Public Water Access Plan-1986

PUBLIC WATER
ACCESS PLAN
NEW HANOVER COUNTY
PUBLIC
ACCESS
tr
NEW HANOVER
COUNTY
NC
COASTAL MANAGEMENT
PROGRAM
,
THE NEW HANOVER COUNTY
PLANNING DEPARTMENT
APRIL 1986
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PUBLIC WATER ACCESS PLAN
FOR NEW HANOVER COUNTY
TABLE
OF CONTENTS
PAGE
OVERVIEW
1
I. INTRODUCTION
1
11. THE
COUNTY'S ROLE
IN PUBLIC
WATER ACCESS
3
A.
Land Use Plan
Policies for
Growth and Development
3
B.
Implementation
Action
4
(1) Potential
Implementation
Actions
4
(2) Suggested
Implementation
Actions
5
C.
Present Public
Access Sites in
New Hanover County
6
D.
Potential Access
Sites in New
Hanover County
7

PUBLIC WATER ACCESS PLAN
FOR NEW HANOVER COUNTY
OVERVIEW
Increasing pressure has been placed on the County's public water access
facilities. Continued growth In the population, the rapid increase in tourism_,
and the increasing scarcity and cost of'undeveloped waterfront property will
continue to add to the pressure. Access, especially boat access, appears to be
particularly needed to the County's sounds, creeks, and rivers.
This Public Water Access Plan discusses alternatives available to the County
for acquiring and developing additional access sites. An inventory of present
and potential access sites has also been included.
The following are this plan's principal recommendations:
1) Strengthen the public water access policies in the upcoming 1986 Update
of the Land -Use Plan Policies for Growth and Development;
2) Develop an active public water access development program, to be funded
by a proposed excise tax on real property transfers (sales) and by
recreational impact fees;
3) Support a present effort to expand Snow's Cut Park into a regional
estuarine access facility.
4) Establish a sinking fund for the acquisition and expansion of estuarine
and ocean access sites.
1. INTRODUCTION
New Hanover County has several hundred miles of ocean and estuarine
shoreline, which has traditionally provided recreational and visual access to the
water for County residents. Water access additionally has served as a major
underpinning for the economically important tourism industry in the County.
Several studies have indicated the importance of water in recreational
activities. According to three national surveys performed by the Neilsen Company
in the 19701s, the water dependent activities of swimming, fishing, and boating
ranked first, fourth, and fifth, respectively, in terms of most frequent
participation. In addition to these water -dependent activities, a number of
water -related activities, such as picnicking and sightseeing, are enhanced by
water access.
In recent years, however, decreasing accessibility to the County's waters
has been expressed as a major problem. Factors leading to the increasing lack of
public water access include:
(a). increased residential and resort development along the county's
waterfront, as indicated by Figure 1, has physically crowded and
limited public access points;

Park FIGURE 1
Riverfront Park
a
3
w
Mw MOwf �y,V NIVI
G. N.jN1M
35 access sites
Y Future estuarine sanctuary
a�. PUBLIC WATER
a - g ACCESS
8
i * :BOAT RAMP
REGIONAL BEACH ACCESS
MT LOCAL BEACH ACCESS
Snows Cut Park
l*26 access sites
Carolina
Beach State I V
Park I ''
j4 6 access sites
22 access sites
i
Q
State recreation beach
- •� NEW HANOVER COUNTY
-2-

(b) the common practice of positioning public streets parallel to the water
and of extending private street right-of-ways to the water has
eliminated traditional public access sites;
(c) The dramatic increase in the value of waterfront property may make
future County purchases of access sites prohibitive;
(d) New Hanover County's population history has been one of growth; between
the 1930 and 1980 censuses the County's population increased by 140
percent from approximately 43,000 to 103,471. By 1990 the projected
population is expected to have increased by nearly 17 percent to
120,899. The growing population trend has caused and will continue to
cause a concomitant increase in water access demand by the County's
residents.
(e) The construction of "walls" of condominium units or other structures
between public roads and the water has reduced public visual and
physical access.
(f) The long-term increase in leisure time has created a greater demand for
public water access.
II. THE COUNTY'S ROLE IN PUBLIC WATER ACCESS
The County presently plays an active role in providing public water access.
in terms of the policies and implementation actions it has adopted and the
capital investments that it has made. This section of the Water Access Plan
examines the County's present involvement in these areas, discusses some
alternatives, and makes several recommendations.
A. Land Use Plan Policies for Growth and Development
New Hanover County presently has four policies encouraging the development of
recreation facilities and the preservation of open space in the 1981 Land -Use
Plan Policies for Growth and Development. One policy, 1-36(3), is specifically
concerned with public water access:
"Public access to the area's natural recreation amenities such as ocean and
river and sounds shall be insured."
The existing policy concerned with public water access could be strengthened
in the 1986 Land -use Plan Update by including language for more active provision
of public water access, as .follows:
"Existing public access to the County's ocean and estuarine waters shall be
preserved, and new access points shall be -acquired and developed as the
County's population and tourism economy grows."

B. Implementation Actions
The County's 1981 Policies for Growth and Development lists several
implementation actions that should be taken to implement the existing policies.
These suggested actions include encouragement of developers to provide open space
and utilization of flood hazard areas for open space.. No specific actions are
suggested, however, regarding the provision of public water access.
(1) Potential Implementation Actions
There are three methods of land acquisition available to local governments
In North Carolina for protecting existing access and acquiring new access.
a) Purchase of Fee Simple Interest
Acquisition of fee simple interest is the most direct means of acquiring
access but it may also be the most expensive depending on property location and
the amount of land sought. Local governments are granted the authority to
acquire real properties in General Statutes 153A-158 and 160-11. Authority to
purchase property for parks and recreation purposes is framed in General Statutes
15A-444 and 160A-353.
b) Acquisition of An Easement
An easement is the right to use another's land in some specifically
designated manner and may be either by purchase, donation, or prescription.
Easements are useful in acquiring accessways from a public road across private
property to the water. Purchase of easements may be expensive or unavoidable,
but landowners may be persuaded to sell if they are allowed a reduction in
property taxes because of diminution in value. The second type of easement, the
prescriptive easement, involves the continued public use of private property to
gain access to another property either privately or publicly owned. A
prescriptive easement can be acquired only when it can be shown that the use has
been made by the public at large for a specified length of time (e.g. 20 years)
and, to be legally recognized, must be established by litigation, followed by
recordation of encumbrance upon title.
c) Land Use Controls
Zoning ordinances and subdivision regulations fall under the police power
available to (coal governments to acquire a water access for the general public.
The authority for establishing public access requirements in zoning
ordinances exists under the zoning enabling legislation for North Carolina
Counties, N.C. General Statues 153A-340. This section states:
-4-

"The regulations may also provide that the board of adjustment or the board
of commissioners may issue special use permits.or conditional use permits
In the classes of uses or situations and in accordance with the principles,
conditions, safeguards and procedures specified and may impose reasonable
and appropriate conditions and .safeguards upon these permits. Where
appropriate, the conditions may include requirements that street and
utility right-of-way be dedicated to the public and that recreational space
be provided." (Emphasis added.)
The authority for establishing public access requirements in subdivision
ordinances exists under the subdivision control enabling legislation for North
Carolina County, N.C. General statues 153A-331. This section states:
"A subdivision control ordinance may provide for the orderly growth and
development of the county, for the coordination of streets and highways
within proposed subdivisions with existing or planned streets and highways
and with other public facilities; for the dedication or reservation of
recreation areas serving residents of the immediate neighborhood within the
subdivision and of right-of-way or easements for street and utility
purposes. (Emphasis added.)
2. Suggested Implementation Actions
The following implementation actions could be included in the 1986 Land -use
Plan to implement the previously suggested policy:
(1) The County shall establish an active program for locally funding
acquiring, and establishing new access points that will provide
adequate access for all areas of the County.
(2) Subdivision regulations shall be developed that will require
subdividers to ensure the provision of adequate recreational
opportunities for the new subdivision residents.
(3) The County will pursue Federal and State funds, examine available
public lands, and seek other opportunities in providing public water
access.
(4) Existing public access, whether established by public acquisition,
previous dedication of roads or rights -of -way, or by legally recognized
customary use, shall be maintained and protected from encroachment by
private development.
(5) The design of public access points shall include acceptable
accommodations for the handicapped, minimize environmental impacts, and
consider the reduction of hardships to surrounding property -owners.
&3

(6) The County shall establish a public awareness and information program
concerning the tax advantages of private donations or "bargain" sales
of property or easements suitable for access.
(7) The County shall establish a public information program notifying
residents and tourists of existing estuarine and ocean water access
sites.
In regard to actions #1 and #2, the County Planning Department Is nearing
completion of a study proposing several actions that would help in the
acquisition and development of public water access. The study proposes that the
County Subdivision Regulations be amended to require developers to either pay.an
impact fee or to dedicate land to the County in lieu of the fee for the provision
of adequate recreational facilities. In addition, the study proposes that the
County seek State legislation, similar to that adopted for other counties, that
will specifically allow New Hanover County to adopt an excise tax on real
property transfers (sales). The tax revenues could be used for public water
access, in addition to other capital facilities.
In regard to action #3, the County is seeking further funds available under
the N.C. Coastal Area Management Act (CAMA). In addition, the County is seeking
to utilize land owned by the U.S. Corps of Engineers and available to the County
without charge, in the County's present effort to expand Snow's Cut Park for
regional estuarine access.
In regard to action #4, a number of potential access sites exist where roads
have been platted down to the waterfront. These platted roads should be
protected from private encroachment and road closing petitions. Where
appropriate, the County Commissioners should accept the dedication of these roads
for public access.
In addition, the County has faced continuing problems in preventing the
encroachment of existing public access sites by private uses, such as parking for
condominium developments or for dumpster locations.
Action #5 simply lists considerations for the design of future access
points. Action #6 would encourage private land donations of potential access
sites by making land owners aware of the considerable tax advantages of land
donations.
Action #7 would encourage residents and tourists to use public water access
sites by disseminating information about the location of public water access
sites. In addition, this action whould reduce the number of instances the public
trespasses over private land to reach the water.
C. Present Public Access Sites in New Hanover County
The County has a number of presently developed public water access sites, as
indicated in Figure 1. Wrightsville Beach has approximately 37 ocean access
sites, including two regional sites. There are approximately 55 ocean access
points in Pleasure Island, including six local access points owned and maintained
by the County. The County also cooperates with the State in operating the Fort
Fisher regional access site in Pleasure Isle but will become less directly
invoved with the State in the coming year.
-6-

The County is considerably lacking in estuarine access points, particularly
boat ramps, in comparison to oceanfront access. The greatest deficiency for
estuarine and boat access is along the Inland Waterway and adjoining creeks.
Presently, the County maintains estuarine and boat access facilities at the
Riverside Park in Castle Hayne, and estuarine access facilities at Snow's Cut
Park. In addition, the City of Wilmington has created an urban estuarine access
point and a boat ramp at the Riverfront Park in Wilmington. The State owns and
maintains five boat ramps in the County, one of which is in the Carolina Beach
State Park. In addition, the State provides ocean access at the Fort Fisher
State Park. A list of all public and commercial boat access facilities is given
in Table 1.
D. Potential Access Sites in New Hanover County
Potential public water access sites in New Hanover County can be classified
based on the ownership status of the property. This Plan categorizes the sites
based on whether or not the property is privately owned, publicly owned, or
dedicated to the public but not yet accepted.
1) Privately owned sites
The vast majority of potential water access sites in the County are clearly
under private ownership.
Acquisition of these sites by the County would require, as discussed
earlier, purchase of fee simple interest or an easement; donation by the property
owner; or forced dedication to the County by means of zoning or subdivision
regulations.
Table 2 lists some private access points and properties that may have
potential for acquisition by the County as public access. County acquisition of
these properties, however, may require significant capital for land purchase.
2) Publicly owned sites
Significant segments of the shoreline, particularly in Pleasure Isle and
along Snow's Cut, are presently owned by Federal and State Agencies. A major
advantage of utilizing these properties for access is the elimination of the cost
of purchasing the land.
In certain areas, the controlling agency is very willing to lease the
property to the County for development of access, in order to receive County
assistance in maintenance and security of the property. This situation exists on
the Snow's Cut property, which is controlled by the U.S. Corps of Engineers and
which is adjacent to the County's existing Snow's Cut Park. The County Planning
and Parks Departments have prepared a grant application to the State for
extending Snow's Cut Park into this area as part of a regional estuarine access
facility.
-7-

TABLE 1
BOAT ACCESS SITES
1. Presently Existing Major
Publicly Maintained Boat Ramps
Water System
Location
Sponsoring Agency
• a.
Northeast Cape Fear River
Old Bridge Site Road
New Hanover County
in Castle Hayne
Riverside Park
b.
Northeast Cape Fear River
133/117 Bridge in
NC Wildlife Commission
Castle Hayne
c.
Intracoastal Waterway
Snow's Cut
NC Wildlife Commission
d.
Cape Fear River
Snow's Cut
NC State Park
.e.
Cape Fear River
Fort Fisher
NC Wildlife Commission
f.
Wrightsville Sound
Wrightsville Beach
NC Wildlife Commission
g.
Cape Fear River
Nun St., Wilmington
City of Wilmington
h.
Cape Fear River
Castle St., Wilmington
City of Wilmington
2. Boat Ramps Customarily Used by the Public
These ramps are not maintained by any local or state government.
Water System Location
a. Branch of the NE Cape Fear Rd. Holly Shelter Rd.
b. Smith Creek Kerr Avenue
3. Commercial Boat Ramps
Water System Location
a. Pages Creek Mt. Pleasant Drive
b. Myrtle Grove Sound Off of Loder Ave.
4.. Commercial Access Facilities (Wet & Dry Slips)
Water System Location
a. Bradley Creek off Oleander Dr.
b. Wrightsville Sound Airlie Road
C. Wrightsville Sound Airlie Road
d. Wrightsville Sound
e. Masonboro Sound
f. Myrtle Grove,Sound
g. Wrightsville Sound
h. Wrightsville Sound
i. Wrightsville Sound
j. Intracoatal Waterway
k. Intracoastal Waterway
Airlie Road
Trails End
One mile North of
Snow's Cut
Causeway Drive
Wrightsville Beach
1-Marine Street
Wrightsville Beach
Short Street
Wrightsville Beach
St. Joseph Street
Carolina Beach
Spencer Farlow Drive
-8-
Commercial Interest
Mason's Marina
Williams Landing
Commercial Interest
Bradley Creek Marina
Carolina Yacht Sales
Wrightsville Gulf
Terminal
Gulfstream Marina Inc.
Masonboro Boat Yard
Inlet Watch Yacht Club
Seapath Marina
Wrightsville Yacht
Club
Atlantic Marine
Sales & Surface
Skippy Winner Snow's
Cut Marina
Yacht.Haven Marina

TABLE 2
PRIVATELY OWNED ACCESS SITES WITH POTENTIAL FOR COUNTY ACQUISITION
LOCATION
WIDTH OF RIGHT-OF-WAY
SURROUNDING
BACKGROUND
AT SHORELINE
LAND -USES
COMMENTS
1)
Middle Sound/
Map Book
5,
3 rights -of -way
Residential
--Vacant narrow lots
Unnamed
Page 23
60 to 100 feet
between residences off
Bald Eagle Lane
2)
Pages Creek/
Map Book
2,
30'
Residential,
--Undeveloped
Oak Avenue
Page 120
Commercial
3)
Bradley Creek/
Map Book
20,
84'
Residential
--Subdivision common area,
Riptide Drive
Page 14
with CP&L easement
--undeveloped
4)
Greenville Sound/
Tax Map 63
--
Vacant
--Private road terminating
Towles Road
500' from water
--Considerable vacant area
5)
Masonboro Sound/
Map Book
7
25'
Vacant,
--Private road leading to
Holiday Hills Dr.
Page 84
Residential
private boat ramp with
surrounding vacant area
6)
Masonboro Sound/
Map Book
7,
30'
Vacant
--Access blocked by gate
Channel Haven
Pages 53
& 60
Drive North
7)
Masonboro Sound/
Map Book
7,
--
Vacant,
--Narrow private drive
Channel Haven
Pages 53
& 60
Residential
terminating 800' from
Drive South
water
8)
Myrtle Grove
Map Book
13,
--
Vacant
--Road ends 800' from water
Sound/Egret Point
Page 39
--ample vacant land
Road
9)
Cape Fear River/
Tax Map 47
--
Vacant
--Large parcel containing
North of County
highest point in County
Incinerator
and historic site
--Suitable for boat launch
and other facilities

In other areas, however, restrictions may be placed by the controlling
agency on the use of its property. The undeveloped area along the Cape Fear.
River south of Snow's Cut, for instance, is tightly controlled by the U.S.
Department of Defense as part of the Sunny Point Buffer Zone. The Department of
Defense will not allow more than twenty-five persons to congregate in one place
at a time within the Buffer Zone. This restriction severely restricts
development of the area for public water access.
3) Potential Road Dedication Offers which the County May Accept
Since counties may own, maintain and manage land for recreational purposes,.
counties may accept dedication offers of roads running along the waterfront in
order to provide public water access sites. Before accepting a dedication offer,
a title search or "chain of ownership" survey should be conducted to ensure that
the offer to dedicate has been made and has not been withdrawn.
Table 3 provides a list of roads, by water system, in unincorporated New
Hanover County that are potential road dedication offers which the County may
accept in order to provide public water access sites.
The preliminary status evalution for each site in Table 3 will have to be
confirmed by the County Attorney before any acquisition action can be taken. The
preliminary status evaluation is merely an indicator of whether there is a strong
or weak possibility that an offer of dedication of the road has taken place and
that the County may accept that offer. A site with a preliminary site evaluation
of "PUBLIC" has a strong possibility for acceptance; a site with a preliminary
evaluation of "UNCERTAIN" has a weak possibility for acceptance.
The surrounding land -uses generally refer to the two sides of the road. It
is important to note that nearly all of the potential sites have fairly narrow
right-of-way access points and would require acquisition of surrounding land for
parking and improvements, if the access was to be intended to serve more than the
immediate neighborhood.
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TABLE 3
POTENTIAL ROAD DEDICATION OFFERS WHICH
THE COUNTY MAY
ACCEPT FOR PUBLIC
WATER ACCESS
SITE
LOCATION WIDTH
OF RIGHT
PRELIMINARY
BACKGROUND
OF WAY AT
STATUS
SURROUNDING
SHORELINE
EVALUATION
LAND -USES
COMMENTS
1)
Futch Creek/
Map Book 6
25'
Public
Vacant,
--Mile long dirt road
Unnamed Road
Page 458
Mobile Home
--Unmaintained access
Road
--Suitable only for small
boats or canoes
2)
Middle Sound/
Map Book 2
30'
Uncertain
Vacant,
--May be private road
Final Landing Road
Page 113
Residential
3)
Middle Sound/
Map Book
30'
Uncertain
--
--No site visit made because
Buena Vista Dr.
Page 120
of apparent private roads
4)
Pages Creek/
Map Book 4
20'
Public
Vacant,
--Unmaintained roads,
Pine Avenue
Page 28
Residential
narrow access
5)
Pages Creek/
Tax Map 45
60'
Uncertain
Vacant,
--1000' section of road
Dunbar Road
Residential
leading to creek is only
15' wide
6)
Pages Creek/
Tax Map 45-10
30'
Uncertain
Residential
--May make excellent
Denise Drive
neighborhood facility
7)
Wrightsville
Tax Map 57
10,
Uncertain
Commercial
--May be encroachment of
Sound/Aliens Lane
Marina
marina on right-of-way
8)
Bradley Creek/
Map Book 6
30'
Public
Vacant,
--Provides direct and
Old Military Road
Page 8
Marina
useable access to Bradley
residential
Creek
--Requires improvements
9)
Bradley Creek/
Map Book 3, Pg.12
60'
Public
Vacant
--Access limited by old
Circular Drive
Map Book 162
U.S. Highway 76 bridge,
Page 299
utility pole

WIDTH OF
PRELIMINARY
LOCATION
RIGHT OF WAY
STATUS
SURROUNDING
SITE
BACKGROUND
AT SHORELINE
EVALUATION
LAND -USES
COMMENTS
10)
Bradley Creek/
Tax Map 56-19
10,
Uncertain
Resdiential
--narrow, constrained by
Myrtle Avenue
residences
--access limited by U.S.
Highway 76 bridge
11)
Bradley Creek/
Tax Map 56-19
--
Public
Residential
--narrow, constrained by
Dupree Drive
--access limited by U.S.
Highway 76 bridge
12)
Whiskey Creek/
Tax Map 72-04
60'
Public
Residential
--inadequate boat launch;
Granada Avenue
access limited by
Masonboro Loop Road bridge
--Visual access only
13)
Bradley Creek
Map Book 173
30'
Public
Residential,
--unimproved, partially
Purviance Avenue
Page 11
Commercial
blocked by boatyard
Marina
--Could be used for boat
ramp with purchase of
'
additional land
14)
Masonboro Sound/
Map Book 72-00
30'
Public
--
--Located off Seabreeze
Benton Avenue
Boulevard
--exact location uncertain;
may be encroached
--improvements needed
15)
Masonboro Sound/
Map Book 7
29'
Uncertain
Residential
--existing boat ramp
Soundview Drive
Page 42
--may be private
encroachment on public
right-of-way
16)
Masonboro Sound/
Map Book 173,
60'
Uncertain
Restaurant
--Public Use of good boat
Trails End Road
Page 11
residential
ramp on what may be
private road
17)
Myrtle Grove
Tax Maps
60'
Uncertain
Residential,
--Unimproved road
Sound/Old Myrtle
76, 77
Vacant
--Potential for.boat launch
Grove Road

WIDTH OF
LOCATION RIGHT OF WAY
SITE BACKGROUND AT SHORELINE
18) Myrtle Grove Tax Map 76 60'
Sound/Johnson
Landing Road
19)
Myrtle Grove
Book 3,
Sound/Loder Ave.
Page 10
20)
Myrtle Grove
Map Book 18,
Sound/Shannon Dr.
Page 110
21)
Myrtle Grove
Tax Map 79-18
Sound/Windy Hills Dr.
22)
Myrtle Grove
Map Book 9,
Sound/Royal Oak Dr.
w
23)
Myrtle Grove
Map Book 3
Sound/Patalanda
Page 24
Drive
24) Myrtle Grove Tax Map 82-07
Sound/Sunrise Lane
25) Myrtle Grove Map Book 5
Sound/Seaview Road Page 80
26) Myrtle Grove Map Book 4
Sound/Silver Ave. Page 72
27) Myrtle Grove Map Book 4
Sound/Burnett Rd. Page 72
10,
30'
30'
60'
aiL
10,
60'
60'
60'
PRELIMINARY
STATUS
EVALUATION
Uncertain
Public
Uncertain
Uncertain
Public
Uncertain
Uncertain
Public
Uncertain
Public
SURROUNDING
LAND -USES
Residential
Residential,
Vacant
Vacant
Residential
Vacant
Residential
Residential
Residential,
Vacant
Residential
Vacant
COMMENTS
--Presently barricaded
--Potential for boat launch
--Narrow access
--Unmaintained, but has boat
ramp potential
--Presently barricated
--Street ends in boat ramp;
may be private
encroachment on public
right of way
--May be private
encroachment of a pier and
boat ramp on public right
of way
--narrow, unimproved road
--Paved road, limited
parking
--Marsh areas
--paved road,
limited parking
--Improved, well
maintained road
--Room for expansion for
parking; facilities
including boat ramp

WIDTH OF RIGHT PRELIMINARY
LOCATION
OF WAY AT
STATUS
SITE
BACKGROUND
SHORELINE
EVALUATION
28) Myrtle Grove
Map Book 5
60'
Public
Sound/Park Ave.
Page 73
Map Book 563
Page 91
29) Snow's Cut
Tax Map 88
80'
Public
Service Road
30) N.E. Cape Fear Tax Map 5 30' Public
R./Old Bridge Site
31) N.E. Cape Fear Tax Map 11 30' Public
R./Orange Street
32) N.E. Cape Fear R./ Tax Map 6, 11 60' Public
Holly Shelter Rd.
SURROUNDING
LAND -USES COMMENTS
Residential --Unimproved road in
Vacant Seabreeze area
--Potential boat ramp
Vacant,
--Large area of land
County Park
available
--Land owned by Corps of
Engineers, may be leased
by County for extension of
Park
Vacant,
--May provide expansion
County Park
potential for Riverside
Park
Vacant,
--May allow for development
State boat ramp
of park facilities next to
existing State boat ramp
Vacant
--Suitable for small boat
launch facilities into
undeveloped river
tributary
33) Saunders Mill Tax Map 10 60' Uncertain -- --Gate across road
Creek/Marathon Ave. prevented field check.
34) Smith Creek/ Tax Map 42 30' Uncertain Vacant --Existing small boat ramp
Kerr Avenue