebo and Passive
park benches
City Gym Atlantic Ave. - 1 basketball Active
G - court
City Pier Bay St. 1 pier and Active
floating dock
Stevens Park Little Ninth St. 12 ac. Baseball Active
League Complex fields
Small Boat Harbor Brunswick St. - 30 boat slips Active
n Senior Citizens Center Ninth St. - Club Room Active
U Active recreational facilities are considered to be those which
provide playing fields or facilities for organized or participatory
activities. Passive recreational facilities are those used for
natural areas, visual areas, or sitting/rest areas.
C The city contains the State Ports Authority facilities, located
on Brunswick Street. The facility is operated by a private vendor
and contains slips for approximately 90 boats. Two concrete boat
ramps are provided.
a
I-44

I
e i
cm urns
15
dW
The preparation of this map was financed M part
through a grant provided by the North Carolina
Coastal Management Program, through funds
provided by the Coastal Zone Management Act of
137Z as amended, which Is administered by the
Office of Ocean and Coastal Resource
Management. National Oceanic and Atmospheric
Administration.
LEGEND
I. WATERFRONT PARK i PIER
2. CITY HALL
3. POST OFFICE
4. POLICE, FIRE i RESCUE
5. CITY GYM
6. SENIOR CITIZEN'S CENTER
7. BOAT HARBOR
S. S.P.A. BOAT HARBOR
9. SEWAGE TREATMENT PLANT
10. NORTHWOOD CEMETERY
11. JOHN SMITH CEMETERY
12. OLD MORSE FAMILY CEMETERY
13. BRUNSWICK COUNTY COMMUNITY COLLEGE ANNEX/
BRUNSWICK CONCERT i THEATRICAL SOCIETY, INC.
14. TENNIS COURTS
15. SOUTHPORT ELEMENTARY SCHOOL
16. STEPHENS PARK LITTLE LEAGUE COMPLEX
17. CITY GARAGE
18. SOUTHPORT—FORT FISHERR FERRY
19. J. ARTHUR DOSHER MEMORIAL HOSPITAL
20. ART GALLERY
21. SENIOR CITIZEN'S CLUBHOUSE
22. OLD SMITHVILLE BURIAL GROUND
COMMUNITY FACILITIES
CITY OF
SOUTHPORT
NORTH CAROLIN°A
rt
1
NOTE: SOUTHPORT'S SOUTHERN
CORPORATE LIMIT LINE FOLLOWS THE MAP 9
SHORELINE OF THE CAPE FEAR RIVER AND
THE INTRACOASTAL WATERWAY

a While not normally considered recreational facilities, there are
several significant open space areas which add to the attractive
peaceful landscape which exists in Southport. These include Fort
a Johnston, Northwood Cemetery, Old Smithville Burial Grounds, John
Smith Cemetery, Old Morse Family Cemetery, and the entire riverfront
shoreline area along Bay and Brunswick Streets.
rl In 1990, the city utilized $7,709 in state beach and waterfront
l� access funds and $2,569 in local funds to make improvements to the
City Pier and install a floating dock. In addition, mooring buoys are
a to be installed off and paralleling the Cape Fear River shoreline.
These improvements will increase public access to the city's central
business district, service facilities, and historic properties. This
a activity was in support of the 1979 Southport Downtown and Waterfront
Revitalization Plan which called for improvements in the city's
waterfront area.
(� 8. Drainage
In 1983, the City of Southport employed Henry von Oesen and
Associates, consulting engineers, to prepare a city-wide comprehensive
master drainage plan. The document, completed in 1984, analyzed
drainage patterns and problems within the city, recommended
improvements to existing drainage facilities, and recommended the
development of new drainage systems.
The
recommended improvements
were prioritized
and had a total
anticipated cost of $380,000. It
was recommended
that the city
attempt
to accomplish one or two
projects per year
over a four to six
year period. Table 13 provides
a summary of the projects
and their
astatus.
Table 13: Drainage Improvements,
City of
Southport
(�
�}
Rank
Project Area
Basin
Cost Status
l(tie)
Atlantic, Cape Harbor
Bonnett's Creek
$116,900 Complete
Drives, Memory Lane,
Herring Street
1(tie)
Alternate to above
project
Bonnett's Creek
$113,000 Complete
2
Willis Street near
Bonnett's Creek
$ 3,000
Leonard Street
3
Eighth Street
Cottage Creek
$ 81,700
4
Leonard Street
Cottage Creek
$ 47,100 Complete
5
Caswell Street
Cape Fear River
$ 52,500
6
Howe Street
Cape Fear River
$ 23,250
a8
7
Brown Street
Rhett Street
Bonnett's Creek
Cape Fear River
$ 5,650
$ 11,000
9
Atlantic Avenue
Cape Fear River
$ 39,200
I-46

The Leonard Street project was elevated in priority because it was
funded as a part of the city fiscal year 1986 Community Development
Block Grant project.
The city rewrote its Subdivision Ordinance in 1989-1990. In
support of the master drainage study, new and upgraded storm drainage
requirements were included in the ordinance. These requirements apply
to both the city and its extraterritorial jurisdiction.
9. Health Services
The City of Southport is provided comprehensive medical care by
the J. Arthur Dosher Memorial Hospital. The hospital, founded in
1930, is undergoing its 60th anniversary in 1990. The facility is
owned by the taxpayers of Smithville Township and is managed by an
elected Board of Trustees. The hospital has 40 beds, a staff. of
approximately 125, and serves over 20,000 inpatients and outpatients
annually. Two fully -staffed operating rooms provide general surgery
as well as orthopedic, gynecological, and urological surgery. Other
departments include radiology, physical therapy, respiratory therapy,'
pharmacy, speech therapy, and clinical psychology. The hospital has a
helicopter pad utilized for the rapid transport of critically ill
patients. Dosher Memorial Hospital is dedicated to providing its
community with a high level of medical care. .
I-47

SECTION II: PROJECTED LAND DEVELOPMENT ANALYSIS
A. PROJECTED DEMAND FOR DEVELOPMENT
1. Demographic Trends
Table 14 provides the estimated population for the City of
Southport and other Brunswick County municipalities through 2000.
The population forecast does not take into account the possibil-
ity of annexations of residential areas. It is anticipated that
within the planning period some annexations will occur. In 1989, the
city attempted annexation of a large area which included Jabbertown
Road, Pfizer, Inc., and Cogentrix properties and commercial areas on
North Howe Street, N.C. 211, and N.C. 87. The annexation action
failed when the city's voters defeated a bond referendum on
September 12, 1989, which would have financed the extension of sewer
service into the area. The proposed annexation area included 682
residents. Obviously, any such annexation action would have a
significant impact on the city's population base.
Without annexation, the city's population is forecast to increase
slightly through 1995 and 2000. The overall 10-year growth rate of
9.7% is well below the county's projected growth rate of 31.50. In
fact, only two Brunswick County municipalities have lower forecast
growth rates.
In 1990, the city had approximately 570 acres of undeveloped land
remaining within the corporate limits. However, much of this land is
located in flood -prone areas along Bonnett and Cottage Creeks. Many
other vacant parcels are not suited for residential development. It
is estimated that approximately one-third of the vacant property is
suitable for residential development. That property could support an
average of .four dwelling units per acre for a total of 750 dwelling
units. Based on an average family size of 2.65, the additional
dwelling units would accommodate a population increase of 1,987.
Thus, there is ample land available to provide for Southport's
forecast population increase.
Southeastern Brunswick County.and the beach communities will be
heavily impacted by seasonal overnight population. However,
Southport's in -town seasonal population growth is expected to con-
tinue to be minimal. Seasonal population traveling to the Oak Island
communities and Bald Head Island will have substantial positive
economic impact on the city's businesses. Also, the seasonal popula-
tion will place heavy demand upon the regional transportation
system.
2. Commercial and Industrial Land Use
Commercial development is expected to occur gradually during the
next five to ten year period. The following areas will be the focus
of that development:
-- Howe Street Corridor
-- State Port and small boat harbor area
-- N.C. 211/N.C. 87 intersection

Table 14: Total Year-round Population Projections
by Township and Municipality
Brunswick County, 1918-2000
Township Municipality or Area Year -(Round Population
1988 1995 2000
1) Lockwood Folly
2) Waccamaw,
3), Northwest
4) Shallotte
5) Smithville
6) Town Creek
Bald Head Island
Holden Beach
Shallotte*
Unincorporated Areas
Total Township
Total Township
Navassa
Unincorporated Areas
Total Township
Calabash
Ocean Isle Beach
Shallotte*
Sunset Beach
Unincorporated Areas
Total Township
Caswell Beach
Southport
Long Beach
Yaupon Beach
Unincorporated Areas
Total Township
Belville **
Bolivia
Boiling Spring Lakes
Unincorporated Areas
Total Township
Total Municipalities
Total Unincorporated Areas
Total County
37
368
475
11,666
12,546
2,773
532
7,894
8,426
221
564
521
646
11,014
12,966
353
3,188
2,987
758
2,249
91535
60
274
1, 795
8,591
10,720
12,779
44,187
56,966
Percentage Increase
Overall
1988-1995 1995=2000 1988-2000
58
70
56.8%
20.7%
89.2%
435
483
18.3%
11.0%
31.3%
475
475
0.0%
0.0%
0.0%
14,145
15,911
21.2%
12.5%
36.4%
15,113
16,939
20.5%
12.1%
35.0%
3,144
3,409
13.4%
8.4%
22.9%
578
611
8.6%
5.7%
14.8%
8,980
9,755
13.8%
8.6%
23.6%
91558
10,366
13.4%
8.4%
23.0%
267
300
20.8%
12.3%
35.6%
772
921
36.9%
19.2%
63.2%
677
789
30.0%
16.4%
51.4%
815
936
26.2%
14.8%
44.8%
13,611
15,462
23.6%
13.6%
40.4%
16,142
18,408
24.5%
14.0%
42.0%
473
559
34.0%
18.1%
58.3%
3,368
3,496
5.6%
3.8%.
9.7%
31552
3,955
18.9%
11.3%
32.4%
851
918
12.3%
7.8%
21.1%
2,624
2,891
16.7%
10.2%
28.5%
10,868
11,819
14.0%
8.8%
24.0%
54
45
-10.0%
-16.7%
-25.0%
285
293
4.0%
2.7%
6.8%
21189
21470
22.0%
12.8%
37.6%
10,092
11,166
17.5%
10.6%
30.0%
12,620
13,974
17.7%
10.7%
30.4%
141,849
16,320
16.2%
9.9%
27.7%
52,598
58,594
19.0%
11.4%
32.6%
67,447
74,914
18.4%
11.1%
31.5%
Sources: North Carolina State Data Center, Office of'State Budget and Management
Brunswick County Planning Department, "Popullation and Housing Counts, 1980-1988"
* Part of Municipality in this Township
** Belville population source is 1988 Belville CAMA LUP

7
Extensions of central sewer service into the city's extraterri-
torial area will stimulate commercial development. Many lots
adjacent to N.C. 211 and N.C. 87 which are limited in use without
central sewer could be developed. Care must be taken to regulate
strip commercialization along Howe Street, N.C. 211, and N.C. 87.
Uncontrolled development will detract from the city's appearance and
�] seriously impair the ability of the city's major roads to effectively
u provide for transportation needs.
a The small boat harbor area is currently in need of improvement.
The city's dock facilities need repair and the shoreline areas need
bulkheading, parking areas, and landscaping. The small boat harbor
D could be a major focal point for development. The city should under-
take preparation of a detailed development plan for the harbor.
The city's Central Business District (CBD) has experienced some
(� decline and is no longer the principal retail area. The area is
�j occupied by services and small specialty shops. There are few vacant
structures. Southport's Economic Development Council has devoted
C much attention to the need to renovate the central business district.
The city should integrate its planning effort to coordinate improve-
ments within the small boat harbor, riverfront, and central business
district areas. Without active planning and a coordinated approach,
LJ decline of the city's central business district area may be expected
LJ to continue.
Industrial development is not expected to occur within the city's
existing corporate limits. Not only is land area limited, but
industrial development would be incompatible with existing land use
patterns. Pfizer, Inc., and Cogentrix will continue to be the prin-
cipal industries within the city's extraterritorial jurisdiction.
Additional industrial development should be encouraged to occur
northeast of the city generally north of Jabbertown Road, east of
(� N.C. 87, and north of the city limit line to the east of Leonard
(j Street. This is also the primary area which had industrial zoning in
1990. The major concern for industrial development of the area will
be ground transportation accessibility. Currently, the principal
access to the area from N.C. 87 is along Jabbertown Road, a residen-
tial area. The development of an alternate route should be pursued.
3. Housing Trends
Since 1985, major residential subdivision development has begun
(� to occur to the west and northwest of Southport. This is expected to
�f continue. Over 700 acres of vacant developable land exists northwest
of the city which would be suitable for residential development. At
medium densities, approximately 2,800 dwelling units could be con-
structed. Residential development of the area will be long-term
extending well past 2000. The commitment to medium density middle to
upper income housing in the area is anchored by the Indigo Plantation
(� and Smithville Woods subdivisions.
I

Within the city's corporate limits, substandard housing will
continue to be an area of concern. The city's aging housing stock,
coupled with a large elderly population living on fixed incomes, will
serve to perpetuate the substandard housing problem. The major con-
centrations of substandard housing will continue to be in the Rhett
Street area and an area generally bounded by West 11th Street, Lord
Street, Brown Street, and Burrington Avenue. Within the city's
extraterritorial area, a major concentration of substandard housing
exists along Jabbertown Road.
The city has been successful in having FY1986 and FY1988 appli-
cations for Community Development Block Grant funds approved. In
order to further reduce the amount of substandard housing, Southport
must continue to compete for state and federal housing assistance
funds.
4. Public Land Use
Public land use is not expected to change substantially during
the planning period. The city may undertake the construction of a
new police station. In addition, long-range relocation of the fire
and rescue facilities may become necessary. Other improvements may
occur along public waterfront areas and at the small boat harbor. No
major acquisitions of public property are anticipated.
5. Areas Likely to Experience Major Land Use Changes
The-city-has-an-establ-ished-zoning-or-dinance-controlling-incom- (_j_
patible land uses. The city has had an effective planning program
which regulates development and land use. No major changes in the
existing patterns of land use are expected to occur throughout the
planning period. Existing vacant land will gradually continue to be
developed. However, the development should be consistent with exist-
ing land use patterns. It is expected that residential development LJ will continue within the extraterritorial jurisdiction west and LJ
northwest of the city of Southport. This transition will be the most
visible change in land use expected to occur within the planning
period.
Beyond the city's extraterritorial jurisdiction, changes in land
use may occur which could adversely affect the city. An example is
strip commercialization along N.C. 133 leading to Oak Island. The fl
city should support a cooperative effort with Brunswick County to
accomplish effective regional planning. �1
11 V� F l
The greatest obstacle to continued growth and development within `J
Southport's planning jurisdiction is the lack of central sewer
service. Sewer facilities can be extended as individual residential
and commercial developments occur. However, the greatest boost to
sewer service expansion would be the annexation of areas by the city
or adoption of an ordinance requiring all subdivisions to be provided n

central sewer service. The city has the capability to provide treat-
ment for development throughout the extraterritorial area. The pro-
vision of central sewer service in the extraterritorial jurisdiction
is crucial to Southport's long-term growth.
Map 10 identifies some key development areas and issues which
will confront Southport during the planning period. These are
summarized as follows:
-- Continuing commercialization around the N.C. 211/N.C. 87
intersection.
-- Continuing strip commercialization along Howe Street.
-- Continuing industrial development north and northeast of the
City of Southport.
-- Developing residential usage west and northwest of the city.
-- Preservation of the natural and architectural quality which
exists along Southport's riverfront area.
-- Renovation/redevelopment of the Southport Central Business
District.
-- Improvement of public
facilities at the small
boat harbor.
-- Continuing support for
the Historic District.
_�
-- Continuing redevelopment of areas having concentrations of
substandard housing.
Table 15 provides a very
dwelling unit growth. These
general forecast of land
forecasts provide within
use and
the city's
total planning jurisdiction a
broad indication of growth. However,
residential growth will.lead
changes in land use during the 1990s.
TABLE 15: FORECAST LAND USE
WITHIN TOTAL PLANNING
JURISDICTION
n
Use
1995 2000
Units Acres Units Acres
uLand
Single-family
1078 499.6 1400
569.5
C
Multi -family
330 60.2 594
108.0
Mobile Home
146 32.1 189
41.9
TOTAL RESIDENTIAL:
1554 591.9 2183
719.3
Commercial
122.4
134.6
Industrial
137.2
151.0
Institutional
Transportation/Communication
91.5
100.7
L
Utilities
590.5
631.8
Undeveloped
2106.5
1902.6
TOTAL ACREAGE:
3640.0
3640.0
II-5
a

i
DEVELOPING
RESIDENTIAL
The preparation of this map was financed In part
through a grant provided by the North Carolina
Coastal_ Management ProgroM through funds
provided by the Coastal Zone Management Act of
1972, as amended, which is administered by the
Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric
Administration.
INDUSTRIAL
DEVELOPMENT
NOTE: SHADED AREA SHOWS CITY OF
SOUTHPORT HISTORIC DISTRICT
KEY DEVELOPMENT AREAS
CITY OF
SOUTHPORT
NORTH CAROLINA
•• Ll •J .<.t
RIVER FRONT
YA,14nq,'• :.;� ;fir:•��'"• AREA 'I
{ NOTE: SOUTHPORT'S SOUTHERN
�!� r CORPORATE LIMIT LINE FOLLOWS THE MAP to
SHORELINE OF THE CAPE FEAR RIVER AND
THE INTRACOASTAL WATERWAY

B. PROJECTED PUBLIC FACILITIES NEEDS/AVAILABILITY
Projected population growth, whether it continues at the recent rate
or accelerates due to economic factors, will place an increased
burden on community facilities during the planning period. Existing
and proposed public facilities such as water, sewer, drainage,
medical, schools, recreational facilities, and solid waste disposal
should be adequate to serve the population within the existing city
limits throughout the planning period, even if population projections
were to increase significantly. User fees and tie -on fees for sewer
use should also be adequate to cover the cost of serving additional
sewer customers within the existing city limits.
A significant facilities problem brought about by development within
the city's planning jurisdiction during the planning period will be
increasing traffic congestion. This will be a primary concern in the
regulation of commercial development, which will affect parking
requirements, lot size, setback requirements, driveway access, speed
limits, and sign -ordinances. Congestion problems will be a partic-
ular concern on Howe Street, N.C. 211, and N.C. 87. Care must be
taken to coordinate the design and development of the street systems
in individual subdivisions to insure an integrated city-wide street
system.
The completion of the city sewer system upgrade in 1987 ensures the
availability of sewage treatment capacity to accommodate population
growth throughout the planning period. In addition, the passage of a
sewer ordinance in 1988 requires all existing structures to be
connected to the central sewer system. Thus, within the planning
period, sewer service within the city will be complete.
The majority community facility need within the planning period may
be the construction of a new police station, as discussed earlier in
this plan. In addition, the city may begin planning for the reloca-
tion of the fire and rescue facilities to a more central location.
Annexation Plans
The City of -Southport will be confronted with the question of
(j annexation during the planning period. Annexation is essential to
expanding the tax and population base to support the provision of
urban services. This is especially important since many of those
city supported urban services provide support to people residing
C within the extraterritorial area. These extraterritorial services
include water, sewer, fire, rescue, and electricity.
(� In order to accomplish orderly annexation and growth, the city
L� should undertake the following:
D -- Reconsider annexation of the area considered for annexation
in 1989. See Map 11.
-- Adopt policies requiring new subdivisions to be connected to
central water and sewer service.

LJ
-- Prioritize areas for long-range annexation. Map 11 delin-
eates suggested priorities for development. The following
n
provides a general description of these areas:
U
Priority 1 - Includes the area defined by the City's 1989
Annexation Plan. That area generally included Pfizer,
Cogentrix, Jabbertown Road, and the area around the
N.C. 87/N.C. 133 intersection. The area included
approximately 562 acres.
Priority 2 - Includes an area extending from Forest Oaks west
along Robert Ruark Drive to and including Smithville
I
11�Generally,
Woods. the area includes 225 acres.
-
Priority 3 Includes an area along both sides of N.C. 87
south of the CP&L Canal. The area includes approximately
(�
(�
115 acres.
Priority 4 - Includes an area located south of Robert Ruark
•
Drive opposite Forest Oaks. The area includes approxi-
mately 55 acres.
n
11
Priority 5 - Includes an area lying between Robert Ruark
Drive and the City's baseball field complex. The area
l•
includes approximately 180 acres.
H
0
III
I
Priority 6 - Includes the area generally lying between Robert
Ruark Drive, Forest Oaks, and the CP&L Canal. The area
includes approximately 155 acres.
-- Encourage voluntary annexations.
-- Expand the city's extraterritorial jurisdiction as annex-
ations occur.
II-9

C. REDEVELOPMENT ISSUES
The City of Southport will continue to pursue redevelopment of its
residential areas. Map 10 delineates the city's concentrations of
substandard housing. Based on the city FY1988 Community Development
application, approximately 100 dwelling units remain within the city
which are suitable for rehabilitation. The city will continue to
pursue housing rehabilitation assistance through the state's Commun-
ity Development program. In addition, the city will enforce its
minimum housing code to insure the demolition of structures which are
dilapidated and cannot feasibly be repaired to a standard condition.
It is estimated that at least four additional Community Development
projects would be required to eliminate all substandard housing
within the 1990 Southport corporate limits.
The second major redevelopment need is the city's central business
district. Very little change has occurred in the central business
district, waterfront, and boat basin areas since preparation of the
1985 plan.
These areas are interrelated and should be dealt with as a unit. The
1979 revitalization plan for the central business district and water-
front areas set forth the following goals and recommendations:
Goals
° To capitalize on the waterfront as the key to downtown
revitalization.
° To recognize and protect significant natural and aesthetic
resources, such as tree canopies and existing park areas.
° The need for cooperation between CBD merchants to enhance
individual and collective economic potential, and the need
for cooperation between the public and private sectors.
Recommendations
° A proposal to link Franklin Park to the waterfront park by
means of a safe, well -lighted pedestrian path and/or
sidewalk.
° Proposed improvements to storefronts and signage in the CBD
to enhance the historic and aesthetic character of the area.
° A proposal to reduce a four -lane stretch of Moore Street
between Lord and Davis Streets to two lanes and provide
diagonal parking.
II-10

I
° The suggested use of landscaping to create more appealing
shopfronts, sidewalks and parks in the CBD and vicinity.
° Suggestions on methods of improving the docking facilities at
the Yacht Basin through the cooperation of property owners.
° Proposals to address existing erosion and parking deficien-
cies in the vicinity of the Yacht Basin.
These goals and recommendations should be reviewed, and an
(� updated detailed central business district/waterfront revitalization
plan prepared. The update should expand the scope of the study to
Q include not only the central business district but also the historic
district and the State Port Authority/small boat basin area.
A third area of concern would be redevelopment of areas following
(� a hurricane or other natural disaster. The specifics of such
L redevelopment are dealt with in the storm hazard mitigation and post -
disaster reconstruction plan. However, the City of Southport will
support the reconstruction of any properties destroyed by natural
disaster.
There are not any major infrastructure maintenance problems.
Both the city's water and sewer systems are in good repair.
Southport is a member of ElectriCities and maintains its own electric
system. Electricity is purchased from the ElectriCities system and
Carolina Power and Light Company. The system is aging and during
recent years has encountered some operational problems. However,
intensified efforts are underway by the city to improve maintenance
and operation of the system.'
D. INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION
This plan was reviewed by the Brunswick. County Planning Depart-
ment prior to certification by the Coastal Resources Commission.
This review was provided to help ensure consistency of this plan with
Brunswick County's planning efforts. Intergovernmental coordination
and cooperation will continue through the 10-year planning period.
This will be essential to accomplish effective planning for public
utilities, thoroughfare projects, community facilities, housing
needs, and environmental protection. The City Manager's office and
the city's Planning Board will be responsible for ensuring adequate
coordination with Brunswick County, the Oak Island towns, and other
government entities as may be required.

u
SECTION III: INTRODUCTION TO POLICY STATEMENTS
The existing conditions in Section I of this plan identified a number
of land use problems and areas of concern associated with ongoing
development. The CAMA planning process requires that specific poli-
cies be developed to address growth management. These policies must
be based on the needs and objectives of the citizens of Southport.
In addition, the objectives of the Coastal Resources Commission must
be addressed. Policies contingent on local government/CAMA objec-
tives should not pose too great an administrative and enforcement
(� burden on town government, nor should stated policies restrict
healthy, environmentally -compatible residential and commercial growth
needed for Southport to achieve its community and economic develop-
ment goals.
The Coastal Resources Commission requires all governments to specify
stated development policies under each one of five broad topics in
this Land Use Plan. These topics include:
° Resource Protection
° Resource Production and Management
° Economic and Community Development
° Continuing Public Participation
° Storm Hazard Mitigation, Post -Disaster Recovery, and
Evacuation Plans
j1 Based on the analysis of existing conditions and trends, suggestions
from the city's citizens, and discussion with the city's Planning
Board, the policies outlined in the following section have been
formulated to provide a guide for advising and regulating development
of available land resources in Southport throughout the current
planning period, or through 2000.

POLICY STATEMENTS
A. RESOURCE PROTECTION POLICY STATEMENTS
Physical Limitations
Soils: To mitigate existing septic tank problems and other
restrictions on development posed by soil limitations, Southport
will:
(a) Enforce, through the development and zoning permit process, all
current regulations of the N.C. State Building Code and
Brunswick County Health Department relating to building
construction and septic tank installation/replacement in areas
with soils restrictions.
(b) Coordinate all development activity with appropriate county and
state regulatory personnel, and in particular, with the
Brunswick County Sanitarian.
(c) Support the development of a central sewer system to serve areas
of Southport's extraterritorial planning jurisdiction.
(d) Cooperate with the U.S. Army Corps of Engineers in the
regulation/enforcement of the 404 wetlands permit process.
However, additional wetlands regulations will not be imposed by
the city.
Flood Hazard Areas:
(a) Southport will continue to coordinate all development within the
special flood hazard area with the city's Inspections Depart-
ment, North Carolina Division of Coastal Management, FEMA, and
the U.S. Corps of Engineers.
(b) Southport will continue to enforce its existing zoning and flood
damage prevention ordinances and follow the storm hazard
mitigation plan herein.
Groundwater/Protection of Potable Water Supplies: It shall be the
policy of Southport to conserve its surficial* groundwater resources
by enforcing CAMA and N.C. Division of Environmental Management
stormwater run-off regulations, and by coordinating local development
activities involving chemical storage or underground storage tank
installation/abandonment with Brunswick County Emergency Management
personnel and the Groundwater Section of the North Carolina Division
of Environmental Management. During the planning period, the city
shall review and amend the local zoning ordinance with regard to
underground chemical and gasoline storage regulations to ensure a
minimum of risk to local groundwater resources.
*Groundwaters which are at or just below the surface.
III-2

Manmade Hazards:
(a) Southport will support the technical requirements and state
program approval for underground storage tanks (40 CFR, Parts
280 and 281), until such time as the State Division of Environ-
mental Management is authorized to regulate underground storage
tanks under North Carolina state law.
(b) Southport supports growth and expansion of the North Carolina
State Port Terminal at Wilmington.
(c) Southport opposes the temporary or permanent storage or disposal
of any toxic wastes within its planning jurisdiction.
Stormwater Runoff:
(a) Southport recognizes the value of water quality maintenance to
the protection of fragile areas and to the provision of clean
water for recreational purposes. The city will support state
regulations relating to stormwater runoff resulting from devel-
opment (Stormwater Disposal Policy 15NCAC2H.001-.1003).
(b) The City of Southport will support and implement the recommen-
dations of the 1984 Master Drainage Plan.
Cultural/Historic Resources:
(a) Southport shall coordinate all housing code enforcement/redevel-
opment projects with the N.C. Division of Archives and History,
to ensure that any significant architectural details or build-
ings are identified and preserved.
(b) Southport will coordinate all public works projects with the
N.C. Division of Archives and History, to ensure.the identifica-
tion and preservation of significant archaeological sites.
Industrial Impacts on Fragile Areas: Industrial development which
can comply with the use standards specified by 15A NCAC 7H and the
City of Southport Zoning Ordinance may be located within conservation
classified areas. Industrial development will not be allowed within
the Historic District. The City of Southport will work with the
L U.S. Army Corps of Engineers to coordinate local approval of indus-
trial projects with the 11404" permitting process.
Miscellaneous Resource'Protection
Package Treatment Plant Use: The City of Southport will support the
construction of package treatment plants which are approved and per-
mitted by the State Division of Environmental Management.
If any package plants are approved, Southport supports requirement of
(� a specific contingency plan specifying how ongoing private operation
�! and maintenance of the plant will be provided, and detailing pro-
visions for assumption of the plant into a public system should the
private operation fail.
III-3

Marina and Floating Home Development: Southport will enforce the 11 following policies to govern floating homes and marina development: 11
(a) Southport will allow the construction of marinas, including
upland marinas, within its planning jurisdiction which satisfy
the use standards for marinas as specified in 15A NCAC 7H. This
shall include marinas proposed for location within Conservation
areas. (�
(b) Southport will allow construction of dry stack storage facili-
ties for boats associated either with or independent of marinas. a
All applicable zoning and subdivision regulations must be
satisfied.
(c) The City of Southport will investigate the adoption of an
ordinance to regulate the location of floating homes within its
jurisdiction. Presently floating homes are not an issue or
problem within the Southport planning jurisdiction. However,
Southport discourages the anchoring of floating homes within its
planning jurisdiction.
Development of Sound and Estuarine Islands: Southport opposes any
new development on sound and estuarine islands.
Bulkhead Construction: Southport supports the construction of bulk-
heads as long as they fulfill the use standards set forth in
15A NCAC 7H.
Sea Level Rise: Southport recognizes the uncertainties associated
with sea level rise. The rate of rise is difficult to predict.
Those factors combine to make it difficult, if not impossible, to
establish specific policies to deal with the effects of sea level
rise.
Southport will implement the following policies to respond to sea
level rise:
(a) The City of Southport will continuously monitor the effects of
sea level rise and update the land use plan policies as
necessary to protect the City's public and private properties
from rising water levels.
(b) In response to anticipated sea level rise, Southport will review
all local building and land use related ordinances to establish
setback standards, long-term land use plans, density controls,
bulkhead restrictions, buffer vegetation protection require-
ments, and building designs which will facilitate the movement
of structures.
(c) Southport will support bulkheading to protect its shoreline
areas from intruding water resulting from rising sea level.
III-4

B. RESOURCE PRODUCTION AND MANAGEMENT POLICIES
Recreation Resources:
(a) The City'of Southport supports redevelopment of the small boat
harbor area. This should be a cooperative public -private sector
venture. Any plans for redevelopment should be closely coordi-
nated with plans for redevelopment of Southport's Central
Business District.
(b) The City of Southport continues to define, finance and construct
publicly -owned waterfront recreational facilities.
(c) The city will refine existing zoning and related ordinances to
provide a more unified waterfront development character, pre-
serve and make maximum use of existing natural areas and green
spaces, minimize impacts of natural hazards, and preserve public
access to the Cape Fear River.
(d) The city will continue to support a comprehensive recreational
program to provide a broad range of recreational facilities for
its citizens.
Productive Agricultural Lands: Southport supports and encourages
use of the U.S. Soil Conservation Service -"Best Management Practices"
program to protect productive.agricultural lands.
Productive Forest Lands: Southport encourages and supports
utilization of the Forest Best Management Practices Manual, 1989,
North Carolina Division of Forest Resources for all forestry
operations.
Residential, Commercial, and Industrial Development Impacts on
Resources: Residential, commercial, and industrial development
which meets 15A NCAC 7H use standards will be allowed in estuarine
shoreline, estuarine water, and public trust areas. In all other
areas, development will be allowed that is consistent with the city's
Subdivision and Zoning Ordinances.
Marine Resource Areas:
(a) Southport supports the use standards for estuarine and public
trust areas as specified in 15A NCAC 7H.0207.
(b) In structures that extend into or over estuarine and public
trust waters, replacement of structures and/or change of use
will be allowed so long as the structure will not be enlarged
beyond its original dimensions and if they are found to be
consistent with current CRC rules or if allowed by the CRC.
(c) The City of Southport reserves the right to comment on the
individual policies and requirements of the North Carolina
Division of Marine Fisheries.
C. ECONOMIC AND COMMUNITY DEVELOPMENT
General: Southport desires to expand its economic base, including
out rism, commercial fishing, retail and wholesale trade, real estate
and construction, and industrial development. However, Southport
does not want to jeopardize Conservation areas. Southport will.sup-
port growth and development at the densities specified in the land
III-5

classification definitions. These densities are consistent with
existing City of Southport zoning. The desired pattern of develop-
ment is shown on the Land Classification Map 13. Key development
areas are shown on Map 10 and identified on Page II-5.
Water Supply:
There are not any significant constraints to development or land
development issues relating to the city's potable water supply.' The
city's,water system will provide adequate water supply throughout the
planning period. The city's policies concerning water supply shall
be:
(a) The city requires that all existing and new residential and
commercial development be connected to both the city water and
sewer systems.
(b) The city will allow the installation of private wells for
irrigation only through the NCDEM permit process.
(c) The City of Southport will ensure that the preceding two poli-
cies are carried out through the local zoning permit process.
Sewer System:
There are not any problems or constraints to development caused by
the city's sewage treatment system. The city will implement the
following policies:
(a) The -City of Southport adopted a revised subdivision ordinance in
1990 requiring all subdivisions to have central sewer service.
The city will develop and implement a reimbursement agreement to
allow developers to recapture some or all of their expense to
extend water and sewer lines to new subdivisions.
(b) The City of Southport will support, through its Subdivision
Ordinance, the development of central sewer service throughout
its extraterritorial planning jurisdiction.
Stormwater:
(a) Southport will cooperate with the NCDOT, the North Carolina
Division of Environmental Management, and other state agencies
in mitigating the impact of stormwater runoff on all conser-
vation classified areas. The city will support the Division of
Environmental Management stormwater runoff retention permitting
process through its zoning permit system.
(b) The city will attempt to apply for grant funds, and utilize
Powell Bill funds, to improve stormwater drainage systems
associated with existing rights -of -way.
(c) The city will -continue to implement its master drainage plan.

Energy Facility Siting and Development: Southport will implement
the following energy facility siting and development policies:.
(a) The CP&L nuclear power plant and the Cogentrix steam -generating
plant are the only energy generating facilities located within
the city's extraterritorial jurisdiction. The city will con-
sider the need for expansion of these and other energy facili-
ties on a case -by -case basis, judging the need for expansion
against all identified possible adverse impacts.
(b) Southport will not oppose drilling operations and onshore
support facilities for which an environmental impact statement
has been prepared with a finding of no significant impact on the
environment.
Redevelopment of Developed Areas: The most significant redevel-
opment issue facing Southport through 2000 is substandard housing.
During the planning period, the city will attempt to correct its
worst substandard housing conditions by:
(a) enforcing the city's Minimum Housing Code;
(b) applying for Community Development Block Grant Community
Revitalization funds;
(c) coordinating redevelopment efforts with the Southport Building
Inspections Department.
A second redevelopment concern would be reconstruction following a
hurricane or other natural disaster. Section E. Storm Hazard Mitiga-
tion, Post -Disaster Recovery, and Evacuation Plans provides policies
for responding to hurricanes or other natural disasters. Those poli-
cies address reconstruction needs. The city will allow the recon-
struction of any structures demolished by natural disaster when the
reconstruction complies with all applicable local, state, and federal
regulations. However, reconstruction cannot be more intense than
that which previously existed. This is governed by the city's Zoning
Ordinance.
Annexation: The City of Southport will pursue expansion through
voluntary, involuntary, and satellite annexations. Priorities for
annexation are identified on Pages II-7 through II-9.
Estuarine Access: Southport supports the state's shoreline access
policies as set forth in Chapter 15A, Subchapter 7M of the North
Carolina Administrative Code. The city will conform to CAMA and
other state and federal environmental regulations affecting the
(} development of estuarine access areas. The city has a Shoreline
�} Access Plan that was expected to be adopted in December, 1990. That
plan is considered a functional extension of this land use plan, and
its policies/ recommendations will be supported by the City of
Southport. The city will continue participating in state/local
sponsored access projects.
Types and Locations of Desired Industry: Industrial development
is extremely important to economic growth in Southport. The city's
heavy reliance on employment in the service and retail trade sector
(� should be balanced by the development of a stronger base of indus-
trial/manufacturing employment. However, the city desires to achieve
n III-7
U

responsible industrial development which will not adversely affect 11
the natural environment or the quality of established residential Lj
areas.
The following industrial development policies will be applied:
(a) Industrial sites should be accessible to municipal/central water
and sewer services.
(b) Industries which are noxious by reason of the emission of smoke,
dust, glare, noise, and vibrations, and those which deal primar-
ily in hazardous products such as explosives, should not be
located in Southport.
(c) Industrial development and/or industrial zoning should not a
infringe on established residential development.
Commitment to State and Federal Programs: Southport is generally
receptive to state and federal programs, particularly those which
provide improvements to the city. The city will continue to fully
support such programs, especially the following: the North Carolina
Department of Transportation road and bridge improvement programs,
the CAMA planning process and permitting programs, the Community
Development Block Grant program, and the Corps of Engineers regula-
tory and permitting efforts.
Assistance in Channel Maintenance: Proper maintenance of chan-
nels is very important to Southport because of the substantial
economic impact of commercial fisheries and successful operation of
the State Port at Wilmington.. If silt or other deposits fill in the
channels, safe and efficient movement of commercial fishing and
transport vessels could be impeded. Southport will consider on a
case -by -case basis the provision of assistance to the U.S. Army Corps
of Engineers and/or state officials to obtain spoil sites, provide
financial aid, and assist in securing or providing easements for
work.
Tourism: Southport will implement the following policies to
further the development of tourism:
(a) Southport will support North Carolina Department of Transpor-
tation projects to improve access to the city.
(b) Southport will support projects that will increase public access
to shoreline areas.
(c) Southport will continue to support the activities of the North
Carolina Division of Travel and Tourism; specifically, the moni-
toring of tourism -related industry, efforts to promote tourism -
related commercial activity, and efforts to enhance and provide
shoreline resources.
Transportation:
(a) Southport will support implementation of the 1988 Brunswick a
County Thoroughfare Plan.
III-8

(b) Southport will periodically review local ordinances relating to
speed limits and traffic flow with the goal of reducing conges-
tion and risk in severely -congested or unsafe areas.
D. CONTINUING PUBLIC PARTICIPATION POLICIES
a As the initial step in the preparation of this document,
Southport prepared and adopted a "Public Participation Plan." The
plan outlined the methodology for citizen involvement (see Appendix
I). Public involvement was to be generated through public informa-
tion meetings, advertising in local newspapers, and establishment of
a land use planning advisory committee to work with the Board of
Aldermen and Planning Board on the development of the plan.
A public information meeting was conducted at the outset of the
project on November 16, 1989, at 7:30 p.m., in the Southport Munici-
pal Building. Also, a description of the land use plan preparation
process and schedule was published in the State Port Pilot. Subse-
quently, meetings of the Planning Board and Advisory Committee were
held on December 21, 1989; January 18, 1990; February 15, 1990;
March 15, 1990; March 28, 1990; April 19,'1990; and May 9, 1990. All
meetings were open to the public. The Planning Board conducted a
public information meeting for review of and comment on the plan on
aJune 21, 1990. The meeting was advertised in the State Port Pilot.
The preliminary plan was submitted to the Coastal Resources
Commission for comment on June 30, 1990. Following receipt of CRC
comments, the plan was amended, and a formal public hearing on the
final document was conducted on December 13, 1990. The public
hearing was advertised in the State Port Pilot on November 7, 1990.
The plan was approved by the Southport Board of Aldermen on
December 13, 1990, and submitted to the Coastal Resources Commission
for certification. The plan was certified on February 1, 1991.
aCitizen input will continue to be solicited, primarily through
the Planning Board, with advertised and adequately publicized public
a meetings held to discuss special land use issues and to keep citizens
informed.
E. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY, AND EVACUATION
L PLANS
L The purpose of this section of the 1990 CAMA Land Use Plan is to
assist the City of.Southport in managing development in potentially
hazardous areas through establishing storm hazard mitigation policies
and to reduce the risks associated with severe storms and hurricanes
by developing post -disaster reconstruction/recovery policies.
The following pages will present the storm hazard mitigation and
post -disaster recovery policies, along with appropriate discussions
and maps. With some changes, this is the same detailed storm hazard
plan which was adopted in 1984 by the City. The plan has been well
received and the City desires to continue to utilize the same plan.
III-9
a

Map 12, Page III-16, is included to indicate the potential
impact of flooding on existing land uses. As stated in the flood
hazard areas section of this plan, it is estimated that less than 2%
of Southport's population resides in Flood Zone V, and approximately
10% resides within Flood Zone A. The majority of the flood zone
areas remain undeveloped and are AEC areas.
1. Storm Hazard Mitigation: Discussion
Hazard mitigation, or actions taken to reduce the probability or
impact of a disaster could involve a number of activities or
policy decisions. The starting point, however, is to identify
the types of hazards.'(including the relative severity and
magnitude of risks), and the extent of development (including
residential, commercial, etc.) located in storm hazard areas.
Hurricanes are extremely powerful, often unpredictable forces of
nature. The four causes of fatalities and property damage are
high winds, flooding, wave action, and erosion. Two of these,
high winds and flooding, apply to Southport.
a. High Winds
High winds are the major determinants of a hurricane, by
definition, i.e., a tropical disturbance with sustained
winds of at least 73 miles per hour. Extreme hurricanes can
have winds of up to 165 miles per hour, with gusts up to 200
miles per hour. These winds circulate around the center or
"eye" of the storm. Although the friction or impact of the
winds hitting land from the water causes some dissipation of
the full force, there is still a tremendous amount of energy
left to cause damage to buildings, overturn mobile homes,
down trees and powerlines, and destroy crops. Also,
tornadoes are often spawned by hurricane wind patterns.
Wind stress, therefore, is an important consideration in
storm hazard mitigation planning.
b. Flooding
The excessive amounts of rainfall and the "storm surge"
which often accompany hurricanes can cause massive coastal
and riverine flooding causing excessive property damage and
deaths by drowning. (More deaths are caused by drowning
than any other cause in hurricanes.) Flooding .can cause
extensive damage,in inland areas, since many coastal areas
have low elevations and are located in high hazard or "Zone
A" flood areas according to the Federal Emergency Management
Agency maps. Based on recent flood insurance maps prepared
for Southport, approximately 20% of the city's planning
jurisdiction is classified as being in the 100-year "high
hazard" flood zone, or Zone A (see Map 3.) Consideration of
potential flood damage is important to Southport's efforts
to develop storm mitigation policies.

LJ c. Policy Statements: Storm Hazard Mitigation
LJ In order to minimize the damage potentially caused by the
effects of a hurricane or other major storm, Southport
proposes the following policies:
High Winds
Southport supports enforcement of the N.C. State Building
Code. The city will continue to enforce the State Build-
ing Code on wind resistant construction with design
standards of 110 mph wind loads.
0
Flooding
Southport is an active participant in the National Flood
Insurance program and is supportive of hazard mitigation
r}
0
elements. Southport is participating in the regular
phase of the insurance program and enforces a Flood
Damage Prevention Ordinance. Southport also supports
continued enforcement of the CAMA and 404 Wetlands devel-
opment permit processes in areas potentially susceptible
to flooding. When reviewing development proposals, the
city will work to reduce density in areas susceptible to
flooding. In addition, the city will encourage the
public purchase of land in the most hazardous areas.
Evacuation Plans
The city will coordinate evacuation planning with the
Brunswick County Emergency Management Coordinator.
D
Southport will encourage motels, condominiums, and multi-
family developments (five or more dwelling units) to post
evacuation instructions that identify routes and the
D
locations of available public shelters. The city will
update an evacuation route map annually. Copies will be
.kept at the city's municipal building for free distri-
bution to the public.
Implementation: Storm Hazard Mitigation
fl
1. Southport will continue to enforce the standards of
the State Building Code.
2. The city will continue to support enforcement of
State and Federal programs which aid in mitigation of
hurricane hazards, including CAMA and the U.S. Army
Corps of Engineers 404 permit process, FEMA, as well
as local ordinances such as zoning and flood damage
prevention regulations.
3. The city will discourage high density development in
high hazard areas through implementation of the
city's Zoning Ordinance. The Zoning Ordinan_ce.con-
tains an open space district which is a low density
III-11

2.
zone. This zone may be applied in high hazard areas
and AECs.
4. The City of Southport supports the public acquisition
of high hazard areas with state and federal funds
when voluntary acquisition can be accomplished. The
city discourages condemnation of land for this
purpose.
Post -Disaster Reconstruction Plan n
Southport recognizes that in the event of a major storm, it will
be very important to have a general recovery and reconstruction
plan. This section of the Land Use Plan will address this
issue.
a. Appointment of a "Post -Disaster Recovery Team" {�
In the event of a major storm having landfall near U
Southport, when evacuation.orders are issued the Mayor shall ('}
appoint a "Post -Disaster Recovery Team." The total team may t�
consist of the following:
1. Mayor a
2. Fire Chief (team leader)
3. Police Chief
4. City Board of Aldermen members a
5. City Manager
The Fire Chief will serve as the team leader and will be a
responsible to the Mayor. The base of operations will be
the Emergency Operations Center (EOC) designated by the
governing body. The Post -Disaster Recovery Team will be
responsible for the following: n
1. Establishing an overall restoration schedule. lJ
2. Setting restoration priorities.
3. Determining requirements for outside assistance and n
requesting such assistance when beyond local 'U#
capabilities.
4. Keeping the appropriate County and State officials a informed.
5. Keeping the public informed.
6. Assembling and maintaining records of actions taken and
expenditures and obligations incurred.
7. Recommending to the Mayor to proclaim a local "state of
emergency" if warranted.
a
III-12
D

a
8. Commencing and coordinating cleanup, debris removal and
(� utility restoration which would include coordination of
U restoration activities undertaken by private utility
companies.
9. Coordinating repair and restoration of essential public
LJ
facilities and services in accordance with determined
priorities.
0
10. Assisting private businesses and individual property
owners in obtaining information on the various types of
assistance that might be available to them from Federal
0
and State agencies.
11. Coordinating public safety.
b. Damage Control Team
The City will prepare a list of individuals (by name and
address) who should be allowed to return to Southport in the
event of an evacuation and subsequent blockade. These
people would be allowed to return to aid with clean-up
operations. The list should include but not necessarily be
limited to people such as pharmacists, electricians, city
employees, etc.
c. Immediate Clean-up and Debris Removal
As -soon as practical after the storm, the Post -Disaster
Recovery Team will direct appropriate town personnel, and as
"
necessary, request State and/or Federal assistance to begin
clearing fallen trees and other debris from the city's roads
aand
bridges.
d. Long -Term Recovery/Restoration
aThe
Post -Disaster Recovery Team will be responsible for
overseeing the orderly implementation of the reconstruction
process after a major storm or hurricane in accordance with
the city's building and land use regulations and policies.
Damage Assessments
Damage assessments will be necessary to determine as
quickly as possible a realistic estimate of the amount
of damage caused by a hurricane or major storm.
D
Information such as the number of structures damaged,
the magnitude of damage, and the estimated total dollar
loss will need to be developed.
As soon as practical after the storm, i.e., clearance of
major roadways, the Post -Disaster Recovery Team Leader
ashall
set up a Damage Assessment Team (DAT) consisting
a
III-13

of the Building Inspector, a local realtor or building
contractor, and appropriate personnel from the Brunswick
County Tax Department. The DAT will immediately begin
to make "windshield" surveys of damaged structures to
initially assess damages and provide a preliminary
dollar value of repairs or replacement. The following
general criteria shall be utilized:
1. Destroyed (repairs would cost more than 80 percent
of value).
2. Major (repairs would cost more than 30 percent of
the value).
3. Minor (repairs would cost less than 30 percent of
the value, but the structure is currently
uninhabitable).
4. Habitable (some minor damage, with repairs less than
15 percent of the value).
Each damage assessment will be documented according to
County tax records. Also, city tax maps and/or records
may be used for identification purposes. The total
estimated dollar value of damages will be summarized and
reported to the Post -Disaster Recovery Team Leader.
Reconstruction Development Standards
Developed structures which were destroyed or sustained
"major damage" and which did not conform to the city's
building regulations, zoning ordinances, and other storm
hazard mitigation policies, i.e., basic measures to
reduce damage by high winds, flooding, wave action or
erosion, must be repaired or redeveloped according to
those policies. In some instances, this may mean
relocation of construction, or no reconstruction at all.
Building permits to restore destroyed or "major" damaged
structures which were built in conformance with the
city's building code and city storm hazard mitigation
policies shall be issued automatically. All structures
suffering major damage will be repaired according to the
State Building Code and city Flood Damage Prevention
Ordinance. All structures suffering minor damage,
regardless of location, will be allowed to be rebuilt to
the original condition prior to the storm.
Development Moratoria
Because of the density of development at Southport and
the possible extensive damage caused by a major storm,
it may be necessary for the city to prohibit all
redevelopment activities for a certain period of time
after a storm. This "moratorium" could allow the city

time to carefully assess all damage in view of existing
policies, building regulations, and ordinances, in order
to help determine whatever existing policies, etc.,
should be revised to mitigate similar damage from future
storms. The intent of such a moratorium would be to
learn all the lessons possible and try and determine
what steps and precautions the city can take in
rebuilding so as not to suffer damage to the same
extent. If a moratorium is established, the time frame
will be commensurate with the extent of the damage. The
actual time frame will be established by the Board of
Aldermen.
Repair/Reconstruction Schedule
The following schedule of activities and time frame are
proposed with the realistic idea that many factors of a
hurricane may render the schedule unfeasible.
Activity Time Frame
- Complete and Report Damage Two weeks after
Assessments storm
- Begin Repairs to Critical
As soon as possible
�j
U
Utilities and Facilities
after storm
- Permitting of Reconstruc-
Following completion
tion activities for all
of assessments of
.�
damaged structures ("minor"
individual buildings
to pre -storm original
requiring repair or
status, "major" or
reconstruction
"destroyed" to State
Building Code and hazard
mitigation standards)
Repair and Replacement of Public Utilities
If sewer pump stations or the
damaged and it is determined that
sewage treatment plant is
the facilities can be
relocated to a less hazardous
location, then they will
be relocated during reconstruction.
The Mayor will be
j�
responsible for overseeing the
repair or replacement of
u
public utilities.

U11.

a SECTION IV: LAND CLASSIFICATION SYSTEM
aThe CAMA regulations require the establishment of a specific land
classification system to support the local government's policy state-
ments. This system should reflect developing land use patterns with-
in a community. The CAMA 15A NCAC 7B regulations state:
u "The land classification system provides a framework
to be used by local governments to identify the future
use of all lands. The designation of land classes
allows the local government to illustrate their policy
statements as to where and to what density they want
growth to occur, and where they want to.conserve
natural and cultural resources by guiding growth."
The 15A NCAC 7H requirements provide for the following land clas-
sifications: developed, urban transition, limited transition, commu-
nity, rural, rural with services, and conservation. In applying
these classifications, Southport should carefully consider where and
when various types of development should be encouraged. Additional-
ly, the areas of environmental concern requiring protection should be
identified and mapped. Each applicable land classification must be
represented on a land classification map.
The following land classifications will apply in Southport's
jurisdiction:
Developed: Areas included in the developed land classifi-
cation are currently urban in character, with no or minimal undevel-
oped land remaining. Municipal types of services are in place or are
expected to be provided within the next five to ten years. Land uses
include residential, commercial, industrial, and other urban land
uses at the following densities:
500 dwelling units per square mile, or
three dwelling units per acre, or
where a majority of lots are 15,000 square feet or less.
The Developed classification is subdivided into the following
sub -classifications:
Developed Residential - These are areas where water, sewer,
electrical, police, fire, sanitation, recreation and other
municipal services are provided. The major land use is resi-
dential development. Very little vacant land remains to be
developed.
Developed Mixed -Use - These are areas where water, sewer, police,
fire, sanitation, recreation, and other municipal services are
provided. Land uses range from residential to commercial and
recreational. Small areas of vacant land remain to be developed.
These developed classifications reflect current zoning
patterns.
IV-1

Developed Industrial - These areas specifically include land
owned by existing industries currently operating in the Southport
area.
Urban Transition Residential: Areas included in the urban
transition residential classification are presently being developed
for urban residential purposes, or will be developed in the next five
to ten years at the densities allowed under the Developed category.
These areas should eventually require complete urban services within
the planning period. This classification"includes areas with partial
municipal facilities and which are usually adjacent to developed
residential areas. These areas are or will be primarily residential
in nature. The major concentrations of urban transition residential
are found in the extraterritorial planning jurisdiction north and
northwest of the city's corporate limits (refer to Map 13, Land
Classification). Residential densities are allowed in excess of an
average of three dwelling units per acre, with minimum single-family
residential lot sizes consistent with the City of Southport zoning
ordinance requirements.
Conservation: The following areas of environmental concern
are included in the conservation classification:
Coastal -Wetlands: This classification includes all areas of
salt marsh or other marsh subject regular or occasional flooding by
tides, including wind tides. However, tidal flooding is understood
not to include hurricane or tropical storm tides. Development which
meets the minimum use standards of 15A NCAC 7H shall be allowed in
areas classified as coastal wetlands.
- Estuarine Shoreline: All areas lying 0-75 feet landward of the
mean high water level of estuarine waters not designated as Outstand-
ing Resource Waters are classified as estuarine shorelines. Because
of map size and scale, these areas cannot be accurately mapped.
Precise locations must be determined in the field. Uses consistent
with city zoning and allowed by 15A NCAC 7H use standards shall be
allowed in estuarine shoreline areas.
Estuarine and Public Trust Waters: All public trust areas and
estuarine waters are included in this classification. All waters in
Southport's planning jurisdiction are classified as estuarine waters
as described by 15A NCAC 7H.0206 or public trust areas as described.
by 15A NCAC 7H.0207. Uses permitted by 15A NCAC 7H shall be
allowed. -
The land classifications delineated on the Land Classification
Map, Map 13, indicate a continuation of existing development pat-
terns. Developed (residential) areas have replaced some transition
(residential) areas since 1985 to the west of the city. In addition,
the areas classified as rural occupy less area than indicated in the
1985 Land Use Plan.
IV-2

CN
CN ,f
CITY UNITS
TR
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Ae 4. N.""d 0-.4C .rW AMw.Pnnk
9
E
NOTESe
I ALL AAEAS LYING. 0-75 LANDWAM OF TIE
LEAN N6/1 HATER LEVEL OF ESTUARINE
WATERS ARE ESTUAR E SMFELLFE AAEAS
DtAEYCCAIPAATS LEER7IMM}EIN�EDA. RiPEW
LOCAnoNS LAAT E DETERMINED
'
N 71E
FElA
2 ALL tNATERS N SOUT)PORL'S ►IA1MM
.A135dCT10N UE CLASSF" AS ESTUARINE
WATERS AS DESCATSm BY IS MC -AC M0204i,
OR P1aIC TRUST AREAS AS DFSCROM BY IS
NGC 71L0207. ALL OEVEIDPWETCT SHALL BE
CON507 M WrrH THE USE 57ANDARM
COKMP" N IS XT-01C 7KOM AID .0207. .
LEGEND
DR DEVELOPED RESIDENTIAL
DM DEVELOPED MIXED USE
DI DEVELOPED INDUSTRIAL
TR TRANSITION RESIDENTIAL
CN CONSERVATION
BECAUSE OF MAP SCALE. THESE
AREAS CANNOT BE ACCURATELY
MAPPED. PRECISE LOCATIONS MUST
BE DETERMINED N THE FEED.
CC
DI
a
MAP 13
LAND CLASSIFICATION MAP
CITY OF
a,,�P SOUTHPORT
t
�pQE NORTH CAROU NA
NOTE: SOUTHPORT'S SOUTHERN .��
sc.l[ .. ren
CORPORATE LIMIT LINE FOLLOWS THE
SHORELINE OF THE CAPE FEAR RIVER AND
THE INTRACOASTAL WATERWAY r .

j SECTION V: RELATIONSHIP OF POLICIES AND LAND CLASSIFICATIONS
U
a As required by 15A NCAC 7B planning guidelines, the Southport land
use plan must relate the policies section to the land classification
map and provide some indication as to which land uses are appropriate
in each land classification.
A. DEVELOPED CLASS
a Southport's primary growth should continue to occur outside the
corporate limits on the northwest side and inside the corporate limits
to the west. Those areas are classified as developed. These areas
will require basic urban services. The developed class is speci-
fically designated to accommodate intense development and land uses,
including single and multi -family residential, commercial, industrial
parks and open space, community facilities, and.transportation. Popu-
lation densities will be high. The greatest demand for urban,services
will exist within this classification.
a B. URBAN TRANSITION CLASS
Urban transition areas will provide lands to accommodate future
urban growth within the planning period. The average development
a densities will be less than the developed class densities and greater
than the limited transition class densities. Development may include
mixed land uses such as single and multi -family residential, commer-
Q cial,.institutional, industrial, and other uses at high to moderate
densities. Urban services may include water, sewer, streets, police,
and fire protection. Population densities will be high. Urban Tran-
sition areas are primarily located west of the City between Indigo
Plantation and Smithville Woods, and north of the city in the undevel-
oped areas between the CP&L canal and existing development along
Robert Ruark Drive and the N.C. 211 and N.C. 87 corridors.
C. CONSERVATION CLASS
The conservation class is designated to provide for effective
long-term management of significant limited or irreplaceable areas
which include Areas of Environmental Concern. Development in the
�} estuarine system should be restricted to such uses which satisfy
u 15A NCAC 7H use standards or which are specifically allowed by the
CRC. Within Southport's jurisdiction, the Conservation areas are
limited to coastal wetlands, estuarine shorelines, estuarine waters,
and public trust areas.
0 V-1

APPENDIX I
CITIZEN PARTICIPATION PLAN
CITY OF-SOUTHPORT

APPENDIX I
CITY OF SOUTHPORT
CITIZEN PARTICIPATION PLAN
PREPARATION OF LAND USE PLAN
FISCAL YEAR 1989-90
The City of Southport has received a FY89-90 Coastal Area Manage-
ment Act grant for the update of its existing Land Use Plan.
�j
Adequate citizen participation in the development of that Plan is
essential to the preparation of a document responsive to the needs
n
of the citizens of Southport. To ensure such input, the following
u
Citizen Participation Program will be utilized by -the City.
The City of Southport Planning Board will be the principal City
agency responsible for supervision of the project. The Planning
Board will report to and coordinate plan development with the
City's Board of Aldermen. To support and assist the Planning
Board, a Land Use Plan Update Advisory Committee will be estab-
lished by the City of Southport Planning Board. The committee may
be composed of representatives of the following --groups or
organizations:
City of Southport Board of•Aldermen
Builder/Developer
Commercial Fisherman
Pilots' Asociation
Interested Citizens
(�
�j
Economic Development Board/Business Community
The committee will work with the City's Planning Board to ensure
that the final product will survey existing land use, identify
a
policies, recommend strategies/actions, and identify Areas of
Environmental Concern. Emphasis will be placed on identifying
service and utility needs. Specifically, the. Planning Board and
committee will be responsible for ensuring accomplishment of the
following:
Develop an effective citizen participation process;
- Survey and map existing land uses;
_- Identify and map AECs;
- Develop land use policies and strategies;
-- Identify land use regulatory needs;
D--
Establish a specific work plan schedule for dealing with
land use needs/problems;
a
=- Identify and forecast growth and development issues;
- Implement the requirements of 15 NCAC 7B.
U

At the outset of the project, an article will be prepared for dis-
tribution to the local newspaper. The newspaper will be requested
to print the article which will include a proposed schedule for
completion. The following schedule will be utilized:
1. October, 1989 - meet with the Southport Planning Board to
review the scope of work. Have the Citizen Participation Plan
adopted.
2. November, 1989 - Conduct a public information meeting. The
meeting will be advertised in the local newspaper. The City
will specifically discuss the existing policy statements
contained in the existing City of Southport Land Use Plan. The
significance of the policy statements to the CAMA land use
planning process shall be described. The process by which the
City of Southport will solicit the views of a wide cross-
section of citizens in the development of updated policy state-
ments will be explained at the public hearing.
3. November, 1989 - complete identification of existing land use
problems and map of existing land uses_ and AECs.
-- Meet with the- Planning Board and Land -Use Plan Advisory
Committee.
4. December, 1989 - continue preparation of draft Land Use Plan.
5. January, 1990 - present interim report to the Southport Plan-
ning Board and Land Use Plan Advisory Committee. The report
shall include the draft section of plan dealing with existing.
issues and land. use.
6. February and March, 1990 - continue review of the draft Land
Use Plan with the Planning Board and Land Use Advisory
Committee.
7. May, 1990 - review draft plan with the Planning Board and
conduct a public information meeting_for review of the proposed
Plan.
8. June, 1990 - review draft Land. Use Plan with Planning Board and
submit draft of completed Land Use Plan to CRC for review and
comment.
9. September, 1990 - present proposed Land Use Plan to the City
of Southport Board of Aldermen for review, and conduct a
formal public hearing.
All meetings of the Southport Planning Board and Land Use Plan
Update Advisory Committee will be open to the public. The City
will encourage and consider all economic, social, ethnic, and
cultural viewpoints. No major non-English speaking groups are
known to exist in the City of. Southport.

• aWm,wOi
.•-

APPENDIX III
STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN

l
APPENDIX III
EH;YR - COASTAL .11A:YAGE.1tE.VT T15: 07H.0100
i St: BCHAPTER 7H - STATE GUIDELINES FOR AREAS OF ENXTRONNi E.NTAL CONCERN
a
SECTIO. .0100 - LNTRODUCTION A,ND GENERAL COM:Vih-NTS
.0101 LNTRODUCTIO\
(a) One of the basic purposes of Forth Carolina's Coastal Area Management Act (CANNA or the act)
is to establish a state management plan that is capable of rational and coordinated management of
coastal resources. The act recognizes that the key to more effective protection and use of the land and
water resources of the coast is the development of a coordinated approach to resource management.
The Coastal Area Management Act provides two principal mechanisms to accomplish this purpose.
First, the formulation of local land use plans articulating the objectives of local citizens and translating
U these objectives into future desired land use patterns; and second, the designation of areas of environ-
mental concern for the protection of areas of statewide concern within the coastal area.
(b) Both the development of local land use plans and the designation and regulation of critical re-
source areas contribute to rational management by encouraging local and state governments to exercise
their full authorities over coastal resources and to express their management goals in a comprehensible
and uniform manner. Local objectives benefit through their incorporation into a state management
scheme, and the statewide objectives of resource protection and development benefit through an inte-
grated and comprehensive management approach- It is the purpose of the state guidelines to ensure
this uniformity and consistency in the local land use plans and the regulation of critical resource areas,
or areas of environmental concern (AECs),-through ther-establishment of- unified policies, -criteria,
standards, methods, and processes.
(c) These state guidelines are designed to provide individuals and governmental agencies with a
complete statement of the uniform policies and standards adopted by the Coastal Resources Commis-
sion (CRC or the commission) for areas of environmental concern, as mandated by the act.
/fiscoty .Vote: Statutory. Authorii.y G.S. 113.4-101; 113.4-102; 113A-124(c)(S);
Eff. Scptcmber 9. l97i.
.0102 CAMA PROVISIONS FOR AECs
(a) The Coastal Area Management Act requires that these state guidelines "shall give particular at-
tention to the nature of development which shall be appropriate within the various types of apes of
environmental concern that may be designated by the commission."
(b) The act further provides that local land use plans "shall give special attention to the protection
and appropriate development of areas of environmental concern."
(c) The 1974 Legislature found that "the coastal area, and in particular the estuaries, are among the
most biologically productive regions of this state and of the nation," but in recent years the area "has
been subjected to increasing pressures which are the result of the often conflicting_ needs of society_ ex-
panding in -industrial development, in population; and in the=recreational- aspirations of its citizens:" ---
-- (d) 'Unless these pressures are controlled by coordinated management," the act states, "the very
�j features of the coast Which make it economically, aesthetically, and ecologically rich, will be
u destroved."
(e) To prevent this destruction, the act charges the Coastal Resources Commission with the respon-
sibility for identifying types of areas -- water as well as land -- in which uncontrolled or incompatible
u development might result in irreversible damage. It further instructs the commission to determine what
u types of development activities are appropriate within such areas, and it calls on local government to
give special attention to these environmentally fragile and important areas in developing their land use
plans. Also, the act provides that upon establishing the types of development activities appropriate
within areas of environmental concern, the CRC should implement a permit program capable of con-
trolling any inappropriate or damaging development activities .,vtithin the AECs. The intent of this
authority is not to stop development, but rather to ensure the compatibility of development with the
r� continued productivity and value of certain critical land and water areas.
'uI (f) The act divides the implementation responsibilities of the permit program between local govern-
ments and the CRC. Individuals proposing "minor development" activities [defined in G.S.
113.A-11S(d)(2)j within an ACC will be required to receive permits from a local permit officer, while
individuals undertaking "major development" activities [defined in G.S. It3A-118(d)(1)J will seek per-
VORT11 CAROLLYA AD.11LVISTRATII­'L• CODE 10102189 Page I

EH. R - COASTAL :bUVAGE.IfEiVT T15: 07H .0100
mits directly from the CRC. In either case, the criteria and standards determining permit approval as
described in this Subchapter of the guidelines will be identical.
History ;Vote: Statutory Authority G.S. 113A-102(a); 113A-106, 113A-107, 113A-113(a);
113A-118; 113A-124;
Eff. September 9, 1977;
Amended Eff. December 1, 1985.
.0103 SELECTION OF PROPOSED AREAS FOR AEC DESIGNATION
(a) The selection of proposed AEC categories was made after several months of consideration by local
government, the Coastal Resources Commission, and the Coastal Resources Advisory Council
(CRAC). The act specified the potential AEC categories from which the commission was to choose
a mix of AECs that would most effectively achieve the goals of the Coastal Area Management Act.
Local governments played a major role in the selection process by identifying AEC categories they
considered to be appropriate for their jurisdictions. These recommendations formed the basis for se-
lecting interim areas of environmental concern (IAECs) after which the categories were once again re-
viewed by the commission and further narrowed in scope. Thirteen categories were proposed for final
designation.
(b) As presented in these guidelines, the 13 categories of AECs are separated into four broad group-
ings. The broad breakdowns include categories of AECs that are either interrelated components of an
ecological system or a collection of AECs with similar management objectives. The purposes in pre-
senting the material in this manner is not only to create a logical organization, but also to emphasize
the relationship of one -AEC category. to -another. and .the interactive.nature of AECs with. the .total
coastal environment.
History .Vote: Statutory Authority G.S. 113A-124;
Eff. September 9, 1977.
.0104 DEVEI.OP.IF_NT INITIATED PRIOR TO EFFECTIVE DATE OF REVISIONS
(a) The following Rules shall be used to determine whether the revisions to guidelines for develop-
ment in areas of environmental concern (hereinafter referred to as revisions), with an effective date of
June 1. 1979, shall apply to a proposed development.
(1) In the case of a development for which a CAMA permit was required prior to June 1, 1979, the
revisions shall not be applicable if a complete and sufficient application for a CAINtA permit
%vas. filed and accepted before June 1, 1979. However if the application should Iapse or be de-
nied, thereby requiring a new application after June 1, 1979, or if the application is modified or
renewed after June 1, 1979, the revisions shall be made applicable.
(2) In the case of a development for which no CAMA permit was required prior to July 15, 1979,
the revisions shall not be applicable if all legally required permits have been applied for and ac-
cepted in accordance with the applicable rules of the agency responsible for the permit. How-
ever, if the application should lapse or be denied, thereby requiring a new application after July
15, 1979, or if the application is modified or renewed after July 15, 1979, the revisions shall be
applicable.
(3) In those cases where a CAMA major permit was issued before June 1, 1979, for a major devel-
opment which included platted lots, the new standards shall apply to such platted lots only to
the maximum extent possible without effectively prohibiting the intended use of those lots. In
order for this Rule to apply, the following conditions must be met: r}
(A) the lot on which the proposed development is to be located shall have been accurately shown 1( JJ
on the major development permit application and the boundaries must not have been signif-
icantly altered.
(B) the lot on which the proposed development is to be located shall have been suitable for the n
intended use according to the AEC guidelines in effect at the time the major permit was issued. u
(C) a minor development permit must be applied for and received according to the normal minor
permit process before development can begin.
(D) this Rule shall apph only to development for which a permit application is submitted prior
to expiration of the major dcvelopment permit issued before June 1, 1979.
(-F) In those cases where any necessary local approval was -issued for a proposed subdivision devel-
opment prior to July 15. 1979, the Office of Coastal Management advised the developer in
.VOR T11 C.•I ROI-1 NA AW ILVISTRA TI i E CODE 10102189 Page 2

EH.VR - COASTAL MANAGE.IIE.VT TIS: 07H .0100
writing where to locate the ocean setback line for the proposed subdivision, and the proposed
subdivision development was recorded in the county registry prior to July 15, 1979, with the
ocean setback determined by the Office of Coastal Management, any new standards regarding
oceanfront setbacks shall apply to the platted lots within the proposed subdivision only to the
maximum extent possible without effectively prohibiting the intended use of those lots. In order
for this Rule to apply, the following conditions must be met:
(A) the lot(s) on which the proposed development is to be located shall have been accurately
shown on an approved local plat and the boundaries must not have been significantly altered;
(B) the lot(s) on which the proposed development is to be located shall have been suitable for the
intended use according to the AEC guidelines in effect at the time the plat was approved; and
(C) a minor development permit(s) must be applied for and received according to the normal
minor permit process before development can begin.
(b) The oceanfront setback provisions specifically applicable to large structures, as set forth by Rule
.0306(a)(4) of this Subchapter, shall apply only to development applications received on or after No-
vember 1, 1983. Further, Rule .0306(a)(4) of this Subchapter shall only apply to the maximum extent
possible without effectively prohibiting the intended use of the property in the following situations:
(1) the completion of projects that had received valid CAMA permits prior to November 1, 1983,
provided that permit renewals, modification and transfer requests for these projects made pur-
suant to 15 NCAC 7J .0404, .0405 and .0406 and 15 \CAC 7E .0105 shall be considered under
the setback rules applicable at the time of original permit issuance, and no renewals or extensions
of pre-existing permits shall be made beyond the expiration period unless either there has been
substantial progress on construction or no material change in the physical conditions at the
project site (as is provided by45 \CAC-7J .0403);_and _.
(2) the completion of projects that were outside of CHIN A permit jurisdiction prior to *November
1, 1983, provided that all other required state and local permits had been applied for in accord-
ance Kith the rules of the agencies responsible for such permits and that the developer has ma-
terially changed his or her position in good faith reliance on such development approvals. In
all instances, such development must be consistent with all other provisions of this Subchapter.
(c) In the case of subdivisions or projects which have received either all required final or preliminary
local approvals or a CAMA major development permit prior to May 27, 1988, and have therein met
all applicable CANIA setback requirements as of May 27, 1988, the updated oceanfront erosion rates
approved by the commission on July 29, 1988, and effective on November 1, 1988, shall only apply to
the maximum extent feasible. For these previously approved lots and projects, the erosion rate existing
as of May 27, 1988, shall be applied in determining minimum oceanfront setbacks for purposes of
subsequent approved construction or development prior to the next erosion rate update.
History:Vote: Statutory Authority G.S. 113A-107; 113A-113; 113A-124,
Eff. September 15, 1979,
Amended Eff. November 1, 1988, September 1, 1988, December 1, 1985,
:November /, 1983.
-.0105-EFFECTIVE DATE OF -RULE -A,%IV;D.%IE\-FS— -
i;nless explicitly stated otherwise, the state guidelines for Areas of Environmental Concern and local
land use plans in effect at the time of permit decision shall be applied to all development proposals
covered by this Subchapter.
History.Vote: Statutory Audwrity G.S. 113A-107; 113A-124;
Eff. December 1, 1982.
.FORTH C.4ROLLYA AD. ILVISTRATIi E CODE 10102189 Page 3

I
E•ILVR - COASTAL .l1AiVAGE.IIE,VT T15. 07H .0200
a�
SECTION .0200 - THE ESTGARLNE SYSTEM
.0201 ESTliARINE SYSTEM CATEGORIES
The first AECs discussed collectively are those water and land areas of the coast that contribute
enormous economic, social, and biological values to North Carolina as components of the estuarine
system. Included within the estuarine system are the following AEC categories: estuarine waters,
coastal wetlands, public trust areas, and estuarine shorelines. Each of the AECs is either geographically
within the estuary or, because of its location and nature, may significantly affect the estuary.
HistoryNote: Statutory Authority G.S. 113A-113(b)(1); 113A-113(b)(2); 113A-113(b)(5);
113A-113(b) (6)b; 113A-114;
r, Eff. September 9, 1977.
.0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES
The management program must embrace all characteristics, processes, and features of the whole sys-
tern and not characterize individually any one component of an estuary. The AECs are interdependent
and ultimately require management as a unit. Any alteration, however slight, in a given component
of the estuarine system may result in unforeseen consequences in what may appear as totally unrelated
areas of the estuary-. For example, destruction of wetlands may have harmful effects on estuarine waters
which are also areas within the public trust. As a unified system, changes in one AEC category may
affect the function and use within another category.
History• :Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-124,
Eff. September 9, 1977.
.0203 'MANAGEMENT. OBJECTIVE OF THE ESTUARINE SYSTEM
r-( It is the objective of the Coastal Resources Commission to give high priority to the protection and
'UI coordinated management of estuarine waters, coastal wetlands, public trust areas, and estuarine shore-
lines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, eco-
nomic, and aesthetic values and to ensure that development occurring within these AECs is compatible
�p with natural characteristics so as to minimize the likelihood of significant loss of private property- and
11 �) public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect
present common-law and statutory public rights of access to the lands and waters of the coastal area.
A'ote: Statutory Authority G.S. 102(b)(1); 102(b)(4); 113A-107(a);
LMitoiy
.
113A-107(b); 113A-124;
EJJ`: September 9, 1977,
Amended Eff. September 1, 1985.
.0204 AECs «TTHIN THE ESTUARINE SYSTE.It - — ---
The-following-regulations-in this Section define each AEC within the estuarine system, describe its
significance, articulate the policies regarding development, and state the standards for development
n
�j
within each AEC.
History.Vote: Statutory Authority G.S. 113A-107(a); 113,1407(b); 113A-124:
Eff. September 9, 1977.
.0205 COASTAL NVETLANDS
(a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular
or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland
areas through natural or artificial watercourses), provided this shall not include hurricane or tropical
storm tides:
Coastal wetlands contain some, but not necessarily all, of the following marsh plant species:
(1) Cord Grass (Spartina alter-LifIora),
u
(2) Black \eedlerush (Juncos roemerianus),
(3) Glasswort (Salicomia spp.),
(4) Salt Grass (Distichlis spicata),
,VORTH C.4ROLLYA AD.1 L ISTRATIi E CODE 10102189 Page I

EH:`R - COASTAL .11AiVAGE.11EA'T TIS: 07H .0200
(5) Sea Lavender (Limonium spp.),
(6) Bulrush (Scirpus spp.),
(7) Saw Grass (Cladium jamaicense),
(8) Cat -tail (Typha spp.),
(9) Salt Meadow Grass (Spartina patens),
(10) Salt Reed Grass (Spartina cynosuroides).
Included in this definition of coastal wetlands is "such contiguous land as the Secretary of NRCD
reasonably deems necessary to affect by any such order in carrying out the purposes of this Section."
(G.S. 113-230(a)J.
(b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed
plant material) and nutrients that are exported from the coastal marshlands. The amount of exporta-
tion and degree of importance appears to be variable from marsh to marsh, depending primarily upon
its frequency of inundation and inherent characteristics of the various plant species. Without the
marsh, the high productivity levels and complex food chains typically found in the estuaries could not
be maintained.
Stan harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the
estuary. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters,
and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch.
The marshlands, therefore, support an enormous amount of commercial and recreational businesses
along the seacoast.
The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl and wildlife
feeding and nesting materials. In addition, coastal wetlands serve as the first line of defense in retarding
estuarine shoreline erosion. The plant stems and leaves tend to dissipate wave action, while the vast
network of roots and rhizomes- resists- soil- erosion: In,this way, the -coastal wetlands save-as.barriers
against flood damage and control erosion between the estuary and the uplands.
Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and
causing suspended organic and inorganic particles to settle out. In this manner, the nutrient storehouse
is maintained, and sediment harmful to marine organisms is removed. Also, pollutants and excessive
nutrients are absorbed by the marsh plants, thus providing an inexpensive water treatment service.
(e) Management Objective. To give highest priority to the protection and management of coastal
wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to
coordinate and establish a management system capable of conserving and utilizing coastal wetlands as
a natural resource essential to the functioning of the entire estuarine system.
(d) Use Standards. Suitable land uses shall be those consistent with the management objective in this
Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second
priority of coastal wetland use shall be given to those types of development activities that require water
access and cannot function elsewhere.
Unacceptable land uses may include, but would not be limited to, the following examples: restaurants
and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads
and highways; and factories. Examples of acceptable land uses may include utility easements, fishing
piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North
Carolina's Dredge and Fill Act and;or other applicable laws. -
In every instance, the particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule
.0208 of this Section.
History Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124,
EfJ. September 9, 1977,
Amended Ef. .. January 24, 1978.
.0206 ESTUARINE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A-I13(b)(2). The boundaries between in-
land and coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Com-
mission and the Department of Natural Resources and Community Development and in the most
current revision of the North Carolina Marine Fisheries Regulations for Coastal Waters, codified at 15
NCAC 3F .0200.
(b) Significance. Estuarine waters are the dominant component_and bonding element of the entire
estuarine system. integrating aquatic influences from both the land and the sea. Estuaries are among
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the most productive natural environments of North Carolina. They support the valuable commercial
and sports fisheries of the coastal area which are comprised of estuarine dependent species such as
menhaden, flounder, shrimp, crabs, and oysters. These species must spend all or some part of their life
cycle within the estuarine waters to mature and reproduce. Of the ten leading species in the commercial
catch, all but one are dependent on the estuary.
This high productivity associated with the estuary results from its unique circulation patterns caused
by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to
the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads
seed stages of fish and shellfish, flushes wastes from animal and plant life, cleanses the system of pol-
lutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats. Some
important features of the estuary include mud and sand flats, eel grass beds, salt marshes, submerged
vegetation flats, clam and oyster beds, and important nursery areas.
Secondary benefits include the stimulation of the coastal economy from the spin off operations re-
quired to service commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and
supplies, processing operations, and tourist related industries. In addition, there is considerable non -
monetary value associated with aesthetics, recreation, and education.
(c) Management Objective. To give the highest priority to the conservation and'management of the
important features of estuarine waters so as to safeguard and perpetuate their biological, social, aes-
thetic, and economic values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the estuarine system.
(d) Use Standards. Suitable land./water uses shall be those consistent with the management objectives
in this Rule. Ifighest priority of use shall be allocated to the conservation of estuarine waters and its
vital components. Second priority of estuarine -waters use -shall -be girexi:to-those types of development
activities that require water access and use which cannot function elsewhere such as simple access
channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and .
mooring pilings.
In ever- instance, the particular location, use, and design characteristics shall be in accord with the
_eneral use standards for coastal wetlands, estuarine waters, and public trust areas described in Regu-
lation .0208 of this Section.
History:Vote: Statutory. Authority. G.S. 113A-,107(a); 113A-107(b); 113A-113(b)(2); 113.4-124;
EJf. September 9, 1977 ;
Amended EJf. October 1, 1988, December 1, 1985; Ja=ary 24, 1978.
.0207 PUBLIC TRUST AREAS
(a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from
the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject
to- measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural
bodies of water and lands thereunder to the mean high water level or mean water level as the case may
be, except privately -owned lakes to which the public has no right of access; all water in artificially cre-
ated bodies of water containing significant public fishing resources or other public resources which are
accessible to the public by navigation from bodies of water in which the public has rights of navigation;
and all waters in artificially created bodies of water in which the public has acquired rights by pre-
scription. custom, usage, dedication, or any other means. In determining whether the public has ac-
quired rights in artificially created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the extent that they can move
into natural bodies of water,
(5) whether the creation of the artificial body of water required permission from the state, and
(6) the value of the body of water to the public for navigation from one public area to another public
area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addi-
tion, these areas supportvaluable commercial and sports fisheries, have aesthetic value, and are im-
portant resources for economic development.
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EHNR - COASTALMANAGEMENT MANAGEIIENT TIS: 07H .0200
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(c) Management Objective. To protect public rights for navigation and recreation and to preserve
and manage the public trust areas so as to safeguard and perpetuate their biological, economic and
aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in (c)
of this Rule. In the absence of overriding public benefit, any use which significantly interferes with the
public right of navigation or other public trust rights which the public may be found to have in these
areas shall not be allowed. The development of navigational channels or drainage ditches, the use of
bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that
may be acceptable within public trust areas, provided that such . uses will not be detrimental to the
public trust rights and the biological and physical functions of the estuary. Projects which would di-
rectly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit
spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards,
or cause degradation of shellfish waters are generally considered incompatible with the management
policies of public trust areas. In every instance, the particular location, use, and design characteristics
shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust
areas.
History:Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(5); 113A-124;
Eff. September 9, 1977.
.0203 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent wr'4 not -be permitted in-coastal-wetlaads, estuarine waters,
and public trust waters. Restaurants, residences, apartments, motels, hotels, trailer parks, private
roads, factories, and parking lots are examples of uses that are not water dependent. Uses that
are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging;
bridgcs and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids;
mooring pilings: navigational channels; simple access channels and drainage ditches.
(2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding
that the applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved
must be consistent with the stated management objective.
(B) Before receiving approval for location of a use or development within these AECs, the per-
mit -letting authority shall find that no suitable alternative site or location outside of the AEC
exists for the use or development and, further, that the applicant has selected a combination of
sites and design that will have a minimum adverse impact upon the productivity and biologic
integrity of coastal marshland, shellfish beds, submerged grass beds, spawning and nursery areas,
important nesting and wintering sites for waterfowl and wildlife, and important natural erosion
barriers (cypress fringes, marshes, clay soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to valuable documented archaeo-
logical or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse significant affect on life cycles of es-
tuarine resources.
(H) Development shall not impede navigation or create undue interference with access to, or use
of: public trust or estuarine eaters.
(I) Development proposed in estuarine waters must also be consistent with applicable standards
for the ocean hazard system AE• Cs set forth in Section .0300 of this Subchapter.
(3) When the proposed development is in conflict with the general or specific use standards set forth
in this Rule, the CRC may approve the development if the applicant can demonstrate that the
activity- associated with the proposed project will have public benefits as identified in the findings
and goals of the Coastal Area Management Act, that the public benefits clearly outweigh the
lon_ ran_e adverse effects of the project, that there is no reasonable and prudent alternate site
avai able for the project, and that all reasonable means and measures to mitigate adverse impacts
of the project have been incorporated into the project design and will be implemented .at the
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EH.VR - COASTAL AIA XAGE.VIEVT TIS: 07H .0200
applicant's expense. These measures taken to mitigate or minimize adverse impacts may include
actions that will:
(A) minimize or avoid adverse impacts by limiting the magnitude or degree of the action;
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing substitute resources.
(4) Primary nursery areas are those areas in the estuarine system where initial post larval develop-
ment of frnfrsh and crustaceans takes place. They are usually located in the uppermost sections
of a system where populations are uniformly early juvenile stages. They are officially designated
and described by the N.C. Marine Fisheries Commission in 15 NCAC 3B .1405.
j�
(5) Outstanding Resource Waters are those estuarine and public trust waters classified by the N.C.
(�
Environmental Management Commission pursuant to Title 15, Subchapter 2B .0216 of the
N.C. Administrative Code as Outstanding Resource Waters (ORW) upon frnding that such
waters are of exceptional state or national recreational or ecological significance. In those es-
LI
tuarine and public trust waters classified as ORW by the Environmental Management Com-
mission (E.MC), no permit required by the Coastal Area Management Act will be approved for
any project which would be inconsistent with applicable use standards adopted by the CRC,
EPIC, or Marine Fisheries Commission (MFC) for estuarine waters, public trust waters, or
coastal wetlands. For development activities not covered by specific use standards, no permit
will be issued if the activity would, based on site specific information, materially degrade the
water quality or outstanding resource values unless such degradation is temporary.
(b) Specific Use Standards
(1) Navigation channels, canals, and boat basins must be aligned or located so as to avoid primary
nursery -areas highly -productive -shellfish- beds, beds -of submerged v4getation or -significant areas
of regularly or irregularly flooded coastal wetlands.
(A) • Navigation channels and canals can be allowed through narrow fringes of regularly and ir-
regularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts ,
—
on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative
_
that would avoid the wetland losses.
(B) all spoil material from new construction shall be confined landward of regularly and irreg
ularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent
water bodies or marsh.
(C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be
placed on non -wetland arras, remnant spoil piles, or disposed of by an acceptable method hav-
ing no significant, long tern wetland impacts. Under no circumstances shall spoil be placed on
(�
regularly flooded wetlands.
' 1
(D) Widths of the canals and channels shall be the minimum required to meet the applicant's
4-�
needs and provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the widest possible opening and
the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward
end inland. '
(F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting
channels.
(G) Canals for the purpose of multiple residential development shall have:
(i) no septic tanks unless they meet the standards set by the Division of Environmental Man-
aecmcnt and the Division of Health Seances;
(ii).. no untreated or treated point source discharge;
L
(iii) storm water routing and retention areas such as settling basins and grassed swales.
(I I) Construction of finger canal systems will not be allowed. Canals shall be either straight or
meandering with no right angle corners.
(I) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design
may include bulkheading, vegetative stabilization, or adequate setback_ s based on soil character-
istics.
(2) Hydraulic Dredging
(A) The terminal end of the dredge pipeline should be positioned at a distance sufficient to pre-
bJ
clude erosion of the containment dike and a maximum distance from spillways to allow adequate
settlement of suspended solids.
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EHNR • COASTALMANAGEMENT T15. 07H .0200
(B) Dredge spoil must be either confined on high ground by adequate retaining structures or if
the material is suitable, deposited on beaches for purposes of renourishment, with the exception
of (G) of this Subsection (b)(2).
(C) Confinement of excavated materials shall be on high ground landward of regularly and kreg-
ularly flooded marshland and with adequate soil stabilization measures to prevent entry of sed-
iments into the adjacent water bodies or marsh.
(D) Effluent from diked areas receiving disposal from hydraulic dredging operations must be
contained by pipe, trough, or similar device to a point waterward of emergent vegetation or,
where local conditions require, below mean low water.
(E) When possible, effluent from diked disposal areas shall be returned to the area being dredged.
(F) A water control structure must be installed at the intake end of the effluent pipe.
(G) Publicly funded projects will be considered by review agencies on a case by case basis with
respect to dredging methods and spoil disposal.
(H) Dredge spoil from closed shellfish waters and effluent from diked disposal areas used when
dredging in closed shellfish waters shall be returned to the closed shellfish waters.
(3) Drainage Ditches
(A) Drainage ditches located through any marshland shall not exceed six feet wide by four feet
deep (from ground surface) unless the applicant can show that larger ditches are necessary for
adequate drainage.
(B) Spoil derived from the construction or maintenance of drainage ditches through regularly
flooded marsh must be placed landward of these marsh areas in a manner that will insure that
entry of sediment into the water or marsh -*rill not occur. Spoil derived from the construction
or maintenance of drainage'ditchesthrough-kreguiarly flooded -marshes shall be placed on non -
wetlands wherever feasible. Non -wetland areas include relic disposal sites.
(C) Excavation of new ditches through high ground shall take place landward of a temporary
earthen plug or other methods to minimize siltation to adjacent water bodies.
(D) Drainage ditches shall not have a significant adverse effect on primary nursery areas, pro-
ductive shellfish beds, submerged grass beds, or other documented important estuarine habitat.
Particular attention should be placed on the effects of freshwater inflows, sediment, and nutrient
introduction. Settling basins. water gates, retention structures arc examples of design alternatives
that may be used to minimize sediment introduction.
(4) Nonagricultural Drainage
(A) Drainage ditches must be designed so that restrictions in the volume or3iversions of flow are
minimized to both surface and ground water.
(B) Drainage ditches shall provide for. the passage of migratory organisms by allowing free passage
of water of sufficient depth.
(C) Drainage ditches shall not create stagnant water pools or significant changes in the velocity
of flow.
(D) Drainage ditches shall not divert or restrict water flow to important wetlands or marine ha-
bitats. -
(5) Marinas. Marinas are defined as any publicly or privately owned dock, basin or wet boat storage
facility constructed to accommodate more than 10 boats and providing any of the following
services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities
and repair. service. Excluded from this definition are boat ramp facilities allowing access only,
temporary' docking and none of the preceding services. Expansion of existing facilities shall also
comply with these standards for all development other than maintenance and repair necessary
to maintain previous service levels.
(A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiring dredging)
and shall not disturb valuable shallow water, submerged aquatic vegetation, and wetland habi-
tats, except for dredging necessary for access to high -,ground sites. The following four altema-
tives for siting marinas are listed in order of preference for the least damaging alternative; marina
projects shall be designed to have the highest of these four priorities that is deemed feasible by
the permit letting agency:
(i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing
adequate flushing by tidal or wind generated water circulation;
(ii) an upland basin site requiring dredging for -access when the necessary dredging and operation
of the marina will not result in the significant degradation of existing fishery, shellfish, or
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wetland resources and the basin design shall provide adequate flushing by tidal or wind gen-
erated water circulation;
(iii) an. open water site located outside a primary nursery area which utilizes piers or docks
rather than channels or canals to reach deeper water, and
(iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater
than the depth of the connecting channel.
(B) Marinas which require dredging shall not be located in primary nursery areas nor in areas
which require dredging through primary nursery areas for access. Maintenance dredging in pri-
mary nursery areas for existing marinas will be considered, on a case -by -case basis.
(C) To minimize coverage of public waters by docks and moored vessels, dry storage marinas shall
be used where feasible.
(D) Marinas to be developed in waters subject to public trust rights (other than those created by
dredging upland basins or canals) for the purpose of providing docking for residential develop-
ments shall be allowed no more than 27 sq. ft. of public trust waters for every one lin. ft. of
shoreline adjacent to these public trust waters for construction of docks and mooring facilities.
The 27 sq. ft. allocation shall not apply to fairway areas between parallel piers or any portion
of the pier used only for access from land to the docking spaces.
(E) To protect water quality of shellfishing areas, marinas shall not be located within areas where
shellfish harvesting for human consumption is a significant existing use or adjacent to such areas
if shellfish harvest closure is anticipated to result from the location of the marina. In compliance
with Section 101(a)(2) of the Clean Water Act and North Carolina Water Quality Standards
adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be es-
tablished that shellfish have been regularly harvested for human consumption since November
28, 1975 or that shellfish -apparently are propagating -and surviving in -a -biologically-suitable ha-
bitat and are available and suitable for harvesting for the purpose of human consumption. The
Division of Marine Fisheries shall be consulted regarding the significance of shellfish harvest as
an existing use and the magnitude of the quantities of shellfish which have been harvested or are
available for harvest in the area where harvest will be affected by the development.
(F) Marinas shall not be located without written consent from the controlling parties in areas of
submerged lands which have been leased from the state or deeded by the state.
(G) `farina basins shall be desimicd to promote flushing through the following design criteria:
(i) the basin and channel depths shall gradually increase toward open water and shall never be
deeper than the waters to which they connect; and
(ii) when possible, an opening shall be provided at opposite ends of the basin to establish
flow -through circulation.
(H) Marinas shall be designed to minimize adverse -effects on navigation and public use of waters
while allowing the applicant adequate access to deep waters.
(1) Marinas shall be located and constructed so as to avoid adverse impacts 'on navigation
throughout all federal}} maintained channels and their immediate boundaries. This includes
mooring sites (permanent or temporary), speed or traffic reductions, or any other device, either
physical or regulatory•, that may cause a federally maintained channel to be restricted.
(J) Open water marinas shall not be enclosed within breakwaters that preclude circulation suffi-
cient to maintain water quality.
(K) Marinas which require dredging shall provide acceptable areas to accommodate disposal needs
for future maintenance dredging. Proof of the ability to truck the spoil material from the marina
site to an- acceptable disposal area will be acceptable.
(L) Marina design shall comply with all applicable requirements for management of stormwater
runoff.
(M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and ex-
plaining the availability of information on local pump -out services.
(N) Boat maintenance areas must be desisted so that all scraping, sandblasting, and painting will
be done over dry land with adequate containment devices to prevent entry- of waste materials
into adjacent waters.
(0) All marinas shall comply with all applicable standards for docks and piers, bulk -heading,
dredging and spoil disposal.
(P) All applications for marinas shall be reviewed to determine their potential impact and com-
pliance with applicable standards. Such review -shall consider the cumulative impacts of marina
development.
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EHNR - COASTAL NIANAGE.VENT
T1S. 07H .0200
(Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided
that the preceding rules are complied with to the maximum extent possible, with due consider-
ation being given to replacement costs, service needs, etc.
(6) Docks and Piers
(A) Docks and piers shall not significantly interfere with water flows.
(B) To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built
over coastal wetlands shall not exceed six feet in width. "T"s and platforms associated with re-
sidential piers must be at the waterward end, and must not exceed a total area of 500 sq. ft. with
no more than six feet of the dimension perpendicular to the marsh edge extending over coastal
wetlands. Water dependent projects requiring piers or wharfs of dimensions greater than those
stated in this Rule shall be considered on a case -by -case basis.
(C) Piers shall be designed to minimize adverse effects on navigation and public use of waters
while allowing the applicant adequate access to deep waters by:
(i) not extending beyond the established pier length along the same shoreline for similar use;
(ii) not extending into the channel portion of the water body; and
(iii) not extending more than one-third the width of a natural water body or man-made canal
or basin. Measurements to determine widths of the channels, canals or basins shall be made
from the waterward edge of any coastal wetland vegetation which borders the water body.
The one-third length limitation will not apply in areas where the U.S. Army Corps of Engi-
neers, or a local government in consultation with the Corps of Engineers, has established an
official pier -head line.
(D) Pier alignments along federally maintained channels must meet Corps of Engineers District
guidelines. _. .
(E) Piers shall not interfere with the access to any riparian property and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property owner's areas of ripa-
rian access. The line of division of areas of riparian access shall be established by drawing a line
alone the channel or deep water in front of the properties, then drawing a line perpendicular to
the line of the channel so that it intersects with the shore at the point the upland property line
meets the w-ater's edge. The minimum setback provided in the rule may be waived by the
written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are
co -applicants. Should the adjacent property be sold before construction of the pier commences,
the applicant shall obtain a written agreement with the new owner waiving the minimum setback
and submit it to the permitting agency prior to initiating any development of the pier. Appli-
cation of this rule may be aided by reference to an approved diagram illustrating the rule as ap-
plied to various shoreline configurations. Copies of the diagram may be obtained from the
Division of Coastal Management.
(F) Docks and piers shall not significantly interfere with shellfish franchises or leases. Applicants
for authorization to construct a dock or pier shall provide notice of the permit application or
exemption request to the owner of any part of a shellfish franchise or lease over which the pro-
posed dock or pier would extend. _
(7) Bulkheads and Shore Stabilization Measures
(A) Bulkhead alignment, for the purpose of shoreline stabilization, must approximate mean high
water or normal water level.
(B) Bulkheads shall be constructed landward of significant marshland or marshgrass fringes.
(C) Bulkhead fill material shall be obtained from an approved upland source, or if the bulkhead
is a part of a permitted project involving excavation from a non -upland source, the material so
obtained may be contained behind the bulkhead.
(D) Bulkheads or other structures emploved for shoreline stabilization shall be permitted below
approximate mean high water or normal water level only when the following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g.
steep grade bank, which will cause the applicant unreasonable hardship under the other pro-
visions of this Regulation;
(ii) the bulkhead alignment extends no further below approximate mean high water or normal
water level than necessary to allow recovery of the area eroded in the year prior to the date
of application, to align -with adjacent bulkheads, or to mitigate the unreasonable hardship re-
sultins! from the unusual geographic or geologic features;
YORTII C.4ROL1.VA .4D.111.VISTRATII E CODE 10102199
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i
EIINR - COASTAL .11ANAGEMENT T15: 07H .0200
(iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights
or to the property of adjacent riparian owners;
(iv) the need for a bulkhead below approximate mean high water or normal water level is do-
cumented in the Field Investigation Report or other reports prepared by the Division of
Coastal Management; and
(v) the property to be bulkheaded is in a nonoceanfront area.
L,
(E) Where possible, sloping rip -rap, gabions, or vegetation may be used rather than vertical sea-
walls.
(8) Beach 'Nourishment
Q
(A) Beach creation and/or maintenance may be allowed to enhance water related recreational fa-
cilities for public, commercial, and private use.
(B) Beaches can be created and/or maintained in areas where they have historically been found
due to natural processes. They will not be allowed in areas of high erosion rates when: frequent
maintenance will be necessary.
(C) Placing unconfined sand material in the water and along the shoreline will not be allowed as
a method of shoreline erosion control.
(�
(D) Material placed in the water and along the shoreline shall be clean sand free from pollutants
u
and highly erodible finger material. Grain size shall be equal to or larger than that found na-
turally at the site.
(E) Material from dredging projects can be used for beach nourishment if:
(i) it is first handled in a manner consistent with regulations governing spoil disposal;
(�
(ii) it is allowed to dry for a suitable period; and
(iii) only that material ofacceptable.grainsae is removedfrom the disposal site for placement
on the beach. Material shall not be placed directly on the beach by dredge or dragline during
maintenance excavation.
(F) Beach creation shall not be allowed in any primary nursery areas, nor in any areas where sil-
tation from the site would pose a threat to shellfish beds.
(
(G) Material shall not be placed on any coastal wetlands or submerged aquatic vegetation.
(1-1) Material shall not be placed on any submerged bottom with significant shellfish resources.
(1) Beach construction shall not create the potential for filling adjacent or nearby navigation
channels, canals, or boat basins.
(J) Beach construction shall not violate water quality standards.
(K) Permit renewal of these projects shall require an evaluation of any adverse impacts of the
original work.
(L) Permits issued for this development shall be limited to authorizing beach nourishment only
one time during the life of the permit. Permits may be renewed for maintenance work or re-
peated need for nourishment.
(9) Wooden and Riprap Groins
(A) Groins shall not extend more than 25 ft. waterward of the mean high water or normal water
level unless a longer structure can be justified by site spec conditions, sound engineering and
design principals.
(B) Groins shall be set back a minimum of 15 ft. from the adjoining property lines. This setback
Tay be waived by written agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co -applicants. Should the adjacent property be sold before construction of
the groin commences, the applicant shall obtain a written agreement with the new owner waiv-
ing the minimum setback and submit it to.the permitting agency prior to initiating any devel-
opment of the groin.
(C) Groins shall pose no threat to navigation.
(D) The height of groins shall not exceed 1 ft. above mean high water or the normal water level.
(E) No more than two structures shall be allowed per 100 ft. of shoreline unless the applicant can
provide evidence that more structures are needed for shoreline stabilization.
(F) "L" and "T" sections shall not be allowed at the end of groins.
(G) Riprap material used for groin construction shall be free from loose dirt or any other pollutant
in other than non -harmful quantities and of.a size sufficient to prevent its movement from the
site by wave and current action.
History .Vote: Statutory Authority G.S. 113A-107(b); 113A-108, 113A-113(b); 113A-124;
Eff. September 9, 1977;
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EH.VR - COASTAL MAiVAGE-31EW TIS: 07H .0200
Amended Ef. .. Navember 1, 1989, October 1, 1989, October 1, 1988; September /,1988.
.0209 ESTUARINE SHORELLNES
(a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered
a component of the estuarine system because of the close association with the adjacent estuarine waters.
This Section defines estuarine shorelines, describes the significance, and articulates standards for devel-
opment.
(b) Description. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable
to erosion, flooding, or other adverse effects of wind and water -and are intimately connected to the es-
tuary. This area extends from the mean high water level or normal water level along the estuaries,
sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources
Commission and the Department of Natural Resources and Community Development [described in
Regulation .0206(a) of this Section] for a distance of 75 feet landward. For those estuarine shorelines
immediately contiguous to waters classified as Outstanding Resource Waters by the Environmental
Management Commission, the estuarine shoreline AEC shall extend to 575 feet landward from the
mean high water level or normal water level, unless the Coastal Resources Commission establishes the
boundary at a greater or lesser extent following required public hearing(s) within the affected -county
or counties.
(c) Significance. Development within estuarine shorelines influences the quality of estuarine life and
is subject to the damaging processes of shore front erosion and flooding.
(d) Management Objective. To ensure shoreline development is compatible with both the dynamic
nature of estuarine shorelines and the values of the estuarine system.
(e) Use Standards
(1) All development projects, proposals, and designs shall substantially preserve and not weaken or
eliminate natural barriers to erosion, including, but not limited to, peat marshland, resistant clay
shorelines. and cypress -gum protective fringe areas adjacent to vulnerable shorelines.
(2) All development projects, proposals, and designs shall limit the construction of impervious sur-
faces and areas not allowing natural drainage to only so much as is necessary to adequately
service the major purpose or use for which the Iot is to be developed. Impervious surfaces shall
not exceed 30 percent of the AEC area of the lot, unless. the applicant can effectively demon-
stratc. through innovative design, that the protection provided by the design would be equal to
or exceed the protection by the -30 percent limitation. Redevelopment of areas exceeding the
30 percent impervious surface limitation can be permitted if impervious areas are not increased
and the applicant designs the project to comply with the intent of the rule to the maximum ex-
tent practical.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals; and designs shall provide for a buffer zone along the
margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of
the buffer zone nearest the land disturbing development.
(B) No development project proposal or design shall permit an angle for graded slopes or fill
which is greater than an angle which can be retained by vegetative cover or other adequate ero-
sion -control devices or structures.
(C) All development projects, proposals, and designs which involve uncovering more than one
acre of laird shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading: provided that this shall not apply to clearing land for the purpose of
forming a reservoir later to be inundated.
(4) Development shall not have a significant adverse impact on estuurine resources.
(5) Development shall not significantly interfere with existing public rights of access to, or use of,
navigable waters or public resources..
(6) No major public facility shall be permitted if such facility is likely to require extraordinary public
expenditures for maintenance and continued use, unless it can be shown that the public purpose
served by the facility outweighs the required public expenditures for construction, maintenance,
and continued use. For the purpose of this standard, "public facility" shall mean a project
which is paid for in any part by public funds.
(7) Development shall not cause major or irreversible damage to -valuable, documented historic ar-
chitectural or archaeological resources.
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(8) Established common-law and statutory public rights of access to the public trust lands and wa-
ters in estuarine areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
(9) Within the AEC for shorelines contiguous to waters classified as Outstanding Resource Waters
by the EviC, no CAMA permit will be approved for any project which would be inconsistent
with applicable use standards adopted by the CRC, EMC or MFC for estuarine waters, public
trust waters, or coastal wetlands. For development activities not covered by specific use stand-
ards, no permit will be issued if the activity would, based on site specific information, materially
degrade the water quality or outstanding resource values unless such degradation is temporary.
(f) Specific Use Standards for ORW Estuarine Shorelines.
(1) Within the AEC for estuarine shorelines contiguous to waters classified as ORW by the EMC,
all development projects,. proposals, and designs shall limit the built upon area to no more than
25 percent of the AEC area of the land to be developed or any lower site specific percentage as
adopted by the EMC as necessary to protect the exceptional water quality and outstanding re-
source values of the ORW, and shall:
(A) have no stormwater collection system;
(B) provide a buffer zone of at least 30 feet from the mean high water line;
(C) otherwise be consistent with the use standards set out in Paragraph (e) of this Rule.
(2) Development (other than single-family residential lots) more than 75 feet from the mean high
water line but within the AEC which as of June 1, 1989:
(A) has a CANLA permit application in process, or
(B) has received preliminary subdivision plat approval or preliminary site plan approval under
applicable local ordinances, and in which substantial financial resources have been invested in
design or improvement; will be permitted in accordance with rules and standards in effect as of June 1, 1989.
(3) Single-family residential lots which would not be buildable under the low -density standards de-
- fined in Paragraph (f)(1) of this Rule may be developed for single-family residential purposes so
long as the development complies with those standards to the maximum extent possible.
(4) For ORW's nominated subsequent to June 1, 1989, the effective date in Paragraph (f)(2) of this.
Rule shall be the dates of nomination by the ENiC.
History :Vote: Filed as a Temporary Amendment Eff. December 18, 1981, for a Period of
120 Days to Expire on April 15, 1982;
Statutory Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124;
Eff. September 9, 1977,
Amended Eff. October 1, 1989, July 1, 1989, ,March 1, 1988; December 1, 1985.
NORTH C.4ROLI.Y.4 .4D.111.\'1STRATII E CODE 10102159 Page 11

EH.VR - COASTAL .bUVAGEME.VT TIS: 07H .0300
SECTION .0300 - OCEANN HAZARD AREAS
.0301 OCEAN HAZARD CATEGORIES
The next broad grouping is composed of those AECs that are considered natural hazard areas along
the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse
effects of sand, wind, and water, uncontrolled or incompatible development could unreasonably en-
danger life or property. Ocean hazard area include beaches, frontal dunes, inlet lands, and other areas
in which geologic, vegetative and soil conditions indicate a substantial possibility of excessive erosion
or flood damage.
History:Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a);
113A-113(b)(6b); 113:4-113(b)(6d); 113A-124;
Eff. September 9, 1977.
.0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY
(a) The primary causes of the hazards peculiar to the Atlantic shoreline are the constant forces exerted
by waves, winds, and currents upon the unstable sands that for the shore. During storms, these forces
are intensified and can cause significant changes in the bordering landforms and to structures Iocated
on them. Hazard area property is in the ownership of a large number of private individuals as well as
several public agencies and is used by a vast number of visitors to the coast. Ocean hazard areas are
critical, therefore, because of both the severity of the hazards and the intensity of interest in the areas.
(b) The Iocation and form of the'various hazard -area landforms,•imparticular the -beaches, -dunes, and
inlets, are in a permanent state of flux, responding to meteorologically induced changes in the wave
climate. For this reason, the appropriate location of structures on and near these landforms must be
reviewed carefully in order to avoid their loss or damage. As a whole, the same flexible nature of these
landforms which presents hazards to development situated immediately on them offers protection to
the land. water, and structures located landward of them. The value of each landforn lies in the par-
ticular role it plays in affording protection to life and property. (The role of each landform is described
in detail in Technical Appendix 2 in terns of the physical processes most important to each.) Overall,
however. the energy dissipation and sand storage capacities of the landforms are most essential for the
maintenance of the landforms' protective function.
History.Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a);
113A-113(b)(6b); 113A-113(b)(6d); 113A-124,
Eff. September 9, 1977.
.0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic
shoreline is an impossibility for development located adjacent to the coast. The loss of life and property
to these forces, however, can be greatly _reduced by the proper location and design of shoreline struc-
tures and by care taken in prevention of damage to natural protective features particularly primary and
frontal dunes. Therefore, it is the CRCs objective to provide management policies and standards for
ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a bal-
ance between the financial, safety, and social factors that are involved in hazard area development.
(b) The purpose of these Regulations shall be to further the goals set out in G.S. 113A-102(b), with
particular attention to minimizing losses to life and property resulting from storms and long-term ero-
sion, preventing encroachment of permanent structures on public beach areas, and reducing the public
costs of inappropriately sited development. Furthermore, it is the objective of the Coastal Resources
Commission to protect present common-law and statutory public rights of access to the lands and
waters of the coastal area.
History .Vote: Statutory Authority G.S. 113A-107(b); 113A-113(b)(6)(a); 113A-113(b)(6)(b);
1134-113(b)(6)(d); 113A-124;
Eff. September 9, 19717.
Amended Eff. September 1, 1985; February 2, 1981.
.0304 AECs NN'ITHIN OCEAN HAZARD AREAS
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The ocean hazard system of AECs contains all of the following areas:
(1) Ocean Erodible Area. This is the area in which there exists a substantial possibility of excessive
erosion and significant shoreline fluctuation. The seaward boundary of this area is the mean low
water line. The landward extent of this area is determined as follows:
(a) a distance landward from the first line of stable natural vegetation to the recession line that would
be established by multiplying the long-term annual erosion rate times 60, provided that, where
there has been no long-term erosion or the rate is less than two feet per year, this distance shall
be set at 120 feet landward from the first line of stable natural vegetation. For the purposes of
this Rule, the erosion rates shall be those set forth in tables entitled "Long Term Annual Erosion
Rates updated through 1986" and approved by the Coastal Resources Commission on July 29,
1988 (except as such rates may be varied in individual contested cases, declaratory or interpretive
rulings). The tables are available without cost from any local permit officer or the Division of
Coastal Management; and
(b) a distance landward from the recession line established in Subparagraph (a) of this Paragraph
to the recession line that would be generated by a storm having a one percent chance of being
equalled or exceeded in any given year.
(2) The High Hazard Flood Area. This is the area subject to high velocity waters (including, but
not limited to, hurricane wave wash) in a storm having a one percent chance of being equalled or
exceeded in any given year. as identified as zone V 1-30 on the flood insurance rate maps of the
Federal Insurance Administration, U.S. Department of Housing and Urban Development. In the
absence of these rate maps, other available base flood elevation data prepared by a federal, state,
or other source may be used, provided said data source is approved by the CRC.
(3) Inlet Hazard Area. The inlet hazard -areas are.natural-hazard areas.that am especially.vulnerable
to erosion, flooding and other adverse effects of sand, wind, and water because of their proximity
to dynamic ocean inlets. This area shall extend landward from the mean low water line a distance
sufficient to encompass that area within which the inlet will, based on statistical analysis, migrate,
and shall consider such factors as previous inlet territory, structurally weak areas near the inlet
(such as an unusually narrow barrier island, an unusually long channel feeding the inlet, or an
overwash area), and external influences such as jetties and channelization. These areas shall be
identified on inlet hazard area maps approved by the Coastal Resources Commission. In all cases.
this area shall be an extension of the adjacent ocean erodible area and in no case shall the width
of the inlet hazard area,be less than the width of the adjacent ocean erodible area.
(4) L: nvegetated Beach Area. This is a dynamic area that is subject to rapid unpredictable landforrn
change from wind and wave action. The areas in this category shall be designated following de-
tailed studies by the Coastal Resources Commission. These areas shall be designated on maps
approved by the Commission and available without cost from any local permit officer or the Di-
vision of Coastal Management.
History :rote: Statutory• Authority G.S. 113A-107; 113A-113; 113A-124;
Eff. September 9, 1977, -
Amended Ef. . November 1, 1988; September 1, 1986; December 1, 1985,
January 1, 1984.
.0305 GE'�ERAL IDEN-TIFICATION AND DESCRIMO\ OF LANDFORMS
(a) Ocean Beaches. Ocean beaches are lands consisting of unconsolidated soil materials that extend
from the mean low water line landward to a point where either.
(1) the'grow-th of vegetation occurs, or
(2) a distinct change in slope or elevation alters the configuration of the landfonn, whichever is
farther landward.
(b) Primary Dunes. Primary dunes are the first mounds of sand located landward of the ocean
beaches having an elevation equal to the mean flood level (in a storm having a one percent chance of
being equalled or exceeded in any given year) for the area plus six feet. The primary dune extends
landward to the lowest elevation in the depression behind that same mound of sand (commonly referred
to as the dune trough).
(c) Frontal Dunes. In areas where there is a primary dune, that dune shall be deemed to be the
frontal dune. Where there is no primary dune, the frontal dune is deemed to be the first mound of sand
located landward of the ocean beach having sufficient vegetation, height, continuity and configuration
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to offer protective value. elan -made mounds seaward of the natural line of frontal dunes and dunes
created after June 1, 1979 shall not be considered to be frontal or primary dunes.
(d) General Identification. For the purpose of public and administrative notice and convenience,
each designated minor development permit -letting agency with ocean hazard areas may designate,
subject to CRC approval, a readily identifiable land area within which the ocean hazard areas occur.
This designated notice area must include all of the land areas defined in .0304 of this Section. Natural
or man-made landmarks should be considered in delineating this area.
(e) "Vegetation Line" means the first line of stable natural vegetation, which shall be used as the re-
ference point for measuring oceanfront setbacks. This line represents the boundary between the normal
dry -sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more
stable upland areas. It is generally located at or immediately oceanward of the seaward toe of the
frontal dune and/or erosion escarpment. In areas where there is no stable natural vegetation present,
this line shall be established by connecting or extending the lines from the nearest adjacent vegetation
on either side of the site and by extrapolating (by either on -ground observation or by aerial photo-
graphic interpretation) to establish the line.
(f) "Erosion Escarpment" means normal vertical drop in the beach profile caused from high tide
and/or storm tide erosion.
(g) Measurement line means the line from which the ocean front setback as described in .0306(a)
of this Subchapter is measured in the unvegetated beach area of environmental concern as described in
.0304(a)(4) of this Subchapter. Procedures for determining the measurement line shall be adopted by
the Commission for each area where such a line is designated. These procedures shall be available from
any local permit officer or the Division of Coastal Management.
History Note: Statutory Authority G.S. 113A-107; 113A413(b)(6);713A424, _- `
Ef. .. September 9, 1977,
Amended Eff. September 1, 1986; December 1, 1985; February 2, 1981;
August 13, 1979.
.0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS
(a) In order to protect life and property, all development not otherwise specifically exempted or al-
lowed by law or elsewhere in these Regulations shall be located according to whichever of the following
rules is applicable.
(1) If neither a primary nor frontal dune exists in the AEC on or behind the lot on which the de-
velopment is proposed, the development shall be landward of the erosion setback line. The
erosion setback line shall be set, at a distance of 30 times the long-term annual erosion rate from
the first line of stable natural vegetation or measurement line, where applicable. In areas where
the rate is less than 2 feet per year, the setback line shall be 60 feet from the vegetation line or
measurement line, where applicable-
(2) If a primary dune exists in the AEC on or behind the lot on which the development is proposed,
the development shall be landward of the crest of the primary dune or the long-term erosion
setback line, whichever is farthest from the fast line of stable natural vegetation or measurement
line, where applicable. For existing lots, however, where setting the development behind the
crest of the primary dune would preclude any practical use of the lot, development may be lo-
cated seaward of the primary dune. In such cases, the development shall be located behind the
long-term erosion setback line and shall not be located on or in front of a frontal dune. The
words "existing lots" in this Rule shall mean a lot or tract of land which, as of June 1, 1979, is
specifically described in a recorded plat and which cannot be enlarged by combining the lot or
tract of land with a contiguous lot(s) or tract(s) of land under the same ownership.
(3) If no primary dune exists, but a frontal dune does exist in the AEC on or behind the lot on which
the development proposed, the development shall be set behind the frontal dune or behind the
long-term erosion setback line, whichever is farthest from the fast line of stable natural vege-
tation or measurement line, where applicable.
(4) Because large structures located immediately along the Atlantic Ocean present increased risk of
loss of life and property, increased potential for eventual loss or damage to the public beach area
and other important natural features along the oceanfront, increased potential for higher public
costs for federal flood insurance, erosion control, storm protection, disaster relief and provision
of public scrvices such as water and sewer, and increased difficulty and expense of relocation in
the event of future shoreline loss, a greater oceanfront setback is required for these structures
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than is the case with smaller structures. 'Therefore, in addition to meeting the criteria in this
Rule for setback behind the primary and/or frontal dune, for all multi -family residential struc-
tures (including motels, hotels, condominiums and moteiiminiums) of more than 4 units or
5,000 square feet total floor area, and for any non-residential structure with a total area of more
than 5,000 square feet, the erosion setback line shall be twice the erosion setback described in
.0306(a)(1) of this Rule, provided that in no case shall this distance be less than 120 feet. In
areas where the rate is more than 3.5 feet per year, this setback line shall be set at a distance of
30 times the long-term annual erosion rate plus 105 feet.
(5) Established common-law and statutory public rights of access to public trust lands and waters
in ocean hazard areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
(b) In order to avoid weakening the protective nature of ocean beaches and primary and frontal
dunes, no development will be permitted that involves the significant removal or relocation of primary
or frontal dune sand or vegetation thereon. If possible, other dunes within the ocean hazard area shall
be disturbed only to the extent allowed by Rule .0308(b). .
(c) In order to avoid excessive public expenditures for maintaining public safety, construction or
placement of growth -inducing public facilities to be supported by public funds will be permitted in the
ocean hazard area only when such facilities:
(1) clearly exhibit overriding factors of national or state interest and public benefit,
(2) will not increase existing hazards or damage natural buffers,
(3) will be reasonably safe from flood and erosion related damage,
(4) will not promote growth and development in ocean hazard areas.
Such facilities include, -but are not limited to, sewers. waterlines, roads, ,bridges, and erosion control
structures.
(d) Development shall not cause major or irreversible damage to valuable documented historic ar-
chitectural or archaeological resources.
(e) Development shall be consistent with minimum lot size and set back requirements established
be local regulations.
(f) Mobile homes shall not be placed within the high hazard flood area unless they are within mobile
home parks existing as of June 1. 1979.
(g) Development shall be consistent with general management objective for ocean hazard areas set
forth in Rule .0303 of this Section.
(h) Development shall not create undue interference with legal access to, or use of, public resources.
(i) Development proposals shall incorporate all reasonable means and methods to avoid or minimize
adverse impacts of the project. These measures shall be implemented at the applicant's expense and
may include actions that will:
(1) minimize or avoid adverse impacts by limiting the magnitude or degree of the action,
(2) restore the affected environment, or
(3) compensate for the adverse impacts by replacing or providing substitute resources.
(j) Prior to the issuance of any permit for development in the ocean hazard AECs, there shall be a
written acknowledgement from the applicant that the applicant is aware of the risks associated with
development in this hazardous area and the limited suitability of this area for permanent structures.
By granting permits, the Coastal Resources Commission does not guarantee the safety of the develop-
ment and assumes no liability for future damage to the development.
(k) All relocation of structures requires permit approval. Structures relocated with public funds shall
comply with the applicable setback line as well as other applicable AEC regulations. Structures in-
cluding septic tanks and other essential accessories relocated entirely with non-public funds shall be
relocated the maximum feasible distance landward of the present location; septic tanks may not be lo-
cated seaward of the primary structure. In these cases, all other applicable local and state rules shall
be met.
History• ;Vote: Statutory. Authority G.S. 113A-107, 113A-113(b)(6); 113A-124,
Eff. September 9, 1977,
Amended Eff..11arch 1, 1988, September 1, 1986; December 1, 1985,
September 1, 1985.
.0307 USE STANDARDS FOR OCEAN HAZARDAREAS:-EXCEPTIONS
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Hi story:Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a,
113A-113(b)(6)b; 113A-113(b)(6)d,
Ef. . September 9, 1977;
Amended Ef. .. January 24, 1978;
Repealed Eff. September 15, 1979.
.0308 SPECIFIC USE STANDARDS
(a) Ocean Shoreline Erosion Control Activities:
(1) Use Standards Applicable to all Erosion Control Activities:
(A) Preferred erosion control measures shall be beach nourishment projects and relocation. Al-
ternative approaches will be allowed where the applicant can show that such measures are nec-
essary to provide adequate protection. Comprehensive shoreline management shall be preferred
over small scale methods.
(B) Erosion control structures which cause significant adverse impacts on the value and enjoy-
ment of adjacent properties or public access to and use of the ocean beach are prohibited. Such
structures include, but are not limited to, wooden bulkheads, seawalls, rock or rubble revet-
ments, wooden, metal, concrete or rock jetties, groins and breadwaters; concrete -filled sandbags
and tire structures.
(C) Regulations concerning the use of oceanfront erosion control measures apply to all oceanfront
properties without regard to the size of the structure on the property or the date of its con-
struction.
(D) Erosion control measures which will interfere with public access to and use of the ocean
beaches are prohibited.
(E) Erosion control measures which significantly increase erosion on adjacent properties are
prohibited.
(F) All oceanfront erosion control activities, other than beach bulldozing, placement of sandbag
structures or artificial seaweed shall demonstrate sound engineering for their planned purpose
and shall be certified by a licensed engineer prior to being permitted.
(G) Shoreline erosion control projects shall not be constructed in beach or estuarine areas that
sustain substantial habitat for important wildlife species unless adequate mitigation measures are
incorporated into project design, as set forth in Rule .0306(i) of this Section.
(H) Project construction shall be timed to have minimum significant adverse effect on biological
activity.
(I) The applicant shall notify all littoral property owners within 100' of the boundaries of the
project site and no permit shall be issued until the property owner(s) has signed the notice form
or until a reasonable effort has been made to serve notice on the owner(s) by registered or cer-
tified mail.
(.n All oceanfront erosion control projects shall be consistent with the general policy statements
in 15 NCAC 7M .0200.
(K) Prior to beginning any beach nourishment or structural erosion control project, all exposed
remnants of or debris from failed erosion control structures must be removed by the permittee.
(L) All permitted erosion control devices shall be marked so as to allow identification for moni-
toring and potential cleanup purposes.
(M) Erosion control structures that would otherwise be prohibited by these standards may be
permitted on fording that:
(i) the erosion control structure is necessary to protect a bridge which provides the only ex-
isting road access to a substantial population on a barrier island; that is vital to public safety;
and is imminently threatened by erosion;
(ii) the preferred erosion control measures of relocation, beach nourishment or temporary
stabilization are not adequate to protect public health and safety; and
(iii) the proposed erosion control measure will have no adverse impacts on adjacent properties
in private ownership and will have minimal impacts on public use of the beach.
(2) Temporary Erosion Control Structures
(A) Permittable temporary erosion control structures include only the following:
(i) Bulkheads or similar structures made of sandbags or comparable materials;
(ii) Low sandbag groins or sandbag sediment trapping.structures above mean high water pro-
vided they are continuously buried by suitable sand from an outside source.
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EH. R - COASTAL .1IAAVAGEMEj T TIS: 07H .0300
(B) Temporary erosion control structures as defined in (A) of this Paragraph may be used only
to protect imminently threatened structures. - Formally, a structure will be considered to be
imminently Threatened if its foundation is less than 20 feet away from the erosion scarp.
(C) Shore -parallel temporary erosion control structures must not extend more than 20 feet past
the end of the structure to be protected. The erosion control structure also must not come
closer than 15 feet to the applicant's side property lines unless the application is part of a joint
project with neighbors trying to protect similarly threatened structures or unless the applicant
has written permission from the affected property owner. The landward side of such temporary
erosion control structures shall not be located more than. 20 feet seaward of the property to be
protected.
(D) If a temporary erosion control structure interferes with public access and use of the ocean
beach, or if it -requires burial but remains continuously exposed for more than six months it must
be removed by the permittee within 30 days of notification by the Coastal Resources Commis-
sion or its representatives. In addition, the permittee shall be responsible for the removal of
remnants of all or portions of the temporary erosion control structure damaged by storms or
continued erosion.
(E) Once the temporary erosion control structure is determined to be unnecessary due to a natural
reversal of the eroding condition, relocation of the threatened structure, or adoption of an al-
ternate erosion control method, any remnants of the temporary erosion control structure ex-
posed seaward of or on the beach must be removed by the permittee within 30 days of
notification by the Coastal Resources Commission or its representatives.
(F) Temporary sandbag bulkheads permittable by this Rule shall be of a size and configuration
consistent with their allowed purpose. Such structures may be appropriately anchored and shall
not exceed a width at their base of three sandbags or a maximum "of fifteen feet: In no case shall
the structure extend below the mean high water line.
(3) Sand -Trapping Devices: Low intensity off -shore passive sand -trapping devices may be permitted
provided:
(A) A minimum of two signs no smaller than 12 inches x 18 inches will be placed and maintained
on poles on the ocean beach at Ieast 6' above ground level that will indicate to fishermen, surfers
and bathers that the structures or devices are present offshore.
(B) The structures or devices will be removed at the expense of the applicant should they be do-
cumented as a nuisance to private property or to the public well being. "Nuisance" will be de-
fined as any interference with reasonable use of public trust waters or the ocean beaches for
navigation. swimming, fishing, sunbathing, or other recreational uses.
(C) The structures or devices will be aligned no closer than 450 feet seaward of the first line of
stable natural vegetation or 300 feet from the mean high water line, whichever is further seaward.
(4) Beach Nourishment. Sand used for beach nourishment should be compatible with existing
grain size and type. Sand to be used for beach nourishment shall be taken only from those areas
where the resulting environmental impacts will be minimal.
(5) Beach Bulldozing. Beach bulldozing (defined as the process of moving natural beach material
from any point seaward of the first line of stable vegetation to create a protective sand dike or
to obtain material for any other purpose) is development and may be permitted as an erosion
control measure if the following conditions are met:
(A) The area on which this activity is being performed must maintain a slope of adequate grade
so as to not endanger the public or the public's use of the beach and should follow the pre -
emergency slope as closely as possible. The movement of material utilizing a bulldozer, front
end loader, backhoe, scraper, or any type of earth moving or construction equipment should
not exceed one foot in depth measured from the pre -activity surface elevation;
(B) The activity must not exceed the lateral bounds of the applicant's property unless he has
permission of the adjoining land owner(s);
(C) Movement of material from seaward of the low water line will require a CAMA Major De-
velopment and State Dredge and Fill Permit;
(D) The activity must not simificantly increase erosion on neighboring properties and must not
have a sism fmcant adverse effect on important natural or cultural resources;
(E) The activity maybe undertaken *to protect threatened on -site waste disposal systems as well
as the threatened structure's foundations.
(b) Dune Establishment and Stabilization. Activities to establish dunes shall be allowed so long as
the following conditions are met:
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E•H.VR - COASTAL .IUVAGEIIE.VT T15. 07H .0300
(1) Any new dunes established shall be aligned to the greatest extent possible with existing adjacent
dune ridges and shall be of the same general configuration as adjacent natural dunes.
(2) Existing primary and frontal dunes shall not, except for beach nourishment and emergency sit-
uations, be broadened or extended in an oceanward direction.
(3) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation
is minuttized. The filled areas will be immediately replanted or temporarily stabilized until
planting can be successfully completed.
(4) Sand used to establish or strengthen dunes must be brought in from a source outside the ocean
hazard area and must be of the same nature as the sand in the area in which it is to be placed.
r (5) No new dunes shall be created in inlet hazard areas.
U (6) That sand held in storage in any dune other than frontal or primary dunes may be moved lat-
erally in order to strengthen existing primary or frontal dunes if the work would enhance the
protection to the proposed development activity.
(7) No disturbance of a dune area will be allowed when other techniques of construction can be
utilized and alternative site locations exist to avoid unnecessary dune impacts.
(c) Structural Accessways
(1) Structural accessways shall be permitted across primary dunes so long as they are designed and
constructed in a manner which entails negligible alteration on the primary dune. Structural ac-
cessways may not be considered threatened structures for the purpose of Paragraph (a) of this
Rule.
(2) An accessway shall be conclusively presumed to entail negligible alteration of a primary dune
if.
(A) The accessway is.exclusively.for.pedestrian use;
(B) The accessway is less than six feet in width; and
(C) The accessway is raised on posts or pilings of five feet or less depth, so that wherever possible
only the posts or pilings touch the frontal dune. Where this is deemed impossible, the structure
shall touch the dune only to the extent absolutely necessary. In no case shall an accessway be
permitted if it will diminish the dune's capacity as a protective barrier against flooding and ero-
sion; and
(D) Any areas of vegetation that are disturbed are revegctated as soon as feasible.
(3) An accessway which does not meet (')(A) and (B) of this Paragraph shall be permitted only if
it meets a public purpose or need which cannot otherwise be met and it meets .(2)(C) of this
Paragraph. Public fishing piers shall not be deemed to be prohibited by this Rule, provided all
other applicable standards are met.
(4) In order to avoid weakening the protective nature of primary and frontal dunes a structural
accessway (such as a "Hatteras ramp") should be pm%ided for any off -road vehicle (ORV) or
emergency vehicle access. Such accessways should be no greater than ten feet in width and
should be constructed of wooden sections fastened together over the length of the affected dune
area.
(d) Construction Standards. New construction and substantial improvements (increases of 50 percent
or more in value on square footage) to existing construction shall comply with the following standards:
(1) In order to avoid unreasonable danger to life and property, all development shall be designed
and placed so as to minimize damage" due to fluctuations in ground elevation and wave action
in a 100 year storm. Any building constructed within the ocean hazard area shall comply with
Chapter "34,' Volume 1 or Section 39, Volume 18 of the North Carolina Building Code, except
that when any provisions of the building code are inconsistent with any of the following AEC
standards, the more restrictive provisions shall control.
(2) All structures in the ocean hazard area shall be on pilings not less than eight inches in diameter
if round or eight inches to a side if square.
(3) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation
under the structure. For those structures which are placed closer than a line sixty times the
annual erosion rate from the most seaward line of stable natural vegetation, all pilings shall have
a tip penetration of at least five feet below mean sea level or sixteen feet below average original
grade whichever is least. For those structures so located on the primary dune or nearer to the
ocean, the pilings must extend to five feet below mean sea level.
(4) All foundations shall be adequately designed to be stable during applicable fluctuations in
ground elevation and wave forces during a 100 year storm. Cantilevered decks and walkways
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EILYR - COASTAL AUVAGEAIE. T TI5. 07H .0300
shall meet this standard or shall be designed to break -away without structural damage to the
main structure.
(5) All pilings shall be appropriately treated to resist decay, insects and corrosion.
(6) The lowest portion of the structural member of the lowest floor (excluding the pilings or col-
umns) shall be elevated above the 100 year storm elevation plus wave height addition.
(7) All exposed structural connections shall be adequately rustproofed or enclosed.
(8) All utility systems shall be located and constructed so as to minimize or eliminate storm damage.
(9) All walls below 100 year base flood level shall be -designed and installed to:
(A) allow storm waters to rise and flow freely under the structure,
(B) not permit the breakaway walls themselves to become water -borne debris, and
(C) not cause the accumulation of water-bome debris. Break -away walls shall be intended to
collapse under stress without jeopardizing the structural support of the structure.
(10) No impermeable (such as asphalt or cement) surfaces shall be allowed over any functional part
of a complete septic tank system.
History .Vote: Filed as a Temporary Amendment Eff'. June 20, 1989, for a
Period of 180 Days to Expire on December 17, 1989,
Statutory Authority G.S. 113A-107(a); 113A-107(b);
1134-113(b)(6)a.,b.,d.; 113A-124;
Ef. .. June 1, 1979;
Amended Ef.. Mardi 1, 1988, October 1, 1987, February 1, 1986, March 1, 1985.
.0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTION'S
(a) The following types -of development -may -be pm7nitted seaward-of..the. oceanfront .setback. re-
quirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and other state
and Iocal regulations are met:
(1) campgrounds that do not involve substantial permanent structures;
(2) parking areas with clay, packed sand or similar surfaces;
(3) outdoor tennis courts;
(4) elevated decks not exceeding 500 square feet;
(5) beach accessways consistent with Rule .0308(c) of this Subchapter,
(6) unenclosed, uninhabitable gazebos with floor areas of 200 square feet or less;
(7) uninhabitable storage sheds with floor areas of 200 square feet or less;
(8) temporary amusement stands; and
(9) swimming pools.
In all cases, this development shall only be permitted if it is landward of the vegetation line; involves
no significant alteration or removal of primary or frontal dunes or the dune vegetation; has overwalks
to protect any existing dunes; is not essential to the continued existence and/or use of an associated
principal development; is not required to satisfy minimum requirements of local zoning, subdivision
or health regulations; and meets all other non -setback requirements of this Subchapter.
(b) Where strict application of the oceanfront setback requirements of Rule .0306(a) of this Sub-
chapter would preclude placement of permanent substantial structures on lots existing as of June 1,
1979, single family residential structures may be permitted seaward of the applicable setback line in
ocean erodible areas, but not inlet hazard areas, if each of the following conditions are met:
(1) The development is set back from. the ocean the maximum feasible distance possible on the ex-
isting lot. and -the development is designed to minimize encroachment into the setback area;
(2) The development is at least 60 feet landward of the vegetation line;
(3) The development is not located on or in front of a frontal dune, but is entirely behind the
landward toe of the frontal dune;
(4) The development incorporates each of the following design standards, which are in addition to
those required by Rule .0308(d) of this Subchapter.
(A) All pilings have a tip penetration that extends to at least four feet below mean sea level;
(B) The footprint (the greatest exterior dimension of the structure, including covered porches and
covered stairways, when extended to ground level) of the structure be no mono than 1,000 square
feet or 10 percent of the lot size, wluchever is greater.
(5) All other provisions of this Subchapter and other state and local regulations are met. If the
development is to be serviced by an on -site waste disposal system, a copy of a valid permit for
such a system must be submitted as part of the CANIA permit application.
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EH. R - COASTALMANAGEMENT T1S: 07H .0300
L'
For the purposes of this Rule, an existing lot is a lot or tract of land which, as of June 1, 1979, is spe-
cifically described in a recorded plat and which cannot be enlarged by combining the lot or tract of land
with a contiguous lot(s) or tract(s) of land under the same ownership.
History Note: Statutory Authority G.S. 113A-107(a); 1I3A-107(b); 113A-113(b)(6)a.;
113A-113(b)(6)b.; 113A-113(b)(6)d.; 113A-124,
Eff. February 2, 1981;
Amended Eff. April 1, 1987, December 1, 1985; November 1, 1983; June 9, 1981.
.0310 USE STANDARDS FOR INLET HAZARD AREAS
(a) Inlet areas as defined by Rule .0304 of this Section are subject to inlet migration, rapid and severe
changes in watercourses, flooding and strong tides. Due to this extremely hazardous nature of the inlet
hazard areas, all development within these areas shall be located in accordance with the following
standards:
(1) All development in the inlet hazard area shall be set back from the first line of stable natural
vegetation a distance equal to the setback required in the adjacent ocean hazard area;
(2) Permanent structures shall be permitted at a density of no more than one commercial or resi-
dential unit per 15,000 square feet of land area on lots subdivided or created after July 23, 1981;
(3) Only residential structures of four units or less or non-residential structures of less than 5,000
square feet total floor area shall be allowed within the inlet hazard area;
(4) Established common-law and statutory public rights of access to the public trust lands and wa-
ters in inlet hazard areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways;
(5) Shoreline stabilization structures shall bepermitwd onIyas xparrof a publiclysupported project;
(6) All other rules in this Subchapter pertaining to development in the ocean hazard areas shall be
applied to development within the inlet hazard areas;
(b) The ty s of development exempted from the ocean setback regulations in Rule .0309(a) of this
Section shall also be exempt from these inlet hazard area setback requirements.
History :Vote: Filed as an Temporary Amendment Eff. October 30, 1981, for a Period of
70 Dabs to Expire on January 8, 1982,
Filed as an Emergency Rule. Eff. September 11, 1981, for a Period of -
120 Days to Expire on January 8, 1982,
Statutory Authority G.S. 113.4-107; 113A-113(b); 113A-124;
Eff. December 1, 1981:
Amended Eff. March 1, 1988 September 1, 1985.
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EH.VR - COASTAL .V1ArVAGE.IIE:VT TIS: 07H .0400
SECTION .0400 - PUBLIC WATER SUPPLIES
.0401 PUBLIC WATER SUPPLY CATEGORIES
The third broad grouping of AECs includes valuable small surface water supply watersheds and public
water supply well fields.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a, 113A-124,
Eff. September 9, 1977.
.0402 SIGNIFICANCE
(a) These vulnerable, critical water supplies, if degraded, could adversely affect public health or require
substantial monetary outlays by affected communities for alternative water source development.
(b) Uncontrolled development within the designated boundaries of a watershed or well field site could
cause significant changes in runoff patterns or water withdrawal rates that may adversely affect the
quantity and quality of the raw water supply. Also, incompatible development could adversely affect
water quality by introducing a wide variety of pollutants from homes, businesses, or industries, either
through subsurface discharge, surface runoff, or seepage into the vulnerable water supply.
HistoryVote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0403 [ENT OBJECTIVE •FOR-PUBLICWATERSURPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A -II streams and to coordinate and establish a
management system capable of maintaining public water supplies so as to perpetuate their values to the
public health, safety, and welfare.
History :Vote: Statutory Authority G.S. 113.4-107(a); 113.4-107(b); 113A-113(b)(3)a, 1134-124,
Eff. September 9, 1977.
.0404 AECs N11THL1 PUBLIC WATER SUPPLIES
Public water supplies as a broad category include two AECs: small surface water supply watersheds
and public water supply well fields. The following discussion includes the description and the land use
standards for each. Maps of these AECs are available at the CRC and the appropriate local minor
development permit office.
Note: Rules .0405 and .0406 of this Subchapter contain descriptions of four public water supply
areas as identified by the North Carolina Department of Human Resources, Division of Health
Services.
History :Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a, 113A-124;
Eff. September 9, 1977;
Amended Eff. November 1, 1984; January 24, 1978.
.0405 S.NIALL SURFACE WATER SUPPLY WATERSHEDS
(a) Description. These are catchment areas situated entirely within the coastal area which contain a
water body classified as A -II by the Environmental Management Commission. This means the maxi-
mum beneficial use of these bodies of water is to serve as public water supply areas. The watershed
of the A -II water bodies has been identified by the North Carolina Department of Human Resources
for designation by the CRC.
(b) Use -Standards. The CRC or local designated official shall approve an application upon finding
that the project is in accord with the following minimum standards:
(1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A-11
surface waters.
(2) Development requiring a national pollution discharge elimination system (NPDES) permit will
be denied an AEC permit until the NPDES permit is secured.
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EHNR - COASTALMANAGEMENT T15: 07H .0400
(3) Land -disturbing activriiies (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in
G.S. 113A-57.
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has been
made, more detailed standards may be applied.
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following
small surface water supply watersheds and developed detailed standards as set out in this Paragraph:
(I) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment
area. The Department of Human Resources proposed the fresh water lake on Bodie Island in
Dare County as an area of environmental concern.
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take
their raw water from the fresh water lake located between the two towns on Bodie Island- The
lake is approximately one -quarter mile west of the U.S. 158 bypass. This fresh water lake is
supplied by groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras rational Seashore Recreation Area. In addition, Kill
Devil Hills is the site of the Wright Brothers Memorial, a national monument. As a major
tourist attraction this area draws people from across the east coast. Contamination of the water
supply could, therefore, have an effect not only on other areas of the state but the east coast as
well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and
other sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers, septic
tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between• the. distances. of_500 feetand.1200 feet from the. edge of the pond, construction of
septic tank systems shall be limited to one single septic tank system serving a single family
residence not to exceed four bedrooms or its equivalent volume of sewage, on a lot or tract
of land not less than 40.000 square feet.
(2) The Toomers Creek Watershed. The Department of Human Resources proposed the Toomers
Creek at Wilmington in New Hanover County as an area of environmental concern. Toomers
Creek is a tributary to the Cape Fear River and is classified as Class A-11 swamp waters suitable
as a source of water supply for drinking, culinary, or food processing purposes after approved
treatment equal to coagulation, sedimentation, filtration, and disinfection, etc., and any other
usage requiring waters of lower quality. Toomers Creek is utilized by the City of Wilmington
as an auxiliary supply of raw water for drinking purposes.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124,
Ef . September 9, 1977,
Amended EfJ. September 1, 1988, November 1, 1984, February 18, 1980,
January 24, 1978.
.0406 PUBLIC NYATER SUPPLY «'ELL FIELDS
(a) Description. These are areas of well -drained sands that -extend downward from the surface into
the shallow ground water table which supplies the public with potable water. These surficial well fields
are confined to a readily definable geographic area as identified by the North Carolina Department of
Human Resources with assistance and support from affected local governments.
(b) Use Standards. Development within these AEC's shall be consistent with the following minimum
standards:
(1) No ground absorption sewage disposal or subsurface pollution injection systems shall be placed
within the designated AEC boundary except to replace systems existing as of July 24, 1987;
(2) Development shall not significantly limit the quality or quantity of the public water supply or
the amount of rechargeable water,
(3) The development shall not cause salt water intrusion or result in the discharge of toxic and: or
soluble contaminants into standing or groundwater, and
(4) Groundwater absorption sewage treatment systems may also be used within the AEC boundary
if each of the following provisions are met:
(A) the system is serving development on a lot that was platted of record as of July 24, 1987;
(B) there is no other economically viable method of waste treatment for the permittable devel-
opment of such lot;
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EH.`'R - COASTAL MAiVAGEMEA'T T15: 07H .0400
(C) there is no space outside the boundaries of the AEC on the lot upon which the treatment
system could be located; and
(D) the Division of Health Services, Department of Human Resources, prior to the CAIMA per-
mit decision, reviews and approves the proposed system as complying with existing guidelines.
(c) Designated public water supply well fields. The CRC has designated the following as public water
supply well fields which shall be subject to the use standards as set out in (b) of this Rule: ..
(1) Cape Hatteras Well Field. The Cape Hatteras Water Association is supplied with raw water
from a well field located south of N.C. 12 on Hatteras Island between Frisco and Buxton. The
area of environmental concern is bounded by a line located 1,000 feet from the centerlines of
three tracts. The fast tract is identified as "well field" on maps entitled "Cape Hatteras Wellfield
Area of Environmental Concern" approved by the Coastal Resources Commission on July 24,
1987, and extends approximately 12,000 feet west from Water Association Road. The second
tract is conterminous with the fast tract, is identified as "future well field" on said maps and
extends approximately 8,000 feet to the east of Water Association Road. The third tract is
identified as "future well field" on said maps and extends approximately 6,200 feet along the
National Park Ser-. ice boundary east of Water Association Road. The aquifer beneath the tracts
serves as the sole source of drinking water for the communities of Avon, Buxton, Frisco, and
Hatteras as well as the national seashore recreation area. The wetlands, swales, and surface
waters adjacent to the well field provide a large source of recharge and are a potential vehicle for
contaminants. Due to these facts contamination of the water supply could have an adverse ef-
fect on people other than the local residents of Hatteras Island. Water-bome disease organisms
could be easily transported to other areas of the state or the east coast by tourists who are at-
tracted to the area daily.
(2) Elizabeth City Well Field. The Department -of Human Resources proposed, the -well, field at
Elizabeth City in Pasquotank County as an area of environmental concern. The City of Eliza-
beth City is supplied with raw water from a shallow well field in the southeastem section of the
Dismal Swamp at the end of SR 1309 approximately one-half mile west of the corporate limits
of Elizabeth City. The well field begins at SR 1306 and extends west into the Dismal Swamp.
The area to be designated is bounded to the south by the Southern Railway until it intersects
SR 1144, to the east by SR 1306, 1309, and 1333, and to the north and west by the Dismal
Swamp. The well field consists of approximately 250 well points piped by vacuum systems
which deliver the water to storage basins. The shallow wells deliver about two gpm each. In
addition, there are four deep wells in the field with capacities of about 400 gpm each. Total
capacity of the field is approximately 1.5 MGD. The swamp is the source of recharge.
History• :Vote:.Statutory. Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)4.; 113A-124;
L•ff. September 9, 1977,
Amended Eff. October /, 1987; November 1, 1984.
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SECTION .0500 -NATURAL AND CULTURAL RESOURCE AREAS
.0501 GENERAL
The fourth and final group of AECs is gathered under the heading of fragile coastal natural and cul-
tural resource areas and is defined as areas containing environmental, natural or cultural resources of
more than local significance in which uncontrolled or incompatible development could result in major
or irreversible damage to natural systems or cultural resources, scientific, educational, or associative
values, or aesthetic qualities.
History,'Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4e) to (b)(4g);
113JA-124,
Ef. . September 9, 1977,
Amended EJJ: June 1, 1979.
.0502 SIGNIFICANCE
(a) Fragile coastal natural resource areas are generally recognized to be of educational, scientific, or
cultural value because of the natural features of the particular site. These features in the coastal area
serve to distinguish the area designated from the vast majority of coastal landscape and therein establish
its value. Such areas may be key components of systems unique to the coast which act to maintain
the integrity of that system.
(b) Areas that contain outstanding examples of coastal processes or habitat areas of significance to
:the scientific or educational -communities are-w•second-type-of.fragile. coastal .natural -resource - area
. r;
These areas are essentially self-contained units or "closed systems" minimally dependent upon adjoin-
ing areas. .
(c) Finally, fragile areas may be particulariy important to a locale either in an aesthetic or cultural
sense. -
(d) Fragile coastal cultural resource arras are generally recognized to be of educational, associative,
scientific, aesthetic, or cultural value because of their special importance to our understanding of past
human settlement of and interaction with the coastal zone. Their importance serves to distinguish the
designated areas as significant among the historic architectural or archaeological remains in the coastal
zone, and therein established their value.
History,Vote: Statutory Authority G.S. 113A-107(a),(b).; 113A-113(b)(4e) to (b)(4g); 113A-124,
Eff. September 9, 1977;
Amended Eff. `. June 1, 1979.
.0503 NO.NIINATION A.N'D DESIGNATION PROCEDURES
(a) Special Designation Process. The nomination and designation of a coastal complex natural area,
a unique coastal geologic formation, a coastal area that sustains remnant species, a significant coastal
archaeological resource, or a significant coastal historic architectural resource area of environmental
concern shall follow the procedures set forth in this Rule and in GS 113A-115.
t..J (b) Nomination. An area may be nominated by any person or group at any time for Coastal Re--
sources Com is _=_(CRC) consideration. Nominations may, for example, be made by citizens, in-
. terest1groupsloeal.govenirnents,. or state and federal agencies.: -Nominations should be -on a standard
form and must besubmitted to the division of coastal management (DCM). The nomination shall':
�j include relevant information relating .to the location, size, importance, ownership, and uniqueness of
LL11 the proposed site. Nomination forms are available from the division of coastal management.
(c) Preliminary Evaluation. After receipt of a nomination, the division of coastal management will
conduct a preliminary evaluation of the proposed site. The land owner, local government, and CRC
and CRAC members in whose jurisdiction the site is located will be informed of the proposed nomi-
nation. Representatives of these groups will meet to discuss the proposed nomination and will com-
plete a preliminary evaluation within 60 days after receipt of the nomination. Various protection
methods shall be examined to determine if AEC designation is appropriate.
(d) CRC Endorsement. A report on the preliminary evaluation shall be presented to the CRC so
that it may determine whether to endorse the evaluations and proceed with a more detailed analysis of
the site. This report shall be made at the first CRC meeting after the preliminary evaluation is com-
pleted. All parties involved in the nomination and preliminary evaluation will be informed, in writing,
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EH1VR - COASTAL .TUVAGENENT T15. 07H .0500
C
of the commission's decision to proceed or not to proceed with a detailed review of the site in question.
For sites that do not receive CRC endorsement for detailed review, recommendations for some other
form of protection may be discussed with the landowner. Other forms of protection include, but are
not limited to, registry with the North Carolina Natural Heritage Program, conservation easement to
a public agency or to a local conservation foundation, donation or acquisition of title, or other strate-
gies. n
(e) Detailed Review. A detailed review of the proposed site will be initiated under DCM supervision
after CRC endorsement. This will include the development of a management plan, if applicable, or
site spec use standards. Opportunity shall be given to local government officials, interest groups,
and those with scientific expertise to comment on the specific biological/physical or cultural values of
the site together with appropriate management strategies to safeguard the values identified. This review
shall be completed -within 90 days, starting from the date of the official CRC endorsement. At the
conclusion of this review, the report on the detailed review will be presented to the CRC for their
consideration.
(f) Public Hearing. If, after receiving the detailed review, the CRC decides to consider formal desig-
nation of the site as an AEC and adopt the particular management plan and/or use standards devel-
oped, a public hearing or hearings shall be conducted and notice of hearing published and distributed
in accordance with the requirements of G.S. 113A-115 and G.S. 150B-12. Copies of the site description
and of any proposed rules shall be made available for public inspection at the county courthouse in
each affected county and at the Raleigh Office of the Division of Coastal Management. At the
hearing(s) the CRC shall present the documentation and recommendations in support of the desig- n
nation decision_ �j
- (g) Formal Designation. After consideration of all-comments,..the-commission will-make.its final .;.
judgment. If the site is designated as an AEC, the CRC will also adopt a management strategy or use
standards applicable to the AEC.
HistoryVote: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)ef,g, and h; 113A-124,
Eff. September 9, 1977,
Amended Eff. May 1, 19W, :Nay 1, 1985; February 1, 1982; June 1, 1979.
.0504 AECs «1THIN CATEGORY
The description, significance, and management objectives for each AEC. (coastal complex natural ar-
eas, coastal areas that sustain remnant species, unique coastal geologic formations, significant coastal
architectural resources, and significant coastal historic architectural resources) within the grouping of
fragile coastal natural and cultural resource areas follows in Regulations .0505, .0506, .0507, .0509, and
.0510 of this Section.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124,
Eff. September 9, 1977, n
Amended Eff. June 1, 1979.
.0505 COASTAL AREAS THAT SUSTALN Mi NANT SPECIES
(a) Description. 'Coastal area that sustain remnant species are those areas that support native plants j
or animals determined to be rare or endangered (synonymous with threatened and endangered), within u
the- coastal':aiea:=~-Such: places provide habitats necessary for _the survival of. -existing populations or
communities'of rare or endangered species within the coastal *area. Determination will.be made by the
commission 'based upon the listing adopted by the North Carolina Wildlife Resources Comm; on or
the federal government listing; upon written reports or testimony of experts indicating that a species is
rare or endangered within the coastal area; and upon consideration of written testimony of local gov-
ernment officials, interest groups, and private land owners.
(b) Significance. The continued survival of certain habitats that support native plants and animals �\
in the coastal area is vital forthepreservation of our natural heritage and for the protection of natural
diversity which is related to biological stability. These habitats and the species they support provide a
valuable educational and scientific resource that cannot be duplicated.
(c) Management Objective. To protect unique habitat conditions that are necessary to the continued
survival of threatened and endangered native.plants and animals and to minimize land use impacts that
might jeopardize these conditions.
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EH,VR - COASTAL VA:VAGE:1fENT TIS:--07H .0500
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-IM(b)(4)f,• 113A-124;
Eff. September 9, 1977.
.0506 COASTAL COMPLEX NATURAL AREAS
(a) Description.. Coastal complex natural areas are defined as lands that support native plant and
animal communities and provide habitat qualities which have remained essentially unchanged by hu-
man activity. Such areas may be either significant components of coastal systems or especially notable
habitat areas of scientific, educational, or aesthetic value. They may be surrounded by landscape that
has been modified but does not drastically alter conditions within the natural area. Such area may
have been altered by human activity and/or subject to limited future modifications, e.g. the placement
of dredge spoil, if the CRC determines that the modifications benefit the plant or animal habitat or
enhance the biological, scientific or educational values which will be protected by designation as an
' AEC.
(b) Significance. Coastal complex natural areas function as key biological components of natural
systems, as important scientific and educational sites, or as valuable scenic or cultural resources. Often
these natural areas provide habitat suitable for threatened or endangered species or support plant and
animal communities representative of pre -settlement conditions. These area help provide a historical
perspective to changing natural habitats in the coastal area and together are important and irreplaceable
scientific and educational resources. The CRC may determine significance of a natural area by con-
sulting the 'Natural Heritage Priority List maintained by the Natural Heritage Program within the Di-
vision of Parks and Recreation. The CRC will establish a standing committee, composed of two or
more members of the CRC, one or more members of the CRAG, and three or more members of the
Nratural Area Advisory Committee, to evaluate areas not included in the Natural Heritage Priority List.
(c) Management Objectives. The management"objectives of thii-Rule are to proteci-tile features of
a designated coastal complex natural area in order to safeguard its biological relationships, educational
and scientific values, and aesthetic qualities. Specific objectives for each of these functions shall be re-
lated to the following policy statement either singly or in combination:
(1) To protect- the-natuml-conditions or the sites that function -as key or unique components of
l coastal systems. The interactions of various life forms are the foremost concern and include sites
that are necessary for the completion of life cycles, areas that function as links to other wildlife
areas (wildlife corridors), and. localities where the links between biological and physical envi-
ronments are most fragile.
(2) To protect the identified scientific and educational values and to ensure that the site will be ac-
cessible for related study purposes.
(3) To protect the values of the designated coastal complex natural area as expressed by the local
government and citizenry. These values should be related to the educational and aesthetic
qualities of the feature.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)e; IMA-24.
Ef. .. September 9. 1977,
l j Amended EJj'. October 1, 1988, February I, 1982.
.0507 UNIQUE COASTAL GEOLOGIC FORMATIONS
(a) Description. unique coastal geologic formations are defined as sites that contain geologic for-
mations. that are unique or otherwise significant components of coastal systems, or that are. especially
notable examples ofgeologic formations or processes us the coastal area. Such areas will be evaluated.
by the commission -after identification by the State Geologist.
(b) Significance. - unique coastal geologic areas are important educational, scientific, or scenic re-
sources that would be jeopardized by uncontrolled or incompatible development.
(c) Management Objectives. The CRCs objective is to preserve unique resources of more than local
significance that function as key physical components of natural systems, as important scientific and
educational sites, or as valuable scenic resources. Spec objectives for each of these functions shall
be related to the following policy statements either singly or in combination:
(1) To ensure that the designated geologic feature will be able to freely interact with other compo-
nents of the identified systems. These interactions are often the natural forces acting to maintain
the unique qualities of the site. The primary concern is the relationship between the geologic
feature and the -accompanying biological component associated with the feature.- Other inter-
actions which may be of equal concern are those relating the geologic feature to other physical
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EHNR - COASTAL ,NAIVAGENENT T15.'07H .0500
components, specifically the relationship of the geologic feature to the hydrologic elements;
ground water and surface runoff. �}
(2) To ensure that the designated geologic feature or process will be preserved for and be accessible
to the scientific and educational communities for related study purposes.
(3) To protect the values of the designated geologic feature as expressed by the local government
and citizenry. These values should be related to the educational and aesthetic qualities of the
feature. j
(d) Designation. The Coastal Resources CoTT1i711ssion hereby designates JockWs Ridge as a unique
coastal geologic formation area of environmental concern. The boundaries of the area of .environ-
mental concern shall be as depicted on a map approved by the Coastal Resources Commission on n
December 4, 1987, and on file with the Division of Coastal Management. This area includes the entire j
rights of way of US- 158 Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street
where these roads bound this area. Jockey's Ridge is the tallest active sand dune along the Atlantic
Coast of the United States. Located within the Town of Nags Head in Dare County, between US 158
and Roanoke Sound, the Ridge represents the southern extremity of a back barrier dune system which
extends north along Currituck Spit into Virginia. Jockey's Ridge is an excellent example of a medano,
a large isolated hill of sand, asymmetrical in shape and lacking vegetatiQn. Jockey's Ridge is the largest
medano in NT orth Carolina and has been designated a National Natural Landmark by the U.S. De-
partment of the Interior.
(e) Use Standards. Jockey's Ridge. Development within the Jockey's Ridge AEC shall be consistent
with the following minimum use standards: (�
(1) Development which requires the removal of greater than ten cubic yards of sand per year from
the area within the-AEC.boundary. shalLrequire a.permit;
(2) All sand which is removed from the area within the AEC boundary in accordance'with-7H
.0507(e)(1) shall be deposited at locations within the Jockey's Ridge State Park designated by
the Division of Coastal Management in consultation with the Division of Parks and Recreation; („J
(3) Development activities shall not significantly alter or retard the free movement of sand except `
when necessary for the purpose of maintaining or constructing a road, residential/commercial
`. structure, accessway, lawnigarden, or parking area.
History :Vote: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)g.; 1134424,
Eff. September 9, 1977,
Amended Eff. March 1, 1988.
.0508 USE STANDARDS
Permits for development in designated fragile coastal natural or cultural resource area will be ap-
proved upon finding that:
(1) The proposed design and location will cause no major or inzversible damage to the stated values
of a particular resource. One or more of the following values must be considered depending upon
the stated significance of the resource:
(a) Development shall preserve the values of the individual resource as it functions as a critical
component of a natural system.
(b) Development shall not adversely affect the values of the resource as a unique scientific, associa-
tive, or educational resource.
.(c) - Development: shall: be consistent -with. the aesthetic values,ofa resource as. identified by.the local.
government -and citizenry.
(2) No reasonable alternative sites are available outside. the designated AEC.
(3) Reasonable mitigation measures have been considered and incorporated into the project plan.
These measures shall include consultation with recognized'authorities and with the CRC.
(4) The project will be of equal or greater public benefit than those benefits lost or damaged through
development.
(5) Use standards will not address farming and forestry activities that are exempted in the definition u
of development (G.S. 113A-103(5)a.4).
History :Vote. Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113.4-124,
Eff. September 9, 1977,
Amended Eff. February 1, 1982; June /, 1979.
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EHNR - COASTAL ,VfA.,VAGEjWEAVT -TI5. 07H .0500
.0509 SIGNIFICANT COASTAL ARCHAEOLOGICAL. RESOURCES
(a) Description.. Significant coastal archaeological resources are defined as area that contain ar-
chaeological remains (objects, features, and/or sites) that have more than local significance to history
or prehistory. Such areas -will be evaluated by the North Carolina Historical Commission in consul-
tation with the commission as part of the procedure set forth in Rule .0503 of this Section. .
(b) Significance. Significant coastal archaeological resources are important educational, scientific, or
aesthetic resources. Such resources would be jeopardized by uncontrolled or incompatible develop-
ment. In general, significant archaeological resources possess integrity of location, design, setting,
workmanship, materials, and association and:
(1) are associated with events that have made a significant contribution to the broad patterns of
history; or
(2) are associated with the lives of persons significant in history; or
(3) embody the distinctive characteristics of a type, period, or method of construction, or represent
a significant and distinguishable entity whose components may lack individual distinction; or
(4) have yielded, or may be likely to yield, information important in history or prehistory.
(c) Management Objectives. The CRC's objective is to conserve coastal archaeological resources of
more than local significance to history or prehistory that constitute important scientific sites, or are
valuable educational, associative, or aesthetic resources. Specific objectives for each of these functions
shall be related to the following policy statements either singly or in combination:
(1) to give the highest priority to the development of a preservation management plan to provide
long-term, effective management of the archaeological resource; only that development which
would have minimal adverse effects on the archaeological resource will be acceptable;
(2) - to conserve significant archaeological resoums,.including their:spatial.and structural context and ...
characteristics through in -situ preservation and/or scientific study; I_..
(3) to insure that the designated archaeological resource, or the information contained therein, be
preserved for. and be accessible to the scientific and educational communities for related study
pulses;
(4) to protect the values of the designated archaeological resource as expressed by the local govern-
ment and citizenry; these values should be related to the educational, associative, or aesthetic
111---111 qualities of the resource.
(d) General Use Standards.
(1) Significant concentrations of archaeological material, preferably reflecting a-full_range of human
behavior, should be preserved in -situ for future research by avoidance during planned con-
struction activities. Areas for avoidance should be selected only after sufficient archaeological
investigations have been made. See Subparagraph (d)(2)(B) of this Rule to determine the na-
ture, extent, conditions and relative significance of the cultural deposits. Three avoidance mea-
sures should be considered, preferably in combination:
(A) incorporation of "no impact" spaces in constriction plans such`as green spaces between lots;
(B) definition of restrictions limiting specific types of ground disturbing activities;
(C) donation of preservation easements to the state or, upon approval by the N.C. Division of
Archives and History, a legitimate historic preservation agency or organization.
.(2) Any activities which would damage or destroy the fragile contents of a designated site's surface
or subsurface shall be expressly prohibited until an archaeological investigation and subsequent
resource management plan has been implemented. Such investigation and management plan
shall _.be_developed in.full,consultation with .the North- Carolina _Division of Archives and His -
tort' : = In this _way, potentially damaging or destructive activities (e.g., constriction, roads, sewer
lines, ;land-scaping) may be managed both during initial phases of construction and after the
development is completed. Such archaeological investigations shall comply with the following
criteria:
(A) all archaeological work will be conducted by an experienced professional archaeologist;
(B) initial archaeological investigations conducted as part of the permit review process will be
implemented in three parts: Phase I, a reconnaissance level investigation to determine the nature
and extent of archaeological materials over the designated area; Phase II, an intensive level in-
vestigation which represents a direct outgrowth of Phase I findings and through systematic data
recovery assesses the potential importance of identified concentrations of archaeological materi-
als; Phase III, mitigation of adverse effects to recognized area of importance. Evaluations of
research potential «•ill be made and prioritized in order of importance, based upon the status
of previous research in the area and the integrity of the remains;
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EH,VR - COASTAL .MANAGE1fEVT T15: 07H .0500
(C) an archaeological research design will be required for all archaeological investigations. All
research designs will be subject to the approval of the North Carolina Division of Archives and
History prior to conducting the work. A research proposal must allow at least 30 days for re-
view and comment by the North Carolina Division of Archives and History;
(D) data will be collected and recorded accurately and systematically and artifacts will be curated
according to accepted professional standards at an approved repository.
(e) Designations. The Coastal Resources Commission hereby designates Permuda Island as a sig-.,..
nificant coastal archaeological resource area of environmental concern. Permuda Island is a former '
barrier island located within Stump Sound in southwestern Onslow County. The island is 1.2 miles
long and .1 - .25 miles wide. Archaeological evidence indicates earliest occupation from the Middle
Woodland Period (300 B.C. - 800 A.D.) through the late Woodland Period (800 A.D. - 1650 A.D.)
and historic occupations predating the Revolutionary War. Archaeological remains on the island
consist of discrete shell heaps, broad and thick layers of shell midden, prehistoric refuse pits and por-
tholes, as well as numerous ceramic vessel fragments and well-preserved animal bone remains. The
resources offer extensive research opportunities.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4h); 113A-124;
Eff. June 1, 1979,
Amended Eff. October 1, 1988; January 1, 1985.
.0510 SIGNIFICANT COASTAL HISTORIC ARCHTTECTL'RAL RESOURCES
(a) Description. Significant coastal historic architectural resources are defined as districts, structures,
buildings, sites or objects that have more than local significance to.history or architecture. _Such -areas
will be evaluated by the North Carolina Historical Commission in consultation with the commission µ
as part of the procedure set forth in Rule .0503 of this Section.
(b) Significance. Significant coastal historic architectural resources are important educational, scien-
tific. associative, or aesthetic resources. Such resources would be jeopardized by uncontrolled or in-
compatible development. In general, significant historic architectural resources possess integrity of
design, setting, workmanship, materials, and association and:
(1) are associated with events that have made a significant contribution to the broad pattems of
history; or
(2) are associated with the lives of persons significant in history; or
(3) embody the distinctive characteristics of a type, period, or method of construction, or represent
a significant and distinguishable entity whose components may lack individual distinction; or
(4) have yielded, or may be likely to yield, information important in history.
(c) Management Objectives. The CRC's objective is to conserve coastal historic architectural re-
sources of more than local significance which are valuable educational, scientific, associative or aesthetic
resources. Specific objectives for each of these functions shall be related to the following policy state-
ments either singly or in combination:
(1) to conserve historic architectural resources as a living part of community life and development,
including their structural and environmental characteristics, in order to give a sense of orien-
tation to the people of the state;
(2) to insure that the designated historic architectural resource be preserved, as a tangible element
of our cultural heritage, for its educational, scientific, associative or aesthetic purposes;
(3) to. protect the values of the designated historic architectural resource as expressed by the local
governmeat.arid citizenry; these values should be relatedto the educational, scientific, associative
or aesthetic qualities of the resource.
History :Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4h); 113A-124,
Eff. June 1, 1979.
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EHiVR - COASTAL AfAAAGEME.,VT - -T15: 07H .0600
SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs
u .0601 NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or of local government in which the de-
velopment takes place.
HistoryNote: Statutory Authority G.S. 113A-107(a),(b); 113A-124;
Ejf. September 9, 1977.
.0602 POLLUTION OF WATERS
No development shall be allowed in any AEC which would have a substantial likelihood of causing
pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters
would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent
to or within closed shellfish waters when a use attainability study of those waters documents the pres-
ence of a significant shellfish resource in an area that could be expected to be opened for shellfishing
given reasonable efforts to control the existing sources of pollution.
History• Note: Statutory Authority G.S. 113A-107(a),(b); 113A-124;
EfJ. September 9, 1977,
Amended EfJ. July 1, 1987.
G�
a' a FORTH CAROLIAA AD.1 IMSTRATIVE CODE 10102189 Page I

EM R - COASTAL MANAGEMENT -TIS: 07H .0700
SECTION .0700 - TECID'ICAL APPEN- DIX 1: DEFL MOMS FOR PUBLIC TRUST AREAS
.0701 MEAN HIGH WATER
.0702 MEXN WATER LEVEL
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(5);
Eff. September 9, 1977,
Repealed Ef. . November 1, 1984.
,FORTH CAROLLYA AD.111:YISTRATIVE CODE 10102189 Page I

E•HNR - COASTAL SIA:VAGEIIEVT TIS: 07H .0800
SECTION .0800 - TECHNICAL APPENDIX 2: OCEAN HAZARD AREAS
.0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS
.0802 DYNAMIC EQUILIBRIUM
.0803 BEACHES
.0804 SAND DL�'ES
.0805 SEDME\T TRANSPORT
.0806 LNLETS
.0807 NVASHOVER AREAS
History ;Vote: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(6)a,(b)(6)b; (b)(6)d;
Eff. September 9, 1977,
Repealed Eff. November 1, 1984.
NORTH CAROLINA AD. UNISTRATIVE CODE 10102189 Page I

EHjVR - COASTAL MANAGEMENT
T l [. A9I7 AAAA
SECTION .0900 - TECIENICAL APPENDIX 3. INLET LANDS
.0901 IDE`TIFICATION PROCEDURE FOR INI= LANDS
.0902 DESIGNATION OF NON -STABILIZED INLETS
History Note: Statutory Authority G.S.113A-107(a),(b); 113A-113(b)(6)d,
Eff. September 9, 1977;
Amended Eff. January 24, -1978,
Repealed Eff. September 15, 1979.
.FORTH CAROLI.VA AD.111,VISTRATIVE CODE 10102189 Page 1

EH.VR - COASTAL MANAGEMENT -T15: 07H .1000
SECTION .1000 - TECHNICAL APPENDIX 4: PUBLIC WATER SUPPLIES
.1001 SMALL SURFACE WATER SUPPLY WATERSHEDS
.1002 PUBLIC WATER SUPPLY WELL FIELDS
.1003 BIBLIOGRAPHY
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(a),(b)(3)a;
Eff. September 9, 1977,
Amended Eff. February 18, 1980;
Repealed Eff. November 1, 1984.
:FORTH CAROLI.VA AD,III. ISTRATII'E CODE 10102189
Page I

EH R - COASTALMANAGEMENT T15: 07H .1100
lJ
SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE
PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC
TRUST WATERS
.1101 PURPOSE
This permit will allow the construction of bulkheads and the placement of riprap for shoreline pro-
tection in the public trust waters and estuarine waters AECs according to authority provided in Sub-
chapter 7J A 100 and according to the following guidelines. This permit will not apply to shoreline
(�
(�
protection within the ocean hazard AEC.
History Note: StatutoryAuthority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1102 APPROVAL PROCEDURE
(a) The applicant must contact the Division of Coastal Management and complete an application
form requesting approval for development. The applicant shall provide information on site location,
dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property oumers indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the proposed bulkhead alignment can be appropriately
marked. Written authorization to proceed with the proposed development may be issued during this
visit. Construction of the bulkhead or riprap structure must begin within 90 days of this visit or the
general authorization expires and it will be necessary to re-examine the alignment to determine if the
general authorization can be reissued.
OC`
llistory Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
1I3A-118.1; 113A-124;
Eff. March 1, 1984;
j�
Amended Eff. December 1, 1987.
.1103 PERMIT FEE
No fee will be assessed for this permit.
History;Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-1l8.1; 113A-124;
Eff. March 1, 1984.
.1104 GENERAL CONDITIONS
(a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming
to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community _l);vtlopment to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
terms and conditions prescribed herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of the bulkhead or the riprap authorized herein.
(d) This general permit may be either modified, suspended or revoked in whole or in part if the de-
partment determines that such action would be in the best public interest. This general permit will not
be applicable to proposed construction where the department determines that authorization may be
warranted, but that the proposed activity might significantly affect the quality of the human environ-
ment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation, or recreational values.
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EHNR - COASTAL .NANAGE.NENT T15: 07H .1100
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(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History :Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1,1984,
Amended Eff. December 1, 1987.
.1105 SPECIFIC CONDITION'S
(a) This general permit is applicable only along shorelines void of wetland vegetation including marsh
grass and wooded swamp, or where all construction is to be accomplished landward of such vegetation.
(b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must
be positioned as follows:
(1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet wa-
terward of the mean high water mark, or the normal water level contour, whichever is applicable.
In no case shall the bulkhead be positioned more than 5 feet waterward of the mean high water
or normal water level contour at any point along its alignment.
(2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high
water mark or normal water level contour at any point along its alignment. ' This location
standard also applies to riprap proposed waterward of the existing bulkheads.
(c) Along shorelines w7thin upland basins, canals, and ditches, bulkheads or riprap material must be
positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high
water mark or the normal water level contour, whichever is applicable. In no case shall the bulkhead
or riprap be positioned more than 10 feet waterward of the mean high water or normal water level
contour at any point along its alignment. For the purpose of these regulations, the Atlantic Intracoastal
Waterway (AINNW) is considered a natural shoreline and development must occur as described in 7H
.1105(b).
(d) Construction authorized by this general permit will be limited to a maximum shoreline length of
500 feet.
(e) All backfrll material shall be obtained from an upland source.
(f) The bulkhead must be constructed, or the riprap must be in place prior to any backfilling activities.
(g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfrll materials
through the structure.
(h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient
to prevent its movement from the site by wave or current action.
(i) Ripmp material must consist of clean rock or masonry materials such as but not limited to granite
or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood
debris, organic material or similar material, are not considered riprap.
6) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except for that
which may be -required for the -construction of the bulkhead wall, riprap, deadmen cables, etc. This
permit does not authorize any excavation waterward of the approved alignment.
(k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width
of the canal or basin.
(1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimen-
tation control plan must be filed with the Division of Land Resources, Land Quality Section, or ap-
propriate local government having jurisdiction. This plan must be approved prior to commencing the
land -disturbing activity.
History.Vote: Statutory .4uthority G.S. 113.4-107(a); 113A-107(b); 113A-113(b); 113A-118.1;
113.4-124:
Eff. March 1, 1984,
.-Amended Eff. Jaratary 1, 1989; December 1, 1987.
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EHNR - COASTAL MANAGEMENT TIS: 07H .1200
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND
BOAT HOUSES L\ ESTUARINE AINM PUBLIC TRUST WATERS
.1201 PURPOSE
This permit will allow the construction of new piers, docks, and boat houses in the estuarine and
public trust waters AECs and construction of new piers and docks within coastal wetlands AECs ac-
cording to the authority provided in Subchapter 7J .1100 and according to the following guidelines.
This permit will not apply to the Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1202 APPROVED PROCEDURES
(a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di-
mensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) Approval of individual projects will be acknowledged in writing by the Office of Coastal Man-
agement and the applicant shall be provided a copy of this Section.
History Note:. Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
-113A-118.1; 113A-124;
Eff. March 1, 1984.
.1203 PERMIT FEE
No fee will be assessed for this permit.
History .Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff.. March 1, 1984.
.1204 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be. non-commercial structures conforming to the stan-
dards herein.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under the authority of this general permit is in accordance with
the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public
by the existence of -piers, docks and boat houses.
(d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions.of G.S. 113A-107 if the department determines that such action would be in the best
public interest: �-T1us general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a spec construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
.\'ORTH C.4ROLI:VA AD.111.VISTR.4TIi E CODE 10102189 Page I

EHNR - COASTAL MANAGEMENT T15: 07H .1200
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Ef. .. March 1, 1984.
.1205 SPECIFIC CONDMO\S
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the
mean high water contour be, or the normal water level, whichever is applicable, or to the 4 ft. water
contour line of the water body, whichever is closer to shore.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same
shoreline for similar use.
(c) Piers and docks shall be elevated over coastal wetlands and shall not exceed 6 feet in width.
(d) Boat houses shall have open sides and have a floor area not to exceed 500 square feet.
(e) Piers, docks, and boat houses shall be constructed no closer than 85 feet to the near bottom edge
of any federally maintained navigation channel.
(f) Piers, docks, and boat houses shall in no case extend more than 1/3 the width of a natural water
body or man-made canal or basin.
(g) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall
have a minimum setback of 15 feet between any part of the pier and the adjacent property lines ex-
tended into the water at the points that they intersect the shoreline. The minimum setbacks provided
in the regulation may be waived by the written agreement of the adjacent riparian owner(s), or when
two adjoining riparian owners are co -applicants. Should the adjacent property be sold before con-
struction of the pier commences, the applicant shall obtain a written agreement with the new owner
waiving the minimum setback and submit it to the Office of Coastal -Management -prior to, initiating
any development of the pier, dock, or boat house. The line of division of areas of riparian access shall
be established by drawing a line along the channel or deep water in front of the property, then draw a
line perpendicular to the line of the channel so that it intersects with the shore at the point the upland
property line meets the water's edge.
(h) Piers and docks may have "T" heads or platforms not exceeding 500 square feet built at their
waterward end and not covering any vegetated wetland areas.
(i) For all new or replacement floating facilities, flotation units shall be constructed of material which
will not become waterlogged or sink when punctured.
6) This general permit is not applicable on ocean beaches.
History :Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Ef.. March 1, 1984.
.FORTH C.4ROLI,i A AD.111.•VISTRATIY,E CODE 10102189 Page 2

EH,VR - COASTAL .VA.VAGEME.NT T15. 07H .1300
SECTION .1300 - GENERAL PERMIT TO MAL�TAIN: REPAIR AND CONSTRUCT BOAT
RALNIPS ALONG ESTUARINE SHORELr�ES A.1D INTO ESTUARINE AND PUBLIC TRUST
WATERS
I .1301 PURPOSE
�j This permit will allow the construction of boat ramps of suitable materials along estuarine shorelines
and into estuarine and public trust waters AECs according to the authority provided in Subchapter 7J
.1100 and according to the following guidelines. This permit will not apply to the Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1302 APPROVAL PROCEDLIZES
(a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di-
mensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
a (c) No work shall begin until an on -site meeting is held with the applicant and appropriate Office of
Coastal Management representative so that the proposed boat ramp alignment can be appropriately
marked. Written authorisation to proceed -with the proposed development will be issued -during this
n visit. Construction of the boat ramp structure must begin within 90 days of this visit or the general
]u� authorization expires.
History Note: Statutory Authority G.S. 113A-/07(a); 113A-/07(b); 113A-1 /3(b);
( 113A-118.1; 113.4-/24;
Eff. Afarch /, 1984.
.1303 PERMIT FEE
U No fee will be assessed for this permit.
U History ;rote: Statutory Authority G.S. 113A-107(a); 113A-/07(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1304 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial boat ramps constructed of accept-
able material and conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of 'Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
terms and conditions prescribed herein.
(c) There shall `be"no unreasonable interference with navigation or public use of the waters during
or after construction.
(d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, -but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect areas which
npossess historic, cultural, scenic. conservation or recreational values.
L.J (f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
FORTH CAROLL A ADMIA-ISTRATITT CODE 10102189 Page I

EH.VR - COASTAL :WA,VAGEAfE.VT T15: 07H-.1300
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
EfJ. March 1, 1984.
.130E SPECIFIC CONDMO\S
(a) Boat ramps shall be no wider than 15 feet and must not extend farther than 20 feet below the
mean high water level contour in tidal areas, or the normal water level contour in nontidal areas.
(b) Excavation and ground disturbing activities above and below the mean high water level or normal
water level will be limited to that absolutely necessary to establish adequate ramp slope and provide a
ramp no greater in sue than specified by this general permit.
(c) Placement of fill materials below the mean high water level, or normal water level contour, will
be limited to the ramp structure itself. Boat ramps may be constructed of concrete, wood, steel, clean
riprap, marl, or any other acceptable materials as approved by department personnel. No coastal
wetland vegetation shall be excavated or filled at any time during constriction and subsequent use of
the proposed ramp.
History ,Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-II8.1; 113A-124,
Eff. ,larch 1, 1984.
.FORTH CAROLI.YA. AD.11LY7STR.4 TIt E CODE 10102189 Page 2

G .
EHiVR - COASTAL A1A:YAGEWE,VT -T15: 07H .1400
SECTION .1400 - GENERAL PERMIT FOR CONSTRUCTION OF WOODEN GROINS IN
n ESTUARINE AND PUBLIC TRUST WATERS
.1401 PURPOSE
This permit will allow the construction of wooden groins in the estuarine and public trust waters
AECs according to the authority provided in Subchapter 7J .1100 and according to the following
guidelines. This general permit shall not apply to the ocean hazard AEC.
f History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
n Eff. March 1, 1984.
.1402 APPROVAL PROCEDURE
U (a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di-
mensions of the project area, and his name and address.
U(b) The applicant must provide confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) Approval of individual projects will be acknowledged in writing by the Office of Coastal Man-
agement and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
Q 113A-118.1; 113A-124,
Ef .. Alarch 1, 1984.
.1403 PERMIT FEE
No fee will be assessed for this pcnnit.
t History Note: Statutory• Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113.4-118.1; 113.4-124,
Eff..Varch 1, 1984.
.1404 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be simple, wooden groins conforming to the standards
(� herein.
U (b) Individuals shall allow authorized representatives of the Department of tiatural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
1.J terms and conditions prescribed herein.
{� (c) There shall be no significant interference with navigation 6r use of the waters by the public by the
existence of wooden groins authorized herein.
Q (d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest... This general permit will not be applicable to proposed. construction where the depart-
ment believes -that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigation, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
(� (f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to Subchapter 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
.FORTH CAROLI.N.4 ,4D.Ill.VISTR.4TII'E CODE 10102189 Page I

EH,VR - COASTAL ,NANAGEIIE,rT T15. 07H .1400
C�
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
EfJ. ,March 1, 1984.
.1405 SPECIFIC CO\MTTIO\S
(a) Groins shall not extend more than 25 feet waterward of the mean high water or normal water level
unless a longer structure can be justified by site specific conditions, sound engineering and design
principles.
(b) Groins shall be set back a minimum of IS feet from the adjoining property lines. This setback
may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining riparian
owners are co -applicants. Should the adjacent property be sold before constriction of the groin com-
mences, the applicant shall obtain a written agreement with the new owner waiving the minimum set-
back and submit it to the permitting agency prior to initiating any development of the groin.
(c) The height of groins shall not exceed 1 foot above mean high water or the normal water level.
(d) No more than two structures shall be allowed per 100 feet of shoreline unless the applicant can
provide evidence that more structures are needed for shoreline stabilization.
(e) "L" and "T" sections shall not be allowed at the end of groins.
History.Vote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Eff. March 1, 1984.
FORTH C4ROLI.N.4 AD.111,VISTRATIi•E CODE 10102189 Page 2

EH,VR - COASTAL ,L1A,VAGEAfEVT TIS. 07H .IS00
SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO
EXISTING CANALS: CHANNELS: BASINS. OR DITCHES IN ESTUARLNE WATERS:
PUBLIC TRUST WATERS. AND ESTUARII E SHORELINE AEC'S
.1501 PURPOSE
This permit will allow excavation within existing canals, channels, basins and ditches in estuarine and
public trust waters for the purpose of maintaining previous water depths and creating new boat basins
from non -wetland areas that will be used for private, non-commercial activities. This general permit
is being developed according to the procedures outlined in Subchapter 7J .1100, and will apply to the
estuarine waters and public trust waters areas of environmental concern.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff: December 1, 1987.
.1502 APPROVAL PROCEDURE
U(a) . The applicant must contact the Division of Coastal Management and complete an application
form requesting approval for development. Applicants shall provide their name and address, the site
location and the dimensions of the project area.
(b) The applicant must provide confirmation prior to the initiation of any development that a written
statement has been signed by the adjacent riparian property owners indicating that they have no ob-
jections to the proposed work.
(c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
nManagement representative to inspect and mark the proposed area of excavation and spoil disposal.
l.� Written authorization to proceed with the proposed development can be issued during this site visit.
All excavation must be completed within 90 days of the date of permit issuance, or the general au-
jthorization expires.
Histo :Vote: Statutotyefuthority G.S. 113A-107(a),(b); 113:1-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December 1, 1987.
.1503 APPLICATION FEE
No fee will be assessed for this permit.
History Vote: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113A-124;
Eff: July 1, 1984.
.1504 GENERAL CONDITIONS _
(a) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to Q make periodic inspections at any time necessary to ensure that the activity being performed under authority of this general permit is in accordance with the terns and conditions
prescribed herein. -
(b) This general permnit may either.be modified, suspended, or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed excavation where the depart-
mcnt determines that the proposed activity may significantly affect the quality of the environment or
unnecessarily endanger adjoining properties.
(c) This general permit will not be applicable to proposed excavation when the department deter-
mines that the proposed activity would adversely affect areas which possess historic, cultural, scenic,
conservation or recreational values.
(d) This general permit will not be applicable to proposed maintenance excavation when the de-
partment determines that the proposed activity will adversely affect adjacent property.
(J (e) The department may determine in some cases that this general permit is not applicable to a spe-
cific excavation proposal. In such cases an individual permit application and review of the proposed
r� project may be initiated using the application forms, fees and procedures required by 15 \CAC 7J.
.YORTH CAROLI_YA ADMINISTRATIVE CODE 10102189 Page I

EH.VR - COASTAL :NAiVAGEJ1E.VT -T15: 07H .IS00
C
(i) This general permit authorizes maintenance excavation in canals, channels, basins and ditches
within primary nursery area as designated by the Division of Marine Fisheries except as proscribed
by other provisions of this permit. Individual project requests will be evaluated on a case -by -case basis
and coordinated with appropriate Division of Marine Fisheries personnel. Individual projects will not
be allowed during periods of highest biological productivity.
(g) New basins within or with connections to primary nursery areas are not allowed.
(h) No new basins will be allowed that result in closure of shellfish waters according to the closure
policy of the Division of Health Services.
(i) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization, nor, to abide by regulations adopted by any federal or other state agency.
0) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Vote: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A=118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December 1, 1987.
.1505 SPECIFIC CONDITIONS
Proposed maintenance excavation must meet each of the following specific conditions to be eligible
for authorization by this general permit.
(1) New basins will be allowed only when they are located entirely in highground and join existing
man-made canals or basins.
(2) New basins will be no larger than 50' in either length or width and no deeper than the waters they
join.
(3) New basins must be for the private non-commercial use of the land owner.
(4) Maintenance excavation must involve the removal of no more than 1,000 cubic yards of material
as part of a single and complete project.
(5) A11 excavated material must be placed entirely on high ground above the mean high tide or or-
dinary high water line, and above any marsh or other wetland.
(6) All spoil material must be stabilized or retained so as to prevent any excavated material from
re-entenns the surroundin_ waters, marsh or other wetlands.
(7) The proposed project must not involve the excavation of any marsh, submerged aquatic vege-
tation, or other wetlands.
(3) Maintenance excavation must not exceed the original dimensions of the canal, channel, basin
or ditch and in no case be deeper than 6 feet below mean low water or ordinary low water, nor
deeper than connecting channels.
(9) No excavation may occur during times designated by the N.C. Division of Coastal Management
for protection of fish, shellfish or wildlife resources.
(10) No maintenance excavation may take place within prime shellfish areas as designated by the
N.C. Division of Marine Fisheries.
(11) Proposed excavation must not promote or provide the opportunity for a change in existing land
use at the time of project review.
(1 2) New basins and canals must maintain required setbacks between septic tank systems and surface
waters.
History Nore:�=Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984,
Amended Eff. September 1, 1988; December 1, 1987.
.FORTH CAROLLVa .9D.111.N'ISTR.aTIVE CODE 10102189 Page 2

EHNR - COASTAL AMNAGE.ME.VT TIS: 07H .1600
SECTION .1600 - GENERAL PERMIT FOR THE 17�;STALLATION OF AERIAL AND
SUBAQUEOUS UTILITY LIVES WITH ATTENDANT STRUCTURES IN COASTAL
WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE .
SHORELINES
U .1601 PURPOSE
This permit will allow for the installation of utility lines both aerially. and/or subaqueously in the
coastal wetland, estuarine water, public trust water and estuarine shoreline AECs according to the au-
thority provided in Subchapter 7J .1100 and according to the following guidelines. This general permit
shall not apply to the ocean hazard AECs.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
n .1602 APPROVAL PROCEDURE
'UI (a) The applicant must contact the Division of Coastal Management and complete an application
form requesting approval for development. The applicant shall provide information on site location,
dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the utility line alignment can be appropriately marked.
Written authorization to proceed with the proposed development will be issued during this visit.
Construction on the utility line must begin within twelve months of this visit or the general authori-
zation expires.
History .Vote: Statutory Authority G.S. I13-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. Mardt 1, 1985.
.1603 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
.1604 GENERAL CONDITIONS
(� (a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation
Uof potable water, and any cable, line, or wire for the transmission, for any purpose, of electrical energy,
telephone and telegraph messages, and radio and television communication.
. (b) There must be no resultant change in preconstruction bottom contours. Authorized fill includes
j� only that necessary to backfrll or bed the utility line. Any excess material must be removed to an up-
land disposal area.
(c) The utility:line crossing will not adversely affect a public water supply intake.
n (d) The utility line route or construction method will not disrupt the movement of those species of
aquatic life indigenous to the waterbody.
(e) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time necessary to ensure that the activity
(j being performed under authority of this general permit is in accordance with the terms and conditions
u prescribed herein.
(f) This general permit may either be amended or repealed in whole or in part according to the pro-
visions of G.S. 113A-107 if the commission determines that such action would be in the best public .
interest.
(g) This general permit will not be applicable to proposed excavation where the department deter-
mines that the proposed activity may significantly affect the quality of the environment or unnecessarily
endanger adjoining properties. .
.FORTH CAROLI`A ADMINISTRATIVE CODE 10102189 . Page I

EHNR - COASTALMANAGEMENT T15. 07H .1600
(h) This general permit will not be applicable to proposed excavation when the department deter-
mines that the proposed activity would adversely affect areas which possess historic, cultural, scenic,
conservation or recreational values.
(i) The department may determine in some cases that this general permit is not applicable to a specific
installation proposal. In such cases an individual permit application and review of the proposed project
may be initiated using the application forms, fees and procedures required by 15 NCAC 7J.
6) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization, nor, to abide by regulations adopted by any federal or other state agency.
(k) Development carried out under, this permit must be consistent wiih all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History ;Vote: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Ef. . March 1, 1985.
.1605 SPECIFIC CONDITIONS
Proposed utility line installations must meet each of the following specific conditions to be eligible for
authorization by this general permit:
(1) All spoils which are permanently removed must be placed on a highground disposal site and
stabilized so as not to return to waters, marsh or other wetlands.
(2) Any additional backfill material required must be clean sand or rock free of organic matter.
(3) Cuts through wetlands must be minimized.
(4) Finished grades or subaqueous or wetland crossing must be returned to preproject contours.
(5) There can be no work within any productive "shellfish beds. .
(6) No excavation or filling activities will be permitted between April I and September 30 of any year
within any designated primary nursery area.
(7) Subaqueous lines must be placed at a depth of 6' below the project depth of federal projects.
In other areas they will be installed at a minimum depth of 2' below the bottom contour.
(3) The minimum clearance for aerial communication lines or any lines not transmitting electricity
will be 10' above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial electrical transmission lines shall be.consistent with those es-
tablished by the U.S. Army Corps of Engineers and U.S. Coast Guard.
(10) The installation of a utility line on pipe bents or otherwise above the elevation of mean high or
mean ordinary water must be of sufficient height to allow for traditional navigation in the water
body. Additionally the utility line must not interfere with the waterflow of normal or flood waters.
History :Vote: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Ef. .. ,If arch 1, 1985.
.FORTH CAROLINA AD. INISTRATIiE CODE 10102189 Page 2

EH.VR - COASTAL titANAGE.IMIN T TIS: 07H .1700
SECTION .1700 - GENERAL PERMIT FOR E:NIERGV'CY WORK REQUIRIIG A CAMA
n AND/OR A DREDGE AND FILL PERMIT
.1701 PURPOSE
This permit allows work necessary to protect property and/or prevent further damage to property
caused by a sudden or unexpected natural event or structural failure which imminently endangers life
or structure. For the purposes of this general permit, major storms such as hurricanes, northeasters
or southwesters may be considered a sudden unexpected natural event although such storms may be .
predicted and publicized in advance.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Ef. .. November 1, 1985.
.1702 APPROVAL PROCEDURES
(a) Any person wishing to undertake development in an area of environmental concern necessary to
protect life or endangered structures will notify the Division of Coastal Management or Local Permit
Office (LPO) when a possible emergency situation exists.
(b) The applicant may qualify for approval of work described in this permit after an onsite inspection
by the LPO or Division of Coastal Management Field Consultant and upon his findings that the pro-
posed emergency work requires a CAMA and/or Dredge and Fill permit. The LPO shall issue the
permit if the required emergency measures constitute minor development-
(c) Once the LPO or Consultant determines that the -applicant's proposed project may qualify for
an emergency permit, he shall consult with the applicant and assist him in preparing an application.
The applicant shall include a sketch showing existing conditions and the proposed work.
(d) The applicant for an emergency permit must take all reasonable steps to notify adjacent riparian
landowners of the application. and prior to receiving a permit will certify by signing the permit the
`y following:
(1) that a copy of the application and sketch has been served on all adjacent riparian landowners,
or if service of a copy was not feasible, that the applicant has explained the project to all adjacent
riparian landowners;
a (2) that the applicant has explained to all adjacent riparian landowners that they have a right to
oppose the issuance of a permit by filing objections with the local CAMA permit officer or with
the Secretary of the Department of Natural Resources and Community Development;
(3) that, as to adjacent riparian landowners not contacted, the applicant has made a reasonable at-
tempt to contact them and furnish them with the required information.
(e) All work authorized by this general permit will cease after thirty days from the date of issuance.
History:Vote: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1703 PERMIT FEE
No fee will be assessed for this permit.
History Noti.­-Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
aEff.:Vovember 1, 1985.
.1704 GENERAL CONDITIONS
(a) Work permitted by means of an emergency permit shall be subject to the following limitations:
(1) No work shall begin until an onsitte meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the proposed emergency work can be appropri-
ately marked. Written authorization to proceed with the proposed development can be issued
during this visit.
(2) No work shall be permitted other than that which is necessary to reasonably protect against or
reduce the immincnt danger caused by the emergency to restore the damaged property to its
condition immediately before the emergency, or to re-establish necessary public facilities or
transportation corridors.
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EHAW - COASTAL MANAGEMENT 11T15: 07H .1700
(3) Any permitted erosion control projects shall be located no more than 20 feet watenvard of the
endangered structure.
(4) Fill materials used in conjunction with emergency work for storm or erosion control shall be
obtained from an upland source. Excavation below MHW in the Ocean Hazard AEC may be
allowed to obtain material to fill sandbags used for emergency protection.
(5) Structural work shall meet sound engineering practices.
(6) This permit allows the use of oceanfront erosion control measures for all oceanfront properties
without regard to the size of the existing stnwture on the property or the date of construction.
(b) Individuals shall allow authorized representatives -of the Department of Natural Resources and
Community Development to make inspections at any time deemed necessary to be sure that the activity
being performed under authority of this general permit is in accordance with the terns and conditions
prescribed herein. '
(c) There shall be no unreasonable interference with navigation or public use of the waters during
or after construction.
(d) This general permit may be either modified, suspended, or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect area which
possess historic, cultural, scenic, conservation, or recreational values.
(f) The department may, •in a case -by -case basis, determine. that the. general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 \CAC U
(g) This permit does not eliminate the'need to obtain any other state, local, or federal authorization.
(h) Development carried out under this permit must be consistent with all local requirements, CA�fA
( regulations, and local land use plans, storm hazard mitigation, and post -disaster recovery plans current
at the time of authorization.
History .Vote: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1705 SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in the Ocean Hazard AEC.
(1) Pemmittable temporary erosion control structures include only the following:
(A) bulkheads or similar structures made of sandbags or comparable materials;
(B) low sandbag groins or sandbag sediment trapping structures above mean high water provided
they are continuously buried by suitable sand from an outside source.
(2) Temporary erosion control structures as defined in (1) of this Rule may be used only to protect
imminently threatened structures. Normally, a structure will be considered to be imminently
threatened if the foundation is less than 20 feet away from the erosion scarp.
(3) Shore -parallel temporary erosion control structures must not extend more than 20 feet past the
end of the -structure to be protected. The erosion control structure also must not come closer
than f5-feerto the applicant's side property lines unless the application is part of a joint project
with neighbors trying to protect similarly threatened structures or unless the applicant has writ-
ten permission from the affected property owner. The landward side of such temporary erosion
control structures shall not be located more than 20 feet seaward of the property to be protected.
(4) If a temporary erosion control structure interferes with public access and use of the ocean beach,
or if it requires burial but remains continuously exposed for more than six months, it must be
removed by the permince within 30 days of notification by the Coastal Resources Commission
or its representatives. In addition, the permittee shall be responsible for the removal of remains
of all or portions of the temporary erosion control structure damaged by storms or continued
erosion.
(5) Once the temporary erosion control structure is determined to be unnecessary due to a natural
reversal of the eroding condition, relocation of the threatened structure, or adoption of an al-
ternate erosion control method, any remnants or the temporary- erosion control structure ex -
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EHNR - COASTAL MANAGEMENT TIS: 07H .1700
posed seaward of or on the beach must be removed by the permittee within 30 days of
notification by the Coastal Resources Commission or its representatives.
(6) Temporary sandbag bulkheads permittable by this Rule shall be of a size and configuration
consistent with their allowed purpose. Such structures may be appropriately anchored and shall
not exceed a width at their base of three sandbags or a maximum of 15 feet. In no case shall
the stnicture extend below the mean high water lime.
(7) Excavation below mean high water in the Ocean Hazard AEC may be allowed to obtain material
to fill sandbags used for emergency protection.
(b) Erosion Control Structures in the Estuarine Shoreline, Estuarine Waters, and Public Trust AECs.
Work permitted by this general permit will be subject to the following limitations:
(1) no work will be permitted other than that which is necessary to reasonably protect against or
reduce the imminent danger caused by the emergency and/or to restore the damaged property
to its condition immediately before the emergency;
(2) the erosion control structure will be located no more than 20 feet waterward of the endangered
structure;
(3) fill material used in conjunction with emergency work for storm or erosion control in the Es-
tuarine Shoreline, Estuarine Waters and Public Trust AECs will be obtained from an upland
source.
(c) Protection, Rehabilitation, or Temporary Relocation of Public Facilities and/or Transportation
Corridors.
(1) Work permitted by this general permit will be subject to the following limitations:
(A) no work will be permitted other than that which is necessary to reasonably protect against
or reduce the imminent danger caused by the emergency and/or to restore the damaged property
to its condition immediately before the emergency;
(B) the erosion control structure will be located no more than 20 feet waterward of the endangered
structure;
(C) any fill materials used in conjunction with emergency work for storm or erosion control shall
be obtained from an upland source except that dredging for fill material to protect public high-
ways or other structures of public interest will be considered on a case -by -case basis;
(D) all fill materials or structures associated with temporary relocations which are located within
Coastal Wetlands, Estuarine Water, or Public Trust AECs shall be removed after the emergency
event has ended and the area restored to predisturbed conditions.
(2) This permit only authorizes the immediate protection or temporary rehabilitation or relocation
of existing public facilities. Long-term stabilization or relocation of public facilities should be
consistent with local governments' post -disaster recovery plans and policies which are part of
their Land Use Plans.
History Aote: Statutory Authority G.S. 113-229(d); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Ef. .. November 1, 1985.
FORTH C.4ROLI, A AD:111.VISTRATIVE CODE 10102189 Page 3

EKVR - COASTAL AM AGE.IIENT TIS: 07H .1800
SECTION.1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZLN. G LANDWARD OF
THE MEAN HIGH WATER MARK IN THE OCEAN HAZARD AEC
('1 .1801 PURPOSE
UThis permit will allow beach bulldozing needed to reconstruct or repair frontal and/or primary dune -
systems. For the purpose of this general permit, beach bulldozing is defined as the process of moving
natural beach material from any point seaward of the first line of stable vegetation to repair damage to
frontal and/or primary dunes caused by a major storm event. This general permit is being developed
(� according to the procedures outlined in Subchapter 71 .1100 and will apply only to the Ocean Erodible
AEC. This general permit shall not apply to the Inlet Hazard AEC.
lJ History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
1.1 Eff. December 1, 1987.
.1802 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management or local permit officer (LPO)
and complete an application form requesting approval for development. The applicant shall provide
information on site location, dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained and signed
by the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate LPO or
Division of Coastal Management representative so that the existing first line of stable natural vegetation .
a can be appropriately marked and recorded on the application. Written authorization to proceed with
the proposed development may be issued during this visit. All bulldozing must be completed within
30 days of the date of permit issuance or the general authorization expires.
History :Vote: Statutory Authority G. S. 113-229(cl); 113.4-107 (a)(b); 113.4-113(b); 113A-1/8.1;
Eff. December 1, 1987.
.1803 PERMIT FEE
No fee will be assessed for this permit.
History :`Note: Statutory Authority G.S. 113-229(cl); 113A-107(a) (b); 113A-113(b); 113A-118.1;
Eff. December /, 1987.
.1804 GENERAL CONDITIONS
(a) Any future setback determinations which may be required shall be made using the first line of
stable natural vegetation established prior to the bulldozing activity.
(b) Individuals shall allow authorized representatives of the Department of \Natural Resources and
Community Development to make periodic inspections at any time deemed necessary to ensure that
a the activity being performed under authority of this general permit is in accordance with the terns and
conditions prescribed herein.
(c) This general permit may be either modified, suspended, or revoked in whole or in part if the de-
partment. ddtermiries that such action would be in the best public interest. This general permit will not
be applicable to proposed construction where the department believes that authorization may be war-
ranted but that the proposed activity might significantly affect the quality of the human environment
or unnecessarily endanger adjoining properties.
(d) This general permit will not be applicable to proposed construction when the department deter-
a mines after any necessary investigation that the proposed activity would adversely affect area which
possess historical, cultural. scenic, conservation or recreational values. If a shipwreck is unearthed, all
work shall stop and both the Division of Archives and history and Coastal Management shall be con-
tacted immediately.
(e) The department may on a case by case basis determine that the general permit shall not be ap-
plicable to a spec construction proposal. In those cases, individual permit application and review
of the proposed project will be required according to 15 NCAC 7H.
(f) This general permit does not convey any rights, either in real estate or material and does not au-
thorize any injury to property or invasion of rights of others.
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EMVR - COASTAL MANAGEMENT TIS: 07H .1800
(g) This permit does not eliminate the need to obtain any other required state, local or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
HistoryNote: Statutory Authority G.S. 113-229(c1); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
.1805 SPECIFIC CONDITIONS
(a) The area in which this activity is being performed must maintain a slope of adequate grade so as
to not endanger the public or the public's use of the beach and should follow the pre -emergency slopes
as closely as possible. The movement of material by a bulldozer, front-end loader, backhoe, super
or any type of earth moving or construction equipment shall not exceed 1 foot in depth measured from
the pre -activity surface elevation.
(b) The activity must not exceed the Iateral bounds of the applicant's property unless he has the
written permission of the adjoining landowner(s).
(c) tilovement of material from seaward of the mean high water line is not authorized.
(d) The activity must not significantly increase erosion on neighboring properties and must not have
a significant adverse effect on important natural or cultural resources.
(e) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation
is minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can
be successfully completed.
(f) In order to minimize adverse impacts.to nesting sea turtles, no work shall occur within the period
of May 1 through November 15 of any year.
(g) If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and
sedimentation control plan must be fried with the Division of Land Resources, Land Quality Section,
or appropriate local government having jurisdiction. This plan must be approved prior to commencing
the land disturbing activity.
History .Vote: Statutory Authority. G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
:FORTH CAROLI;V.4 AD.III;VISTRATIT'E CODE 10102189 Page 2

EH.VR - COASTAL MANAGE.VENT T15:-07H .1900
SECTION .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES
r, WITHIN' ESTUARL\E II.��D OCEAN HAZARD AECS
.1901 PURPOSE
This permit will allow for the placement of temporary structures within estuarine and ocean hazard
AECs according to the provisions provided in Subchapter U .1100 and according to the guidelines in
this Subchapter.
D History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Eff. March 1, 1989.
.1902 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete a general permit
application form requesting approval for development. Applicants shall provide information on site
location, dimensions of the project area, proposed activity, name, address, and telephone number.
(b) The applicant must provide confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners, indicating that they have no objections to the proposed work.
D (c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
Management representative to inspect and mark the site of construction of the proposed development.
Written authorization to proceed with the proposed development may be issued by the division during
this %isit. All work must be completed and the structure removed within 180 days following the day
written authorization is issued.
History :Vote: Statutory Authority G.S. 1/3-229(cl); 113A-107(a)(b);
113A-113(b); 113.4-118.1;
Eff. Afarch /, 1989.
.1903 PERMIT FEE
QNo fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Eff. March 1, 1989.
.1904 GENERAL CONDITIONS
(a) Temporary structures for the purpose of this general permit are those which are constructed within
the ocean hazard or estuarine system AECs and because of dimensions or functions do not meet the
criteria of the existing general permits (i.e. are not a bulkhead, pier, rip -rap, groin, etc.).
(b) There shall be no encroachment oceanward of the first line of stable vegetation within the ocean
(� hazard AEC by the structure.
u(c) There shall be no fill activity below the plane of mean high water associated with the structure.
(d) The structum.shall not be located in such a manner that will directly or indirectly adversely impact
coastal wetlands.
(e) The structure shall not disrupt the movement of those species of aquatic life indigenous to the
waterbody.
(f) Individuals shall allow authorized representatives of the Department of NRCD to make periodic
Q inspections at any time necessary to ensure that the activity being performed under authority of this
general permit is in accordance with the terms and conditions prescribed herein.
(g) This general permit may either be amended or repealed in whole or in part according to the pro-
visions of G.S. 113A-107 if the commission determines that such action would be in the best public
(�} ' interest.
�j (h) This general permit will not be applicable to proposed structures when the department determines
that the proposed activity may significantly affect the quality of the environment or unnecessarily en-
danger adjoining properties.
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EH,VR - COASTAL AUVAGENfEW TIP 07H .1900
(i) This general permit will' not be applicable to proposed structures when the department determines
that the proposed activity would adversely affect area which possess historic, cultural, scenic, conver-
sation or recreational values.
6) The department may determine in some cases that this general permit is not applicable to a specific
structural proposal. In such cases an individual permit application and review of the proposed project
may be initiated using the application forms, fees, and procedures required by 15 NCAC V.
(k) This permit does not eliminate the need to obtain any other state, local or federal authorization,
nor, to abide by regulations adopted by any federal, state, or local agency.
(1) Development carried out under this permit must be.consistent with all local requirements, and
local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Ef .. ,Llarch 1, 1989.
.1905 SPECIFIC CONMMONS
Proposed temporary structures must meet each of the following specific conditions to be eligible for
authorization by the general permit:
(1) All aspects of the structure shall be removed and the site returned to pre -project conditions at the
termination of this general permit.
(2) There shall be no work within any productive shellfish beds.
(3) The proposed project shall not involve the disturbance of any marsh, submerged aquatic vege-
tation, or other wetlands including excavation and/or filling of these areas.
(4) The proposed activity shall not involve the disruption of normal navigation and transportation
channels and shall be properly marked to prevent being a hazard to navigation.
(5) The proposed project shall not serve as a habitable place of residence.
(6) There shall be no adverse disturbance of existing dune structures.
(7) Development carried out under this permit shall not exceed one acre in size in accordance with
15 \CAC 2H .1002(1) and 15 \CAC 2H .1003(a)(1).
(8) No sewage disposal system will be allowed without a permit authorized by either the Division
of Health Services or the Division of Environmental Management.
History• :Vote: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
113A-113(b); 113,4-118.1;
Ef. .March 1, 1989.
.FORTH C4ROLI.`.4 AD.111.VISTRATIVE CODE 10102189 Page 2