1993 Land Use Plan-1994

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' The preparation of this document was financed in part through a gnat provided by the North Carolina
Coastal Management Program, through funds provided by the Coastal Zone Management Act of 19T2,"
as amended, which is administered by the Office of Ocean and Coastal Resource Management, National
'' Oceanic and Atmospheric Admiaistntion

Prepared by:
TOWN OF ATLANTIC BEACH, NORTH CAROLINA
1993 LAND USE PLAN
ATLANTIC BEACH PLANNING BOARD
Joseph Tarascio, Chairman
Curtis Pearson
Donald Clements
James Piner
Bobbi Gordon
Floyd Rains
Julie Hosley
John Collison
Paul Warren
Bruce C. Payne, AICP
Town Planner
HOLLAND CONSULTING PLANNERS, INC.
T. Dale Holland, AICP
Planner -in -Charge
ATLANTIC BEACH BOARD OF COMMISSIONERS
Rodman Lancaster, Mayor
Janice Bynum, Mayor Pro Tem
H. Ray Barts T. B. Doe, HI
Lacy Henry Gene Hollowell
Don E. Holycross, Town Manager

1 ATLANTIC BEACH, NORTH CAROLINA
1993 LAND USE PLAN
TABLE OF CONTENTS
Page
Number
SECTION I: ANALYSIS OF EXISTING CONDITIONS
A.
ESTABLISHMENT OF INFORMATION BASE
I-1
B.
POPULATION AND HOUSING
I-9
1. Population
I-9
a) Permanent Population Growth, 1970-1990
I-9
b) Seasonal Population
c) Composition and Age
I-9
I-15
2. Housing Characteristics
I-16
3. Population and Housing Summary
I-21
C.
ECONOMY
1-22
rD.
EXISTING LAND USE
I-25
1. Introduction I-25
2. Land Use Categories I-25
3. Residential Land Uses I-30
4. Commercial Land Uses I-32
5. Public/Institutional Land Uses I-33
6. Transportation and Utilities I-35
7. Other Land Uses I-35
8. Land Use Summary I-35
9. Development/Redevelopment Potential I-36
10. Existing Ordinances and Land Use Controls I-38
11. Effectiveness of the 1988 Land Use Plan and Policies I-43
E. DEVELOPMENT CONSTRAINTS: PUBLIC FACILITIES
1-44
1. Water Supply
1-44
2. Sewage Disposal
1-46
3. Drainage
1-48
4. Solid Waste Disposal
1-48
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5. Schools
I-49
6. Transportation
I-50
7. Police
8. Fire/Emergency Services
I-50
I-52
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9. Recreation
I-52
10. Electrical Distribution
I-53
11. Cable Television
I-53
12. Administration
I-53
F.
DEVELOPMENT CONSTRAINTS: LAND SUITABILITY
I-55
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1. Topography/Geology
I-55
2. Flood Hazard Areas
1-57
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3. Soils
I-61
4. Man-made Hazards/Restrictions
I-61
5. Fragile Areas
I-61
,
a) Coastal Wetlands
I-65
b) Estuarine Waters
I-65
c) Estuarine Shorelines
I-65
d) Public Trust Areas
1-65
e) Ocean Hazard Areas
1-66
f) 404 Wetlands
I-68
g) Maritime Forests
I-68
h) Slopes in Excess of 12%
I-71
i) Excessive Erosion Areas
I-71
j) Historic and Archaeological Sites
I-71
k) Other Fragile Areas
I-72
6. Areas of Resource Potential
I-72
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a) Public Parks
I-72
b) Marine Resources
1-72
c) Agricultural and Forestlands
1-72
SECTION
II: PROJECTED LAND DEVELOPMENT ANALYSIS
A.
PROJECTED LAND DEVELOPMENT ANALYSIS
1. Demographic Trends
II-1
2. Commercial Land Use
II-5
3. Industrial Land Use
II-6
4. Housing Trends
II-6
5. Transportation
II-7
6. Public Land Use
II-7
7. Areas Likely to Experience Major Land Use Changes
II-8
8. Summary
II-8
,
B.
PROJECTED PUBLIC FACILITIES NEEDS/AVAILABILITY
II-9
C.
REDEVELOPMENT ISSUES
II-10
,
D.
INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION
II-10
SECTION III: LAND CLASSIFICATION SYSTEM
III-1
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SECTION IV: POLICY STATEMENTS
A.
INTRODUCTION TO POLICY STATEMENTS
IV-1
B.
RESOURCE PROTECTION POLICY STATEMENTS
IV-2
C.
MISCELLANEOUS RESOURCE PROTECTION
IV-5
D.
RESOURCE PRODUCTION AND MANAGEMENT POLICIES
IV-8
E.
ECONOMIC AND COMMUNITY DEVELOPMENT
POLICY STATEMENTS
IV-11
F.
CONTINUING PUBLIC PARTICIPATION POLICIES
IV-15
POST -DISASTER RECONSTRUCTION PLAN AND POLICIES
A.
INTRODUCTION
IV-16
B.
STORM MITIGATION, EVACUATION, AND POST -DISASTER
RECOVERY PLANS
IV-20
C.
ORGANIZATION OF LOCAL DAMAGE ASSESSMENT TEAM
IV-26
D.
DAMAGE ASSESSMENT PROCEDURES AND REQUIREMENTS
IV-27
E.
ORGANIZATION OF RECOVERY OPERATION
IV-29
F.
RECOMMENDED RECONSTRUCTION POLICIES
IV-33
SECTION V: RELATIONSHIP OF POLICIES AND LAND CLASSIFICATION V-1
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LIST OF TABLES I
Table 1: Town of Atlantic Beach, Total Year -Round Population Growth by I-10 1
Township and Municipality, Carteret County, 1960-1990
Table 2:
Town of Atlantic Beach, Peak Seasonal Population and Percent
I-13
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Increase by Township and Municipality
Table 3:
Town of Atlantic Beach, Total Peak Population and Percent
I-14
Change by Township and Municipality, Carteret County, 1970-
1990
Table 4:
Town of Atlantic Beach, Residence in 1985 - State & County
I-15
Level (Persons 5 Years and Over)
Table 5:
Town of Atlantic Beach, Population: Age, Race, Sex
I-15
Table 6:
Town of Atlantic Beach, Condominium Status by Vacancy Status -
I-16
1990
Table 7:
Town of Atlantic Beach, Occupied Dwelling Units by Bedroom,
I-17
Count and Tenure - 1990
Table 8:
Town of Atlantic Beach, Year Structure Built by Tenure - 1990
I-17
Table 9:
Town of Atlantic Beach, Employment by Industry, 16 Years and
Older - 1990
I-22
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Table 10:
Town of Atlantic Beach, Poverty Status in 1989 by Sex and Age -
I-23
Atlantic Beach, North Carolina, and Carteret County
Table 11:
Town of Atlantic Beach, Travel Time to Work, Workers 16 Years
I-24
and Over - 1990
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Table 12:
Town of Atlantic Beach, 1985/1992 Land Use
I-30
Table 13:
Schools Serving Atlantic Beach - 1992
I-49
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Table 14:
Atlantic Beach - Soil Susceptibility to Flooding
I-62
Table 15:
Atlantic Beach - Soil Associations, Degree and Kind of
I-63
Limitations for Stated Use
Table 16:
Maritime Forest Area - Definition, Function and Management
I-70
Table 17:
Total Year -Round Population Projections by Township and
II-2
Municipality - Carteret County, 1990-2000
Table 18:
Total Peak Population by Township and Municipality - Carteret
II-3
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County, 1990-2000
Table 19:
Peak Seasonal Population Projections by Township and
II-4
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Municipality - Carteret County, 1990-2000
Table 20:
Hurricane Forces Associated with Town Environments
IV-21
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LIST OF MAPS
Map 1:
Existing Land Use
I-27/29
Map 2:
Town Controlled Parcels
I-34
Atlantic Beach - The Circle
Map 3:
Public Facilities
I-45
Map 4:
Proposed Location of Third Bridge
I-51
Map 5:
Soils Map
I-56
Map 6:
Flood Hazard Map
I-58
Map 7:
General Delineation - Flood Hazard Areas
I-59
Map 8:
Areas of Environmental Concern and Other Fragile Areas
I-64
Map 9:
Land Classification Map
III-4/5
GRAPHS/DIAGRAMS
Graph 1:
Percentage Increase From Previous Census
I-11
Permanent Population - 1960 to 1990
Graph 2:
Linear Increase in Population - 1960 to 1990
I-12
Graph 3:
Annual Permitted Dwelling Units
I-18
Graph 4:
Atlantic Beach Dwelling Units
I-20
Diagram 1:
Potable Water Usage 1987-1992
I-47
APPENDICES
Appendix I: Methodology Used for Estimating Carteret County Seasonal Population by
Townships
Appendix II: 15A NCAC 7H Minimum Use Standards
Appendix III: Policies Considered But Not Adopted
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ATLANTIC BEACH, NORTH CAROLINA
1993 LAND USE PLAN
ADDENDUM, 1996
TABLE OF CONTENTS
Page
Number
Explanation of the 1996 Land Use Plan Addendum ........................... I-1
SECTION I: ANALYSIS OF EXISTING CONDITIONS
A. ESTABLISHMENT OF INFORMATION BASE ..................... I-3
B. POPULATION AND HOUSING..................................I-3
1. Population ................................. ...........I-3
a) Permanent Population Growth, 1970-1994 ..................... 1-3
b) Seasonal Population .................................... I-5
2. Housing Characteristics ...................................... I-5
3. Population and Housing Summary .............................. I-6
D. EXISTING LAND USE ................................. .....I-8
3. Residential Land Uses ....................................... I-8
4. Commercial Land Uses ...................................... I-9
6. Transportation and Utilities ................................... I-9
7. Other Land Uses ......................................... I-10
8. Land Use Summary ....................................... 1-10
E. DEVELOPMENT CONSTRAINTS: PUBLIC FACILITIES .............. I-10
1. Water Supply .......................................... I-10
2. Sewage Disposal ....................................... I-12
5. Schools ............... ......... .................I-13
6. Transportation ......................................... I-16
7. Police .................. I-17
8. Fire/Emergency Services .................................. I-17
11. Cable Television ....................................... I-18
12. Administration ......................................... I-18
F. DEVELOPMENT CONSTRAINTS: LAND SUITABILITY .............. I-19
7. Basinwide Water Quality Management ......................... 1-19
b) Marine Resources .................................. I-22
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SECTION II: PROJECTED LAND DEVELOPMENT ANALYSIS
A. PROJECTED LAND DEVELOPMENT ANALYSIS ....................
II-1
1. Demographic Trends .....................................
II-1
3. Housing Trends ........................................
II-3
B. PROJECTED PUBLIC FACILITIES NEEDS/AVAILABILITY ............
II-4
D. INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION ....
II-4
SECTION IV: POLICY STATEMENTS
A. INTRODUCTION TO POLICY STATEMENTS .....................
IV-1
VISION STATEMENT .......................................
IV-2
B. RESOURCE PROTECTION POLICY STATEMENTS .................
IV-2
C. MISCELLANEOUS RESOURCE PROTECTION POLICIES .............
D. RESOURCE PRODUCTION AND MANAGEMENT POLICIES ..........
IV-3
IV-4
E. ECONOMIC AND COMMUNITY DEVELOPMENT ..................
IV-4
F. CONTINUING PUBLIC PARTICIPATION POLICIES .................
IV-5
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LIST OF TABLES
Table 1: Town of Atlantic Beach and Carteret County, NC
Summary of Year -Round Population Growth by Township and
Municipality, 1970-1994 ..............................
1-4
,
Table 2: Town of Atlantic Beach Permanent, Seasonal, and Total Peak
Population, 1970-1995 ...............................
I-5
Table 3: Town of Atlantic Beach 1992/1996 Approximate Land Use Acreage
I-8
Table 4: Town of Atlantic Beach Monthly Water Usage - January -August,
I-11
,
1994............................................
Table 5: Enrollment in Carteret County Schools, 1989-1995 ............
1-14
Table 6: Carteret County Watershed Report, Watershed 03020106030082 ...
I-21
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Table 7: Town of Atlantic Beach and Carteret County, NC
Summary of Year -Round Population Growth by Township and
'
Municipality, 1990-2005 ..............................
II-2
Table 8: Town of Atlantic Beach Total Peak Population ...............
II-3
GRAPHS/DIAGRAMS
Graph 1: Annual Permitted Dwelling Units ...........................
I-7
,
LIST OF MAPS
Map 1: Existing Land Use
Map 3: Public Facilities
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' SECTION I. ANALYSIS OF EXISTING CONDITIONS
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SECTION I: ANALYSIS OF EXISTING CONDITIONS
A. ESTABLISHMENT OF INFORMATION BASE
This 1993 Land Use Plan Update for the Town of Atlantic Beach is prepared in accordance
with requirements of the North Carolina Coastal Area Management Act (CAMA). Specifically,
this document complies with Subchapter 713, "Land Use Planning Guidelines," of the North
Carolina Administrative Code, as amended, November 1, 1989.
The land use plan serves to guide the development of Atlantic Beach by addressing issues and
adopting policies that pertain to the town. Specifically, the land use plan provides the
following:
1) an analysis of existing conditions;
2) a projected land development analysis;
3) a summary of public interests and participation;
4) a land classification system;
5) a detailed section on policy statements;
6) an analysis of the carrying capacity of public facilities with a demand/supply
analysis;
7) an analysis of the issues confronting redevelopment of the 'circle" area;
8) a summary of 404 wetland areas and issues;
9) an analysis of maritime forest issues;
10) a discussion of the preservation of dune areas; and
11) an explanation of the relationship of the policies to the land classification.
This plan update contains a summary of data collection and analysis, an existing land use map,
a policy discussion, and a land classification map. It should be noted that the policy section
of the plan is the most important part of the document. State and federal agencies will use the
local land use policies in making project consistency, funding, and permit decisions. The 7B
guidelines require that the following issues be addressed in the plan:
1) Resource Protection
2) Resource Production and Management
3) Economic and Community Development
4) Continuing Public Participation
5) Storm Hazard Mitigation, Post -Disaster Recovery and Evacuation Plans.
The 1988 Atlantic Beach plan included policy statements which addressed these five policy
areas. The following provides a summary of the 1988 policies. It is emphasized that this is
only a summary and not the complete 1988 policies section.
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Summary of Policy Statements, 1988 Land Use Plan ,
RESOURCE PROTECTTON
A. Estuarine System
I. Coastal Wetlands
The Town realizes the importance of coastal wetlands to the life cycle of plants and
animals, including sport and commercial fisheries. The Town supports State policies ,
for the wetlands as stated in Federal and State legislation and as embodied in the
regulations for coastal wetland Areas of Environmental Concern. The Town will
enact local measures designed to complement State's actions while preserving these '
areas from future development which may irreparably damage this resource.
2. Estuarine Waters
In recognition of the importance of estuarine waters for fisheries and related industries
as well as aesthetics, recreation, and education, Atlantic Beach shall promote the
conservation and quality of this resource in accordance with AEC regulations.
Appropriate uses may include simple access channels, structures which prevent
erosion, navigation channels, boat docks, piers, and mooring pilings. ,
Atlantic Beach supports and is actively pursuing the construction of a wastewater
collection and treatment system in accordance with the bond referendum passed in
March, 1985. '
3. Public Trust Areas
Support State AEC regulations for public trust areas. Atlantic Beach shall protect ,
those established rights of the public in these areas by promoting their conservation
and management. '
In the absence of overriding public benefit, any land use which significantly interferes
with the public right of navigation or other public trust rights which apply in the area
shall not be allowed. Projects which would directly 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 shall, in general, not be allowed. '
Uses that may be allowed in public trust areas shall not be detrimental to the public
trust rights and the biological and physical functions of the estuary. Examples of
such uses include the development of navigational channels or drainage ditches, the ,
use of bulkheads to prevent erosion, and the building of piers or docks.
4. Estuarine Shoreline ,
See policy II.A, Septic Tank Suitability/Soils. In addition, the Town has adopted an
ordinance governing bulkheading along the estuarine shoreline and the zoning ,
ordinance limits lot coverage to 40%, thus 60% of residential lots remain open.
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C.
Ocean Hazard Areas
1. Ocean Erodible Areas
The Town finds that the frontal and secondary dunes are important to the Town; they
protect development from storm damage and wind erosion; they are aesthetically
pleasing; and are attractive to future development. It is Town policy to protect the
secondary dune and other components of the dune system while allowing
development of these areas. The Town will encourage future developers to use
planned unit development in these areas. This type development should be designed
to shift the heaviest portion of development to areas that are less fragile or sensitive,
hence conserving those areas that are more fragile. At the same time, site
development can ultimately contain the same or sometimes more units than are
allowed under conventional districts of the zoning ordinance. It is Town policy to
require large lot sizes in these areas and to limit the amount of cut and fill and the
clearing of vegetation.
2. Hieh Hazard Flood Areas
The Town supports the regulation by the Coastal Resources Commission of
development in the Ocean Hazard Area of Environmental Concern. On the other
hand, the Town supports and encourages the maintenance of the bulkhead which
already exists and was constructed to protect development from storm damage and
erosion. The Town is aware that construction of the bulkhead would require a
Coastal Area Management Act (CAMA) permit for development in an AEC. The
Town points out that Atlantic Beach is one of the few bulkheaded beaches in North
Carolina, that it has received in the past and is expected to continue to receive in the
future substantial deposits of dredge material from U.S. Army Corps operations to
maintain the channel for navigation to Morehead City. The Town believes that
projects to deposit spoil on the beaches are beneficial to all persons involved, insuring
the Town a beach and a stabilized shoreline, and with that, the public's right to use
the beach. The Town does not intend to budget or spend public tax monies to
maintain or extend the bulkhead as the expense is great and the benefits to the entire
Town very limited. The Town will support AEC regulations from the AEC.
Historic, Cultural and Archaeological Resources
The Town will require that the Department of Archives and History be notified prior to the
Town undertaking any development which might affect items of archaeological significance.
D. Vegetation/Maritime Forest
The maritime forest is an important natural resource to the Town. The maritime forest and
shrub thicket maintain the stability of the land in the face of wind and water erosion. The
forest and shrub thicket are important to the attractiveness of the Town and the island. It is
Town policy to protect as much of this resource as possible while allowing for a moderate
amount of development which would not be destructive to the uniqueness of this resource.
The Town will encourage future developers to use planned unit development in and around
these Maritime Forest areas. It is the goal of this policy to shift development from wooded
areas to the periphery or cleared areas without interfering with developers' expectations
concerning the number of dwelling units or commercial structure or the amount of commercial
building space they will realize from a tract or parcel. It is Town policy to require large lot
sizes in these areas and to limit the amount of clearing of vegetation to only so much as is
necessary to site a home and provide access. Further, it is the Town's policy that the overall
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benefits resulting from public improvement projects of town -wide significance may outweigh ,
the desire to preserve as much maritime forest as possible. For example, the clearing of
maritime forest to construct a wastewater treatment plant designed to serve the entire town ,
would be justified because of the overriding benefits that would accrue to the public at large.
E. Storm Water Runoff
The Town will encourage the use of "best management practices" to minimize the rapid release
of pollutants to coastal waters through storm water runoff. Examples of these practices include
using pervious or semi -pervious materials, such as turf stone or gravel for driveways and ,
walks; retaining natural vegetation along marsh and waterfront areas to retain its natural
filtering properties; and allowing storm water to percolate into the ground, rather than
discharging it directly to coastal waters. The Town will be consistent with state regulations '
in exercising its local permitting authority.
F. Marina Development
The Town of Atlantic Beach supports the development of additional commercial marinas
within its jurisdiction in accordance with the conditions and restrictions of local ordinances
including the construction of marina facilities designed and operated for the residents of a
private residential development.
G. Floating Home Development
'
The Town of Atlantic Beach does not support floating home development of any type. This
policy will be implemented through revisions to the zoning ordinance.
Islands
'
H. Development of Sound and Estuarine
The Town's policy is that sound and estuarine islands should not be developed and therefore
are classified as Conservation by the Land Classification Map, except Money Island, which
,
is zoned RA-1.
I. Water Supply Protection
,
The Town's water supply is derived from three wells which draw from a deep aquifer. The
aquifer is recharged on the mainland. Therefore, little or no danger of pollution of the water
,
supply from island (Bogue Banks) development exists. The Town supports state and federal
groundwater research, monitoring and management programs.
PHYSICAL CONSTRAINTS TO DEVELOPMENT
'
A. Septic Tank Suitability/Soils
It is Town policy that soils are a limitation to development under the following situations: (1)
if the lot to be developed is within 150 feet of estuarine waters; (2) if the soils on the lot as
mapped by the Soil Conservation Service are rated as severe or very severe for septic systems
use; or (3) if the waste treatment system to be used in connection with the development is to
,
be a septic system or ground disposal system.
The Town supports a public sewer system for the entire Town; however, until such a system
'
is constructed, the Town intends to limit development and protect the estuarine resources of
the Town through limitations on development in the estuarine shoreline area. It is Town
policy to require large lot sizes for future development, to require maximum practical distance
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between septic systems and estuarine waters, and to limit the clearing of vegetation. The
Town supports the current policies of the Coastal Resources Commission as regards
development in this Area of Environmental Concern (AEC). The Town supports the
enforcement of County Health regulations.
B. Flood Hazard Areas
The Town supports programs designed to foster development and building practices that will
minimize flood damage from storms and erosion. The Town supports the Federal Flood
Insurance Program.
C. Package Sewage Treatment Plants
It is the policy of Atlantic Beach that package treatment plants not be utilized for wastewater
treatment within its jurisdiction and that existing plants meet requirements of the Town's
Public Works manual. Additionally, it is the Town's policy that existing package treatment
plants continue to operate but must be tied into the municipal sewage treatment system upon
its completion.
RESOURCE PRODUCTION AND MANAGEMENT
A. Forest Lands
The commercial harvesting of the maritime forest, shrub thicket, or any other wooded area in
the Town's planning jurisdiction is an inappropriate use.
B. Mineral Production Areas
The mining of the secondary dunes system, or any other dunes or land within the Town's
planning jurisdiction is considered an inappropriate use.
C. Fisheries
The Town will not place additional limitations or restrictions upon commercial or recreational
fishing beyond that which is currently in effect. County enforcement of the ORV ordinance
is deemed sufficient to handle problems of conflicts in use.
D. Off -Road Vehicles
The beach is closed to vehicular traffic from May 31 to Labor Day each year. From Labor
Day to May 31, the beach is open only to vehicles used for fishing purposes. The Town
supports County enforcement of the ORV ordinance and favors additional access and ORV
ramps. It has no intention of enacting additional regulations.
ECONOMIC AND COMMUNITY DEVELOPMENT
A. Industrial Development
The Town does not consider industrial development to be an appropriate use within the Town.
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B. Residential Development, Redevelopment and Mobile Homes ,
It is Town policy to promote, foster and encourage the redevelopment of old, poorly designed ,
and underutilized areas. Redevelopment is preferred and deemed more important than
development of currently undeveloped areas. The Town specifically desires redevelopment
of the following areas: (1) the mobile home park at the west end of Old Causeway Road,
currently known as Pelican Park; (2) the mobile home development, consisting of several ,
blocks, between Fort Macon Road and W. Davis Street; (3) the mobile home park adjacent to
the Oceana Motel; (4) residential areas bordering on subdivisions which do not complement
each other, i.e., street systems which do not adequately connect; (5) residential and commercial '
area on the circle; (6) commercial and residential areas on Henderson Blvd.
It is Town policy to carefully regulate the use of mobile homes within the Town, especially
in the flood hazard zones. However, it is also Town policy to recognize an area or number
'
of areas where mobile home use would be appropriate, subject to restrictions which would
insure some quality and safety of development.
Preferred redevelopment uses include townhouses, apartment buildings and commercial
housing (motels); with appropriate beach access as part of redevelopment plans. Planned unit
development is the preferred method of redevelopment.
It is Town policy to take an active supervisory role in all future redevelopment projects. All
projects are required to consider the Town's environmental policies and to address the Town's
other public needs, especially its needs for a sound street system and for public access to the
,
beaches.
In addressing future rezoning applications for commercial housing, townhouse or multi -family ,
housing, the Town will consider, among other factors, the following: (1) a preference to have
commercial and other intense land use that generate a substantial amount of traffic and other
off -site impacts develop as self-contained areas having minimal ingress and egress to main ,
traffic routes; (2) a preference to have the uses described above locate with entrances and exits
along streets and roads that are perpendicular to the nearest main traffic route; (3) a preference
to redevelop areas in poor condition. ,
Many areas not identified above for redevelopment are in poor condition with poor road
design, lack of vegetation, dilapidated housing, mixed uses, etc. The Town will begin a
program of strict enforcement of the minimum code as a means to improve the quality of '
existing development.
C. Urban Growth Patterns Desired
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The Town's policy is to direct growth and development to those areas which have or can
readily be provided with the public services and infrastructure necessary to support such
development.
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D. Local Commitment to Providing Services to Development
The Town currently provides the following services:
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Fire Protection
Police Protection
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Water
Garbage Pick-up
Public Works Maintenance of Streets and other public areas and facilities
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It is the Town's policy and commitment that these services will be provided to existing and
future development. Annexation will be contingent upon the availability and capacity of the
' above services and facilities.
E. Commitment to State and Federal Programs
' The Town supports increased or continued federal and state governmental funding for the
following programs: water and sewer planning and construction, tourism, flood insurance,
economic redevelopment, channel maintenance, navigation, beach nourishment, environmental
' protection, land use planning and community facilities such as roads, bridges and recreation.
The Town desires spending in other programs be reduced to attain a balanced budget.
' F. Assistance to Channel Maintenance and Beach Nourishment
This policy is for application in consistency review and for consideration by other agencies
in setting plans and policies. The Town encourages private participation in the vegetation of
the recent beach nourishment. The Town favors the return of the Corps of Engineers within
the next ten (10) years for another beach nourishment project. The Town further states its
desire that the Corps of Engineers maintain all navigation channels coming into Atlantic Beach
proper.
' G. Energy Facilities Siting and Development
The Town considers this use inappropriate in light of the nature of the community. However,
it might be receptive to allowing the use under certain conditions where it was an integral part
' of an approved redevelopment plan.
H. Tourism
' The Town's development priorities and goals of environmental and resource protection clearly
state its strong desire to encourage and promote tourism. This policy is implemented through
' the network of other policies and implementation techniques.
I. Beach Access
' The Town will rely on its redevelopment plan to provide significant beach access in several
areas of the Town. The Town has also developed a beach access plan with the assistance of
the State and will implement this plan.
' J. Intergovernmental Coordination
The Town has sought to achieve intergovernmental coordination through the exchange of
information and various draft components developed during the preparation of this Plan.
Copies of the draft of the land use plan were reviewed by the Planning Board, Building
Inspector, and Town Administrator for consistency with other plans. A draft of the land use
' plan was also circulated for State and Federal review by the State Department of Natural
Resources and Community Development.
1
I-7

Listed below are some of the sources and documents utilized during preparation of this Land
Use Plan:
-- Carteret County 1991 Land Use Plan Update
-- Town of Atlantic Beach 1987 Land Use Plan Update
-- USDA, Soil Conservation Service, Carteret County
-- NCDOT, Planning and Policies Section
-- Town of Atlantic Beach Staff
-- Carteret County Schools
-- North Carolina Division of Archives and History
-- Flood Insurance Study, Town of Atlantic Beach
-- Town of Atlantic Beach Zoning Ordinance
-- N.C. State Data Center, Office of State Planning
Town of Atlantic Beach Subdivision Ordinance
-- Environmental Impact Statement, Carteret County
-- An Assessment of Maritime Forest Resources on the North Carolina Coast,
November 1988
-- North Carolina Division of Community Assistance
-- North Carolina Division of Coastal Management
-- North Carolina Department of Economic and Community Development
-- Town of Atlantic Beach Storm Hazard Mitigation Plan and Post Disaster
Reconstruction Plan, 1984
-- Carteret County Thoroughfare Plan
These sources were supplemented by "windshield" surveys conducted in November, 1992, to
obtain data on existing land use patterns and housing conditions.
11
I
I-8

B. POPULATION AND HOUSING
' 1. Population
a) Permanent Population Growth, 1970-1990
Atlantic Beach is located in Carteret County on the eastern end of Bogue Banks. The
town is situated in one of the fastest growing areas of the state. Since 1970, Carteret
' County has had tremendous growth. Only Dare, Brunswick, Wake and Currituck
Counties have surpassed Carteret County in growth since 1970. Table 1 provides the
total year-round population growth for Atlantic Beach and Carteret County from 1960
to 1990. Most of this growth is attributed to the County's growing attraction as a
retirement and recreation center coupled with a national trend of migration to non -
metropolitan areas.
Since 1960 Atlantic Beach has ranked second to Emerald Isle in population growth for
Carteret County municipalities. During the 30 year period, 1960 to 1990, the overall
total year-round population increased by 2476.3%. The town's growth from 1960 to
1990 was well ahead of the average of 109.4% for all Carteret County municipalities.
Atlantic Beach's growth slowed somewhat during the 80's. In the 1960's and 1970's
the rate of total year-round population growth had been 294.7% and 213.7%,
' respectively. From 1980 to 1990 the rate of increase declined to 108.1%. This decline
is believed to be the result of a decreasing inventory of new/additional housing
available for purchase by year-round occupants. The town's attractiveness as a year-
round place of residence does not appear to be decreasing (see Graphs 1 and 2).
b) Seasonal Population
' Atlantic Beach has a significant seasonal population. In fact, in 1990 the peak seasonal
population was 20,755, which was 11.60 times the permanent year-round population.
' Tables 2 and 3 define the town's peak seasonal population and relationship to the
permanent population. The town's peak seasonal population was the largest of any
municipality within Carteret County. Emerald Isle's peak seasonal population of 16,642
was the next largest seasonal municipal population. The peak seasonal population has
not grown as rapidly during the last 20 years as has the permanent year-round
' population. From 1970 to 1990 the permanent year-round population increased by
552.7% while the peak seasonal population increased by 293.0%.
Day visitation significantly increases Atlantic Beach's population during the tourist or
summer season. The town estimated a total population of 30,000 persons on July 4,
1992. Based on the overnight peak population shown in Table 3, total day visitor
' population would have been approximately 7,307 people. The Planning Department's
day visitor population estimate was based on water use records and observations of
vehicle traffic.
M69

Table 1
Town of Atlantic Beach
Total Year -Round Population Growth by Township and Municipality
Carteret County, 1960-1990
Township
Municipality or Area
Year -Round Population
Percentage Change
1960
1970
1980
1990
'60-70
'70-80
'80-90
Overall
1)Atlantic
Total
902
814
810
805
-9.8%
-0.5%
-0.6%
-10.7%
2) Beaufort
Beaufort
2,922
3,368
3,826
3.808
15.3%
13.6%
-0.5%
30.3%
Unincorporated Areas
3,324
2,779
3.166
4,205
-16.4%
13.9%
32.8%
26.5%
Total Township
6.246
6,147
6.992
8,013
-1.6%
- 13.7%
14.6%
28.3%
3) Cedar Island
Total Township
255
290
333
385
13.7%
14.8%
15.6%
51.0%
4) Davis
Total Township
446
456
492
535
2.2%
7.9%
8.8%
20.1%
5) Harken Island
Total Township
1.362
1,639
1,910
2,237
20.3%
16.5%
17.1%
64.3%
6) Harlowe
Total Township
629
762
956
1,190
21.1%
25.5%
24.5%
89.2%
7) Marshallberg
Total Township
- 416
525
580
646
26.2%
10.5%
11.5%
55.4%
8) Mammon
Total Township
344
330
426
542
-4.1%
- 29.1%
27.2%
57.5%
9) Morehead City
Atlantic Beach
76
300
941
1,958
294.7%
213.7%
108.1%
2476.3%
Indian Beach
0
0
54
153
-
-
183.3%
-
,..i
Morehead City
5,583
5,233
4,359
6,046
-6.3%
-16.7%
38.7%
8.3%
:.
Pine Knoll Shores
0
- 0
646
1,360 -
-
-
110.5%
-
Unincorporated Areas
4,395
6,396
9,803
10.985
45.5%
_ 53.3%
12.1%
149.9%
Total Township
10,054
11,929
15,803
20,482
18.6%
32.5%
29.6%
103.7%
10) Newport
Newport
861
- 1,735
1,883
2,516
101.5%
8.5%
33.6%
192.2%
Unincorporated Areas
1,783
2,191
3,586
4,817
22.9%
63.7%
34.3%
170.1%
Total Township
2.644
3.926
5,469
7.333
48.5%
39.3%
34.1%
177.3%
11) Portsmouth
Total Township
8
2
0
0
-75.0%
-
-
-
12) Sea Level
Total Township
389
347
540
773
-10.8%
55.6%
43.2%
98.7%
13) Smyrna
Total Township
597
517
637
782
-13.4%
23.2%
22.8%
31.0%
14) Stacy
Total Township
291
257
322
401
-11.7%
25.3%
24.4%
37.6%
15) Straits
Total Township
1,070
1,166
1,520
1,948
9.0%
30.4%
28.1%
82.0%
16) White Oak
Cape Carteret
52
616
944
1,008
1084.6%
53.2%
6.8%
1838.5%
Emerald Isle
14
122
865
2,434
771.4%
609.0%
181.4%
17285.7%
Cedar Point
0
0
0
628
-
-
-
-
Unincorporated Areas
1,719
1,758
2,493
2,413
2.3%
41.8%
-3.2%
40.4%
Total Township
1,785
2.496
4,302
6,843
39.8%
72.4%
50.7%
263.2%
Total Municipalities
9,508
11,374
13,518
19.911
19.6%
18.9%
47.3%
109.4%
Total Unincorporated Areas
17,930
20.229
27,574
32.662
12.8%
36.3%
18.5%
82.2%
Total County
27.438
31,603
41,092
52,573
15.2%
30.0%
27.9%
91.6%
Sources: North Carolina State Data Center, Office of State Planning; 1990 Census; Holland Consulting Planners, Inc,

M M= M M= M W M M M IM M M M W r M IM
350%
300%
250%
200%
150%
100%
50%
0%
GRAPH 1
Percentage Increase From Previous Census
Permanent Population - 1960 to 1990
Percentage Growth increase
1960 1970 1980 1990
Year
Note: 1950 resident population was
49 persons (U.S. Census)

2500
2000
N 1500
1000
MC
C
GRAPH 2
Linear Increase in Population
1960 to 1990
Number of Residents
1960 1970 1980 1990
Year

M = = = M M
Table 2
Town of Atlantic Beach
Peak Seasonal Population and Percent Increase by Township and Municipality
Carteret County, 1960-1990
Township Municipality or Area Peak Seasonal Population Percent Chanee
1970
1980
1990
'70'70=80
180=90
Overall '70-90
1) Atlantic
Total
179
412
713
1302%
73.2%
298.6%
2) Beaufort
Beaufort
843
1,704
2,700
102.1%
58.4%
220.2%
Unincorporated Areas
559
664
920
19.8%
38.5%
64.5%
Total Township
1,402
2,368
3,619
68.9%
52.8%
1582%
3) Cedar Island
Total Township
71
131
208
84.5%
58.9%
1932%
4) Davis
Total Township
115
249
422
116.5%
69.4%
266.8%
5) Harkers Island
Total Township
767
1,555
2,576
102.7%
65.7%
235.9%
6) Harlowe
Total Township
170
356
597
109.4%
67.8%
251A%
7) Marshallbcrg
Total Township
137
263
426
92.0%
61.9%
210.8%
8) Merrimon
Total Township
67
133
219
98.5%
64A%
226.4%
9) Morehead City
Atlantic Beach
5,475
13,017
20,755
137.8%
59.4%
279.1%
Indian Beach
0
4,470
9,057
-
102.6%
-
..
Morehead City
1,384
2,109
3,755
52.4%
78.0%
171.3%
w
Pine Knoll Shores
0
3,227
6,540
-
102.7%
-
Unincorporated Areas
3,540
1,109
1,358
-68.7%
22.4%
-61.7%
Total Township
10,399
23,932
41,465
130.1%
73.3%
298.7%
10) Newport
Newport
352
503
1,289
42.9%
156.2%
266.1%
Unincorporated Areas
445
1,483
2,237
233.3%
50.9%
402.8%
Total Township
797
1,986
3,526
149.2%
77.5%
342A%
11) Sea Level
Total Township
74
87
104
17.6%
19.7%
40.7%
12) Smyrna
Total Township
113
207
328
83.2%
58.7%
190.6%
13) Stacy
Total Township
52
66
85
26.9%
28.1%
62.6%
14) Straits
Total Township
248
328
432
32.3%
31.8%
74.3%
15) White Oak
Cape Carteret
346
960
3,246
177.5%
238.1%
838.1%
V]
Emerald Isle
975
8,628
15,495
784.9%
79.6%
14892%
Uincorporated Areas
408
1,279
3,966
213.5%
210.1%
872.1%
Total Township
1,729
10,867
22,707
528.5%
109.0%
1213.3%
Total Municipalities
9,375
34,618
62,719
269.3%
81.2%
569.0%
Total Unincorporated Areas
6,945
8,322
14,709
19.8%
76.7%
111.8%
Total County
16,320
42,940
77,429
163.1%
80.3%
374.4%
Sources: Tschetter, Paul D., "Characterization
of Baseline Demographic Trends in the
Year -Round and Recreational Populations in the
Albemarle -Pamlico Estuarine Study Area'; Holland Consulting Planners, Inc.
See Appendix I for
explanation of how 1970 seasonal
population was estimated.
11] "Unincorporated Areas"
includes Town of Cedar Point, incorporated in 1988.

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1-14

Table 4 provides a summary of the 1985 place of residence of the town's 1990
population. Of these counted in Table 4, only 718, or 38.4% resided in the same
' dwelling unit in both 1985 and 1990. A total of 773 residents, or 41% of those counted
in 1990 had moved into Atlantic Beach from outside of Carteret County since 1985.
Table 4
Town of Atlantic Beach
Residence in 1985—State & County Level
'
(Persons 5 years and over)
Same house in 1985
718
Different house in U.S. in 1985:
Same county
378
Different county:
'
Same state
478
Different state:
Northeast
76
Midwest
22
South
139
West
44
Abroad in 1985:
'
Puerto Rico
U.S. Outlying Area
0
0
Foreign Country
14
Source: 1991 U.S. Census.
c) Composition and Age
Table 5 provides an analysis of the 1990 Atlantic Beach population by age, race and
sex.
Table 5
Town of Atlantic Beach
Population: Age, Race, and Sex
— Total Persons — — White — — Black — — Other —
Total
0.4
69
5-17
213
18-24
157
25.44
679
45-64
577
65+
243
Total
1,938
Median
40.0
Sown: 1990
U.S. Census.
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
28
41
65
26
39
4
2
2
0
0
0
124
89
210
123
87
2
0
2
0
1
3
105
52
143
91
52
7
7
0
5
7
3
376
303
654
357
297
5
2
3
9
21
9
281
296
567
276
291
2
1
1
2
4
2
120
123
243
120
123
0
0
0
0
0
1
1,034
904
1,982
993
889
20
12
8
51
33
I8
38.2
42.6
40.5
38.8
42.8
23.7
23.7
12.0
35.8
33.1
39A
I-15

The 1990 median age of the town's population, 40.0 years, was significantly higher than
that of both the state and Carteret County, which were 33.2 and 27.2, respectively. This
is indicative of the attractiveness of the Bogue Banks' towns as retirement areas. The
town's population 65 years old or older comprised 13% of the total population. This
was consisten4 with the state and county distribution of population within this age group
which was 12% and 14%, respectively. However, Atlantic Beach had 29.77% of its
population within the 45 to 64 age group. The state as a whole had only 19.48% of its
population in this age group while the county had 22.06% of its population in this age
group. Thus, the age of Atlantic Beach's population is increasing at a faster rate than
that of either the state of the county.
Atlantic Beach has a very small minority population. In fact, in 1990 the total minority
population was only 71, or 3.7% of the town's total population. Of the total minority
population, only 20 were Black. The percentage of the population which is minority
is significantly lower than that of the state and county, 25.4% and 10.0% respectively.
The small percentage of minority population is typical of a North Carolina beach
community.
The town's population is almost evenly divided between males and females with 53%
male and 47% female. Within the state as a whole, the mixture is reversed with 48%
male and 52% female.
2. Housing Characteristics
During the last ten years, 1983 to 1992, Atlantic Beach has experienced significant
residential construction. A total of 599 residential building permits were issued. The majority,
320, or 53% were issued for multi -family construction. Only 163, or 27% were for single
family units. While Atlantic Beach has a significant number of mobile homes, only 60 mobile
home permits were issued from 1983 to 1992. Graph 3 provides a summary of building permit
activity from 1983 to 1992.
In 1990 there were 4,599 housing units in Atlantic Beach. Of that total, only 935 were
occupied. The remaining 3,664 vacant units were utilized primarily for seasonal/ recreational
purposes. Table 6 provides a summary condominium status of the vacant dwelling units.
Table 6
Town of Atlantic Beach
Condominium Status by Vacancy Status-1990
Condos
For rent 105
For sale only 3
For seasonal, recreational or occasional use 1,407
All other vacants 20
Source: 1990 U.S. Census
Non -Condos
154
58
1,881
36
n
L
11
I-16
i

The occupied dwelling units were primarily owner occupied. Table 7 provides an
analysis of occupied units by bedroom count and tenure.
Table 7
Town of Atlantic Beach
Occupied Dwelling Units by Bedroom
Count and Tenure - 1990
Total Owner Renter
No Bedroom
15 7
8
1 Bedroom
133 27
106
2 Bedrooms
365 193
172
3 Bedrooms
303 240
63
4 Bedrooms
70 63
7
5+ Bedrooms
49 44
5
Total Housing Units 935 574
361
Source: 1990 U.S. Census.
Of the total 935 occupied dwelling units, 574, or 61.3% were owner occupied.
The age of the Atlantic Beach housing inventory is young relative to the state as a
whole and non -resort housing areas. In 1990, the median year for construction of all the
town's housing units was 1977 while the state's median year built was 1971. Only 529, 11.5%
of the town's 1990 dwelling units were 30 years old or older. Table 8 provides a summary
of the age of the town's housing inventory.
Table 8
Town of Atlantic Beach
Year Structure Built by Tenure-1990
Year Built
Total Units % Vacant Units
Total
Owner
Renter
1990
64
1.4% 29
35
31
4
1985 to 1988
380
8.3% 294
86
62
24
1980 to 1984
1,308
28.4% 1,145
163
87
76
1970 to 1979
1,587
34.5% 1,273
314
184
130
1960 to 1969
731
15.9% 583
148
104
44
1950 to 1959
342
7.4% 224
118
56
62
1940 to 1949
115
2.5% 74
41
31
10
Before 1940
72
1.6% 42
30
19
11
' Median year built: 1977
Source: 1990 U.S. Census.
I-17

180
160
140
120
100
80
0000
60
40
GRAPH 3
Annual Permitted Dwelling Units
40
23
41 39
1983119841198511986119871198811989119901199111992
Mobile Homes ®
1
3
3
10
5
10
12
11
4
1
Multi -Family ED
130
48
39
14
10
10
6
6
6
18
2 Fam. Units ®
6
8
2
0
2
4
6
10
2
2
Single Fam.
9
28
33
16
6
12
17
12
15
15
Note: 'Mobile Homes' Includes new units only -
Source: A.B. Building Inspections Dept. not replacement units.

The town's housing inventory is in good condition. None of the town's dwelling units
lacked complete plumbing facilities in 1990. Only five dwelling units lacked complete kitchen
facilities. A total of 1912 dwelling units were provided some type of central sewer service,
and 2,659 dwelling units relied on septic tanks or cess pools for sewage disposal. Almost all
dwelling units, 4,443, 97%, had access to a public water supply. Only 156 units relied on
wells.
' In June 1992, the town's Police Department performed a detailed count of all dwelling
units and motel/hotel units located in Atlantic Beach. The survey resulted in a total count of
1,034 motel/hotel units, 1,498 multi -family or condominium units, 1,874 single-family
' residential units, 1,082 mobile homes in parks and 166 recreational vehicle in RV parks.
Graph 4 provides a summary of the survey results.
' Mobile homes accounted for 24% of the total housing stock (single-family conventional,
condos, and mobile homes). Many of the mobile homes are over ten years old and are not
constructed to withstand hurricane force winds. Most of the mobile homes are located within
' mobile home parks. Those parks are delineated on Map 1, Existing Land Use. The mobile
home parks have very high unit density. In some parks the density is in excess of 25 units per
acre. Because the density, limited mobile home park amenities, and increasing age of the
' units, the mobile home parks may be areas which will be subjected to future redevelopment.
When central sewer service is provided, the value of the land included within the mobile home
parks should increase significantly. If this occurs, the mobile home park property may
' command a higher price for alternative uses such as site -built permanent high density
residential development.

GRAPH 4
e�iT
1500
1000
500
In
Atlantic Beach Dwelling Units
No. of Dwelling Units
Single Family . Motel/Hotel Condos Mobile Home Park RV Park
Type of Dwelling Units
Source: Police Dept, survey of
May 31, 1991; Updated June 11, 1992
M = = = = = M = = M = = = = M

11
3. Population and Housing Summary
The significant factors in influencing Atlantic Beach's population and housing
inventory are summarized as follows:
-- Atlantic Beach is located within one of the state's fastest growing areas.
-- Over the last 30 years, Atlantic Beach has had the second highest rate of growth
of all Carteret County municipalities.
' -- The lack of vacant developable housing is slowing the construction of new
housing.
-- The decreasing inventory of new housing available for purchase is slowing the
town's population growth.
•- Atlantic Beach has significant seasonal population. In 1990 the seasonal
population of 22,693 was 11.71 times the permanent year-round population.
However, the seasonal population is not growing as fast as the permanent
' population. In season day visitor traffic significantly adds to the town's total
population.
-- Most of the town's population growth is the result of in -migration.
-- The median age of the town's population is significantly higher than that of
either the state or Carteret County.
-- The majority of the town's dwelling units, 3,664, are vacant units utilized
primarily for seasonal/recreational purposes.
-- Of the total 935 occupied dwelling units, 574, or 61.3% were owner occupied.
'
-- Only 529, 11.5% of the town's 1990 dwelling units were 30 years old or older.
'
-- The majority of the town's dwelling units, 1,656, or 57.8% relied on septic tanks
or cess pools for sewage disposal.
'
-- In 1992, mobile homes accounted for 24% of the total private single-
family/multi-family/mobile home housing units. Most mobile homes are located
in high density mobile home parks.

C. ECONOMY
Atlantic Beach's economy is driven by the seasonal tourist industry. This industry generates
strong retail, construction, and real estate employment. In 1990, 47% of the town's employed
population 16 years old or older was employed in those categories. Table 9 provides a
summary of employment by industrial category.
Table 9
Town of Atlantic Beach
Employment by Industry
16 Years Old and Older - 1990
Category
Employment
Percentage
Agriculture, forestry, & fisheries
31
2.9
Mining
0
0
Construction
117
10.8
Manufacturing:
Nondurable goods
41
3.8
Durable goods
41
3.8
Transportation
37
3.4
Communications & other public utilities
27
2.5
Wholesale trade
28
2.6
Retail trade
279
25.8
Finance, insurance, & real estate
110
10.2
Services:
Business & repair services
26
2.3
Personal services
46
4.3
Entertainment & recreation
20
1.9
Professional & related services:
Health services
56
5.2
Educational services
79
7.3
Other professional & related services
61
5.6
Public administration
82
7.6
Total
1,081
100
Source: 1990 U.S. Census
The Town's unemployment rate was extremely low. Of the total labor force 16 years old or
older, only 3.1%, or 35 were unemployed in 1990. For comparison, the state and Carteret
County's unemployment rates in 1990 were 4.8 and 5.2%, respectively.
I
I-22

' Mean household income is considered to be a very good indicator of a community's economic
strength and stability. In 1990, Atlantic Beach had a mean household income of $39,459. This
' was well above the State mean household income of $33,242 and Carteret County's mean
household income of $32,162. The relative high mean household increase is attributed to the
strong tourist/resort economy and high retirement income coupled with small family sizes. In
t fact, only 17 people, or 0.9% of the Town's 1990 population were considered to be below the
poverty level.
' The Atlantic Beach population has a smaller percentage of its population living in poverty than
either the State or Carteret County. In 1990, Atlantic Beach had 10.2% of its population below
' the poverty level. Most of the poverty level population, 18.6%, was in the 0-17 year old age
group. Only 9.1% of the total population was below poverty in the 18-64 primary wage
earning age group. Table 10 provides the 1989 poverty status in Atlantic Beach, North
' Carolina and Carteret County by sex and age.
Table 10
Town of Atlantic Beach
Poverty Status in 1989 by Sex and Age
Atlantic Beach, North Carolina and Carteret County
' Male Below Female Total
Total Total Pove Below Below
Male Female Total % Pove % Pove %
' Atlantic Beach 413 796 1,709 87 8.7 108 11.9 195 10.2
Carteret County 23,069 22,471 45.540 2,246 8.9 3,731 14.2 5,977 11.6
' North Carolina 2,739,421 2,827,906 5,567,327 333,219 10.8 496,639 14.9 829,858 13.0
Source: 1990 U.S. Census
' The relatively low poverty level population is attributed to a balanced strong tourist/resort
driven economy. Low to moderate income families and individuals cannot afford to reside in
' Atlantic Beach.
Most of Atlantic Beach's labor force is employed locally. In 1990, 29.9% of the labor force
either worked at home or traveled less than ten minutes to their place of employment. Over
51% of the labor force traveled fourteen minutes or less to their place of employment. The
mean travel time to work of 16.9 minutes was below that of Carteret County which was 19.1
' minutes and North Carolina's which was 19.8 minutes. Table 11 provides a summary of the
travel time to work.
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C
Table 11
Town of Atlantic Beach
Travel Time
to Work
Workers 16 Years and Over
- 1990
Did not work at home:
Total
%
0 - 4 minutes
92
8
5 - 9 minutes
219
19.0
10 - 14 minutes
251
21.9
15 - 19 minutes
189
16.5
20 - 24 minutes
125
10.9
25 - 29 minutes
35
3.0
30 - 34 minutes
107
9.3
35 - 39 minutes
22
1.9
40 - 44 minutes
12
1.0
45 - 59 minutes
18
1.6
60 - 89 minutes
31
2.7
90 or more minutes
15
2.8
Worked at home
32
2.8
Total
1,148
100
Source: 1990 U.S. Census
Atlantic Beach has a fiscally sound local government. For each of the past five years, the
town's annual revenues have exceeded expenses. In fact, the town's undesignated year-end
fund balance has ranged from $543,000 to $1,068,000 in those five years. The town's 1992
tax rate was $.45 per $100 of value. There have not been any financial management problems
cited in any of the town's year-end financial audits for the last five years.
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D. EXISTING LAND USE
1. Introduction
The Town of Atlantic Beach was originally chartered in 1937. Over the last 30 years,
the town has evolved from a predominantly vacant landscape to a predominantly developed
community. Prior to 1960, the town center was on the area known as the "Circle" (West
Drive/Central Drive/East Drive). Most development was commercial, catering to day visitor
traffic. Very little residential development existed.
The last thirty years have witnessed numerous land use changes which are summarized
as follows:
-- Substantial Bogue Sound water and wetland areas were bulkheaded and filled
for development.
-- The causeway leading to the mainland bridge developed with continuous strip
commercialization.
-- The "Circle," primarily developed with commercial development. During the
late 1960's, significant deterioration began and has continued through the
1990's. No significant redevelopment has occurred.
-- The town has developed with small overcrowded lots that do not have the
capacity/size to adequately accommodate extensive septic tank usage.
-- Development has spread east and west of the original town core, leaving very
little vacant land for development.
In general, the town has become a mixture of commercial and residential uses that are
primarily seasonal/resort oriented. There are distinctive commercial and residential areas in
Atlantic Beach that provide variety in density, quality of development and architectural style,
which is unusual, if not unique, for a North Carolina beach community.
2. Land Use Categories
The 1988 Atlantic Beach Land Use Plan compiled land use data utilizing the following
eight categories:
"Single Family Residential includes all detached single family homes
on individual lots.
Duplexes are structures with two attached units.
Multi -Family residential structures are those with three or more
dwelling units, including apartments, townhouses, and condominiums.
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I
The Mobile Home category includes both single mobile homes and
individual lots and mobile homes in parks. Recreational vehicle/travel
trailer parks are also included here.
The Commercial use category consists of retail sales and service,
establishment, including tourist oriented recreational businesses. Motels
are also included as commercial uses.
Public/Institutional uses include government offices with related areas,
and churches.
Transportation and Utilities includes road rights -of -way, electric,
telephone, and water facilities.
Vacant land areas are those which currently are not in use but which
are generally developable under current local, state, and federal
regulations."
Source: Direct quote from the 1988 Atlantic Beach Land Use Plan.
The 1988 land use plan included existing land use data which was compiled in 1985.
At that time, there was an extraterritorial jurisdiction area between Atlantic Beach and Pine
Knoll Shores. The Existing Land Use Map,. Map 1, delineates the town's 1985 western
corporate limit line. From 1985 to 1992, annexations occurred which moved the town's
corporate limit line westward to about the Pine Knoll Shores eastern corporate limit line.
However, approximately 20 acres of vacant land and 250 acres of coastal wetlands between
the old western corporate limit line and the new western corporate limit line remain
unincorporated. Those areas are scattered along both sides of N.C. 58 between Cedar Lane and
the intersection of Ocean Ridge Drive and N.C. 58. It is anticipated that the land areas will
be annexed as development occurs.
The 1985 existing land use data has been adjusted to compensate for the annexation
actions. Table 12 provides a comparison of the 1985/1992 land use acreage.
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I-26

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 Administration.
EXTRATERRITORIAL. JURISDICTION
BOGUESOUND
♦*+#+*# L-
ATLANTIC OCEAN
y i
BOGUESOUND
EXTRATERRITORIAL JURISDICTION
NOTE. THIS MAP WAS PREPARED FROM PHOTOGRAPHS AND
EXISTING MAPS. NOT FROM AN ACTUAL SURVEY.
DISTANCES ARE .APPROXIMATE.
0
!J
LEGEND
SINGLE FAMILY, MIXED SINGLE FAMILY,
DUPLEX & MOBILE HOME
MULTI -FAMILY
MOBILE HOME PARK
PUBLIC INSTITUTIONAL
COMMERCIAL
V ACAN'T
��- 7992 CORPORATE LIMIT LINE
®SINGLE FATvIILY DWELLING UNITS
CONSTRUCTED SINCE_ 1965
AREAS HAVING HIGH CONCENTRATIONS
OF MOBILE HOMES SITUATED ON
LNDIVIDUAL SINGLE-FAMILY LOTS
0' 100' !Go, SOO' loco'
SO' 200' 100'
TOWN OF ATLANTIC BEACH
EXISTING LAND USE MAP
MAP 1
I-27

13
EXTRATERRITORIAL JURISDICTION
19
EXTRATERRITORIAL. JURISDICTION
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
Atmosphenc Administration.
ATLANTIC OCEAN
BOGUESOUND
NOTE: THIS MAP WAS PREPARED FROM PHOTOGRAPHS AND
EXISTING MAPS, NOT FROM AN ACTUAL SURVEY.
DISTANCES ARE APPROXIMATE.
LEGEND
®
SINGLE FAMILY, MIXED SINGLE FAMILY,
DUPLEX S MOBILE HOME
MULTI -FAMILY
MOBILE HOME PARK
-
PUBLIC INSTITUTIONAL
-
COMMERCIAL
VACANT
dw�.A 1992 CORPORATE LIMIT LINE
1988 CORPORATE LIMIT LINE
®SINGLE-FAMILY DWELLING UNITS
CONSTRUCTED SINCE 1988
0• I00• Go' !00• coo
s'otoa• +Go
,A
0
TOWN OF ATLANTIC BEACH
EXISTING LAND USE MAP
MAP 1
1-28

LEGEND
i
SINGLE FAMILY. MIXED SINGLE FAMILY,
DUPLEX & MOBILE HOME
MULTI -FAMILY
i
The preparation of this map was financed in part
through a grant provided by the North Carolina Coastal
Management Programf, through funds provided by the
MOBILE HOME PARK
Coastal Zone Management Act of 1972, as amended,
!
1
which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and
PUBLIC INSTITUTIONAL
Atmospheric Administration.
iCOMMERCIAL
iVACANT
1
EXTRATERRITORIAL JURISDICTION
i
®SINGLE-FAMILY
DWELLING UNITS
CONSTRUCTED SINCE 1988
AREAS HAVING HIGH CONCENTRATIONS
OF MOBILE HOMES SITUATED
ON
INDIVIDUAL SINGLE-FAMILY LOTS
i
J 'y
l
1
1
1
1
ATLANTIC OCEAN
EXTRATERRITORIAL JURISDICTION
�I
NOTETHIS MAP WAS PREPARED FROM PHOTOGRAPHS AND
EXISTING MAPS. NOT FROM AN AC UALSURVEY.
DISTANCES ARE APPROXIMATE.
50' 200, 400'
TOWN OF ATLANTIC BEACH
EXISTING LAND USE MAP
MAP I
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Table 12
' Town of Atlantic Beach
1985/1992 Approximate Land Use Acreage*
Change
Land Use Category 1985 1992 in Acres
Single Family 222.2/18% 262.2/21.6% +40.0
Mobile Home 144.0/12% 147.0/12.1% + 3.0
Duplex 20.9/ 2% 35.9/ 3.0% +15.0
Multi Family 208.4/17% 210.9/17.4% + 2.5
' Motel 32.0/ 3% 32.7/ 2.7% + 0.7
Commercial 96.8/ 8% 100.0/ 8.2% + 3.2
Transportation/Utilities 178.7/15% 186.9/15.4% + 8.2
1 Public/Institutional 1.9/0.2% 10.2/ 0.8% + 8.3
Vacant/Developable 310.2/25% 229.3/18.8% -80.9
1,215.1/100% 1,215.1/100%
Source: Holland Consulting Planners, Inc.
' *Note: Acreage comparison based on area contained within 1992 corporate limits.
From 1985 to 1992, the greatest land area land use change was in single-family
' residential development which increased by approximately 40 acres, or 21.6%. The
vacant/developable category decreased significantly, but this occurred because of the increase
in multi -family development. The greatest percentage change in land use occurred in the
' public/institutional category. This change was primarily the result of the town's acquisition
of property around the "Circle" and the purchase of a parcel located on N.C. 58 opposite
Bogue Banks Baptist Church. The "Circle" property was acquired for redevelopment purposes
and the N.C. 58 site will be utilized for a well site, sewer plant, and possibly a new municipal
building.
3. Residential Land Use
' Atlantic Beach provides distinct residential variety. The residential areas range from
moderate density, single family, predominantly year-round residential areas to high density
seasonal mobile home parks. This variety of residential development provides some definite
opportunities for Atlantic Beach. The various types of residential areas are summarized as
follows:
' -- Moderate density predominantly year-round residential areas. The two areas
most notably fitting this description are the residential areas extending from N.C.
58 north to Shoreline, Forest Knoll and Hoop Pole Creek Drives, and the
' residential areas constructed on fill north of Davis Boulevard.
-- Moderate density seasonal single family residential development constructed on
' fill areas extending into Bogue Sound. These areas have been primarily
developed within the last twenty years.
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-- Moderate to high density high value oceanfront properties. This development
is scattered along the town's ocean shoreline, but is concentrated along Ocean
Ridge Drive, East and West Boardwalk, and Glenn Street.
'
-- "Old Atlantic Beach" residential areas are generally situated between N.C. 58,
West Fort Macon Road/oceanfront properties/Cedar Lane area/Wilson Avenue
area. The dwelling units within these area vary greatly in size and condition.
Many units are beginning to show age and signs of deterioration. The area has
much of the character of old North Carolina Outer Banks beach communities.
'
Most units within this area were constructed prior to 1960, with many being
built in the 1940's and 1950's.
'
-- Medium to high density multi -family condominium units are scattered
throughout Atlantic Beach. Most of these units have been constructed within
the last twenty years, with approximately 40% having been built since 1980.
The architectural styles vary widely, resulting in much visual inconsistency in
the town's landscape. The greatest concentrations of this development are
located along N.C. 58 between the Lee Drive area and the N.C./Ocean Ridge
'
Drive intersection, and along the south side (ocean side) of N.C. 58 east of
Commerce Way.
-- High density mobile home parks comprise over 12% of the town's total land
area. The parks serve mainly seasonal owners or renters. The majority of the
mobile homes are over ten years old and were not built to withstand hurricane
'
force winds. If the town succeeds in installing a central sewer system, it is
expected that increased land values may cause many of the mobile home parks
to become candidates for redevelopment. The mobile home parks are located
,
in the following areas and are delineated on the existing land use map: Mobile
Drive, N.C. 58 on Hoop Pole Creek opposite Dunescrape Villas, Davis
Boulevard, North Shore Drive I and II, Oceanna, and Triple Ess Marina.
'
-- Mobile homes on single family lots are scattered throughout many areas of
Atlantic Beach. However, there are concentrations of mobile homes situated on
individual lots in the following areas: Money Island Drive Subdivision, Money
Island Beach Subdivision, Coastal Mobile Estates, Beach Mobile Home Court,
Knollwood Banks, and the Triple-Ess Shores Subdivision. These areas are
characterized by small lots (generally 6,000 square feet or less) resulting in high
density. Congestion is further generated in the Money Island Beach Subdivision '
because the streets were constructed so as to not tie in with adjacent town
streets. Therefore, access in and out of the development is primarily limited to
one street. ,
-- From 1988 to 1992, most single family residential development occurred on ,
Sound Drive and in Island Quay. Within the town's planning jurisdiction,
approximately 300 single family residential lots remained undeveloped in 1992.
Only eight of these lots were in the town's extraterritorial jurisdiction. In ,
addition, only approximately ten acres of vacant residentially zoned land

remained in tracts one acre or larger in size within the corporate limits. An
additional twenty acres of large tract vacant land remained in the extraterritorial
' jurisdiction. Substantial growth in new residential construction will have to
occur through the redevelopment of older single family residential areas and
mobile home parks. Based on past residential construction activity, Atlantic
' Beach could be fully developed residentially during the 1990's.
In 1992, the approximate average residential densities were:
Single Family 7 dwelling units per acre
Multi Family 7 dwelling units per acre
Mobile Home Parks 8.5 dwelling units per acre
All Residential 8.5 dwelling units per acre
' These densities are not expected to increase. When central sewer service becomes
available, it is expected that some mobile home parks may be converted to other residential
' uses which should result in an overall decrease in residential density. It is unusual to have the
same residential density for both single and multi -family development. This is primarily the
result of small, high density single-family lots in the older sections of town.
' 4. Commercial Land Use
Little change occurred in the town's commercial land use from 1988 to 1992. The most
significant construction was the Atlantic Station Shopping Center (approximately 4.5 acres)
north of N.C. 58, eight -tenths of a mile west of Morehead Avenue, more commonly known as
the Causeway. The main commercial development continues to center on the Causeway/N.C.
58 intersection. This development extends intermittently west along N.C. 58 for approximately
two miles, north along the Causeway to the Bogue Sound Bridge, south to the "Circle" area,
' and east on N.C. 58 to the Oceanna Motel. `
The 1988 land use plan speculated that the construction of the Coral Bay and Atlantic
Station shopping centers may initiate a need for commercial development along U.S. 58 west
between the Peppertree residential development and the area of the N.C. 58/Ocean Ridge Drive.
However, in 1992, all vacant property within this area was zoned RR, Resort Residential.
Further commercialization would require rezoning.
The commercialization along the Causeway exhibits some of the less desirable aspects
of strip commercialization, including almost continuous points of vehicle ingress and egress,
no service roads, extensive signage, small commercial lot development, and traffic congestion
' resulting from both local traffic and vehicles traveling through the area to reach points west
of Atlantic Beach. However, the Causeway area is one of the trademarks of the Atlantic Beach
landscape. Some improvements including improved traffic control, decreased signage, service
' roads, parking, landscaping, and the removal of overhead wiring would significantly improve
the area.
1
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Atlantic Beach's oldest and most recognizable commercial area is the "Circle" (referred '
in the 1988 plan as the "Triad.") This area is delineated on Map 2. Since the 1960's, the
"Circle" has been the victim of deteriorating buildings, traffic congestion, and a proliferation '
of bars and alcoholic beverage control problems. In the late 1980's and early 1990's, the town
began a vigorous effort to redevelop the Circle area. An aggressive program of acquiring
buildings which were severely deteriorated and/or the location of establishments with ABC '
licenses was begun. In 1992, the town acquired control of 4.1 acres of land within the Circle
through either fee simple purchase or lease. In late 1992, a detailed development plan was
being prepared which will provide for improved traffic flow, increased off-street parking, '
removal of deteriorated structures, and the reuse of many parcels which were the site of
problem ABC establishments.
Since 1988, the town's motel/hotel usage has changed very little. Old motels and hotels ,
continue to be located along the Causeway and N.C. 58. The only new motel constructed is
located on N.C. 58 opposite Cedar Lane. In 1992, there were 1,034 motel/hotel units located
in the Atlantic Beach corporate limits.
5. Public/Institutional Land Uses '
In 1988, the largest public/institutional land use within the town was the Town
Hall/Police Department/Fire Department facility. Since 1988, the town has acquired the
following sites:
-- N.C. 58 west site for sewage treatment plant, water supply well, and new '
municipal building (approximate acreage 3.7).
-- Two well sites on Ocean Ridge Drive (approximate acreage .09 each). '
-- Six parcels in the "Circle" area for redevelopment (approximate acreage 4.1). ,
-- One well site on U.S. 58 located immediately northwest of Peppertree
(approximate acreage .18). '
-- Regional beach access site on Atlantic Boulevard West (approximate acreage
1.0). '
-- A small undeveloped park on Smith Street (approximate acreage .6).
Thus, since 1988, a total of over eight acres of public land use were acquired by the
town. The acquisitions which will have the greatest long-term impact are the parcels acquired ,
for redevelopment of the "Circle" and the N.C. 58 West site acquired for construction of a
sewage treatment plant.
There have not been any non -publicly owned institutional uses developed since 1988. ,
Churches constitute the only non-public institutional uses.
1
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TOTAL AREA INSIDE
BOUNDARY - 532.694 S.F. (19.12 AC)
TOTAL AREA INSIDE
RIGHTS OF WAY - 272.G26 S.F. CG.26 AC)
TOTAL AREA TOWN CONTROLLED
PARCELS - 162.575 S.F. C3.73 AC)
O TOWN CONTROLLED PARCELS
w. Borne xvD.
W. ATLANM BLVD.
W. lrR BLVO
JOLLY m-
* KNAVE > i
NOTE: This map was prepared with town
funds prior to the preparation
of the 1993 Land Use Plan Update.
SALTER PATH RD.@
OLD
' 1TLANTG
BEACH
CROC[RY
h/
VACANT
3x
BEACH
ni
eN
i
>
a
ai
SCA50N5
ONLR
_
'
O
s
'
SKW
JN
SHOrS
i
'
7
�
i V. 50CUE BLVO.
e
TOWN
-UTLITICS , r
rARM C
404 O U.
D -
rn
0
VFUN W WHEELS
ATLANTIC BLVD.
PARCEL
42AW Bl.
TOWN CONTROLLED PARCELS
ATLANTIC BEACH - THE CIRCLE
PATON/ZUCCHINO ASSOCIATE5. PA.
LANDSCAPE ARCHITECTS/PLANNERS
NOVEMBER 1. 1992
T-200'
MAP 2
e. TvBLVD
VACANT
i
e
ti
roins ta. r
_
ss.r..
�
e
OLD MAROCCS �
E. ATLMfRC BLVD.
SU4mCKS
is
CND
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1 6. Transportation and Utilities
Road rights -of -way comprise almost all of the transportation and utilities land use
category. There is a total of approximately 19.67 miles of roads. The roads are divided as
follows:
Town owned and maintained/15.97 miles
State owned and maintained/5.5 miles
Privately owned and maintained/.88 miles
' There are approximately 77.52 acres in road rights -of -way. This assumes a right-of-way
width of 45 to 50 feet for town and privately owned streets, and the actual right-of-way width
for state maintained streets. Overall, the streets are in good condition. Some streets in the
' older residential areas require resurfacing or patching.
In addition to the street rights -of -way, electric, telephone, gas facilities, and privately
' owned and operated waste treatment plants are included in the transportation and utilities
category. It is estimated that approximately 110 acres are occupied by these uses.
7. Other Land Uses
While not within the corporate limits or the town's extraterritorial jurisdiction, Fort
' Macon State Park has a significant impact on Atlantic Beach. The park lies immediately east
of the town. Annually, large numbers of visitors travel through Atlantic Beach to reach the
park. In 1991, the park had a total of 1,433,252 visitors.
' 8. Land Use Summary
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Atlantic Beach has both land use related opportunities and problems. The planning
program has identified the key issues and is endeavoring to accomplish constructive changes.
The following summarizes the primary land use related issues:
-- Atlantic Beach's vacant land may be built out during the 1990s. Significant
long-term new construction may be in areas undergoing redevelopment.
-- Because of the town's high density of development, a central sewer system is
badly needed to eliminate dependence on septic tanks.
-- Following construction of a central sewer system, it is anticipated that many
mobile home park areas will undergo redevelopment. This would result in the
removal of a large number of mobile homes which were not constructed to
withstand hurricane force winds.
-- Many of the dwelling units in the older sections of Atlantic Beach are over 30
years old and in need of repair/renovation.
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-- Traffic congestion on the Causeway, "Circle" and U.S. 58 is extremely heavy ,
during the peak tourist season. Although significantly improved following
construction of a high rise bridge in 1989, transient traffic traveling through
Atlantic Beach to points west of the town continues to add to the congestion.
-- The "Circle" is in need of redevelopment to improve existing facilities, increase
off-street parking, eliminate or upgrade deteriorated buildings, and remove many
of the ABC licensed establishments located in the area.
-- There is very little opportunity for year-round recreational activity. In fact, the
town owns only one small non -shoreline access park. Non -ocean -oriented
recreation facilities need improvement. '
-- Public shoreline access facilities are limited. Only three improved public '
shoreline access sites exist. Two are regional access facilities with bath houses,
and the third is a boat ramp.
-- Pressure for commercial development on vacant parcels along N.C. 58 west of ,
the Coral Bay and Atlantic Station shopping centers may develop. Such
commercial development would require rezoning of the property from resort '
residential to a commercial classification.
-- Strip commercialization of the Causeway has resulted in almost continuous '
points of vehicular ingress and egress, excessive signage, high density
commercial development on small lots, and traffic congestion along Atlantic
Beach's primary entrance/exit. ,
-- During the 1980's, multi -family land use surpassed single family residential
usage to become the largest single land use category within the town. However, '
single-family construction appears to be on the increase.
-- As vacant land is developed, and developed areas are redeveloped, it is
anticipated that conflicts between single family land use and other uses will
increase.
9. Development/Redevelopment Potential '
Atlantic Beach's development and redevelopment potential will be greatly influenced '
by construction of a central sewer system. If a system is not constructed, the town's potential
for development will be severely restricted. Approximately 72 acres of vacant land remain for
single family and multi -family development. Most of that land, approximately 44 acres, or '
61% is zoned for multi -family development. At current densities, this land would provide for
the development of approximately 750 additional dwelling units. ,
Almost all commercially zoned property has been developed. Additional commercial
development will have to be accommodated through the rezoning of non-commercial properties ,
or the redevelopment of existing commercial areas.
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The town has identified the following as potential areas for redevelopment:
-- The mobile home park located at the west end of Old Causeway Road, known
as Pelican Park.
-- The mobile home development located between Fort Macon Road and West
Davis Street.
-- The mobile home park adjacent to the Oceanna Motel.
-- Residential areas bordering on subdivisions which do not complement each other
such as street systems which do not adequately connect.
-- The "Circle."
-- The commercial and residential area on Henderson Boulevard.
These areas were all identified in the 1988 plan as priorities for redevelopment. In
addition, some redesign the Causeway infrastructure would help to improve traffic control,
reduce signage, and improve overall appearance.
The following factors will influence Atlantic Beach's development potential:
-- Construction of a central sewer system is a critical need.
-- An additional 750 (approximate) residential units may be constructed based on
the available 1992 vacant land and zoning requirements.
-- Recent growth within Carteret County has been substantial -- 92% population
growth since 1960. In fact, from 1970-1990, Carteret County was the fourth
fastest growing CAMA regulated county and the fifth fastest growing county
within the state.
-- During the 1980's, Atlantic Beach was the second fastest growing municipality
in Carteret County.
-- Atlantic. Beach has a strong retirement age population.
-- Atlantic Beach has a fiscally sound local government.
-- The ability of the town to redevelop the "Circle" and stimulate redevelopment
of the mobile home parks will have a strong influence on the town's long-term
development potential.
-- Non -vehicular and public transportation planning for the town should improve
to improve intermodal transportation opportunities.
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-- The town's zoning ordinance should be restructured to provide distinct and
protective land use districts.
10. Existing Ordinances and Land Use Controls
Atlantic Beach has a strong active planning program. The town employs a full-time '
planning director. A variety of local codes and ordinances have been adopted to regulate land
use. These controls are managed by the staff, and legislated by the Town Council with the
advice and support of the Planning Board.
The town has an extraterritorial jurisdiction (ETJ) which extends one mile in to the ,
Atlantic Ocean and one mile in to Bogue Sound. The ETJ in the Bogue Sound is coterminous
with the Morehead City ETJ. The Bogue Sound ETJ is zoned RS-Recreational Sound, while
the ocean ETJ area has the same zoning as the zoning of the adjacent land area. ,
The following provides a description of each of the town's land use -related code,
ordinance, or planning document: ,
1988 Atlantic Beach CAMA Land Use Plan Update
Atlantic Beach's existing land use plan was certified by the Coastal Resources '
Commission on January 21, 1988. The document complies with the 15A NCAC 7B
planning requirements. In addition, the policies contained within the plan meet or
exceed the State of North Carolina minimum use standards for areas of environmental ,
concern as set forth in 15A NCAC 7H.
The 1988 policy statements are summarized in the Establishment of Information ,
Base section of this plan. In most case, the policies support the 15A NCAC 7H
minimum use standards. However, in the following areas, the 1988 policies exceed the
state's minimum use standards: ,
Placement of septic tanks within estuarine shoreline areas.
Require oversized lots in secondary dune areas. ,
— Prohibit floating home development of any type.
— Prohibit any development on sound and estuarine islands.
— Regulation of off -road vehicles. '
— Protection of secondary dune system.
Beach and Shoreline Regulations '
These regulations are included in Chapter 5 of the Municipal Code. Usage of
beach and shoreline areas is regulated, including prohibition of glass containers and
metal cans, surfing, vehicular traffic, and issuance of permits for beach traffic.
Buildings and Building Regulations '
Chapter 6 of the Municipal Code includes these regulations. The town has
adopted and enforces the North Carolina state building, plumbing, heating, electrical,
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and residential codes. The chapter also establishes a requirements for a uniform
numbering system for all buildings.
Planning and Development
Atlantic Beach's planning program is established by Chapter 13 of the
Municipal Code. The chapter establishes both the Planning Board and Board of
Adjustment. Responsibilities for both boards are defined. In addition, the chapter
establishes the following:
Implementation and enforcement program for minor (CAMA)
development permits.
Soil, erosion and sedimentation control.
Group housing regulations, including controls for condominiums,
townhouses, and apartments.
Construction permits.
Streets and Sidewalks
The use and maintenance of streets and sidewalks is regulated by Chapter 16
of the Municipal Code. Damage to streets, bridges, lights, and signs is regulated and
prohibited. In addition, controls on the moving of buildings upon or across public
streets or sidewalks are provided.
1 Subdivision Regulations
Chapter 17 of the Municipal Code provides the Town of Atlantic Beach
1 subdivision regulations. The following provides the purpose of the subdivision
regulations:
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"The purpose of these regulations is to regulate and control the
subdivision of land within the limits of the town in order to
promote the public health, safety, and general welfare of the
community. They are designed to lessen congestion in the
streets and highways; to further the orderly layout and use of
land; to insure proper legal description and proper monumenting
of subdivided lands; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the
overcrowding of land and avoid undue concentration of
population; to facilitate adequate provisions for transportation,
water, sewerage, parks, schools, playgrounds and other public
requirements; to facilitate the further resubdivision of larger
tracts into small parcels of land."
Specifically, the subdivision regulations require that;
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-- Town services shall not be provided until a final subdivision plat is
approved;
— No streets or utilities shall be accepted until a final subdivision plat is
approved;
-- No construction permits shall be issued until a final subdivision plat is
approved.
Zoning
The Atlantic Beach zoning ordinance is included in Appendix A of the
Municipal Code. The purpose of the ordinance is defined as follows:
"The purpose of this regulation shall be to accomplish
compatible development of the land within the planning area of
the Town of Atlantic Beach in accordance with the Atlantic
Beach Land Development Plan and in a manner which will best
promote the health, safety, and general welfare of the people,
as well as to provide for efficiency and economy in the process
of development; to lessen congestion in the streets; to secure
safety from fire, panic, and other dangers; to promote health
and the general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provisions of
transportation; water, parks, and other public requirements; to
conserve the value of buildings and encourage the most
appropriate use of land throughout the corporate area, all in
accordance with a comprehensive plan, there is hereby adopted
and established an official zoning plan for the Town of Atlantic
Beach."
The zoning ordinance includes the following land use districts:
"-- RA-1, Residential District - single family homes on 6,000 square foot
minimum lots.
RA-1.5, Residential District - single family and duplexes with 6,000 st
minimum lot for each.
RA-2, Residential District - single family (5,000 s.f, minimum), duplex
(6,000 s.f. minimum), triplex (8,000 s.f. minimum), and 4-family
dwellings (10,000 s.f. minimum).
RA-3, Residential District - single family, duplex, triplex, 4-family,
hotel, motel, condominiums; mobile homes on individual lots; special
permit uses -- mobile home parks, PUD's, and some commercial uses
(5,000 s.f. minimum lot size).
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1 RR, Resort Residential District - single family, duplex, triplex, 4-family,
townhouses, apartments, condominiums, hotel, motel; special permit
uses — PUD's (minimum lot size based on sewer and water availability;
see zoning ordinance for specific requirements).
' — Resort Commercial - tourist related businesses and shops; special permit
uses include PUD's.
' General Business - all resort commercial uses plus more intensive
commercial uses such as auto/boat sales, auto repair, offices, etc.;
special permit uses include PUD's." (Source: 1988 Atlantic Beach
' Land Use Plan.)
RS, Residential Sound District - this district is established as a district
' in which the principal use of land and water is for recreational purposes
only. Permitted uses include boat lifts, boat ramps, bulkheads, docks,
mooring piles, navigational markers, and piers. Special uses include
' marinas, public water accesses, and utility lines.
1971 Carteret County Thoroughfare Plan
' The 1971 Carteret County Thoroughfare Plan was never adopted. However, the
following recommendations of the plan which had direct impact on Atlantic Beach were
implemented: improvement to the Causeway, widening of Fort Macon Boulevard (N.C.
' 58), improvements to the Fort Macon Boulevard and Causeway intersection, and
replacement of the Morehead City/Atlantic Beach bridge. During 1991-1992, the State
Department of Transportation was preparing an updated county thoroughfare plan.
1981 Redevelopment Study
' The 1981 redevelopment study was prepared for the commercial ("Circle") and
waterfront area. This study was prepared with CAMA funding as a beach access plan.
However, one of the major objectives of the study was to determine if redevelopment
' of the commercial areas was feasible. The plan defined governmental roles for the
redevelopment process and identified actions needed to implement the plan.
1992 Redevelopment Plan
Concurrent with the development of this plan, the town is in the process of
' preparing a specific redevelopment plan for the "Circle." The plan is site and parcel
specific with land use recommendations. Recommendations for traffic flow, off-street
parking, beautification, building demolition, and lightinglutilities were being developed.
Atlantic Beach is firmly committed to the redevelopment of the "Circle."
Utility Extension Policies
' In 1986, the town adopted a policy to govern the extension of the town's water
system. The policies require the following:
' -- Written application with plans prepared by a registered engineer,

Compliance with town specifications; ,
Cost estimates prepared by the town.
The cost of water line extensions are either assessed against each property ,
owner benefiting on a pro rata share of the cost of the extension, or are paid for by the
developer of a proposed development. Upon completion, improvements are owned by '
the Town of Atlantic Beach.
Marina Ordinance '
In 1978, the town adopted a marina ordinance. The ordinance defines marinas
as establishments providing storage for more than six boats, wet or dry facility. A site ,
plan is required which meets the ordinance requirements for minimum lot size, width,
depth, side yard, and rear yard. The site plan must be prepared by a registered
engineer, and include parking and storage areas, driveways, signs, lighting, pollution
control, and dock construction. ,
Flood Damage Prevention Ordinance
In 1978, the town adopted the flood damage prevention ordinance in order to ,
comply with the National Flood Insurance Program. Specifically, the ordinance requires
the following: ,
- All new residential construction or improvements greater than 50% of
structure's market value must be elevated to or above 100-year base ,
flood elevations.
Commercial buildings must be elevated above base flood elevations or '
floodproofed.
— Anchorings and pilings designs must be certified by a registered '
engineer or architect, or must be in full compliance with the N.C. State
Building Code.
- No alterations of frontal dunes or fill for structural support is allowed ,
in ' V" or velocity zones except as may specifically be allowed under
CAMA regulations." (Source: 1988 Atlantic Beach Land Use Plan.) '
Mobile Homes and Mobile Home Park Ordinance
The Atlantic Beach mobile homes and mobile home park ordinance was adopted '
in 1986. This ordinance regulates mobile home park development, mobile homes within
parks, and mobile homes placed on individual residential lots in subdivisions. Design
standards for mobile home parks are established and plans for mobile home parks are '
required. The mobile home park plans must provide the following: site plan defining
all features, stormwater drainage plan, description of recreation areas, indication of
water supply, definition of sewage disposal method, and site development standards. ,
I-42 1

' Recreational Vehicle Parks
A recreational vehicle parks ordinance was adopted in 1987. The ordinance
regulated parks intended to provide temporary dwelling spaces for travel trailers, motor
homes, tent campers, and truck -mounted camper. Standards for the following are
' included: minimum park area, minimum lot area and width, minimum distance between
campers, driveway/parking standards, stormwater drainage, water supply, sewage
disposal, and solid waste disposal.
' Carteret County Manual for Standing Operating Procedures
' In 1992, Atlantic Beach adopted the Carteret County manual for standing
operating procedures. This manual provides the standing operating procedures to be
implemented in the event of a hurricane or other natural disaster. Procedures include:
' evacuation, operation of the Carteret County emergency operations center, damage
assessment, post -disaster recovery, disaster assistance, temporary housing, tornadoes,
winter storms, transportation accidents/mass casualties, and plane crashes.
' 11. Effectiveness of the 1988 Land Use Plan and Policies
' The Atlantic Beach Planning Board and Town Council believe that the 1988 land use
plan policies have been effectively implemented. The town has emphasized implementation
' of the following policies:
-- ' Redevelopment of the "Circle."
-- Protection of AFC's to at least 15A NCAC 7H minimum use standards.
' -- Protection of frontal and secondary dunes.
-- Prohibition of floating homes.
' -- Prohibition of development on sound and estuarine islands.
' -- Regulation of off -road vehicles.
-- Beach nourishment protection resulting from channel maintenance by the U.S.
' Army Corps of Engineers.
The 1988 policies were not, in many instances, clearly linked to the 15A NCAC 7H
minimum use standards or otherwise defined as to how implementation would be
accomplished. The 1993 land use plan update process should provide clear concise direction
' as to the implementation authority for each policy statement.
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E. DEVELOPMENT CONSTRAINTS: PUBLIC FACILITIES ,
1. Water Supply ,
The Town of Atlantic Beach operates its own water supply system. The system is
delineated on Map 3, Public Facilities. The system is supplied by six deep wells. Water '
storage is provided by two elevated and one below ground storage tanks which have a total
storage capacity of 1,500,000 gallons. The following summarizes the system capacity by well:
Well Number Design Capacity '
1 400
gpm*
2 300
gpm
,
3 400
gpm
4 600
5 600
gpm
gpm
,
6 600
gpm
Source: Town of Atlantic Beach. ,
*Gallons Per Minute.
Note: The actual gpm is not provided because flows fluctuate from day to day. ,
The water supply is of good quality and the supply has been consistent. Treatment
provides softened fluoridated water. '
In 1992, approximately 800 residences in the west end of Atlantic Beach were
connected to the Carolina Water Service System. The town was in the process of extending ,
the water system to allow residents to switch water service from the Carolina Water Service
System to the town's water supply. In 1992, the water rates charged for Atlantic Beach's
water system service were substantially lower than those charged by the Carolina Water '
Service. For example, 5,000 gallons of water cost $28.85 on the Carolina Water Service
System while the rate on the town's system for comparable usage was $14.50.
The 1988 land use plan applied state standards to define the town's water system
capacity.* At that time, with four wells, the system had capacity for approximately 2,700
residential dwelling units. There were approximately 2,300 residential water customers, or '
85% of design capacity. Applying the same state standards to the 1992 design capacity, the
town's water system should accommodate 4,140 residential customers in 1992. In 1992, the
town had 3,690 residential customers, or 89% of design capacity. From 1988 to 1992, the '
town increased its surplus water capacity by 12.5 percent.
*(I) Design gpm x 60/min./hr. x 12 hrs. (maximum pumping time) = gallons per day. '
(2) Gallons per day _ 400 gallons per day residential unit = maximum number of 4,140.
I-44 1

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2 WELL SITE 2 FINISH WATER LINES
3 WELL SITE 3 12 INCH -
4 WELL SITE 4 10 INCH-�•�-�---�
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6 ELEVATED WATER STORAGE TANK 6 INCH -•-•---•-•--
~ 7 BELOW GROUND WATER STORAGE TANK
ROGUE SOUND RAW wINFS
8 REGIONAL SHORELINE ACCESS SITE
9 BOAT RAMP 12 INCH
10 PARK 6 INCH
11 TOWN HALL AND POLICE DEPARTMENT VALVES - ..... --........
] 12 FIRE DEPARTMENT
] THE PREPARATION OF THIS MAP WAS FINANCED IN PART EXTRATERRITORIAL JURISDICTION
- 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,
I y' NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
....a .....
.OW AWAWVow UK
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ATLANTIC OCEAN
TOWN OF ATLANTIC BEACH
SCALE r . 200'
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PUBLIC FACILITIES
MAP 3
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IATLANTIC OCEAN
EXTRATERRITORIAL JURISDICTION
EXTRATERRITORIAL JURISDICTION 1-45

The system capacity in 1992 was 1,800 gallons per minute. The system can produce
2.59 million gallons per day. However, under the 12-hour pumping limit, the daily capacity
' is 1.3 million gallons per day. The system's water treatment capacity is 2,500 gallons per
minute, or 3.6 million gallons per day.
The peak water demand occurs in July. Diagram I provides a summary of monthly
water demand for 1987 to 1992. From 1987 to 1992, the peak monthly water usage has
fluctuated from 25,530,640 gallons to a high of 36,386,120. During the last ten years, demand
' has not exceeded the water system capacity. In addition, water pressure is sufficient to provide
for adequate fire protection.
' 2. Sewage Disposal
' The Town of Atlantic Beach does not have a central sewer system. Most residences
and businesses rely on septic tank usage for sewage disposal. Because of the extremely high
density of development, serious groundwater and estuarine water pollution has occurred as the
' result of septic tank failures. Both commercial and residential septic tanks in fill areas have
had extremely high failure rates.
The filled areas created by pumping dredge material over coastal wetlands account for
approximately 50% of the town's land area. These septic tank failures pose a significant threat
to adjacent estuarine waters. In addition to the fill areas, the older central portions of
' Atlantic Beach developed with very high density and undersized septic systems with little or
no room for repair or renovation.
The seriousness of the town's sewage disposal problem is summarized by the following
excerpt from the Environmental Impact Statement, Town of Atlantic Beach Wastewater
Treatment and Disposal.
"Septic tank systems located in low-lying areas with high water tables such as those
areas immediately east and west of the Atlantic Beach Causeway in the center of
Atlantic Beach represent a severe threat to water quality. Development in these areas
has been constructed along man-made "finger canals." These areas were once marsh
areas that were dredged and filled by man in order to create prime waterfront
' property. The technique of excavating the finger canals and placing the spoil material
on top of the adjacent marsh has resulted in creating an environment unsuitable for
septic tank systems. The compressed layer of organic "muck" and high groundwater
conditions typical of these type developments have led to serious water quality
problems in adjacent waterways. An EPA study (Waste Source and Water Quality
Studies - Surf City, NC and Vicinity) of similar developments documented that during
periods of rainfall septic tank leachate arises out of the ground and runs overland to
the adjacent waterways. Dissolved oxygen problems were documented in the same
study from the combination of organic loading and poor "flushing" qualities of the
finger canals. More importantly, coliform bacteria problems were documented to
have resulted in the closure of numerous acres of adjacent shellfishing waters. The
waters adjacent to residential developments in Atlantic Beach have been closed to
shellfishing. The existing septic tanks adjacent to these waters are very likely
contributors to the closures." (Source: McDavid Associates, Inc.)
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DIAGRAM I
Potable Water Usage 1987-1992
1992
uauona
IE
0
Jan Fan Mar Aar Maw Jun Jul Aua Sao Oct Nov D.
1990
0
Jan Fab Mar Apr May Jun Jul Aug Sap Oct Nov Dan
1988
Millions of Gallons
40
OF 32,585,760
90
20
10
0
"du
Jan Fan Mar Apr May Jun Jul Aug Sp Oct Nov Dan
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1991
Millions of Gallons
40
30 _ 5
20
f0
0
Jan Feb Mar Apr May Jun Jul Aug Sap Oct Nov Dan
1989
Millions of Gallons
40
— 31,990,080
30
20
Is
10
O
Jan Fab Mar Apr May Jun Jul Aug Sap Oct Nov Dan
1987
Ilion of Gallons
0
Jan Fab Mar Apr May Jun Jul Aug Sp Oct Nov Dan

P
1
Based on the 1990 census, approximately 1,921, or 42% of the town's residences, were
provided sewage treatment by a privately operated sewage treatment plant. Almost all of these
units were located in condominium projects. However, many of these private systems have
experienced failures. The failures have resulted in odor and raw sewage overflow problems.
In 1992, the town obtained approval of its revised 201 Facilities Plan from the N.C.
Division of Environmental Management. A public hearing on the permit application was
conducted in November, 1992. At the time of plan adoption, the Division of Environmental
Management had suspended processing of the permit application at the request of the town.
The proposed sewage treatment system provides for spray irrigation on 1,094 acres located
at Open Grounds Farm, located approximately five miles northeast of the Town of Beaufort. The
system has a projected flow'of 240,000,000 gallons per year. The system is designed for a 2000
total housing count of 4,317 units with a peak July wastewater flow of 1,170,000 gallons per day.
A proposed 14-inch force main from Atlantic Beach would be routed through Morehead City and
Newport to the Open Ground Farms. The estimated cost of construction was $16,387,000.
Depending upon the financing method, projected user rates ranged from $25.72 to $33.32 per
month for 4,000 gallons per month of sewage flow.
There was general concern that the system may be too expensive for the town to construct
or for users to support. If the town cannot construct the spray irrigation system, it may need to
reevaluate its policies and consider the disposal of domestic waste into estuarine waters.
' 3. Drainage
Atlantic Beach experiences drainage problems throughout the town. These problems all
result from low elevation and depressed areas which do not have any natural drainage. Particularly
serious problems existed at the Wilson Avenue/East Terminal Boulevard intersection and on Center
Drive. However, the town has taken mitigative action to substantially reduce the problem.
Flooding is most serious during strong summertime conventional storms. Because of the
porous soils, the standing water normally seeps into the ground in several hours. The town does
not have a master drainage plan.
Stormwater runoff into the estuarine canals located within the town adds to the pollution
from malfunctioning septic tanks. Many of the canals have little or no "flushing" action.
Therefore, pollution is allowed to accumulate without any regular cleansing.
4. Solid Waste Disposal
Residential refuse collection service is provided by Waste Industries, a private contractor.
' Collection is provided once per week from November through March to approximately 2,814
customers. Twice per week service is provided from April through October. Businesses are
required to contract individually with private waste collectors. Condominium developments and
tmobile home parks have the option of utilizing bulk containers.
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In order to comply with House Bill 1109, the town was required to reduce its volume '
of waste by 25% by July, 1993. The town established a waste recycling program in 1992.
Once per week pick-up service is provided year-round for glass, steel, aluminum, paper, and '
plastic recyclables. Participation in the program is voluntary.
Until 1993, solid waste was disposed of in the Carteret County landfill. The landfill
,
was closed in 1993. Beginning in 1994, a regional landfill operated cooperatively by. Carteret,
Craven and Pamlico counties replaced the county landfill. This tri-county effort required that
municipalities within each county provide the needed funding. The cost of refuse disposal in
'
Atlantic Beach was expected to increase significantly.
5. Schools
,
Atlantic Beach is served by the Carteret County School System. Kindergarten through
second grade students attend Camp Glen School which is approximately two miles away in
,
Morehead City. Grades 3 through 5 attend Morehead Elementary School which is
approximately two miles away in Morehead City. Grades 6 through 8 attend Morehead Middle
School which is roughly two miles away in Morehead City. West Carteret High School,
'
approximately five miles away in Morehead City, serves grades 9 through 12. Table 13
provides detailed information on the schools serving Atlantic Beach. Based on the 1990
census, there were approximately 198 school age persons residing in Atlantic Beach. Thus,
'
approximately 5.9% of Carteret County's public school enrollment resided in Atlantic Beach.
'
Table 13
Schools Serving Atlantic Beach - 1992
%
1
Over/Under
Enrollment CapacityCgpacity Capacity'
Camp Glen School (K-2) 567 625 - 9%
Morehead Elementary School* (3-5) 640 600 + 6%
Morehead Middle School (6-8) 659 750 -12%
'
West Carteret High School (9-12) 1,544 1,500 + 3%
Source: Carteret County Board of Education; Holland Consulting Planners, Inc.
,
'Morehead Elementary School is building a new school, expected to be completed in
1994.
'
Beyond the public school level, there are three community colleges located in
reasonably close proximity to Atlantic Beach -- Carteret Community College in Morehead City,
'
Coastal Carolina Community College in Jacksonville, and Craven Community College in New
Bern.
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6. Transportation
N.C. Highway 58, which includes East and West Fort Macon Road, and the Causeway,
State Road 1182, are the town's only major thoroughfares. The town is connected to the
mainland by the Atlantic Beach/Morehead City Bridge.
The Causeway and Fort Macon Road are extremely congested during peak summer
months. In April, 1990, the North Carolina Department of Transportation (NCDOT) conducted
a traffic count on N.C. 58 west of the Atlantic Beach Bridge. The count indicated an average
daily traffic count of 19,600 vehicles. Based on NCDOT data, the design capacity of the road
is 18,000 average daily traffic.
The 1993-1999 Transportation Improvement Program called for the construction of a
third bridge connecting Bogue Banks to the mainland. Map 4 provides the proposed location.
The bridge would connect to Bogue Banks between Indian Beach and Pine Knoll Shores. The
Pine Knoll Shores and Indian Beach land use plan policies oppose construction of the bridge.
Powell Bill funding for Atlantic Beach is based on 15.97 miles of locally maintained
roads. Many of the roads in the older residential sections are in need of, repair and/or
resurfacing.
7. Police
Atlantic Beach has a fully staffed police department which includes the following
employees:
Police Chief
1
Captain
1
Lieutenant
1
Detectives
3
Sergeants
6
Police Officer II
7
Police Officer I
5
Secretary
1
Dispatchers
6
Total Employees
31
The staff is well trained, with 24 sworn officers being fully state certified. Department
equipment includes the following vehicles:
t
1991 Chevrolet
1988 Ford
1988 Ford
'
1989 Ford
1989 Chevrolet
(3) 1990 Chevrolets
*Value prior to depreciation.
Value $13,200*
Value $11,566
Value $14,931
Value $12,426
Value $12,000
Value $13,108 ea.
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j
vidd:
II
UK
A K I
C 'EAOH -K
W)." CARTERET COUNTY
ATL.OMC OCEO
B
NEW ROUTE, THIRD BRIDGE TO BOGUE BANKS, CARTERET COUNTY.
CONSTRUCT NEW BRIDGE AND APPROACHES, WEST OF MOREHEAD CITY,
CROSSING BOGUE SOUND. I *
MAP 4
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(2) 1990 Chevrolets Value $13,500 ea.
(2) 1992 Ford Tauruses Value $14,500 ea.
(2) 1993 Ford Crown Victorias Value $13,100 ea.
The police department has demonstrated that current service is adequate to
accommodate the town's needs. The 1992 number of police per 1,000 year-round residents
was 16. This is well above the state municipal average of 1.5 officers per 1,000 persons.
However, the number of police per 1,000 of total 1992 peak population was 1.3.
8. Fire/Emergency Services
Atlantic Beach maintains a full-time staffed fire and rescue department which includes
the following employees:
Fire Chief 1
Shift Supervisors 3
Fire Equipment Operator II 6
Inspector/Relief 1
Secretary 1
Total Employees 12
The full-time fire department staff is supported by 18 volunteer firemen. Fire
department equipment includes the following vehicles:
1991 Ford F350 Utility Truck Value $ 20,000*
1992 Chevrolet Caprice Station Wagon Value $ 18,000
1991 KME Telesquirt Fire Truck
Value $210,000
1990 Ford F700 Utility Truck
Value $ 39,000
1983 Ford Pumper
Value $167,000
1986 Ford Station Wagon
Value $ 12,000
1984 Ford Ambulance
Value $ 51,000
1977 FMC Pumper
Value $145,000
1987 Seagrave Ladder Truck
Value $250,000
1987 Ford Ambulance
Value $ 51,000
*Value prior to depreciation.
Atlantic Beach also participates in a fire protection mutual aide agreement with Salter
Path, Pine Knoll Shores, Emerald Isle, and Morehead City. The fire department has an
Insurance Safety Organization (ISO) rating of 5. The rating will be higher when the west end
of Atlantic Beach is adequately serviced with fire hydrants. Fire protection and rescue services
have been adequate to fully accommodate the town's needs.
9. Recreation
The town has only one non -shoreline related recreational site, a small unimproved park
located on Smith Stacy Street. The 1988 land use plan identified 50 public beach access sites.
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However, only one site was an improved site -- a boat ramp located on Moonlight Drive. The '
other 49 sites were pedestrian access points located at the end of street rights -of -way. In 1992,
the town constructed a regional beach access facility. The site was located on West Atlantic '
Boulevard, immediately west of the Circle area. State shoreline access funds were utilized to
construct the facility, which included the following: outdoor shower, bath house, gazebo,
paved parking, bike rack, picnic tables, handicapped access ramp, and lighting. The total grant '
amount, including state and local funds, was $353,750. While the primary purpose of the
access facility is to improve pedestrian shoreline access, the site has significantly contributed
to the redevelopment of the Circle area. An additional regional access site located at the end '
of New Bern Street was constructed in 1989, at a cost of $81,436.00. This site includes
streetside paved parking, lighting, handicapped ramp, bath house, outdoor showers, gazebo,
swing set, see saw, boat, and a bike rack. Other recreational opportunities include three '
privately -owned fishing piers, numerous privately -owned tennis courts and swimming pools,
and the Fort Macon State Park located east of Atlantic Beach. Atlantic Beach does not employ '
any recreation personnel, except for lifeguards during the summer season.
10. Electrical Distribution '
The majority of Atlantic Beach is provided electrical service by CP&L. A small area
in the west end of Atlantic Beach is provided service by the Carteret -Craven EMC. The town ,
has never experienced any "major" power shortage problems or "brown -outs".
11. Cable Television '
Cable television service is provided by Vision Cable and by Cable Vision. Vision
Cable provides service to approximately 2,400 residential and commercial customers in Atlantic ,
Beach. The contract for service was reapproved for an additional 15 years in July, 1993.
Cable Vision provides service to three condominium complexes in Atlantic Beach (A Place At
The Beach, Seaspray, and Southwind). ,
12. Administration
Atlantic Beach operates with a Council -Manager form of government with a full-time
town manager. The Town Council is supported by a planning board and board of adjustment.
The following provides a summary of all administrative, inspections, and public works '
personnel:
Administration
'
Town Manager
I
Town Clerk
1
Planner
1
'
Tax Collector
1
Accounting Clerk
Office Assistant
1
1
'
Total Employees
6
J
I-53 1

Buildins Insnections
Director of Inspections
1
Building Inspector
1
Secretary
1
Office Assistant
1
Total Employees
4
Public Works
Public Works Director
1
Water System Supervisor
1
Street/Sanitation Supervisor
1
Water Technician II
1
Water Technician I
2
Billing Clerk
1
Equipment Operators
3
Crew Leader/Driver
1
Sanitation Driver
1
Laborer II
2
Laborer I
1
Total Employees
15
The town's administrative capabilities have been adequate to accommodate operational
needs. If a sewage treatment system is constructed, additional public works personnel will be
required. >
I-54

[J
F. DEVELOPMENT CONSTRAINTS: LAND SUITABILITY ,
1. Topography/Geology '
Atlantic Beach's elevation ranges from sea level to 45 feet above sea level in the
primary dune area. Most of the town's land is completely flat, primarily the result of areas of ,
Bogue Sound which were filled for development. The dune areas are mostly 10 to 20 feet in
elevation. The highest elevation in a developed area is approximately 20 feet above sea level.
This occurs in the residential area located immediately east of the Circle. Except for the dune ,
area, slopes throughout the town are normally in the zero to eight percent range. Within the
dunes, slopes of up to 30 percent occur. The steepest slopes are found in the Beaches-Newhan,
Fripp fine sand, and Newhan fine sand complex soils. The soils associations are provided on '
Map 5.
Carteret County is underlain by an eastward -thickening wedge of sedimentary deposits ,
of Pleistocene age, ranging from 2,000 feet thick in the northwest portions of the county to
almost 7,000 feet thick beneath the easternmost sections of offshore strand. Because of the '
depth of the surficial sand/silaceous deposits, little is known of the composition of underlying
deposits. Well logs indicate that shell fragments and calcareous material are consolidated into
a limestone at a depth of less than 120 feet west of Morehead City, and at increasing depths '
further eastward. Microfossils obtained from some well samples indicate that the uppermost
consolidated limestone is probably part of the Yorktown formation.
In the Atlantic Beach area, two aquifers are relied on for water supply. These include '
the Yorktown and the Castle Hayne aquifers. Water supply wells have been constructed to
penetrate both aquifers. The Yorktown aquifer is contained within the sands, shell hashes, and ,
limestones of the Miocene sediments, while the Castle Hayne aquifer is located in the
limestones of the Oligocene and Eocene ages. The water supply is noted for its hardness.
Calcium carbonate ranges from 200 to 350 parts per million. Care must be taken by the town '
to ensure that heavy drawdowns will not allow salt water intrusion. Therefore, wells are not
permitted to pump more than 600 gallons per minute.
Because of the potential for salt water intrusion, approximately 2,500 square miles of
the Castle Hayne aquifer, including the portion underlying Carteret County, have been
designated as a capacity use area by the N. C. Groundwater Section due to large (68 MGD in '
1986) groundwater withdrawals by the Texas Gulf phosphate mine near Aurora. A capacity
use area is defined as an area where the use of water resources threatens to exceed the
replenishment ability to the extent that regulation may be required. '
Salt water is present in the eastern portion of the Castle Hayne aquifer. The top of the
salt water ranges from 250 to 800 feet below ground surface. There does not appear to be any '
impermeable strata separating the fresh and salt water. The U. S. Marine Corps base at Camp
Lejeune in Onslow County, the Town of Wrightsville Beach in New Hanover County, and the '
Texas Gulf mining operations in Beaufort County have witnessed increases in chloride
concentrations in groundwater which had been fresh water. Salt water intrusion will continue
to be a serious problem confronting the town. '
I-55 ,

1 I _
1CL
_
CL
CL L �,
BOGUE SOUND \
CL
1 EXTRATERRITORIAL JURISDICTION —
// CLI \ (\11
/ — I
BOGUE SOUND — / Nc CL
/ C l�
i _
/ CL I i NcI IV- Cu N Du �.
Du
1 �=i , • •._ E I v I-�- IMODE MEE CPEEN �.-•�
�-` �• _-•+`_ , ,car Eaa[ a¢N 1 .< r _— f� •1.�1
hC1 DuII
—
i
Cu I I— N I
1
- I e•
-I'
Nc I
bn
•I•
I.
.I.
.1.
•,B
I 0
, n :I' C
1 ATLANTIC OCEAN
1 EXTRATERRITORIAL JURISD;CTION
LEGEND
a
Bn
Beaches-Newhan complex
CH
Carteret sand, frequently flooded
o
CL
Carteret sand, low: frequently flooded
-
Co
Corolla fine sand
Cu
Corolla - Urban land complex
- _
TOWN OF ATLANTIC BEACH
�
Du
Duckston fine sand, frequently flooded
-
ROGUE SOUND
Fr
. Fripp fine sand .
SCALE r• - 200•
0. 100. 300_500. 000•
Nc
Newhan-Corolla complex
EXTRATERRITORIAL JURISDICTION
Nd
Newhan fine sand, dredged
HD*r En[r
_
I
EXISTHISTING FROPCOM
ING m&p
EIIS TIHG M�VS, MT TAOH �H aCTU�I, SY„vCY,
AM TLIAI, VAV C .
Ne
Newhan-Urban land complex
DISTANCES AMC ♦EEN03, HOT TO SC VSCO TOP, n7U.
�.`
-I •'I""""
�
Nh
Newhan fine sand
SOILS MAP
,,
•,,,
- - "_
THE PREPARATION OF THIS MAP WAS FINANCED IN PART
, „
THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA
-1=" =i" "":
COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS
••
_
PROVIDED BY THE COASTAL ZONE MANAGEMENT ACT OF
• MAP 5
1972, AS AMENDED, WHICH IS ADMINISTERED BY THE
OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, J
I • _ r NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
_, . r ,ter
I_........I•,; - _ �� — -CLy. N CL Cu
.L:.I , I n I. .i.u' I , -rr-- �a� `�_� I-- 5� : �.. �� , e► em s \ � � - � � — CL
_,�r-..�.���J.1���A��r��—�,''i. 11Y I'- a��3•i "[i. YN JL ULL 0u, •!
GIL
_ ., I
L,
' '-',�.'. ,W.. .I_.....I. :11 _{[•rL�iT.-1_i JIB• ,iF
„n ....Nh
..
ii i(1-�Y^� I i � ar{. J• _
<
77
LL...I • - el ,i
°I I r, "1"I ,t,�.. � .. 1 i � i i i M;rl i i �` 'I'i ., �'-�•I��;?, 'r-�'.� —^i^ � ".� .<ur 1 C� � � x
_
_
_ y
I -
1.
I'I •r ���,,�^�� I (' • i I
""�-I•I.,,I.I, I'I'Ijl� I' I I i,:=�_:-'`=,..�� `n -��I�•�_�_I_i:,:,-I� _I�I_ Y` a�.•• _ F:fl;f fll_ - Q• i NhN
;I �4#Nh I ;
�I
ATLANTIC OCEAN ATLANTIC OCEAN
I-56
EXTRATERRITORIAL JURISDICTION

I
1
1
The United States Geological Survey would be willing to undertake a two to three-year
study of the limestone aquifer in Carteret County if requested to do so by the Carteret County
Board of Commissioners or one or more of the county's towns. The cost would be shared
50% by the federal government and 50% by local govemment(s). The cost of the study could
be $500,000 or higher, depending on time and drilling demands. Information from this study
would be extremely useful in determining optimum locations for future water wells, and
estimating whether or not the groundwater supply within Carteret County will meet demand
throughout the planning period.
2. Flood Hazard Areas
Approximately 50% of Atlantic Beach lies within the 100-year floodplain. The flood
hazard areas are shown on Map 6. However, the greatest threat is flooding resulting from
storm surge. The majority of Atlantic Beach's land area lies below ten feet above mean sea
level and is potentially subject to flooding.
The greatest storm surge impact will occur from hurricanes. Map 7 shows the general
areas of Atlantic Beach which may be affected by hurricane -generated storm surge. Almost
all of Atlantic Beach would be flooded by a Category 2 storm. A Category 3 storm would
inundate all of the town except for the west end. A Category 4-5 storm would flood the west
end. The various categories of storm surge areas are defined as follows:
' Category 1. Winds of 74 to 95 miles per hour. Damage primarily to shrubbery, trees,
foliage, and unanchored mobile homes. No appreciable wind damage to other
structures. Some damage to poorly constructed signs. Storm surge possibly 4 to 5 feet
' above normal. Low-lying roads inundated, minor pier damage, some small craft in
exposed anchorage tom from moorings.
' Category 2. Winds of 96 to 110 miles per hour. Considerable damage to shrubbery
and tree foliage; some trees blown down. Major damage to exposed mobile homes.
Extensive damage to poorly constructed signs. Some damage to roofing materials of
' buildings; some window and door damage. No major wind damage to buildings.
Storm surge possibly 6 to 8 feet above normal. Coastal roads and low-lying escape
routes inland cut by rising water 2 to 4 hours before arrival of hurricane center.
' Considerable damage to piers. Marinas flooded. Small craft in unprotected anchorages
torn from moorings. Evacuation of some shoreline residences and low-lying island
areas required.
tCategory 3. Winds of 111 to 130 miles per hour. Foliage tom from trees; large trees
blown down. Practically all poorly constructed signs blown down. Some damage to
' roofing materials of buildings; some window and door damage. Some structural
damage to small buildings. Mobile homes destroyed. Storm surge possibly 9 to 12 feet
above normal. Serious flooding at coast and many smaller structures near coast
' destroyed; larger structures near coast damaged by battering waves and floating debris.
Low-lying escape routes inland cut by rising water 3 to 5 hours before hurricane center
' arrives. Approximately 70% of Atlantic Beach could be flooded.
I-57

1 -
_ LEGEND
ZONE
A AREA OF 100-YEAR FLOOD; BASE FLOOD
ELEVATIONS AND FLOOD HAZARD FACTORS
_ NOT DECERNMNED.
V yVELOOCIAS Y (OWAWAVAE ACOASTAL TIO ); BASE FLOOD WITH
. _ � � / (/ ,ry- ,_ li -I 1 -'I. '- "'•1•'• •"r' :: ROGUE SOUND ELEVATIONS ANDFLOOD HAZARD FACTORS
NOTDEIER�fINED.
TOWN OF ATLANTIC BEACH
suLe r , zoa•
ROGUE SOUND
0' 100' 000• Saw 1000•
` . _....
� :. sa aaa- .aa
�-
EXTRATERRITORIAL JURISDICTION '� % -� s'
mart: rw.s w•v r•s •+cv.veo r+a...r.orow•v.s u.0
�y ? � taisnwc w•rs.
EXTRATERRITORIAL JURISDICTION ors r.wcSs.a M T •r.•ax. Wr ro s[ us(o rL.
�,:: • � . _ - - �
REPARATION OF THIS MAP WAS FINANCED IN PART D HAZARD mAp
THE P T PROVIDED BY THE NORTH CAROLINA
FLOG
_ THROUGH A GRAN
y ✓ l I COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS
PROVIDED BYTHECOASTALZONEMANAGENIENTACTOF
1972. AS AMENDED, WHICH IS ADMINISTERED BY THE MAP
OCEAN AND COASTAL RESRCE MANAGEME
NATIONAFFICEOLOCEANIC AND ATMOSPHERIICADMINISTRATIONNT•
AZON-%I'-!.,LI": _ .,..i, _ 'Isi' �,: I— aa,,. ,•... — r
' rn •ti!(�;-il �I • •I. _ I_ I 'sl � / Y"' — I � - ��� :+�'� : q'� i _` r' .,rr. — '"` � J� � I s� �
:ice• •, -.: ;` I I.I. A ZONE 1 /'I -i „>_ - I i .,L!J1i� :J!!�.�Jl ti.l.l, IJLI]• ..... I:.: ~��',�', 'T '' •Y ` �''S'A®�..-� .• - _ " I C�
r � I I ' _ I „ �... .Lid 1' �� max , _ ✓ u+• �. y 1
_A ZONE - -} ' - A LON
_ r ;K -
I at
�'. .. f I^ 1 � .. - 1 " '::-i�l�' I 7' I i I . .I i a:'-'- 'i. _ _ 1j �� •-�'-.��. r"" � ,y' mil._ �I�
. 1 - ..;.I :_ .. •. - I_I .I.LI•�. � �'" ,. __ 1 I,�� � �Iminunu��� � � u .I I r / \�
NEI��'....'.I .I:..�.. �..LL.I 'Lu�.'..I� L I I I (���•�• _ y _
/'Lj Its-•!•-. .-.i__. J itl� �1 'ii"I'I _ _ .- -- 'I'I'I•I'III1 r•
ZEE
�h. -'aTiS ,1---•Y' ' i- ...1'«L .�L'1.� �_e r�r .. C,-�`:i._.Ty. rt •I - '^.Y. =I
©fla�';• I, .L_1- '\� ♦ .LI,.jL;.L. I.L1T�•i•'271. I.i.;.p;,l.l'I. /p=__•`�.� .era_.. _ _GI .i I — --
� ..7, . , ..;�-; Y-Ll. 1 ! 1 � •---' I I I ,I,i ,I i.l.l.' .;. I i --.-'-:i�`�,,;� 'b' I- - •^ s=—.—"-- - - _ - - .yi 1
•-1 �--,.�:,, .I.I• I•I• /s � - :.- .�. •I.14• .,.. � 'I .i.-I--�'.::, ,:�... .r�� _-r-�. ....�,-�;�r;..:��� -, I �A ZO --- i � _� `� 1 .I. QI. .. �.. ..... .... � .LI q .ILI ..I. "I•I' _ �_ , i _ I'I �'i'I• I -I • II �-i-CY I I I i r 1 L-Lf f•� f I i .•I. La.�,�1• � � ' I .I J n 1 . I. a �.I . .I II. i .L,, .la I ..'.. I (I a I I.I'li-•� ..,-,-, ..�_ .I. I - - ;, i• :
WE
ri .L .�..LI I I I•- 7 —'--� I I I" I i s ;.
I ���� �'' V ZONE V ZONE 11 1 - -+ I
V ZONE
ATLANTIC OCEAN ATLANTIC OCEAN
' ATLANTIC OCEAN
' EXTRATERRITORIAL JURISDICTION '
EXTRATERRITORIAL JURISDICTION
I-58
1

ta•
Ilia prepparallon of this map was financed
In part Ilnrough a grant provided by the
Norlh Carolina Coaslal Management
Program, througgh funds provided by the
Coastal Zone Managemenl Act of 1972, NUIE: This map may not be
as amended, which Is administered by the used for exact locations.
Office of Ocean and Coastal Resource In -field verifications of
Management, National Oceanic and flood hazard areas are
Atmospheric Administration. required.
U
�— LEGEND
L1 CATEGORY 1-2 SURGE AREA
CATEGORY 3. ADDITIONAL SURGE AREA
CATEGORY 4-5 ADDITIONAL SURGE AREA
SCALE
0 W!
TOWN OF ATLANTIC BEACH
GENERAL DELINEATION
FLOOD HAZARD AREAS
MAP 7

I
1
i
H
1
n
F
Category 4. Winds of 131 to 155 miles per hour. Shrubs and trees blown down; all
signs down. Extensive damage to roofing materials, windows, and doors. Complete
failure of roofs on many small residences. Complete destruction of mobile homes.
Storm surge possibly 13 to 18 feet above normal. Major damage to lower floors of
structures near shore due to flooding and battering by waves and floating debris.
Low-lying escape routes inland cut by rising water 3 to 5 hours before hurricane center
arrives. Major erosion of beaches. Approximately 90% to 100% of Atlantic Beach
could be flooded.
Category 5. Winds greater than 155 miles per hour. Shrubs and trees blown down;
considerable damage to roofs of buildings; all signs down. Very severe and extensive
damage to windows and doors. Complete failure of roofs on many residences and
industrial buildings. Extensive shattering of glass in windows and doors. Some
complete building failures. Small buildings overturned or blown away. Complete
destruction of mobile homes. Storm surge possibly greater than 18 feet above normal.
Major damage to lower floors of all structures less than 15 feet above sea level.
Low-lying escape routes inland cut by rising water 3 to 5 hours before hurricane center
arrives. Approximately 90% to 100% of Atlantic Beach could be flooded.
Atlantic Beach experiences intermittent flooding from rainfall and storm water runoff.
The soil associations shown on Map 5 provide an indication of the locations of high water
table areas. The water table depths, flooding frequency, and permeability rates are provided in
Table 14.
Flooding resulting from sea level rise may be a long-term problem. Over the last 100
years, the sea level has risen approximately one foot. Most experts agree that the rate of sea
level rise will increase over the next one hundred years. The maximum increase has been
forecast to be as much as four to seven feet. An increase of that magnitude would be a serious
problem for Atlantic Beach. Approximately 50% or more of the town could be inundated.
The impact of sea level rise has serious adverse transportation and access implications for all
of Bogue Banks. Many inland Carteret County roads could be inundated and impede access
to Bogue Banks. The rate of rise should be carefully monitored.
' In addition to transportation, sea level rise could have serious implications for the
construction of public utilities. The following excerpt from the Environmental Impact
Statement. Town of Atlantic Beach Wastewater Treatment and Disposal addresses the effect
t of sea level rise on the town's plans to construct a wastewater treatment plant and collection
system:
"The present rate of rise in sea level has been reported to be approximately
23 cm/100 years (Orrin Pilkey, Duke University, Durham, North Carolina).
Other estimates of higher rates of rise in sea level are not uncommon. Since
the life of a typical treatment plant is anticipated to be approximately 20-25
years and the life of a typical collection system 40-50 years, the present rate
of rise is not expected to significantly affect these components. Discharge is
not anticipated to be significantly affected by the anticipated rise in sea level.
' Land application sites could be significantly affected in the long run by a rise
in sea level since the number of days the water table would be at minimum
1
I-60

depth below the land surface should be reduced, thereby reducing the number
of days during which land application could be accomplished. The life of
irrigation equipment is typically 10-15 years. Irrigation equipment is moveable '
and may be relocated if necessary. The rise in sea level will have far greater
impacts on land use than on any of the three alternatives under consideration.
Artificial methods of lowering the water table could be employed at land
application sites if necessary due to problems encountered by a rise in sea
level." (Note: 23 cm is approximately nine inches.)
3. Soils '
A detailed soils survey of Carteret County has been completed by the Soil Conservation
Service. Based on that survey, there are 11 different soil associations located within Atlantic
Beach. These associations are delineated on Map 5 and their conditions for site development
are provided in Tables 14 and 15. Most soils within Atlantic Beach have some limitations to
development.
4. Man-made Hazards/Restrictions '
The only man-made hazards located in Atlantic Beach are fuel storage tanks located at
marinas and retail stores and service stations which are engaged in selling fuel. Because the '
town relies on groundwater for its supply, the underground fuel tanks could pose a threat. All
tank removal and efforts to remove ground and groundwater contamination should be
coordinated with the Groundwater Section of the N. C. Division of Environmental '
Management.
There was no offshore oil exploration or drilling underway in 1992. However, future '
exploration and/or drilling could pose a threat for the Atlantic Beach shoreline.
5. Fragile Areas '
In coastal North Carolina, fragile areas are considered to include coastal wetlands, ocean
hazard areas, shorelines, estuarine waters and shorelines, public trust waters, complex natural '
areas, areas sustaining remnant species, unique geological formations, registered natural
landmarks, swamps, prime wildlife habitats, areas of excessive slope, areas of excessive
erosion, scenic points, archaeological sites, historical sites, and 404 wetlands. While not ,
identified as fragile areas in the 15A NCAC 7H minimum use standards, maritime forests and
outstanding resource waters (ORWs) should also be considered fragile areas. While Bogue '
Sound includes some ORW areas, there are none within or adjacent to Atlantic Beach's
planning jurisdiction. Atlantic Beach's corporate limits include or are adjacent to estuarine
waters and shorelines, coastal wetlands, public trust waters, ocean hazard areas, maritime
forests, 404 wetlands, archaeological sites, excessive slopes, and excessive erosion areas. Map
8 provides a delineation of the Fragile Areas. These are areas which could easily be damaged
or destroyed by inappropriate or poorly planned development.

Table 14
Atlantic Beach
Soil Susceptibility to Flooding
Map
Depth to Seasonal
Symbol
Soil Types
High Water Table
Flooding
Permeability
% Slope
Bn
Beaches-Newhan Complex
Beach - 0 - 3.0'
Frequent
Rapid 6.3"/hr.
0-30
Foredunes - 6.0'
Rare
CI
Carteret Sand, Low
0 to 3.0'
Frequent (daily)
Rapid 6.3"/hr.
-
Co
Corolla Fine Sand
1.5 to 3.0'
Rare to Common
Very rapid 20"/hr.
-
Storm Tides
Cu
Corolla Urban Land Complex
1.5 to 3.0'
Rare
Very rapid > 20".hr.
-
Du
Duckstone Fine Sand
1.0 to 2.0'
Rare to Common
Very rapid 20"/hr.
-
h'
Storm Tides
Fr
Fripp Fine Sand
6.0'
Rare Storm Tides
Rapid 6.3"/hr.
2-30
Ch
Carteret Sand, High
1.0 to 3.0'
Frequent (monthly)
Rapid 6.3"/hr.
-
Nh
Newhan Fine Sand
6.0'
None
Very rapid 20"/hr.
2-30
Nc
Newhan-Corolla Complex
—
See ratings for individual soil —
0-30
Nd
Newhan Fine Sand, Dredged
> 6.0'
None
Very rapid > 20"/hr.
2-30
Ne
Newhan Urban Land Complex
--
See ratings for individual soil —
0-8
Source: Soil Survey of Carteret County, North Carolina United States Department of Agriculture, Soil Conservation Service.

a
w
Table 15
Atlantic Beach
Soil Associations
Degree and Kind of Limitation for Stated Use
Map
Symbol
Soil Tyoes
Dwellings
Bn
Beaches-Newhan Complex
Very severe/flooding
Cl
Carteret Sand, Low
Very
severe/flooding/wet
Co
Corolla Fine Sand
Severe/wet
Cu
Corolla Urban Land Complex
Severe/flooding
Du
Duckstone Fine Sand
Severe/wet
Fr
Fripp Fine Sand
Severe floods
Ch
Carteret Sand, High
Very
severe/flooding/wet
Nh
Newhan Fine Sand
Slight
Nc
Newhan-Corolla Complex
Nd
Newhan Fine Sand, Dredged
Severe/slope
Ne
Newhan Urban Land Complex
Streets & Roads
Very severe/flooding
Very severe/flooding/wet
Severe/wet
Moderate/flooding
Severe/wet
Moderate floods
Very severe/flooding/wet
Septic Tank Filter Field
Very severetflooding
Very severe/flooding/wet
Severe/wet '
Severe/wet '
Severe/wet '
Slight'
Very severe/flooding/wet
Slight Slight'
— See ratings for individual soil —
Severe/slope Severe/poor filter, slope
--- See ratings for individual soil —
Source: Soil Survey of Carteret County, North Carolina United States Department of Agriculture, Soil Conservation Service.
' The sandy soils are highly pervious with questionable filtering capacities. Thus, contamination of groundwater is possible.
IWI 1=1 = 1=1 = = M M = M IM = M

LEGEND
AREAS OF ENVIRONMENTAL CONCERN
W
u
9 1.
COASTAL WETLANDS
(APPROXIMATE LOCATIONS•
� • - EXACT LOCATIONS MUST Bt
I - - -•• ` � � +— DETERMINED THROUGH IN -FIELD
VERIFICATIONSOCEAN HAZARD AREAS
2.
•�"•� •'�^ �- `'�"•' -•� _ - - _�.•P ? OCEAN HAZARD AREAS ARE THOSE
•=+::" •' �' '• -'� ' ,��-- >` AREAS DEFINED BY ISA NCAC 7H
ft�-�
•--- SECTION.0000. THESE AREAS INCLUDE
ALL S, AND
FRONTAL DUNESRANDROTDHER AREAS IN WHICH
GEOLOGIC. VEGETATIVE AND SOIL
- `r-ra- -<:���:,zj;:�:, :e CONDITIONS INDICATE A SUBSTANTIAL
✓'0-POSSIBILITY OF EXCESSIVE EROSION OR TOWN OF ATLANTIC BEACH
FLOOD DAMAGE.gOGUE SOUND 0. ALL AREAS LYINGO-75'LANDWARDOFTHEMEAN SCALE I'.200'
`_'� _ - ; `A HIGH WATER LEVEL OF ESTUARINE WATERS ARE
,;:,•�= r: ;�f__�__�_ 1 EXTRATERRITORIAL JURISDICTION
CLASSIFIED AS ESTUARINE SHORELINES. BECAUSE OF o• loo• soo soo 1000'
'-^"•..• ,yts.';?%••' MAP BOGUE s-z_=-cam __4ra.-,]_>_-1 - •• _ E ACCURATELY
MAPPED.LPRECISE LOCATIONS MUS. THESE AREAS CANNOTT BE DETERMINED IN50
SOUND
THE FIELDTHROUGH CAMA REVIEWANO PERMIT
' _•.' APPROVAL
an
EXTRATERRITORIAL JURISDICTION +_ I .F-: + `v,
WATERS UNDER THE JURISDICTION OF ATLANTIC BEACH „aT[: TMIS .....+..[o r.o...oroc....s .,o
LL unn
•s' - ' 4. PUBLIC TRUST AND ESTUARINE WATERS AREAS -A
if• ;.,,: -' •• .2. [•J• e:-. - -=� - = �%:= �- •>• _ I [+.e w•, wANr r+a+ .•trv[ SURVEY.
;F• - - - or•wc[s •we •r•eoe, war TO se useoro+ nrl[.
•t•-'Z" u- , `-��•-� _ - _ °_ ;� __-_•._ �r;.�� t �f• ` ARE EITHER ESTUARINE WATERS OR PUBLIC TRUST , - - �'Z� -�-�e - = e�•--_- _[' :2F•:-' AREAS AS DEFINED BY 15A NCAC 7H.0206 ESTUARINE
• P'r• - .-N% eT• - t --- -= - _ - _ _ -�� t - 0 PUBLIC TRUST AREAS.
_ - _ ar-a_ 2. r •`- __ -_ _ : _ _ - I . � WATERS AND ,02 7 P
AREAS OF ENVIRONMENTAL CONCERN
�' ' -' • ✓~ ' HE PREPARATION OF THIS MAP WAS FINANCED IN PART
• _- •J, /`:,. t OTHER FRAGILE AREAS AND OTHER FRAGILE AREAS MAP
THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA
�: ly : y �+`' .• •-' * s ;vt l a- _r d COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS 1•
MARITIME FORESTS
PROVIDED BY THE COASTAL ZONE MANAGEMENT ACT OF Y.; %ry ;•
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BOGUE SOUND
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ATLANTIC OCEAN ATLANTIC OCEAN ATLANTIC OCEAN yl
'
EXTRATERRITORIAL JURISDICTION EXTRATERRITORIAL JURISDICTION
'
I_64 --

Ia) Coastal Wetlands
' The coastal wetlands are generally delineated on Map 8, 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 storm tides. These areas must contain at least one, but not
necessarily all of the following marsh plant species: Cordgrass, Black Needlerush, Glasswort,
Salt Grass, Sea Lavendar, Bulrush, Saw Grass, Cat -tail, Salt Meadow Grass, and Salt Reed
Grass. The coastal wetlands are vital to the complex food chain found in estuaries. They
provide marine nursery areas and are essential to a sound commercial fishing industry. 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 estuaries, sounds, bays, and salt
water shorelines. They are the dominant component and bonding element of the entire
estuarine system, integrating aquatic influences from both the land and the sea. The estuarine
waters are among the most productive natural environments within Atlantic Beach's planning
jurisdiction. The waters 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.
c) Estuarine Shorelines
Estuarine shorelines are those non -ocean shorelines that are especially vulnerable to
erosion, flooding, or other adverse effects of wind and water. They are intimately connected
' to the estuary. Estuarine shorelines extend from the mean high water level or normal water
level along the estuaries, sounds, bays, and brackish waters for a distance of 75 feet landward.
Development within the estuarine shorelines 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 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 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:
I-65

(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.
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 be determined through
in -field analysis and definition. All areas within the Town's jurisdiction which are estuarine
waters are public trust waters.
e) Ocean Hazard Areas
Ocean hazard areas consist of ocean erodible areas, high hazard flood areas, inlet hazard
areas, and unvegetated beach areas. Ocean hazard land forms include ocean dunes, beaches,
and shorelines. Ocean dunes include both primary dunes and frontal 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 equaled or exceeded
in any given space) for the areas plus six feet. The primary dune extends landward to the
lowest elevation in the depression behind that same mound of sand. 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 to offer protective
value. The dunes are essential to the protection of oceanfront areas.
Ocean beaches and shorelines are lands consisting of unconsolidated soil materials that
extend from the mean low water line landward to a point where either (1) the growth of
vegetation occurs, or (2) a distinct change in slope or elevation alters the configuration of the
land form, whichever is farther landward. The entire southern length of Atlantic Beach is an
ocean beach. The town contains ocean erodible areas and high hazard flood areas, but no
unvegetated beach area (a dynamic area that is subject to rapid unpredictable landform change
from wind and wave action). Unvegetated beach areas are only designated following detailed
studies by the Coastal Resources Commission. There are no inlet hazard areas in Atlantic
Beach.
The town's zoning ordinance includes a land protection ordinance which is designed
to preserve and protect Bogue Banks by maintaining the sand dunes and the vegetation thereon,
so as to provide a protective barrier to erosion from both wind and water. Specifically, the
ordinance provides for the following:
I-66

I
I
I
1
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I
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F7
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"Permits to alter, damage, destroy, or remove any sand dune, or any part
thereof, or any part of the vegetation thereon, may be granted by the Building
Inspector subject to the following conditions:
(a) No permit to alter, damage, destroy or remove any sand dune, or any
part thereof, or any part of the vegetation thereon,shall be granted by
the Building Inspector until said officer shall have determined as a
fact that the proposed action sought to be permitted will not weaken
the dune, or reduce the dunes effectiveness as a protection from the
effects of wind or water and that such action otherwise shall be
incompliance with this ordinance.
(b) No permit shall be issued unless at each site a minimum of thirty-five
(35) percent of the buildable area is left undisturbed in its natural
state. Buildable area does not include that are which is seaward of
the erosion setback line as determined by CAMA in the ocean hazard
regulations for areas of environmental concern or that area which is
within the primary or frontal dune as defined by CAMA regulations.
It also does not include parking areas or spaces, nitrification fields or
other impervious surfaces.
(c) No permit shall be issued for construction within the Coastal Area
Management Act setback zone on the oceanfront or within any
setback zone required by town ordinance. The areas within setback
zones must remain in their natural state.
(d) No disturbance of a site shall be done prior to the issuance of a
permit except for the most minimal of walk-through type passages.
(e) Prior to seeking other required permits, the permit required by this
ordinance shall have been finally approved and issued.
(f) Construction on each lot of a subdivision requires a separate permit
under this ordinance.
(g) Any structure wider than four (4) feet intended to provide access
across a primary dune to the ocean shall require a permit under this
ordinance and shall be by a means of access approved by the Building
Inspector. One (1) such approved means is a boardwalk on stilts
above the dune.
(h) No vehicles shall have access over the dunes except where public
access has been officially designated or where private driveways
provide direct access to a building. Unless permitted under section
1010, the driver of any vehicle found anywhere on any dune landward
of the high water mark other than as designated in this section, shall
be presumed to be in violation of this ordinance. This paragraph shall
not apply to emergency and law enforcement vehicles.
(i) No permit shall be issued which permits a lowering of the elevation
of the secondary dune ridge system."
Permits are required for all development: "Every permit application involving
a site of one (1) acre or more shall be accompanied by a topographic map with
1
I-67

four foot contour intervals as determined within six (6) months of the
application showing:
1. The existing vegetation of dunes, grass, shrubs and maritime forest
and any proposed changes to this vegetation;
2. Any proposed changes to the contours of the site;
3. Any swamp areas;
4. The mean high water line;
5. The CAMA required setback;
6. The locations, extend and elevation views of proposed construction
and its relationship to existing grounds levels;
7. Site areas to be developed as septic and drainfields, driveways,
sidewalks, parking areas, swimming pools and tennis courts; and
8. The secondary dune ridge system, if applicable."
This ordinance has been effective in helping to protect the town's dune system.
The complete ordinance may be found in Article X of the town's zoning ordinance.
f) 404 Wetlands
404 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. 404 wetlands include, but are not limited to,
bottomlands, forests, swamps, pocosins, pine savannahs, bogs, marshes, and wet meadows.
Section 404 of the Clean Water Act requires that anyone interested in depositing
dredged or fill material into "waters of the United States," including wetlands, must apply for
and receive a permit for such activities. The Wilmington office of the U. S. Army Corps of
Engineers has regulatory authority in Atlantic Beach. While there may be scattered wetland
areas located within the town, the specific locations of wetlands areas must be determined
through on -site analysis. It should be noted that in some Areas of Environmental Concern,
both the U.S. Army Corps of Engineers and the regulatory requirements of the Coastal Area
Management Act may have overlapping jurisdiction. Simultaneous to the preparation of this
plan, amendments to the federal definition of wetlands were being considered which could
reduce the areas afforded protection under the wetlands legislation.
g) Maritime Forests
Establishing a clear definition of what constitutes maritime forest areas and defining
which areas should be protected has been difficult. Generally, maritime forests are areas
containing native salt tolerant vegetation. Exposure to salt spray causes the vegetation to have
a sheared appearance that is shaped according to contours of adjacent land forms. The forests
contain laurel oak, red cedar, red bay, wild olive, Carolina cherry laurel, yaupon, loblolly pine,
sweet gum, live oak, and red maple as the dominant tree types. Areas lying within wetland
swales are classified as maritime swamp forests. The maritime swamp forest is actually rarer
I-68

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71
I
11
1
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J
than the upland maritime forest. Dominant tree types are the ash, red maple and sweet gum.
The trees grow slowly because of very low available water capacity, occasional salt water
flooding, and exposure to salt spray. The forests are important animal habitats.
Map 8, Areas of Environmental Concern and Other Fragile Areas, provides a general
delineation of Atlantic Beach's maritime forest areas. However, it is emphasized that exact
locations must be determined through in -field verification. The town's remaining intact
maritime forest areas are all located on scattered parcels north and south of N. C. 58 between
Cedar Lane and the general area of the Ocean Ridge Drive/N. C. 58 intersection.
Table 16 provides a further definition of maritime forest areas, their ecological
significance, and some basic management criteria. It should be noted that, with proper
controls, development may occur within maritime forest areas. However, development has
destroyed or damaged most of the maritime forest areas on Bogue Banks.
The preservation of maritime forests has become an increasingly significant issue in
coastal North Carolina. For a number of years, the Coastal Resources Commission (CRC) has
debated the establishment of state -imposed use standards (regulations) for the protection of
maritime forest areas. In 1990, the CRC decided to delay state action and afford local
governments an opportunity to establish regulations. However, the town had already adopted
design standards for maritime forest areas on September 21, 1978. Specifically, the design
standards, which are included in the town's zoning ordinance, require the following:
General Design Standards: In maritime forest areas, the development shall be designed so
as to protect and enhance the continuing growth of the remaining undisturbed areas. In
doing so, the following general objectives shall be addressed:
(a) Structures shall be oriented, when feasible, so as to protect the remaining maritime
forest from wind and salt spray effects.
(b) Streets and driveways, pedestrian ways, parking areas, utilities easements, and
waste treatment facilities shall be designed so as to minimize effects of wind and
salt spray on exposed maritime forests.
(c) The developer may be permitted to leave portions of the rights -of -way of interior
streets or driveways uncleared of maritime growth, where consistent with vehicular
and pedestrian safety and requirements for access by emergency vehicles.
Specific Design Standards:
(a) An undisturbed buffer zone thirty-five (35) feet in width shall remain on that
portion of a development abutting streets or highways, except where it is
necessary to clear the same for access to the development. This requirement does
not apply to interior streets or drives within the development.
(b) A buffer of undisturbed vegetation ten (10) feet in width shall remain on all
boundaries with adjoining property owners, unless the development consists of
multiple occupancy or commercial uses and adjoins an existing single-family
residential subdivision, in which case the buffer shall be twenty-five (25) feet in
width.
I-69

Table 16
Maritime Forest Area
Definition, Function and Management '
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Source: Protectine Maritime Forecast Through Planning and Design, Division of Coastal '
Management, North Carolina Department of Environment, Health and Natural ,
Resources.
11
I-70

(c) A buffer thirty-five (35) feet in width shall remain on any boundary of a
development fronting on navigable water, but provided, however, that this
requirement may be modified or waived if such boundary is bounded by
contiguous salt marsh; and provided further, that the undisturbed buffer
' adjoining such waterway may be cleared for up to sixty (60) percent of its
length for purposes of access and for water -related uses.
(d) An area equal to thirty-five (35) percent of that portion of any tract or
' parcel of land being developed which is, in fact, covered by maritime forest
shall be left in its undisturbed state.
(e) Pedestrian walkways may be permitted within the undisturbed area of
maritime forest if designed so as to leave the overhead canopy of maritime
growth unbroken."
' h) Slopes in Excess of 12%
In Atlantic Beach, slopes of 12% or greater are normally found only in the frontal ocean
dune areas. Development in the frontal dune area is either prohibited or tightly regulated by
both CAMA regulations and the town's land protection ordinance. However, some scattered
slopes in excess of 12% do exist in the areas with the following soil types: Fripp fine sand,
Newhan fine sand, and Newhan Corolla. Excessive slopes are not a deterrent to development
in Atlantic Beach.
ti) Excessive Erosion Areas
' Excessive erosion areas include ocean and sound erodible areas. Permanent construction
within those areas should be limited unless stabilization along the affected shoreline can be
accomplished. 15A NCAC 7H minimum use standards prohibit permanent stabilization of
' ocean shorelines. Erosion has not been a serious problem along the Bogue Sound shoreline.
Numerous spoil projects performed by the U. S. Army Corps of Engineers as a result of
dredging projects around the State Port have preserved the Atlantic Beach ocean shoreline.
' The sand utilized for the spoil was obtained from dredging projects in Beaufort Inlet and
Bogue Sound.
' j) Historic and Archaeological Sites
' There are no identified nationally or regionally significant historic or archaeological
sites within Atlantic Beach. Fort Macon, a significant Civil War fort, is located adjacent to
the town's eastern corporate limit line. A historic marker is located adjacent to the Atlantic
' Station Shopping Center, which describes a nearby location that was a landing site for Union
forces during the Civil War. The North Carolina Division of Archives and History files are
incomplete and no in-depth historical research has been conducted for Atlantic Beach. Any
' development within Atlantic Beach should be reviewed for possible impacts on potentially
significant archaeological sites and historic structures. If significant sites are identified within
the area, efforts should be made to protect them from unnecessary or avoidable adverse
impacts. Any development activity in Atlantic Beach, especially in the vicinity of the Fort
Macon State Park, should be coordinated with the Division of Archives and History.
I-71

k) Other Fragile Areas
There are no inlet hazard areas, natural resource areas, complex natural areas, or any
coastal geologic formations as defined by 15A NCAC 7H located in Atlantic Beach.
6. Areas of Resource Potential
a) Public Parks
There are no non -shoreline access public parks located in Atlantic Beach which have
regional or state-wide significance. The only. non -shoreline access park site is a small
improved neighborhood park located on Moonlight Drive. The town owns two oceanfront
regional shoreline access sites. Both the park and the shoreline access sites are discussed in
the recreation discussion, page I-52.
The Fort Macon State Park is located adjacent to the town's eastern corporate limit line.
The site has both state-wide and national historic significance. The fort was a key Civil War
stronghold, providing control over Beaufort Inlet and entrance to the ports of Morehead and
Beaufort. Atlantic Beach's extraterritorial jurisdiction does not include the park site. As
mentioned in the Existing Land Use section, the park attracts over 1,400,000 visitors annually
and has a significant impact on the town.
b) Marine Resources
The majority of the water in Bogue Sound adjacent to the Atlantic Beach shoreline west
of the Causeway is classified SA. The North Carolina Division of Environmental Management
defined SA as "waters suitable for the taking of shellfish for market purposes, primary
recreation, fish and wildlife propagation, and secondary recreation." However, the waters
within Hoop Pole Creek are classified SC and are closed to shellfishing. The waters adjacent
to the town's Bogue Sound shoreline east of the Causeway in the areas of man-made canals
are classified SC and are closed to shellfishing.
While Bogue Sound is a major fisheries resource area, there are no primary permanent
secondary or special secondary nursery areas located within Atlantic Beach's planning
jurisdiction. However, scattered subaquatic vegetation, a significant marine resource, is found
on Bogue Sound along the Atlantic Beach shoreline. All subaquatic vegetation should be
protected as an important part of Atlantic Beach's and Bogue Sound's maritime environment.
Disturbance of the vegetation is regulated through the CAMA major permitting process.
c) Agricultural and Forestlands
There are no significant agriculturally productive or commercially productive forestlands
located in Atlantic Beach. The town's maritime forest areas are discussed in the Development
Constraints: Land Suitability section of this plan. These forest areas have natural/
environmental significance but do not have any commercially productive value. The maritime
forests are situated in high value real estate areas and are very attractive for development.
I-72

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' SECTION H. PROJECTED LAND DEVELOPMENT ANALYSIS

I
1
1
A. PROJECTED DEMAND FOR DEVELOPMENT
1. Demographic Trends
Table 17 outlines estimated 1990 and projected 1998 and 2003 year-round population
for Atlantic Beach and Carteret County townships and municipalities.* Individual township
and municipal projections are based on the assumption that the relative growth rates by specific
areas will remain the same from 1990-2003 as those estimated for 1980-1990.
Atlantic Beach's year-round population is expected to increase by 55.8% by 2003. The
total increase will be from 1,958 to 3,050. This represents the fourth highest rate of growth
of all municipalities located within Carteret County. The town will contain a larger percentage
of the county's total population, increasing from 3.69% in 1990 to 4.67% in 2003. Atlantic
Beach should remain the county's second largest beach community, surpassed only by Emerald
Isle. The rate of growth will be more than twice that of the county as a whole and 1.6 times
higher than the average for all of the county's municipalities.
Peak seasonal population will continue to be a significant factor for Atlantic Beach.
The peak seasonal population and total peak population are summarized in Tables 18 and 19,
respectively. High and low scenario peak seasonal population forecasts are presented. The
high scenario forecasts are consistent with historical growth trends throughout Carteret County
and rely on the same methodology which was utilized in the preparation of the Carteret County
CAMA land use plan. The low scenario was produced through analysis of historical growth
of year-round and seasonal housing and the average occupancy rates for both. It is anticipated
that the actual Atlantic Beach peak seasonal population will fall within the high/low scenario
range. In the high scenario forecast from 1990 to 2003, the ratio of seasonal population to
year-round population will decrease slightly from 11.60 to 11.10. The anticipated high
scenario peak season population will increase from 22,713 to 33,862, 49.1%. From 1990 to
2003, the low scenario ratio of seasonal population will decrease from 11.6 to 9.8. The low
scenario peak seasonal population will increase from 20,738 to 26,710, 28.8%. With peak
population, Atlantic Beach will have the highest population of any Carteret County
municipality. It is anticipated that the peak population will occur during July.
The peak population will place a major burden on the town's ability to provide services,
especially in the areas of water supply, sewage treatment, and transportation. However, it is
the total population, including day visitors, which the town must plan for and have the ability
to accommodate. Utilizing 1992 day visitor estimates as a base, and applying an 60% rate of
growth, the day visitor population may exceed 11,700 by the year 2003**. Thus, the peak
population burden on the town on the peak day may range from a low of 41,460 to a high of
45,500.
*Coastal Area Management Act planning guidelines require that population projections prepared by the N. C. State Data
Center, Office of State Budget and Management, be utilized in projecting year-round population for land use plans from 1990-
2003.
**60% day visitor rate of growth based on 57.9*/* Carteret County peak seasonal population rate of growth 1990-2003 rounded
to 60%.
1

Township
1) Atlantic
2) Beaufort
3)
Cedar Island
4)
Davis
5)
Harkers Island
6)
Harlowe
7)
Marshallberg
8)
Merrimon
M 9)
Morehead City
N
10) Newport
11)
Sea Level
12)
Smyrna
13)
Stacy
14)
Straits
15)
White Oak (I)
Total Municipalities
Total Unincorporated Areas
Total County
Table 17
Total Year -Round Population Projections by Township and Municipality
Carteret County, 1990-2003
Municipality or Area Year -Round Population
Total
Beaufort
Unincorporated Are
Total Township
Total Township
Total Township
Total Township
Total Township
Total Township
Total Township
Atlantic Beach
Indian Beach
Morehead City
Pine Knoll Shores
Unincorporated Are
Total Township
Newport
Unincorporated Are
Total Township
Total Township
Total Township
Total Township
Total Township
Cape Carteret
Emerald Isle
Unincorporated Are
Total Township
1990
1998
2003
1990-1998
805
802
800
-0.04%
3,808
3,795
3,788
-0.03%
as 4,205
4,953
5,363
17.8%
8,013
8,748
9,151
9.2%
385
422
443
9.6%
535
567
584
5.90/0
2,237
2,473
2,602
10.5%
1,190
1,359
1,452
14.2%
646
694
721
7.4%
542
626
671
15.5%
1,958
2,656
3,050
35.6%
153
224
263
46.4%
6,046
7,262
7,928
20.1%
060
1,875
2,156
37.8%
as 10,985
11,837
12,304
7.8%
20,502
23,854
25,701
16.3%
2,516
2,972
3,222
18.1%
as 4,817
5,703
6,189
18.4%
7,333
8,676
9,411
18.3%
773
941
1,033
21.7"/6
782
886
994
13.3%
401
457
488
13.9%
1,948
2,256
2,424
15.8%
1,008
1,054
1,079
4.6%
2,434
3,565
4,184
46.5%
as 3,401
3,436
3,652
0.1%
6,843
8,055
8,916
17.7%
- 14,911
24,483
27,000
23.0%
32,662
36,328
38,337
11.2%
52,573
60,812
65,337
15.7%
Sources: North Carolina State Data Center, Office of State Planning; Holland Consulting Planners, Inc.
[1) "Unincorporated Areas" includes Town of Cedar Point, incorporated in 1988.
Percentage Chance
1998-2003 Overall 1990-2003
-0.02%
-0.07%
-0.02%
-0.05%
8.3%
27.5%
4.6%
14.2%
4.9%
15.0%
3.0%
9.2%
5.2%
16.3%
6.8%
22.0%
3.8%
11.6%
7.3%
23.8%
14.8%
55.8%
17.4%
71.9%
9.2%
3t.1%
I5.0019
58.5%
3.9%
12.0%
7.7%
25.4%
8.4%
28.1%
8.5%
28.5%
8.5%
28.3%
9.8%
33.6%
12.2%
27.1%
6.8%
21.7%
7.5%
24.4%
2.4%
7.0%
17.4%
315.1%
6.3%
7.4%
10.7%
30.3%
10.3%
35.6%
5.5%
17.4%
7.4%
24.3%

Table 18
Peak Seasonal Population Projections by Township and Municipality
Carteret County, 1990-2003
Townshio
Municipality or Area
Peak Seasonal Population
Percentage Change
1990
1998
2003
1990-1998
1998-2003
Overall 19990-2003
1) Atlantic
Total
713
954
1,105
33.8%
15.8%
54.9%
2) Beaufort
Beaufort _
2,700
3,496
3,994
29.5%
14.2%
47.9%
Unincorporated Areas
920
1,124
1.252
22.2%
11.4%
36.1%
Total Township
3,619
4,620
5,246
27.6%
13.5%
44.9%
3) Cedar Island
Total Township
208
270
308
29.6%
14.3%
48.2%
4) Davis
Total Township
422
560
646
32.8%
15.4%
53.2%
5) Harkers Island
Total Township
2,576
3,393
3.904
31.7%
15.0%
51.5%
6) Harlowe
Total Township
597
790
911
32.3%
15.3%
52.5%
7) Marshaliberg
Total Township
426
556
637
30.6%
14.6%
49.7%
8) Merrimon
Total Township
219
287
330
31.3%
14.9%
50.9%
9) Morehead City
Atlantic Beach (high scenario)
20,755
26,943
30,812
29.8%
14.4%
45.8%
Indian Beach
9,057
12,725
- 15,018
40.5%
18.0%
65.8%
Morehead City
3,755
5,071
5,893
35.0%
16.2%
57.0%
Pine Knoll Shores
6,540
9,189
10,845
40.5%
18.0%
65.8%
Unincorporated Areas
1,358
1,556
1,681
14.6%
8.0%
23.8%
Total Township
41,465
55,484
64,248
33.8%
15.8%
54.9%
10) Newport
Newport
1,289
1,917
2,310
48.8%
20.5%
79.2%
Unincorporated Areas
2,237
2,840
3,217
27.0%
13.3%
43.8%
Total Township
3,526
4,757
5,527
34.9%
16.2%
56.8%
11) Sea Level
Total Township
I04
118
126
13.2%
7.3%
21.4%
12) Smyrna
Total Township
328
426
486
29.6%
14.3%
48.0%
13) Stacy
Total Township
85
99
109
17.6%
9.3%
28.5%
14) Straits
Total Township
432
516
568
19.3%
10.1%
31.3%
15) White Oak[I)
Cape Carteret
3,246
5,073
6,216
56.3%
22.5%
91.5%
Emerald Isle
15,495
20,986
24,419
35.4%
16.4%
57.6%
Unincorporated Areas
3,966
6,115
7,458
54.2%
22.0%
88.0%
Total Township
22,707
32,174
38,093
41.7%
18.4%
67.8%
Total Municipalities
62,719
85,189
99,236
35.8%
16.5%
58.2%
Total Unincorporated Amax
14,709
19,816
23,009
34.7%
16.1%
56.4%
Total County
77,428
105,005
122,245
35.6%
16.4%
57.9%
Atlantic Beach (low scenario)
20,738
23,953
26,710
15.5%
11.5%
28.8%
Sources: Tschetter, Paul D., 'Characterization of Baseline Demographic Trends in the Year -Round and Recreational Populations in the Albemarle -Pamlico Estuarine Study Area;' Holland Consulting

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114

11
The town's population growth will be supported and encouraged by population growth
in Carteret County and in the nearby municipalities. Despite the expected decrease in the
annual growth rate over the 1990s, the population growth rate in Carteret County will still be
more than double the North Carolina rate over the next ten years. From 1990-2003, the state
population is estimated to show a 9.8% increase. The Carteret County population is anticipated
' to grow 26.8% over the same period.
1
Atlantic Beach will continue to be a high density, predominantly residential community.
1990 data indicated an average of 2.07 persons per occupied household. This relatively low
persons per household size (Carteret County 1987 persons per occupied household was 2.49)
is characteristic of a large retirement age population. If the persons per household average
continues at approximately 2.1, the total permanent year-round population at build -out should
be approximately 5,536•. This assumes 50% occupancy of all residential units for year-round
permanent population. At current growth rates, "build -out" should not occur until
approximately 2010.
2. Commercial Land Use
Atlantic Beach's commercial land use will continue to be located along the Causeway,
N. C. 58 east and west of the Causeway, and in the "Circle" area. Many of the town's
commercial structures are old and showing signs of deterioration. Renovation would
significantly improve the town's appearance. Redevelopment will improve the "Circle" area.
This municipally directed effort is discussed in the Redevelopment Issues section of this plan.
It is expected that seasonally oriented businesses will continue to be located in the "Circle" and
along the Causeway; most year-round businesses will be located along N. C. 58 west of the
Causeway and on the Causeway. It is believed that construction of a central sewer system will
encourage some town -wide commercial redevelopment.
Significant changes in the town's commercial zoning pattern are not expected. It is not
anticipated that commercial zoning will be allowed to penetrate residentially zoned areas.
Concurrent with the preparation of this plan, the town was substantially revising its zoning
ordinance. The revisions may impact commercial development by imposing new restrictions
to improve use, signage, and design standards controls. Some zoning districts were expected
to be consolidated and a new zoning map prepared.
period:
The following issues will confront commercial development through the planning
-- Increasing land values, especially if a central sewer system is constructed, will
provide a financial obstacle to commercial development.
-- Limited land is available for new commercial construction. Except for land
adjacent to N. C. 58 in the west end of town, most all commercially zoned land
is developed.
•4,599 total 1992 dwellings + 750 additional dwelling units + 2 - 2,674 dwelling units a 2.1 persons per household m 5,536.
J
II-5

-- Commercial land uses will continue to be heavily dependent upon seasonal
customers.
-- Additional marina construction probably will not occur because of a lack of
available suitable sites.
-- Redevelopment of the "Circle" will have a strong positive influence on
commercial development throughout the town.
3. Industrial Land Use
There is no industrial land use in Atlantic Beach. The Atlantic Beach zoning ordinance
does not include an industrial category. In addition, there is no vacant land remaining that
would be suited for industrial development.
4. Housing Trends
During the past ten years, an average of 55 residential building permits per year were
issued. However, that average is inflated because of the unusually large number of permits that
were issued in 1983, 1984 and 1985. The annual average for the last seven years is 35
permits. This is a more realistic indication of residential construction activity. This level of
activity is expected to remain constant throughout the planning period. The Existing Land Use
section indicated that the remaining vacant acreage could accommodate construction of
approximately 750 dwelling units. Thus, build -out of the remaining vacant acreage could occur
in approximately 2013. This is consistent with the "build -out" year of 2010 cited in the
discussion of demographic trends included in this section.
The most significant residential trend which may occur during the planning period could
be the conversion of mobile home parks to permanent residential dwelling units. If a central
sewer system is constructed, it is believed that land values will increase, and encourage higher
value usage of the areas now occupied by mobile home parks. Such conversions would have
a positive impact on Atlantic Beach's tax base, and cause the removal of many mobile homes
which were constructed before standards had been adopted requiring mobile homes to be
constructed to withstand hurricane force winds.
Most of the town's remaining maritime forest areas, approximately 50 acres of
developable land, are zoned resort residential (RR). However, approximately 16 acres of the
maritime forests have been acquired by the town for construction of a sewage treatment plant.
The RR district will allow development of the maritime forests as either year-round or seasonal
residential development. It is expected that the maritime forests will be developed during the
planning period. The town's maritime forest ordinance will regulate the development.
During the planning period, the town will encourage redevelopment and rehabilitation
in the town's older residential areas. Redevelopment of the commercial properties in the
"Circle" area should encourage rehabilitation/redevelopment of adjacent residential areas. The
town should encourage combination of smaller lots to reduce density in the central sections of
II-6

I
the town adjacent to the "Circle." Residential redevelopment will have to be accomplished
entirely with private funds.
The following problems will confront residential growth and redevelopment:
t-- Providing municipal services at levels adequate to accommodate increasing
permanent and seasonal population.
-- Providing adequate water service, including fire hydrants, to the western section
of town.
' -- Providing a central sewer system. Without a central sewer system, severe
problems with groundwater pollution and malfunctioning septic tanks will
' continue.
5. Transportation
' There are several important transportation issues which will confront Atlantic Beach
during the planning period. The most significant issue will be increasing traffic congestion on
N. C. 58. Much of the traffic is transient traffic traveling through Atlantic Beach to other
Bogue Banks communities. Construction of a third bridge connecting Bogue Banks to the
Carteret County mainland should serve to significantly decrease the transient traffic in Atlantic
' Beach. In addition, the third bridge would substantially improve evacuation of Bogue Banks
in the event of a major storm.
Streets in the Money Island subdivision do not align with East Boardwalk, Atlantic
Boulevard, and Terminal Boulevard. Inadvertently, the result is very poor traffic flow in this
area of town and poor emergency vehicle access. A solution to this problem is not readily
apparent. Most parcels in the area are developed. Substantial property acquisition, probably
through condemnation, would be required to correct the problem.
' 6. Public Land Use
' Major public land use changes may occur during the planning period. Those include
the following:
' Redevelopment of the "Circle."
Construction of a central sewer treatment and collection system.
-- Construction of a new municipal building and fire station.
' Each of these changes will have a positive impact on Atlantic Beach. However, clearly
the most important will be the construction of a central sewer system.
' The public land use having the greatest visitor impact on the town will continue to be
the Fort Macon State Park. Visitor traffic will increase, resulting in heavy traffic flow along
' N. C. 58, East Fort Macon Road.
II-7

7. Areas Likely to Experience Major Land Use Changes '
The major land use changes which occur will be the result of redevelopment. Both '
public and private resources will be required to accomplish redevelopment of the "Circle."
However, redevelopment of mobile home parks and the older residential areas will have to be
accomplished with private resources. The real key to redevelopment and land use changes in '
general within Atlantic Beach will be the construction of a central sewer system. As stated
earlier in this plan, completion of a town -wide sewer system will have a substantial impact on
property values and encourage conversion to land uses having a higher financial yield. '
In addition to redevelopment, it is expected that the remaining vacant land adjacent to '
N.C. 58 in the western section of town will be developed. This will result in utilization of the
town's remaining maritime forest areas. Current zoning is expected to remain in force,
requiring residential development of the maritime forests. ,
8. Summary
As with all Bogue Banks communities, Atlantic Beach's greatest growth issue will be '
the need for construction of a central sewer system. As a result of malfunctioning septic tanks,
groundwater pollution is an increasingly serious problem. Both residential and commercial ,
land use is being adversely affected.
In addition, the following key issues should affect growth and development throughout '
the planning period:
• The construction of a third mainland access bridge. ,
• Protecting/providing an adequate water supply.
• Providing central sewer service.
• Protecting areas of environmental concern. ,
• Continuation of the deposit of dredge spoil by the U.S. Army Corps of
Engineers on the beach. ,
• Redevelopment of both residential and commercial areas.
• Accommodating the services demand generated by an expanding year-round and ,
seasonal population. ,
• Construction of new public facilities, including a fire station complex.
• Protecting established residential areas from intrusion by non-residential land '
uses.
1

' B. PROJECTED PUBLIC FACILITIES NEEDS/AVAILABILITY
During the planning period, the demand for municipal services will dramatically
increase. From 1990 to 2000, the total peak population is projected to increase by 49.2% to
33,862. Day visitor traffic will contribute further to this population. Atlantic Beach's
' municipal services must be designed to accommodate peak seasonal total overnight population
and day visitor traffic.
' Atlantic Beach must plan for increasing its water supply during the 1990s. The average
daily water usage in July, 1991, was approximately 920,700 gallons per day, or 71% of
' capacity. On the peak day of July 4th, the system was near capacity. By 2000, the average
daily water supply demand in July may be near 1,500,000 gallons. If correct, the town's daily
capacity would have to increase by at least 200,000 gallons. The sixth well, to be located on
' the Fort Macon State Park property, should accommodate the additional demand.
Sufficient water pressure to provide adequate fire protection could become an issue.
A higher water demand will result in lower water pressure if adequate elevated storage is
provided. This potential need should be closely monitored.
' Salt water intrusion into the groundwater supply will continue to be a concern. In
eastern North Carolina, phosphate production utilizes approximately 60 million gallons of water
per day. This consumption may have a negative impact on the Castle Hayne Aquifer and
' contribute to salt water intrusion. The ability of the aquifer systems to supply groundwater to
accommodate the growth expected to occur within Carteret County should be carefully
monitored. A specific plan should be cooperatively prepared by the town to ensure the
adequacy of supply, pressure, and quality of water.
The major public facilities need confronting the town will be the construction of a
' central sewage treatment plant and collection system. As discussed in the Development
Constraints: Public Facilities section of this plan, the town was pursuing permit approval in
1993/1994 for the construction of a sewage treatment and collection system. Failure to secure
' permit approval or financing for construction of a land application system will have serious
negative environmental consequences. In the event of failure, the town would have to consider
policies allowing for the discharge of wastewater effluent into estuarine and/or ocean waters.
' In order to meet the services demands of an increasing year-round and seasonal
' population, the town should develop a new municipal/police/fire complex. Land has been
acquired north of N. C. 58 in the western section of the town. The site is approximately 16
acres in size and should adequately accommodate the town's needs.
' Minor public facilities needs will include the following:
• Elimination of remaining storm drainage problems.
• Repair of deteriorating streets in the older residential areas.
• Maintenance of shoreline access facilities.
II-9

C. REDEVELOPMENT ISSUES
Public and private redevelopment issues have been discussed repeatedly throughout this
plan. It shall suffice here to reiterate the importance of both to the town's future,
Redevelopment will be essential to achieving residential and commercial stability in many
sections of the town, especially in the older section of town located in and around the "Circle"
area. The policies contained in this plan indicate the town's support for both public and private
sector redevelopment efforts.
Another cause of redevelopment could be a major storm. Any Category 3 or greater
storm would result in substantial damage to Atlantic Beach. There would be a major loss of
both residential and commercial properties. Policies to govern reconstruction have been
included in the Post -Disaster Reconstruction Plan and Policies sections of this plan.
There do not appear to be any major infrastructure problems. The town's water supply
system is in very good condition. Both the Carteret -Craven Electric Membership Corporation
(EMC) and the Carolina Power & Light Company (CP&L) electric distribution systems are in
good repair. Atlantic Beach should discuss with both the EMC and CP&L options which may
be available for placement of utilities underground following a major natural disaster.
D. INTERGOVERNMENTAL COORDINATION AND IMPLEMENTATION
This plan was reviewed by the Carteret County Planning Department prior to
certification by the Coastal Resources Commission. This review was provided to help ensure
consistency of this plan with Carteret County's planning efforts. Intergovernmental
coordination and cooperation will continue through the ten-year planning period. This will be
essential to accomplish effective planning for public utilities, thoroughfare projects, community
facilities, housing needs, and environmental protection. The Atlantic Beach Board of
Commissioners and Planning Board will be responsible for ensuring adequate coordination with
Carteret County, Bogue Banks, and mainland municipalities, and other government entities as
may be required.
II-10

I
u
1 SECTION III. LAND CLASSIFICATION SYSTEM
1
1

SECTION III: ATLANTIC BEACH LAND CLASSIFICATION SYSTEM
The CAMA regulations require the establishment of a specific land classification system
to support the local government's policy statements. This system should reflect developing
land use patterns within the town and provide a framework to be utilized by Atlantic Beach
to identify future land uses.
' The 15A NCAC 7B requirements provide for the following land classifications:
developed, urban transition, limited transition, community, rural, rural with services, and
' conservation. In applying these classifications, Atlantic Beach should carefully consider where
and when various types of development should be encouraged. Additionally, the areas of
environmental concern requiring protection should be recognized by the land classification
' system. Each applicable land classification must be represented on a land classification map.
(See Map 9, Atlantic Beach Land Classification Map.)
'
The following land classifications will apply within Atlantic Beach's jurisdiction:
DEVELOPED AREAS included in the developed land classification are currently urban
in character, with no or minimal undeveloped land remaining. Municipal types of
'
services, with the exception of central sewer service, are in place or are expected to be
provided within the next five to ten years. Central sewer service should be provided
within the planning period. Land uses include residential, commercial,
'
public/semi-public, and other urban land uses at the following densities which are
prescribed by 15A NCAC 7B:
• 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.
Atlantic Beach was well above these urban densities in 1992, having an average
'
town -wide residential density of approximately 7 dwelling units per acre.
In Atlantic Beach, the developed classification is subdivided into the following
sub -classifications:
• Developed Residential (DR) - This classification includes areas utilized for
residential development. The classification encompasses all of Atlantic Beach's
residential zoning districts, which are RA-1 (including RA-1.5, RA-lM and RA-
3M), RA-2, RA-3, and RR (resort residential). The RA-1 zoning district is the
'
only district which is purely a single-family residential district. The RA-2
district allows single-family to four -family structures per parcel. Both the RA-3
'
and RR residential districts allow moderate to high density residential
development. The overall average residential density within Atlantic Beach is
seven dwelling units per acre. The zoning districts range on average dwelling
units per acre of approximately five for the RA-1 district, to 12 in the RA-3
'
district. Specific districts and densities in the various sections of the town are

dictated by the Atlantic Beach Zoning Ordinance. All municipal services are
'
provided within the developed residential classification.
• Developed Commercial (DC) - This classification includes areas which are
utilized for commercial development. Specifically, the following Atlantic Beach
zoning districts are located in the developed commercial land classification: RC
(Resort Commercial) and GB (General Business). Planned unit developments,
'
including residential usage, may be allowed in both districts as a special use.
All developed commercial classifications are found along West Fort Macon, the
'
Causeway, the "Circle" and a small area along West Fort Macon Road. Almost
all developed commercial classified land has been developed Any significant
new development within the classification will be the result of redevelopment.
'
All municipal services are available within the developed commercial
classification.
URBAN TRANSITION (UT) - The urban transition classification includes areas which
are presently vacant but which may be developed within the ten-year planning period.
'
All urban transition classified areas are located north and south of West Fort Macon
Road between the area of the Pepper Tree Resort and the intersection of West Fort
Macon Road and Ocean Ridge Drive. All urban transition classified land was zoned
'
resort residential in 1992. The purpose of the resort residential zoning district is to
provide areas which due to their location, natural features and access, have an extremely
high potential for both permanent and tourist types of residential development. The
,
zoning district allows single-family, two-family, townhouses, apartments, and
condominiums at densities ranging from approximately five to 12 dwelling units per
acre. The urban transition classification includes the town's remaining undeveloped
'
maritime forest areas. Development of those forests is regulated by the maritime forest
areas section of the town's zoning ordinance.
'
CONSERVATION (C) - This classification includes areas within Atlantic Beach's ,
planning jurisdiction which are zoned RS (Recreational Sound). The principal use of
land within this district is for recreational purposes only. Uses are limited to boat lifts
(not to include roofs), boat ramps, bulkheads and other shoreline stabilization, docks ,
(not to include roofs), mooring piles, navigational markers, piers (not to include roofs),
public water accesses, and utility lines. All of the canals, creeks, ponds, waterways,
channels, sounds and other bodies of water within the municipal limits of the Town of '
Atlantic Beach and the extraterritorial jurisdiction of the Town of Atlantic Beach to
include all islands not presently zoned, as located on the north side of Highway 58 and
extending from Pine Knoll Shores to Fort Macon State Park, are zoned and classified '
as RS recreational sound district. The following 15A NCAC 7H designated areas of
environmental concern and "404" wetlands are included in the conservation ,
classification:
• Coastal Wetlands: This classification includes all areas of salt marsh or other '
marsh subject to regular or occasional flooding by tides, including wind tides.
III-2 '

1
1
CI
However, tidal flooding is understood not to include hurricane or tropical storm
tides. The existence of coastal wetlands must be determined by the Division of
Coastal Management. Development which meets the minimum use standards
of 15A NCAC 7H, Atlantic Beach zoning, and the policies contained in this plan
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 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. Except for maritime forest areas, uses
consistent with Atlantic Beach zoning ordinance, the policies contained in this
plan, and the 15A NCAC 7H minimum use standards shall be allowed in
estuarine shoreline areas. Within maritime forest areas, minimum design
standards specified by the town's zoning ordinance shall apply which exceed
15A NCAC 7H minimum use standards.
• Estuarine and Public Trust Waters: All public trust areas and estuarine waters
are included in this classification. All waters in Atlantic Beach'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. Except for
floating structures and private signs, uses permitted by the policies contained in
this plan, the Atlantic Beach zoning ordinance, and 15A NCAC 7H shall be
allowed.
• Ocean Hazard Areas: This classification includes all ocean hazard areas.
These areas include lands along the Atlantic shoreline where, because of their
special vulnerability to erosion or other adverse effects of sand, wind and water,
uncontrolled or incompatible development could unreasonably endanger life or
property. These areas include beaches, frontal dunes, and other lands with
excessive erosion or flood damage. Development shall be permitted which is
allowed by the policies contained in this plan, the Atlantic Beach' Zoning
Ordinance, and 15A NCAC 7H.0306. The Atlantic Beach zoning ordinance
includes land protection regulations which specifically address the protection of
sand dunes and the vegetation thereon.
• 404 Wetlands: This classification includes areas of 404 wetlands which meet
the wetlands definition contained in Section 404 of the Clean Water Act. Only
uses consistent with the policy statements section of this plan and the Atlantic
Beach Zoning Ordinance will be allowed. These areas are not delineated on the
Land Classification Map. Specific locations must be determined in the field by
representatives of the Wilmington office of the U. S. Army Corps of Engineers.
The town concurs with the U. S. Army Corps of Engineers' standards and does
not intend to develop more restrictive standards.
III-3

LEGEND
DEVELOPED RESIDENTIAL
■ DEVELOPED COMMERCIAL
UT' URBAN! TRANSITION
® CONSERVATION
BECAUSE OF MAP SCALE, THE CONSERVATION
AREAS CANNOT BE ACCURATELY MAPPED. PRECISE
LOCATIONS MUST BE DETERMINED IN THE FIELD.
PINE KNOLL SHORES
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 ADMINISTRATION.
».1-1 .,.
ATLANTIC 0Cf-:,:I
�'
v' _ UT
-Y� UTbR - T`
UT
bR I®
EXTRATERRITORIAL JURISDICTION
50i.
L
UT
M'
L
IT I = UT
TOWN OF ATLANTIC BEACH
0• loo' !00 too- 1000
50200' +00'
NOTE. THIS MAP WAS PREPARED FROM PHOTOGRAPHS
AND EXISTING MAPS. NOT FROM AN ACTUAL
SURVEY. DISTANCES ARE APPROXIMATE.
LAND CLASSIFICATION MAP
MAP
0
0
III-4

0
l /All*�,
0
ROGUE SOUND
i
QEXTRATERRITORIAL JURISDICTION
�I THE PREPARATION OF THIS MAP WAS FINANCED IN PART
THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA
UU 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,
TI
ATLANTIC OCEAN
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA ON.
OIL ]w� 0
i
i
LEGL-yLQ
DEVELOPED RESIDENTIAL
. DEVELOPED COMMERCIAL
URBAN TRANSITION
® CONSERVATION
BECAUSE OF MAP SCALE, THE CONSERVATION
AREAS CANNOT BE ACCURATELY MAPPED PRECISE
LOCATIONS MUST BE DETERMINED IN THE FIELD.
EXTRATERRITORIAL JURISDICTION
TOWN OF ATLANTIC BEACH
T Ioo' _0o 500 000,
�o z00 A00
NOTE THIS MAP WAS PREPARED FROM PHOTOGRAPHS
AND EXISTING MAPS. NOT FROM AN ACTUAL
SURVEY. DISTANCES ARE APPROXIMATE.
LAND CLASSIFICATION MAP
MAP 9
Aar
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ATLANTiC OCEAN

u
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1 SECTION IV: ATLANTIC BEACH POLICY STATEMENTS
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ISECTION IV. ATLANTIC BEACH POLICY STATEMENTS
A. INTRODUCTION TO POLICY STATEMENTS
All policy statements included in this section are intended to provide growth
management and protection to the town's assets. The policy statements must respond to the
needs of and issues in Atlantic Beach. In addition, the policy statements must respond to the
requirements of the Coastal Resources Commission as defined by 15A NCAC 7B.
The policy statements are extremely important and have a day-to-day impact on
businesses and individual citizens within the town. The statements have an impact in three
areas:
' CAMA minor and major permitting as required by N.C.G.S. 113A-118 prior to
undertaking any development in any area of environmental concern.
• Establishment of local planning policy.
• Review of proposed projects requiring state or federal assistance or approval to
determine consistency with local policies.
' For the issuance of CAMA permits within areas of environmental concern, the state
defines minimum acceptable use standards which are defined by 15A NCAC 7H. The current
7H minimum use standards are attached as Appendix II. It should be noted that the 7H
standards are frequently modified, and the reader should consult the current use standards. A
local unit of government must adopt policies which are, at a minimum, equal to and consistent
with the state's minimum use standards. A local unit of government may adopt policies which
are more stringent than the minimum use standards. For example, the state standards allow
bulkheads within estuarine shoreline areas if some minimum conditions are met. Atlantic
Beach could adopt a policy specifying that bulkheads in estuarine shorelines will not be
constructed. If this policy were adopted, a CAMA permit for bulkhead construction on an
estuarine shoreline would not be issued.
rThe second area of land use plan application is that of establishing policies to guide the
jurisdiction's local planning. This may apply both within areas of environmental concern
' where CAMA regulations apply and in non-CAMA regulated areas of the town. Under North
Carolina legislation, land use plans are not regulatory controls. Non-CAMA related
recommendations must be implemented with local land use ordinances such as zoning or
' subdivision ordinances. If a land use plan recommends that the average residential density
should be three dwelling units per acre within a particular area, then that density must be
achieved through a local zoning ordinance or other regulatory control. (This should not be
confused with the interaction of the land use plan with the CAMA regulations and 15A NCAC
7H minimum use standards.)
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The final area of application is that of "Consistency Review." Proposals and
applications for state and federal assistance or requests for agency approval of projects are
normally reviewed against a jurisdiction's land use plan to determine if the project is consistent
with local policies. Inconsistencies of a project with local policies could serve as grounds for
denial or revision of a project. If Atlantic Beach cannot succeed in the construction of a spray
application sewage treatment plant on Open Ground Farms, it is unlikely that the town would
succeed in developing a sewage treatment system dependent upon estuarine water or ocean
discharge unless the policies contained within this plan specifically support such discharge.
The Coastal Resources Commission requires all governments to specify stated
development policies under each one of five broad topics which include: resource protection;
resource production and management; economic and community development; continuing
public participation and storm hazard mitigation, post -disaster recovery, and evacuation plans.
To develop the following policies, alternatives were considered by the Atlantic Beach
Planning Board. The alternatives that were not adopted are included as Appendix III.
B. RESOURCE PROTECTION POLICY STATEMENTS
Physical Limitations
Soils: The following soils policies will be enforced to mitigate septic tank problems and
improve problems associated with poor soil conditions.
(a) It is town policy that soils are a limitation to development under the following
situations: (1) if the lot to be developed is within 150 feet of estuarine waters;
(2) if the soils on the lot, as mapped by the Soil Conservation Service, are rated
as severe or very severe for septic systems use; or (3) if the waste treatment
system to be used in connection with the development is to be a septic system
or ground disposal system.
The town supports a public sewer system for the entire town; however, until
such a system is constructed, the town intends to limit development and protect
the estuarine resources of the town through limitations on development in the
estuarine shoreline area. It is town policy to require large lot sizes for future
development, to require maximum practical distance between septic systems and
estuarine waters, and to limit the clearing of vegetation. The town supports the
current policies of the Coastal Resources Commission as regards development
in this area of environmental concern (AEC). The town supports the
enforcement of county health regulations.
The town will revise its zoning ordinance and subdivision regulations to
implement this policy while designing and constructing a town -wide sewage
collection and treatment system as soon as may be practical.
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' (b) Atlantic Beach acknowledges and endorses the 404 wetlands permit process as
defined by the Corps of Engineers' 1987 Manual for Wetlands Identification.
(c) Enforce current regulations of the N.C. State Building Code and support Carteret
County Health Department in matters relating to septic tank installation/
replacement in areas with soils restrictions.
Flood Hazard Areas:
(a) The town supports programs designed to foster development and building
practices that will minimize flood damage from storms and erosion. The town
supports the Federal Flood Insurance Program.
(b)
Atlantic Beach will continue to enforce its existing zoning and flood damage
prevention ordinances and follow the storm hazard mitigation plan. (See Storm
Hazard Mitigation, Post -Disaster Recovery, and Evacuation Plans.)
(c)
Atlantic Beach will continue to support and implement the community rating
system which allows for reduced flood insurance rates.
Groundwater/Protection of Potable Water Supplies:
(a)
Atlantic Beach will conserve its surficial groundwater resources by supporting
CAMA and N. C. Division of Environmental Management stormwater runoff
regulations, and by coordinating local development activities involving chemical
storage or underground storage tank installation/abandonment with Carteret
County Emergency Management personnel and the Groundwater Section of the
N. C. Division of Environmental Management.
'
(b)
Atlantic Beach supports a regional multi jurisdictional study of the limestone
aquifer underlying Carteret County. Such a study would aid in determining the
optimum locations for wells and the long-term viability of the town's water
supply. The issue of salt water intrusion should be addressed by the study.
(c) Atlantic Beach will encourage and support water conservation efforts. This will
include limiting the maximum output of each town well to a rate which will
ensure that the town's water conservation policies will be met. Motels and
rental units will be encouraged to post notices encouraging water conservation
by tourists. The town will also encourage the use of water conservation devices
for all residential and commercial users.
(d) Atlantic Beach will support efforts by Carteret County to ensure that aquifer
recharge areas are adequately protected.
(e) The town's water supply is derived from six wells that draw from a deep
aquifer. The aquifer is recharged on the mainland, therefore, little or no danger
of pollution of the water supply from surface development exists. However, the
IV-3

town recognizes the potential for well contamination from salt water intrusion
due to overpumping of individual wells and will continue to take measures to
avoid such consequences. The town supports state and federal groundwater
research, monitoring, and management programs.
(f) The town will investigate a new water rate structure that will further encourage
water conservation.
Stormwater Runoff:
(a) Atlantic Beach recognizes the value of water quality maintenance to the
protection of fragile areas and to the provision of clean water for recreational
purposes. The town will support existing state regulations relating to stormwater
runoff resulting from development (Stormwater Disposal Policy 15 NCAC
2H.001-.1003).
(b) In Atlantic Beach, no storm drains or drainage ditches shall be constructed
which discharge directly into estuarine waters, or public trust waters. Some
form of water retention area or settling basin must be provided. The town will
encourage the use of "best management practices" to minimize the rapid release
of pollutants to coastal waters through stormwater runoff. Examples of these
practices include using pervious or semi -pervious materials, such as turf stone
or gravel for driveways and walks; retaining natural vegetation along marsh and
waterfront areas to retain its natural filtering properties; and allowing stormwater
to percolate into the ground, rather than discharging it directly to coastal waters.
(c) Atlantic Beach will investigate the development of a town -wide stormwater
control ordinance. The town will be consistent with state regulations in
exercising the ordinance.
Man-made Hazards:
(a) Atlantic Beach supports the technical requirements and state program approval
for underground storage tanks (Chapter 40 of the Code of Federal Regulations,
Parts 280 and 281), and any subsequent state regulations concerning
underground storage tanks adopted during the planning period.
(b) With the exception of bulk fuel storage tanks used for retail sales, individual
heating fuel storage tanks, and publicly owned fuel storage tanks, Atlantic Beach
opposes the bulk storage of man-made hazardous materials within its
jurisdiction. The Atlantic Beach zoning ordinance prohibits above ground fuel
storage tanks in all zones except for three retail zoning districts. In addition,
fuel storage is regulated by Chapter 8, Article 8-18, of the town's fire prevention
ordinance.
(c) Atlantic Beach is opposed to the establishment of toxic waste dump sites within
Carteret County.
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(d) Atlantic Beach supports the Carteret County policy of opposing any low level
military training flights that are not in compliance with the minimum safe
altitudes for aircraft operation as described in the Federal Aviation Regulations,
Part 91. It is understood that the county does not have any authority to regulate
the area or elevation of military flights.
Solid Waste:
(a) Atlantic Beach supports Carteret County's participation in a regional
multi -county approach to solid waste management.
(b) Atlantic Beach will cooperate with any efforts to educate people and businesses
on waste reduction and recycling. The town vigorously supports recycling and
supports setting up practical collection methods and education efforts to achieve
a high degree of county -wide recycling.
(c) Atlantic Beach will adopt ordinances with severe penalties for illegal dumping.
Cultural/Historical Resources: There do not appear to be any nationally significant historic or
archaeological sites within Atlantic Beach. However, in order to protect any discovered sites,
especially in the area of the Fort Macon State Park, Atlantic Beach will:
(a) Notify Archives & History prior to the town's undertaking any development in
previously undisturbed sites.
(b) The Town of Atlantic Beach will investigate the historical significance of
fishing, whaling, pirates, and the development of the shag dance to determine
what, if any, actions should be taken to preserve/highlight the significance of
' these activities to the town.
C. MISCELLANEOUS
PROTECTION
Package Treatment Plant Use: The Town of Atlantic Beach will support the construction of
package treatment plants that are approved and permitted by the State Division of
Environmental Management and by the Carteret County Health Department/Division of Health
Services. If any package plants are approved, Atlantic Beach supports requirement of a
specific contingency plan specifying how ongoing private operation and maintenance of the
plant will be provided, and detailing provisions for public assumption of the plant should the
private operation fail. Additionally, it is the town's policy that existing package treatment
plants continue to operate but must be tied into the municipal sewage treatment system upon
its completion.
Marina and Floating Home Development: Marinas are considered to be any publicly or
privately owned dock constructed to accommodate more than ten boats, as defined by 15A
NCAC 7H.0208(b)(5). Docks and piers are defined by 15A NCAC 711.0208(b)(6). Atlantic
IV-5

Beach will enforce the following policies to govern floating homes and both open water and
upland marina development:
(a) Atlantic Beach considers boating activities an extremely important part of its
tourist industry and overall economy. Subject to the policies stated herein, the
town does not oppose the construction of both open water and upland marinas.
(b) The Town of Atlantic Beach supports revisions to the zoning ordinance or
adoption of a separate ordinance to prohibit floating homes and live -aboard
boats.
(c) The Town of Atlantic Beach supports the development of additional commercial
open water and upland marinas within its jurisdiction in accordance with the
conditions and restrictions of local ordinances including the construction of
marina facilities designed and operated for the residents of a private residential
development.
(d) The construction of all marinas, docks and piers shall minimize or eliminate
adverse effects on coastal wetlands and subaquatic vegetation and comply with
15A NCAC 7H minimum use standards.
(e) Atlantic Beach will allow construction of dry stack storage facilities for boats
associated either with or independent of marinas. All applicable zoning,
subdivision, and other regulations must be satisfied. Water access to dry stack
storage facilities should not disturb active shellfishing areas or subaquatic
vegetation.
(f) Existing marinas, docks and piers may be reconstructed to their prior size so
long as all local ordinances and other applicable policies of this plan are
satisfied and met when reconstruction occurs.
Development of Sound and Estuarine Islands: The town's policy is that sound and estuarine
islands should not be developed, and therefore are classified as Conservation by the Land
Classification Map, except Money Island which is zoned RA-1.
Ocean Hazard Areas:
(a) Atlantic Beach will support only uses within the ocean hazard areas which are
allowed by 15A NCAC 7H and are consistent with the town's zoning and land
protection ordinances.
(b) Atlantic Beach supports the deposit of dredge spoil by the U.S. Army Corps of
Engineers on the beach and relocation as the preferred erosion control measures
for ocean hazard areas.
(c) The town finds that the frontal and secondary dunes are important to the town;
they protect development from storm damage and wind erosion; they are
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aesthetically pleasing and are attractive to future development. It is town policy
to protect the secondary dunes and other components of the dune system while
1 allowing development of these areas. The town will encourage future
developers to use planned unit development in these areas. This type
development should be designed to shift the heaviest portion of development to
areas that are less fragile or sensitive, hence conserving those areas that are
more fragile. At the same time, site development can ultimately contain the
same or sometimes more units than are allowed under conventional districts of
the zoning ordinance. It is town policy to require large lot sizes in these areas
and to limit the amount of cut and fill and the clearing of the vegetation.
(d) The town supports state requirements pertaining to shoreline stabilization in
ocean hazard areas.
(e) Atlantic Beach will support the limited adjustment of the CAMA setback line
in association with ongoing deposit of sand from dredge spoil projects and the
establishment of new permanent dune and vegetation lines. However, it is
understood that this policy will not impact permit decisions regarding CAMA
setback line in ocean hazard areas unless the Coastal Resources Commission
modifies the State use standards for this AEC.
Inlet Hazard Areas: There are no inlet hazard areas within Atlantic Beach's planning
jurisdiction. In event of blow-out, inlets may be filled or returned to original condition.
Bulkhead Construction: Except for ocean hazard areas, Atlantic Beach does not oppose
bulkhead construction within its jurisdiction as long as construction fulfills the use standards
set forth in 15A NCAC 7H. The town is opposed to bulkhead construction in ocean hazard
areas.
Sea Level Rise: Atlantic Beach recognizes the uncertainties associated with sea level rise.
Although the rate of rise is difficult to predict, the town will implement the following policies:
(a) Atlantic Beach will cooperate with county, state, and federal efforts to inform
the public of the anticipated effects of sea level rise.
(b) Atlantic Beach will continuously monitor available information on sea level rise
and revise as necessary all local building and land use related ordinances to
establish setback standards, long-term land use plans, density controls, buffer
vegetation protection requirements, and building designs which will facilitate the
movement of structures.
(c) Atlantic Beach will allow the construction of bulkheads which satisfy 15A
0 NCAC 7H in all areas to protect structures and property from rising sea level.
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Maritime Forests:
(a) The maritime forest is an important natural resource to the town. The maritime
forest and shrub thicket maintain the stability of the land in the face of wind and
water erosion. The forest and shrub thicket are important to the attractiveness
of the town and the island. It is town policy to protect as much of this resource
as possible while allowing for a moderate amount of development which would
not be destructive to the uniqueness of this resource. The town will encourage
future developers to use planned unit development in and around these maritime
forest areas. It is the goal of this policy to shift development from wooded
areas to the periphery or cleared areas without interfering with developers'
expectations concerning the number of dwelling units or commercial structure
or the amount of commercial building space they will realize from a tract or
parcel. It is town policy to require large lot sizes in these areas and to limit the
amount of clearing of vegetation to only so much as is necessary to site a home
and provide access. Further, it is the town's policy that the overall benefits
resulting from public improvement projects of town -wide significance may
outweigh the desire to preserve as much maritime forest as possible. For
example, the clearing of maritime forest to construct a wastewater treatment
plant designed to serve the entire town would be justified because of the
overriding benefits that would accrue to the public at large.
(b) Atlantic Beach will consider the adoption of a tree removal ordinance to regulate
the cutting of trees.
D. RESOURCE PRODUCTION AND MANAGEMENT POLICIES
Recreation Resources:
(a) All lands classified as conservation, except estuarine shoreline areas, are
considered valuable passive recreation areas. Development will be allowed
which is consistent with the policies contained in this plan, town codes and
ordinances, and the 15A NCAC 7H use standards.
(b) Atlantic Beach supports the development of additional estuarine and ocean
shoreline access areas to ensure adequate shoreline access within all areas of the
town. The town will cooperate with municipalities and state and federal
agencies to secure such access. Areas that have traditionally been used by the
public will be given special attention.
(c) Atlantic Beach will support the development of non -shoreline access general use
year-round recreational facilities.
Productive Aaricultural Lands: There are no productive agricultural lands found in Atlantic
Beach; therefore, no policy statement is necessary.
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Productive Forest Lands: Commercial forestry is not currently a significant use within the
town. A modest amount of land in and near the town is wooded, most of this in maritime
1 forest or shrub thicket. The commercial harvesting of these areas is unrealistic. The town
views its forested areas as a resource that needs protection and not a resource that should be
subject to harvest.
Aquaculture Activities: Aquaculture is considered the cultivation of aquatic plants and animals
under controlled conditions. The following policy shall apply:
(a) Atlantic Beach will encourage all aquaculture activities which meet applicable
federal, state and local policies, and will carefully evaluate all requests for
approval of aquaculture activities.
(b) Atlantic Beach objects to any discharge of water from aquaculture activities that
will degrade in any way the receiving waters. The town objects to withdrawing
water from aquifers or surface sources if such withdrawal will endanger water
quality or water supply from the aquifers or surface sources.
(c) Atlantic Beach will support only aquaculture activities which do not alter
significantly and negatively the natural environment of coastal wetlands,
estuarine waters, public trust areas, and 404 wetlands as shown on the Land
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Classification Map.
Residential, Commercial, and Industrial Development Impacts on Resources:
(a) Atlantic Beach has adopted an ordinance governing bulkheading along the
estuarine shoreline and the zoning ordinance limits lot coverage to 40%, thus
60% of residential lots remain open.
(b) Residential and commercial development which meets 15A NCAC 7H minimum
use standards, Atlantic Beach zoning requirements, and the policies contained
in this plan will be allowed in estuarine shoreline, estuarine water, and public
trust areas. Industrial development will not be allowed in estuarine shoreline,
estuarine water, and public trust areas. In other areas of the town, light
manufacturing activities which are permitted by the town's zoning ordinance
will be allowed within Atlantic Beach.
a(c) Atlantic Beach opposes the construction of any privately owned signs in the
coastal wetlands, estuarine waters, and public trust areas. Publicly owned
instructional signage will be permitted.
(d) Atlantic Beach will vigorously enforce Article VIII of the town's zoning
ordinance which establishes stringent requirements for lot clearing.
(e) Atlantic Beach will vigorously enforce Article X of the town's zoning ordinance
which establishes stringent requirements for the preservation and protection of
sand dunes and the vegetation thereon.
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(f) In addressing future rezoning applications for commercial housing, townhouse,
or multi -family housing, the town will consider, among other factors, the
following: (1) a preference to have commercial and other intense land uses that
generate a substantial amount of traffic and other off -site impacts develop as
self-contained areas having minimal ingress and egress to main traffic routes; (2)
a preference to have the uses described above locate with entrances and exits
along streets and roads that are perpendicular to the nearest main traffic route;
and (3) a preference to redevelop areas in poor condition.
(g) The town realizes the importance of coastal wetlands to the life cycle of plants
and animals, including sport and commercial fisheries. The town supports state
policies for the wetlands as stated in federal and state legislation and as
embodied in the regulations for coastal wetland areas of environmental concern.
The town will consider enactment of local measures designed to complement the
state's actions while preserving these areas from future development which may
irreparably damage this resource.
(h) In recognition of the importance of estuarine waters for fisheries and related
industries as well as aesthetics, recreation and education, Atlantic Beach shall
promote the conservation and quality of this resource in accordance with state
AEC regulations. Appropriate uses may include simple access channels,
structures which prevent erosion, navigation channels, boat docks, piers, and
mooring pilings. Atlantic Beach supports and is actively pursuing the
construction of a wastewater collection and treatment system in accordance with
the bond referendum passed in March, 1985.
(i) Atlantic Beach supports state AEC regulations for public trust areas. Atlantic
Beach shall protect those established rights of the public in these areas by
promoting their conservation and management. In the absence of overriding
public benefit, any land use which significantly interferes with the public right
of navigation or other public trust rights which apply in the area shall not be
allowed. Projects which would directly or indirectly block or impair existing
navigation channels, increase shoreline erosion in non -ocean hazard areas,
private deposition of spoils below mean high tide, cause adverse water
circulation patterns, violate water quality standards, or cause degradation of
shellfish waters shall, in general, not be allowed. Uses that may be allowed in
public trust areas shall not be detrimental to the public trust rights and the
biological and physical functions of the estuary. Examples of such uses include
the development of navigational channels, the use of bulkheads to prevent
erosion, or the building of piers or docks.
Marine Resource Areas:
(a) With the exception of the construction of signs and floating structures, and
stormwater runoff policies, Atlantic Beach supports the use standards for
estuarine waters and public trust areas as specified in 15A NCAC 7H.0208.
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(b) Atlantic Beach reserves the right to review and comment on policies and
requirements of the North Carolina Division of Marine Fisheries which govern
commercial and recreational fisheries and activities, including trawling activities.
Mineral Production Areas: The mining of the secondary dunes system, or any other dunes or
land within the town's planning jurisdiction, is considered an inappropriate use.
Off -Road Vehicles: Article II of the Beach and Shore Regulations of the Atlantic Beach Town
Code regulates vehicular traffic, off -road vehicles, in the beach area. Vehicular traffic is
prohibited between 12:01 a.m. on Friday before Easter Sunday and 12:00 midnight on the
Wednesday following Labor Day. However, vehicles operated by commercial fishermen issued
a valid state fishing license are exempt. The town will continue to regulate off -road vehicles
through enforcement of Article lI of the Town Code.
E. ECONOMIC AND COMMUNITY DEVELOPMENT POLICY STATEMENTS
General: Although higher than average density development and/or redevelopment is likely
to occur in some areas of Atlantic Beach, it is the town's goal to achieve a lower overall
density through continued enforcement of its land use regulations. It is the town's intention
to use its available sewer capacity (once a community -wide sewer system is obtained) and its
zoning authority to control and limit future residential and commercial density levels. It is the
town's desire for residentially and commercially zoned areas to remain primarily in 1992
locations. Intrusion of commercial development into residentially zoned areas will not be
permitted; however, residential uses infiltrating commercial areas are allowed on a limited basis
through the special use provisions of the town zoning ordinance. No heavy industrial
development will be allowed in Atlantic Beach.
Water Sunoly: The Atlantic Beach water supply is adequate and does not present any
constraint to redevelopment/development which is permitted by the town's zoning ordinance.
Atlantic Beach has extended water service to all areas of the town including the west end area.
The addition of wells and storage tanks will be supported by the town as necessary to ensure
an adequate water supply. However, it shall be the town's policy to promote water
conservation by encouraging the use of residential and commercial water saving devices and
by making appropriate modifications to the existing water rate structure.
ISewer System: Atlantic Beach supports the construction of a sewage disposal system and a
central sewer collection system to eliminate the town's sewage treatment problems. This may
be accomplished by the town acting independently of other jurisdictions or through a regional
effort.
Energy Facility Siting and Develonment:
(a) There are no electric generating or other power generating plants located in or
proposed for location within Atlantic Beach' planning jurisdiction. The town
IV-11

will not support the location of permanent energy generating facilities within its
planning jurisdiction.
(b) The Town of Atlantic Beach opposes any offshore exploration for or production
of oil or natural gas.
(c) Atlantic Beach supports Carteret County's policy of reviewing proposals for
development of non-nuclear electric generating plants within Carteret County on
a case -by -case basis, judging the need for the facility by the county against all
identified possible adverse impacts. Atlantic Beach objects to all nuclear power
plant construction. Atlantic Beach reserves the right to comment on the impacts
of any energy facility proposed for location within Carteret County.
Redevelonment of Developed Areas:
(a) It is town policy to promote, foster, and encourage the redevelopment of old,
poorly designed and underutilized areas. Redevelopment is preferred and
deemed more important than development of currently undeveloped areas.
Many developed areas are in poor condition with poor road design, lack of
vegetation, dilapidated housing, mixed uses, etc. The town will continue a
program of strict enforcement of the minimum code as a means to improve the
quality of existing development.
(b) Atlantic Beach will take an active supervisory role in all future redevelopment r
projects. All projects are required to consider the town's environmental policies
and to address the town's other public needs, especially its needs for a sound
street system and for public access to the beaches.
(c) Atlantic Beach will allow the reconstruction of any structures demolished by
natural disaster or by other causes in accordance with all applicable federal, state
and local regulations.
(d) Atlantic Beach supports adoption by the U.S. Department of Housing and Urban
Development of stricter standards for the construction of mobile homes which
are to be located in the coastal zone. Such standards should increase wind
resistant capabilities to a level consistent with that which is required for
conventional site built housing.
(e) Atlantic Beach supports regular deposit of dredge spoil on the beach by the U.
S. Army Corps of Engineers, and considers such projects essential to the
continuing redevelopment process within the town.
(f) Atlantic Beach will consider, on a case -by -case basis, the expenditure of local
funds to acquire unbuildable lots in hazardous areas. Donations of such lots will
be accepted.
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Estuarine Access: Atlantic Beach supports the state's shoreline access policies as set forth in
15A NCAC, Subchapter 7M. The town will conform to CAMA and other state and federal
' environmental regulations affecting the development of estuarine access areas.
Types and Locations of Desired Industry: Industrial development will not be allowed in
estuarine shoreline, estuarine water, and public trust areas. In other areas of town, light
manufacturing activities which are permitted by the town's zoning ordinance will be allowed.
Community Facilities: Atlantic Beach will support the development of the following
community facilities:
• New municipal administration building/police department/fire station complex
as circumstances dictate.
Construction of a sewage collection and treatment system.
• Expansion of the town's water system to include supply wells and storage tanks.
• Stormwater drainage facilities.
• Construction of additional shoreline access facilities.
• State and local transportation facilities, including roads.
• Construction of general use year-round recreational facilities.
• Extension of electrical utilities.
Commitment to State and Federal Programs: Atlantic Beach is receptive to state and federal
I programs, particularly those which provide improvements to the town. The town will continue
to support fully such programs, especially the following: North Carolina Department of
Transportation road and bridge improvement programs, environmental protection, tourism,
planning, the U.S. Army Corps of Engineers regulatory and permitting efforts, dredging and
channel maintenance by the U.S. Army Corps of Engineers, the North Carolina shoreline
access grant program, flood insurance, and federal and state projects which provide efficient
and safe boat access for commercial and sport fishing.
Assistance in Channel Maintenance: The town encourages private participation in the
vegetation of beach areas. The town encourages the deposit of dredge spoil on the beach by
the Corps of Engineers. The town further states its desire that the Corps of Engineers maintain
all navigation channels coming into Atlantic Beach proper.
Tourism:
(a) Atlantic Beach will support North Carolina Department of Transportation
projects to improve access to and within Carteret County and Atlantic Beach.
(b) Atlantic Beach will support projects that will increase public access to shoreline
areas.
(c) Atlantic Beach will continue to support the activities of the North Carolina
Division of Travel and Tourism; specifically, the monitoring of tourism -related
industry, efforts to promote tourism -related commercial activity, and efforts to
enhance and provide shoreline resources.
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(d) Atlantic Beach will continue to support the activities of the Carteret County
Tourism Development Bureau.
(e) The town's development priorities and goals of environmental and resource 1
protection clearly state its strong desire to encourage and promote tourism. This
policy is implemented through the network of other policies contained in this
plan.
Transportation:
(a) Atlantic Beach supports the development and adoption of a county -wide
thoroughfare plan.
(b) Atlantic Beach supports the construction of a third bridge between Bogue Banks
and the mainland.
(c) Atlantic Beach will work with the North Carolina Department of Transportation ,
to ensure that all road hazards are clearly marked or corrected. The town will
identify and report hazards to the NCDOT.
(d) Atlantic Beach supports the widening of U.S. 58 to provide four lanes.
(e) Atlantic Beach supports the development of bike paths and pedestrian walks and
crossings within the town.
Development/Growth Objectives: Through enforcement of the policies contained in this plan,
and enforcement of local codes and ordinances, Atlantic Beach will endeavor to accomplish
the following growth objectives:
(a)
Support development of a central sewer collection and treatment system.
(b)
Protect maritime forest and dunes areas.
(c)
Reduce overall average residential density.
(d)
Redevelop deteriorated residential and commercial areas.
(e)
Maintain an adequate water supply.
(f)
Improve traffic flow, especially on N.C. 58.
(g)
Continuing regular, periodic deposit of dredge spoil projects in conjunction with
the Corps of Engineers.
,
Land Use
Trends: Atlantic Beach's land use trends have been identified in the previous
sections of this plan. However, they are summarized as follows:
(a)
Increasing traffic congestion.
(b)
Increasing pressure for a central sewer collection and treatment system.
(c)
Continuing development of maritime forest areas.
(d)
Increasing demand for services as the result of increasing peak population.
(e)
Continuing residential development at a moderate rate.
(f)
Limited commercial growth/development.
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These land use trends should be monitored by the town and controlled through existing
local, state, and federal land use regulations including CAMA, "404" regulations, sanitary
regulations, and the town's subdivision and zoning ordinances and building inspection program.
This plan contains policies designed to deal with the identified land use trends.
F. CONTINUING PUBLIC PARTICIPATION POLICIES
As the initial step in the preparation of this document, Atlantic Beach prepared and
adopted a "Citizen Participation Plan." The plan outlined the methodology for citizen
involvement. Public involvement was to be generated through public information meetings,
advertising in local newspapers, and development of the plan by the Atlantic Beach Planning
Board.
A public information meeting was conducted at the outset of the project on November
16, 1992, at 7:30 p.m. at the Atlantic Beach Town Hall. Meetings of the Planning Board were
held on November 3, 1992; December 1, 1992; January 4, 1993; February 2, 1993; May 4,
1993; June 1, 1993; and July 6, 1993. The meetings were advertised and open to the public.
The Town Council conducted a public information meeting for review and comment on the
plan on September 20, 1993. The meeting was advertised in the Carteret County News -Times
on September 8, 1993.
The preliminary plan was submitted to the Coastal Resources Commission for comment
on September 21, 1993. Following receipt of CRC comments, the plan was amended, and a
formal public hearing on the final document was conducted on May 16, 1994. The public
hearing was advertised in the Carteret County News -Times on April 15, 1994. The plan was
approved by the Atlantic Beach Board of Commissioners on May 16, 1994, and submitted to
the Coastal Resources Commission for certification. The plan was certified on May 27, 1994.
Citizen input will continue to be solicited, primarily through the Planning Board, with
advertised and adequately publicized public meetings held to discuss special land use issues
and to keep citizens informed.
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POST -DISASTER RECONSTRUCTION PLAN AND POLICIES
A. INTRODUCTION
Atlantic Beach has adopted and participates in the Carteret County Emergency
Operations Plan for Multi Hazards and Standard Operating Procedures, adopted May 4, 1992.
The plan provides standard operating procedures (SOPS) for a wide range of emergency
situations including: hurricanes, coastal flooding, hazardous materials, natural hazards
emergencies, civil disorders, medical debris, emergency energy needs, and nuclear threat/attack.
The following mutual aid agreement is included for hurricane response:
This agreement, made this 4th day of May, 1992, by and between CARTERET
COUNTY and the below Municipalities:
ATLANTIC BEACH
PINE KNOLL SHORES
INDIAN BEACH
EMERALD ISLE
I. PARTIES TO THIS AGREEMENT:
A. This document constitutes a description of a cooperative agreement
between the above listed parties, also to be known as the Bogue Banks
Control Group.
II. PURPOSE:
A. The purpose of this agreement is for the parties named herein to
coordinate and focus upon the most effective manner to manage an
operation during a hurricane to better protect endangered citizens.
III. AGREEMENT
A. WHEREAS Appendix 4 (Carteret County Emergency Management
ordinance) of the Carteret County Emergency Operations Plan for Multi -
Hazards states in part in SECTION 6, PARA 1, "The Coordinator shall
be responsible to the Carteret County Board of Commissioners in regard
to all phases of the Emergency Management's Activity. The Coordinator
shall maintain liaison with the state and federal authorities and political
subdivisions so as to insure the most effective operations of the
Emergency Management Plans."
WHEREAS under this agreement, the Carteret County Emergency
Management Coordinator agrees to:
1. Bogue Banks Control Group remains an integral part of the
County Operations with the exception shown on PARA B.I.
2. Issue an Early Alert when a storm is threatening the coastline.
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3.
At appropriate time, activate the County Emergency Operating
Center (EOC).
4.
Establish radio communication with Bogue Banks utilizing
Atlantic Beach and the Bogue Banks EOC and relaying all
information through that communication center.
5.
Close schools when necessary in sufficient time to have shelters
opened as quickly as possible.
6.
Open shelters as quickly as possible, provide mass care and
equipment within our capabilities.
7.
Issue evacuation order for Bogue Banks upon their request
and/or for the test of the county as the situation dictates.
8.
Set up traffic control immediately following evacuation order.
9.
Issue emergency proclamations as necessary.
10.
Issue REENTRY order when approved and requested by all
municipalities on Bogue Banks.
11.
Issue all information to the MEDIA. The County Manager is
designated as PIO and all information should be released ONLY
by him to avoid conflicting information.
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12.
Conduct damage assessment with assistance from all
municipalities in order to report as accurately as possible the
damage to the municipalities.
13.
Work with State Emergency Response Teams and Federal
Emergency Management Agency if assigned to the county
following a disaster.
14.
Permit Bogue Banks to make decisions affecting the Banks
where they are in a better position to make such decisions but
keeping the county fully informed on such decisions.
15. Assist the Bogue Banks Control Group in any way possible to
insure the safety and welfare of its residents.
B. WHEREAS the Municipalities of Bogue Banks agree to:
1. Form their own control group and meet on the Banks at the
designated Emergency Operating Center and make their
decisions affecting Bogue Banks, keeping the County Emergency
Operating Center informed of all such decisions. Although they
will not meet on the mainland with the other Mayors, this group
is still an integral part of the county control group for overall
decision making.
2. Provide any personnel to the county operations who are
members of the support group.
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3. Activate the Bogue Banks EOC upon activation of the County
EOC.
4. Maintain continuous coordination with the County Emergency
N
Management Coordinator who shall keep Raleigh EOC informed
of all activities and maintain status boards in the EOC.
5. Maintain communications with the County EOC by receiving
and relaying messages through the Atlantic Beach
communication center.
6. Establish traffic control points and put up barricades as
established in the Hurricane Response Plan. Bogue Banks police
departments agree to coordinate and set up what best suits the
situation at hand, to include two-lane traffic if necessary and
provide for emergency vehicles if the situation warrants. Insure
towing vehicles are in place to assist in case of breakdowns or
accidents.
7. Issue proclamation as required or request county to issue
proclamation county -wide.
8. When satisfied REENTRY is possible, notify County EOC who
will issue REENTRY message to the MEDIA.
9. To allow County PIO to issue information to media, Bogue
Banks Control Group will refrain from issuing statements to the
press and relay messages to the public through the media of TV
and radio stations.
10. Assist county in damage assessment procedures as prescribed by
state and county regulations.
11. Be prepared to assist if State Emergency Response
Teams/Federal Emergency Management Agency (FEMA)
personnel arrive on scene. Upon arrival, under federal and state
statute, they have the authority to take charge of the operation
following a disaster.
12. Make all requests for resource through the County Operating
Center.
13. No member of the Bogue Banks Control Group will make a
decision affecting the Bogue Banks operations without
concurrence of the other members of the control group.
14. To assist the County Operations in any way possible to facilitate ,
an orderly and well managed operation and insure the safety and
welfare of all residents.
In support of this agreement, Atlantic Beach has adopted its own post -disaster
reconstruction plan and policies. The plan is based on an effective flood damage prevention
ordinance which is included in the town's zoning ordinance as Article ML This ordinance has
the following purpose and objectives:
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Statement of Purpose:
It is the purpose of this ordinance to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due
to water or erosion hazards, or which result in damaging increases in erosion or
in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) Control filling, grading, dredging and other development which may increase
erosion or flood damage;
(4) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of floodwaters; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
Objectives:
The objectives of this ordinance are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) To help maintain a stable tax base by providing for the sound use and
development of flood -prone areas in such a manner as to minimize flood blight
areas; and
(7) To insure that potential home buyers are notified that property is in a flood area.
In addition, Atlantic Beach adopts the following policies which are intended to reduce
hurricane related damage:
(a) Atlantic Beach will continue to enforce its subdivision and zoning ordinances
which dictate responsible land use and development standards for high hazard
zones within the town.
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(b) Atlantic Beach will adhere to the standards set forth in CAMA and the FEMA
regulations for land use and development standards in the ocean hazard AEC,
estuarine shoreline AEC and the flood zones.
(c) Atlantic Beach will continue to make accessible to its citizens through public
notices, workshops, and its hurricane preparedness plans the policies and
procedures associated with mitigating the impact of hurricanes through public
awareness.
(d) The town will consider the redesign and construction of storm damaged
facilities, public utilities and roadways and their replacement in terms of
minimizing the likelihood of future storm related damage.
(e) Atlantic Beach will continue to enforce its subdivision and zoning ordinances,
the state building code, and support the state and federal programs and
regulations which are designed to mitigate the potential deleterious effects of
hurricanes and other major storms. '
B. STORM MITIGATION, EVACUATION, AND POST -DISASTER RECOVERY
PLANS
This section of the land use plan has been prepared to support the Carteret County
Emergency SOPS and to assist the town in preparing management policies for major storms
so that they may be better prepared for the major hurricane which may eventually occur in this
area. In 1988, the town adopted a Post -Disaster Recovery and Evacuation Plan which
established the policies and procedures in an effort to reduce the risks associated with future
hurricanes. This post -disaster recovery plan is an expansion of the 1988 plan. These policies,
in combination with the storm hazard mitigation discussion, are outlined in the following ,
sections.
1. Storm Hazard Miti ag tion
Hurricanes bring with them forces which cause damage and potential loss of life
through high winds, flooding, wave action, and erosion. Storm hazard mitigation policies and
procedures, properly conceived and implemented, can be critical in the reduction of the dangers
and potential impact on the town and its citizens. Mitigation is not only important to
minimizing loss of property and life, but also for avoiding potential damages in the long run
which might result from improper land planning and land management practices.
a. Hazard Manning r
The vulnerability of Atlantic Beach to the effects of high winds, flooding and
storm surge, wave action and erosion can be summarized best by identifying the land
areas within the town which are naturally most susceptible to these forces. Two
documents, the Federal Insurance Administration's Flood Hazard Boundary Map and
the Atlantic Beach Land Use Plan, identify these areas which include flood hazard
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zones and Areas of Environmental Concern. These potential hazard areas are delineated
on the hazard map and can be more specifically defined by reviewing the FEMA maps
and the Atlantic Beach storm surge map (see Maps 6 and 7). Table 20 summarizes the
hazards which can be expected to be associated with the four general zones found
M within the town.
Table 20
Hurricane Forces Associated with Town Environments
High
Wave
Environment
Winds
Floodine
Action Erosion
Ocean Hazard, AEC
x
x
x x
Estuarine Shoreline AEC
x
x
x x
V-Zone Flood
x
x
x x
A -Zone Flood
x
x
Outside Identified Hazard Areas
x
' The areas or environments listed above with their associated hazards effect will
require land use policies which control the type and distribution of land uses designed
I to minimize the potential damage from future hurricanes. Atlantic Beach has
implemented provisions in its local zoning and subdivision ordinances which are
consistent with a policy of minimizing hurricane damage by controlling land use and
assigning restrictive development standards to these high -risks environments.
b. Ocean Hazard AEC
The ocean hazard areas consist of ocean erodible areas, high hazard flood areas,
inlet hazard areas, and unvegetated beach areas. Ocean hazard landforms include ocean
dunes, beaches, and shorelines. Ocean dunes include both primary dunes and frontal
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 equaled or exceeded in any given space) for the areas plus six
feet. The primary dune extends landward to the lowest elevation in the depression
behind that same mound of sand. 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 to offer protective
value. The dunes are essential to the protection of oceanfront areas. Atlantic Beach
prohibits construction in any area which is seaward of the erosion setback line as
determined by CAMA in the ocean hazard regulations for areas of environmental
concern or that area which is within the primary or frontal dune as defined by CAMA
regulations.
C. Estuarine Shoreline AEC
This hazard area extends only 75 feet landward of the mean high water line as
defined by the Division of Coastal Management. However, the entire estuarine
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shoreline environment is subject to an extended hazard zone depending on low-lying
topography which is subject to varying degrees of flooding and wave action. The flood
prone areas are delineated on the hazard maps. The town's zoning and subdivision
ordinances and flood damage prevention ordinance are consistent with development
standards required for this area by DCM and the Federal Emergency Management
Agency.
d. Non -AEC Areas
All areas within the town are subject to some destructive aspect of hurricane
damage through high winds, flooding, wave action or erosion. If even a limited portion
or percentage of the town were impacted from the effects of a major hurricane, the
potential for damages in dollars can be significant. Mitigation of hurricane damage
through proper land development policies and conformance with state building codes
can be expected to result in a significant reduction in the extent and cost of loss of
property and lives in the town when a major hurricane strikes.
2. Hurricane Evacuation Plannine
Atlantic Beach has an active civil preparedness program in operation, which includes
specific procedures to be followed during pre -hurricane conditions. The following section
outlines these procedures as stated in the plan.
ACTIONS TO BE TAKEN PRIOR TO EMERGENCY PHASE ACTIVITIES
ACTIONS
1. Prepare and adopt local hurricane evacuation
plan.
2. Publish and disseminate a one -page version
of the local evacuation plan which describes
the town's alert system; identifies actions
visitors and residents should take to secure
dwellings; and identifies evacuation routes
and shelters.
3. Designate an Emergency Operations Center
and Local Emergency Operations
Coordinator.
PERSONS RESPONSIBLE
Mayor
Town Manager
Fire Chief
Chief of Police
Mayor
Town Manger
Fire Chief
Chief of Police
Mayor
Town Manager
Fire Chief
Chief of Police
4. Familiarize and train town employees with All Department Heads
steps necessary to carry out town shutdown
and evacuation operations as outlined in the
plan.
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5. Divide the community into sectors for
Fire Chief
notification upon issuance of evacuation
Chief of Police
orders.
6. Maintain emergency generator and other
Fire Chief
emergency equipment in good operating
order.
7. Develop and maintain list of persons (e.g.,
Fire Chief
invalids) requiring evacuation assistance.
Chief of Police
HURRICANE EMERGENCY ACTIONS AND RESPONSIBILITIES
Condition 3 - Hurricane Watch (48 hours before expected landfall)
ACTIONS
PERSONS RESPONSIBLE
1.
Meeting of the Town Manager and
Town Manager
Department Heads to review emergency
plans.
2.
Town personnel placed on standby alert.
Department Heads
3.
Town personnel complete all personal
Each Department Head
arrangements.
4.
Activate Emergency Operation Center at
Fire Chief
Town Hall.
Chief of Police
5.
Establish communications with Carteret
Fire Chief
County Emergency Management
Chief of Police
Coordinator
6.
Staff public information center at Town
Town Manager
Hall.
7.
Assemble all town records needed for
Building Inspector
damage assessment operations.
8.
Check emergency generator,
All Department Heads
communications equipment and supplies.
9.
Gas all town vehicles, including spare tanks
All Department Heads
when available.
10.
Advise active construction projects to secure
Building Inspector
all materials.
11.
Begin filling water tanks.
Public Works Director
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Condition 2 - Hurricane Warning (24 hours before
expected landfall)
ACTIONS
PERSONS RESPONSIBLE
1. Assemble all Department Heads for final
Town Manager
preparations and briefing.
2. Assemble, refuel and load all vehicles,
Each Department Head
including fire trucks, rescue squad
ambulances, public works vehicles (to be
used for road clearance operations), police
vehicles, and other town vehicles.
'
3. Insure water tanks are full.
Public Works Director
4. Evacuate all invalids and persons unable to
Fire and Rescue
evacuate themselves.
5. Confirm information on shelters from
Local Emergency
County Emergency Management
Operations Coordinator
Coordinator.
6. Establish traffic control operation at key
Chief of Police
,
intersections.
7. Secure town buildings other than Emergency
Each Department
Operations Center
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8. Designated town representatives depart for
Local Emergency
designated center to establish alternative
Operations Coordinator
town emergency operations center.
Condition 1 - Evacuation (as ordered by Bogue Banks Control Group)
ACTIONS
PERSONS RESPONSIBLE
1.
Proclaim state of emergency and issue local
Bogue Banks Control
evacuation order.
Group
2.
Inform residents directly by sector in
Fire Chief
,
accordance with pre -established plan. Have
Chief of Police
maps showing evacuation shelters.
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3.
If warranted, establish State Highway 58 as
Chief of Police
a one-way route in accordance with County
Hurricane Evacuation Plan.
4.
Carry out local traffic control
Chief of Police
responsibilities.
5.
Cut off all water lines.
Public Works Director
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6. Cut off power to all town motors and Public Works Director
' pumps.
7. Cut off gas valves. Fire Department
8. Establish town operations center. Fire Chief
9. Move town records to alternative town Town Manager and Clerk
emergency operations center.
10. Town trucks to be stationed along Public Works Director
evacuation routes to assist in clearance
1 operations.
11. Assist in evacuation. All Departments
12. Make final check to insure evacuation is All Departments
complete.
Condition 0 - Landfall Imminent
ACTIONS PERSONS RESPONSIBLE
' 1. Remove all emergency vehicles and Town Manager
emergency personnel to town emergency Department Heads
operations center.
2. Assigned town personnel stand by at Town Manger
operations center. Department Heads
' 3. Maintain contact with County Control Group Local Emergency
and Bogue Banks Control Group. Operations Coordinator
3. Post -Disaster Recovery Plan
' A post -disaster plan provides a program that will permit a local government to deal with
the aftermaths of a storm in an organized and efficient manner. The plan provides the
mechanisms, procedures, and policies that will enable a local community to learn from its
storm experiences and to rebuild the community in a wise and practical manner.
A post -disaster reconstruction plan encompasses three distinct reconstruction periods:
' 1. The emergency period is the reconstruction phase immediately after a storm.
The emphasis is on restoring public health and safety, assessing the nature and
' extent of storm damage, and qualifying for and obtaining whatever federal and
state assistance might be available.
2. The restoration period covers the weeks and months following a storm disaster.
The emphasis during this period is on restoring community facilities, utilities,
essential businesses, etc., so that the community can once again function in a
normal manner.
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3. The replacement reconstruction period is the period during which the community
is rebuilt. The period could last from months to years depending on the nature
and extent of the damaged incurred.
It is important that local officials clearly understand the joint federal -state -local
procedures for providing assistance to rebuild after a storm so that local damage assessment
and reconstruction efforts are carried out in an efficient manner that qualifies the community
for the different types of assistance that are available. The requirements are generally
delineated in the Disaster Relief Act of 1974 (P.L. 93-288) which authorizes a wide range of
financial and direct assistance to both local communities and individuals. The sequence of
procedures to be followed after a major storm event is as follows:
1. Local damage assessment teams survey storm damage within the community and
report this damage to the County Emergency Services Coordinator.
2. Damage information is compiled and summarized by Carteret County, and the
nature and extent of damage is reported to the North Carolina Division of
Emergency Management.
3. DEM compiles local data and makes recommendations to the Governor ,
concerning state action.
4. The Governor may request a Presidential declaration of "emergency" or "major
disaster." A Presidential declaration makes a variety of federal resources
available to local communities and individuals.
5. Federal Relief assistance provided to a community after an "emergency" has
been declared typically ends one month after the initial Presidential declaration.
Where a "major disaster" has been declared, federal assistance for "emergency"
work typically ends six months after the declaration and federal assistance for
"permanent" work ends after 18 months.
C. ORGANIZATION OF LOCAL DAMAGE ASSESSMENT TEAM
A local damage assessment team should include individuals who are qualified to give
reliable estimates of the original value of structures, an estimated value of sustained damages,
and a description of the repairs and costs that will be needed to rebuild each structure. The
total team may consist of the following:
Administrative ,
Town Manager
Building Inspector
Public Works Director
Police Chief
Fire Chief
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Mayor
Disaster Information Coordinator*
Emergency Housing Coordinator*
*To be designated by the Town Manager.
The Building Inspector should head the Damage Assessment Team. Other members of
the team may include volunteers such as building contractors and local realtors. Town
personnel and volunteers must be recruited, organized and trained prior to a storm occurrence.
There should also be back-ups or alternates to ensure the availability of adequate resources.
' D. DAMAGE ASSESSMENT PROCEDURES AND REQUIREMENTS
' Damage assessment is defined as rapid means of determining a realistic estimate of the
amount of damage caused by a natural or man-made disaster. For a storm disaster, it is
expressed in terms of 1) number of structures damaged; 2) magnitude of damage by structure
type; 3) estimated total dollar loss; and 4) estimated total dollar loss covered by insurance.
After a major storm event, members of the Damage Assessment Team should report to
the Emergency Operations Center for a briefing prior to deployment. In 1992, there were
approximately 4,620 residential units and 1,034 motel/hotel units in the town. The extent of
damage will depend on the magnitude of the storm and where landfall occurs along the
Atlantic coast. Because of the potentially large job at hand, the limited personnel resources
available to conduct the assessments, and the limited time within which the initial assessment
must be made, the first phase of the assessment should consist of only an external visual survey
of damaged structures. A more detailed second phase assessment can be made after the initial
damage reports are filed.
The initial damage assessment should make an estimate of the extent of damage
incurred by each structure and identify the cause (wind, flooding, wave action, combination,
etc.) of the damage to each structure.
Damaged structures should be classified in accordance with the suggested state
guidelines as follows:
1. Destroyed (repairs would cost more than 50 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).
It will be necessary to thoroughly document each assessment. In many cases, mail
boxes and other information typically used to identify specific structures will not be found.
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Consequently, the Damage Assessment Team must be provided with tax maps, other maps, and ,
photographic equipment in order to record and document its field observations. Enough
information to complete the Damage Assessment Worksheet must be obtained on each
damaged structure.
The second phase of the Damage Assessment Operation will be to estimate the value
of the damages sustained. This operation should be carried out in the Emergency Operations
Center under the direction and supervision of the Building Inspector. Specific administrative
employees in Town Hall should be assigned to assist in carrying out this task.
In order to estimate total damage values, it will be necessary to have the following ,
information available for use at the Emergency Operations Center:
1. A set of property tax maps identical to those utilized by the damage assessment
field team.
2. Copies of all town property tax records. This information should indicate the
estimated value of all commercial and residential structures within the town.
Because time will be of the essence, it is recommended that the town
immediately commence a project listing the property values of existing ,
structures in Carteret County on the appropriate lots of the property tax maps
that will be kept at the Emergency Operations Center. While somewhat of a
tedious job, it should be manageable if it is initiated now and completed over
a 2 to 3 month period. The information will prove invaluable if a storm disaster
does occur. This set of tax maps should be updated annually prior to the
hurricane season. I
The town should update property tax information annually before the hurricane season.
This information . should then be kept available in the Emergency Operations Center for
estimating the value of sustained damages covered by hazard insurance. ■
In order to produce the damage value information required, the following methodology I
is recommended:
1. The number of businesses and residential structures that have been damaged
within the town should be summarized by damage classification category.
2. The value of each damaged structure should be obtained from the marked set of '
town tax maps and multiplied by the following percentages for appropriate
damage classification category: ,
• Destroyed - 100%
• Major Damage - 50%
• Minor Damage (uninhabitable) - 25%
• Habitable - 10%
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3. The total value of damages for the town should then be summarized and
reported, as required, to the County Emergency Operations Center.
' 4. The estimated value loss covered by hazard insurance should then be determined
by: 1) estimating full coverage for all damaged structures for situations where
the average value of such coverage exceeds the amount of damage to the
structure; and 2) multiplying the number of structures where damage exceeds the
' average value of insurance coverage by the average value of such coverage.
The Damage Assessment Plan is intended to be the mechanism for estimating overall
' property damage in the event of a civil disaster. The procedure recommended above represents
an approach for making a relatively quick, realistic 'order of magnitude" damage estimate after
a disaster.
' E. ORGANIZATION OF RECOVERY OPERATION
' Damage assessment operations are oriented to take place during the emergency period.
After the emergency operations to restore public health and safety and the initial damage
assessments are completed, the state guidelines suggest that a Recovery Task Force to guide
restoration and reconstruction activities be created. In Atlantic Beach, the Town Manager and
Department Heads will assume the responsibilities of such a Task Force. The Town Manager
will direct day-to-day operations. The following must be accomplished:
1. Establishing re-entry procedures.
2. Establishing an overall restoration schedule.
3. Setting restoration priorities.
4. Determining requirements for outside assistance and requesting such assistance
' when beyond local capabilities.
5. Keeping the appropriate county and state officials informed using Situation and
Damage Reports.
' 6. Keeping the public informed.
7. Assembling and maintaining records of actions taken and expenditures and
' obligations incurred.
8. Proclaiming a local "state of emergency" if warranted.
' 9. Commencing cleanup, debris removal and utility restoration activities which
would include coordination of restoration activities undertaken by private utility
companies.
' IV-29

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10. Undertaking repair and restoration of essential public facilities and services in
accordance with priorities developed through the situation evaluations.
11. Assisting private businesses and individual property owners in obtaining
information on the various types of assistance that may be available to them
from federal and state agencies.
In Before the Storm, a sequence and schedule for undertaking local reconstruction and
restoration activities is presented. The schedule was deliberately left vague because specific
reconstruction needs will not be known until after a storm hits and the magnitude of the
damage can be assessed. The following sequence of activities and schedule is submitted as a
guide which should be considered by the Damage Assessment Team, and revised as necessary
after the damage assessment activities are completed.
Activity
Time Frame
,
1)
Complete initial damage assessment.
Immediately after storm passes.
2)
Complete second phase damage
Completed by second week after
,
assessment.
the storm.
3)
Prepare summary of reconstruction
Completed one week after second
priorities.
phase damage assessment is
completed.
4)
Decision with regard to imposition of
One week after second phase
temporary development moratorium.
assessment is completed.
5)
Set reconstruction priorities and
Completed one week after
prepare master reconstruction
summary of reconstruction needs
schedule.
is completed.
6)
Begin repairs to critical utilities and
As soon as possible after disaster.
,
facilities.
7)
Permitting of reconstruction activities
One week after second phase
'
for all structures receiving minor
damage assessment is completed.
damage not included in development
moratorium areas.
t
8)
Permitting of reconstruction activities
Two weeks after second phase
for all structures receiving major
damage assessment is completed.
,
damage not included in development
moratorium areas.
9)
Initiate assessment of existing
Two weeks after second phase
,
mitigation policies.
damage assessment is completed.
10)
Complete reevaluation of hazard areas
The length of the period for
and mitigation policies in areas
conducting reevaluations and
subjected to development moratorium.
receiving input from the state
should not exceed two months.
,
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' Activily Time Frame
11) Review mitigation policies and Two months after temporary
development standards for areas development moratorium is
subjected to development moratorium imposed. (Subject to change
and lift development moratorium. based on circumstances
encountered.)
' 12) Permit new development. Upon suspension of any temporary
development moratorium.
The following provides an assignment of responsibilities:
1. Personal Iniuries and Public Health. The Town Manager will insure that the
Rescue Squad is manned and organized to coordinate effectively the activities
of supplemental ambulance squads and medical evacuation helicopters in
transporting casualties and sick persons to hospitals within or outside of Carteret
' County.
' 2. Post -Evacuation Re-entry and Security of Public and Private Properties. The
Town Manager will coordinate the actions of Atlantic Beach's law enforcement
forces with citizen volunteers and with externally furnished resources to provide
crime control. Unauthorized persons will be prevented from entering the town
by manned blockades of its land and water approaches.
' 3. Fire and Explosion Control. The Town Manager will coordinate the activities
of the local fire fighting forces with externally provided resources to insure the
control of fires and prevention of potential explosions. Hazardous conditions
1 caused by a hurricane or other disaster will be closely monitored and actions
coordinated with Utilities Liaison/Coordinator to be appointed by the Mayor and
Town Council.
r4. Federal and State Disaster Relief. The Building Inspector will conduct and
submit the preliminary damage assessment report and other reports required by
the Carteret County Emergency Management Office, the North Carolina Office
of Coastal Management, and the Federal Emergency Management Agency to
enable the Town of Atlantic Beach and its property owners to obtain financial
' relief.
5. Public Utilities. The Utilities Liaison/Coordinator, appointed by the Mayor and
' Town Council prior to the onset of the hurricane, will establish liaison with the
public utilities companies (electric, telephone, and water) to provide two-way
information between the utility companies and the Atlantic Beach Emergency
Operations Center to ensure the expeditious restoration of service in accordance
with mutually agreed -upon priorities.
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6. Highway and Street Accessibility. The Town Manager will conduct damage
surveys of public buildings and streets, establish priorities, arrange for contract
labor, and coordinate the removal of debris and unsafe conditions from the
town's streets and highways.
7. Emergency and Transient Housing. The Director of Civil Preparedness will
report on the availability of housing suitable for emergency use. The
Emergency Housing Coordinator (EHC), to be designated by the Town Manager,
will establish priorities and assign quarters for Atlantic Beach residents displaced
by the disaster. The EHC will also find temporary shelter for the National
Guard, the Red Cross and other disaster relief services, other authorized state
and federal personnel, and authorized public information media personnel who
may be on duty in town for extended periods.
8. Reconstruction Control. The Building Inspector will issue building permits in
accordance with federal, state and local governmental procedures and in
accordance with priorities established by the Town Council for the
reconstruction of municipal facilities, public housing, condominiums,
commercial establishments and residences.
9. Disaster Information Center. The Mayor and Town Council will designate a
Disaster Information Coordinator (DIC), who will establish the information
center which will be the focal point for the gathering and dissemination of
information. All town officials will submit periodic situation and progress
reports to the center regarding developments in their areas of responsibility and
they will be provided with information from others as it affects their operations.
The Mayor and Town Council will establish policies for the release of
information to the residents of the town and to the public information media.
10. Communications. This annex will be prepared when more information is
available concerning communications personnel and equipment that may be
provided by the Civil Air Patrol and nearby military establishments. It is
anticipated that a within -town citizens band network connecting the highway
check points, waterfront observation points, and the police may be organized
using portable, battery -operated walkie talkies.
11. Volunteer Manning Requirements. The Town Manager will organize the '
assignment of volunteers to perform the tasks identified in this plan.
12. Volunteer Civic Duty. Upon re-entry to Atlantic Beach, all citizens are urged
to go to the Town Hall to report on the safety of their family and to volunteer
to help the town recover from the disaster. There will be a need for more than
100 volunteers with all types of skills from clerical to labor. The safety report
is needed for reply to queries from relatives and others outside the area.
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F. RECOMMENDED RECONSTRUCTION POLICIES
The following policies and procedures shall be implemented as appropriate after a storm
occurs:
1. Re-entry Procedures
ACTIONS
PERSONS RESPONSIBLE
a)
Allow only elected officials,
Chief of Police
Emergency Services Officials and
Damage Assessment Team re-entry
to inspect and evaluate damage.
Allow liaison officer to work with
Highway Patrol.
b)
Conduct damage assessment
Assessment Team
activities.
c)
Establish pass system for residents
Chief of Police and
and property owners' re-entry.
Town Manager
d)
Coordinate assistance necessary to
Town Manager
restore municipal services.
e)
Restore power to pumps and motors.
Public Works Department
Check for visible breaks in water
lines. Restore water service one
section at a time and make necessary
repairs to insure complete system
will not be contaminated.
f)
Emergency operations center
Local Emergency Operation
reestablished at Town Hall.
Coordinator
g)
Permit re-entry of residents and
Chief of Police
property owners by pass when
authorized by Control Group.
h)
Patrol streets to prevent looting.
Chief of Police
i)
Rescind evacuation order and
Town Manager, Chief of
remove checkpoints when safe.
Police and Fire Chief
j)
Compile information provided by
Local Emergency Operation
damage assessment team.
Coordinator
k)
Transport invalids back to residence
Fire and Rescue
after checking for habitability.
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IV-33

2.
Bridge Re-entry Procedures I
a. Re-entry permits will be required to pass through roadblocks at either bridge to '
Bogue Banks. These permits must be applied for at the Town Hall prior to
evacuation. Town officials, police, fire, rescue, and civil preparedness
organization personnel will be issued special permits for early re-entry to inspect
the town for safe public re-entry. Atlantic Beach residents and others who are
authorized to return after the island has officially been declared safe for re-entry
may apply for permits at Town Hall. Others must remain on the mainland until
conditions are stabilized and normal traffic can be resumed. Atlantic Beach
permits are issued annually on cards. The card color varies from year to year. '
They are numbered serially and dated for control. During re-entry, permits are
to be placed on the dash in full view at all times. At check points on N.C. 58
at both entrances to Atlantic Beach, the permit will be marked to restrict persons
to the areas they are authorized to enter. The Atlantic Beach police will check
cards to intercept intruders.
b.
Atlantic Beach residents will be issued re-entry permits on the basis of one per
,
family. Two permits may be issued in exceptional cases. Applicants must show
proof of residency. These permits must be validated at the town hall each year.
No validation will be done or passes issued after condition one (evacuation) has
been declared. Prior to the evacuation, arrangement for special passes for
business people to pass through Atlantic Beach once condition one (evacuation)
has been declared shall be obtained through the Atlantic Beach Police
Department.
be issued Personal
C.
Short-term renters (vacationers) will not permits. property
tax records will be checked for proof of residency upon application.
d.
Re-entry permits will only be issued upon personal application at Town Hall
during normal duty hours.
'
e.
Non-resident owners of improved properties (not vacant lots) may be issued
permits on the basis of one per owner. They may apply in writing showing the
address of the property for a tax record check, and must enclose a self-addressed
envelope, 6" x 9" or larger, bearing sufficient postage, or they may apply at the
Town Hall in person.
'
f.
Owners and managers of motels and other businesses may apply for re-entry
permits for themselves and employees who are required before normal traffic is
resumed. The manager, or his representative, must submit a written application
'
listing the number of re-entry permits required and the position of each person
who will receive one. These permits must be retained under the control of the
for issue before
manager the storm strikes.
IV-34 ,

3. Permittine
a. Building permits to restore structures located outside of designated AEC areas
that were previously built in conformance with local codes, standards, and the
provisions of the North Carolina Building Code shall be issued automatically.
b. All structures suffering major damages as defined in the Town's Damage
Assessment Plan shall be repaired or rebuilt to conform with the provisions of
the CAMA regulations (including setbacks), North Carolina Building Code, and
the Atlantic Beach Zoning Ordinance.
C. All conforming structures suffering minor damage as defined in the Atlantic
Beach Damage Assessment Plan shall be permitted to be rebuilt to their original
state before the storm condition.
d. For all structures in designated AECs, a determination shall be made for each
AEC as to whether the provisions of the CAMA regulations (including
setbacks), N.C. Building Code, the state regulations for Areas of Environmental
Concern, the Atlantic Beach Zoning Ordinance appeared adequate in minimizing
' storm damages. For areas where the construction and use requirements appear
adequate, permits shall be issued in accordance with permitting policies a, b and
c. For AECs where the construction and use requirements do not appear to have
' been adequate in mitigating damages, a Temporary Development Moratorium
for all structures located within that specific AEC shall be imposed.
e. Permits shall not be issued in areas subject to a temporary development
moratorium until such a moratorium is lifted by the Atlantic Beach Town
Council.
4. Utility and Facility Reconstruction
' a. The town will endeavor to repair all damaged water system components so as
to be elevated above the 100-year floodplain or they shall be floodproofed, with
the methods employed and the construction being certified by a registered
professional engineer.
b. Overhead power lines and utility poles along Highway 58 present the greatest
obstacle to the safe evacuation of residents in the event of a major storm
disaster. Relocating these lines underground or moving them away from
1 rights -of -way would be very costly at this time. However, if major damage
occurs as a result of a storm, the cost effectiveness would improve and public
safety considerations might override economic considerations. Atlantic Beach
encourages the relocation of overhead power lines underground or away from
evacuation routes if substantial damage to the existing system is sustained during
a major storm.
C. The potable water supply will be turned off in the event of evacuation.
' IV-35

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5. Temporary Develovment Moratorium
Under certain circumstances, interim development moratoriums can be used in order to ,
give a local government time to assess damages, to make sound decisions and to learn from
its storm experiences. Such a moratorium must be temporary and reasonably related to the
public health, safety and welfare. 1
It is not possible to determine prior to a storm whether a temporary development
moratorium will be needed. Such a measure should only be used if damage in a particular area
is very serious and if redevelopment of the area in the same manner as previously existed
would submit the residents of the area to similar public health and safety problems. In Atlantic '
Beach, such a situation is most likely to occur in one or more of the AECs.
Atlantic Beach's policy regarding the proclamation of temporary development
moratoriums shall be:
a. To determine for each AEC whether the provisions of N. C. Building Code, the ,
state guidelines for AECs, and the Atlantic Beach Zoning Ordinance appeared
adequate in minimizing storm damages. For AECs where the construction and
use requirements do not appear adequate, a temporary development moratorium ,
for all structures located within that specific AEC shall be imposed.
b. After imposing a temporary development moratorium for an AEC, the Town of
Atlantic Beach shall request that the Coastal Resources Commission conduct a
special analysis for the town and all other similar communities in order to
determine how local regulations for those hazard areas, which are based on state ,
and/or federal guidelines or requirements, should be improved or modified. A
response from the state within a reasonable time period as determined through
negotiations should be requested. '
C. The temporary building moratorium in all AECs shall be lifted after local
ordinances and regulations have been revised based on state recommendations ,
or decisions of the Mayor and Town Council. Reconstruction shall be permitted
in accordance with existing regulations and requirements.
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SECTION V. RELATIONSHIP OF POLICIES
'
AND LAND CLASSIFICATION
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ISECTION V: RELATIONSHIP OF POLICIES AND LAND CLASSIFICATIONS
The 15A NCAC 7B planning guidelines require that this land use plan relate the
policies section to the land classification map and provide an indication as to which land uses
are appropriate in each land classification. The Atlantic Beach Zoning Ordinance is consistent
with the land classification map and supports the distribution of land uses shown on that map.
A. DEVELOPED CLASS
' The developed land classification is divided into the categories of developed residential
and developed commercial. The classifications are delineated on the land classification map.
Within the developed classification, the policies contained in this plan are supported by local
codes and ordinances, including the town's zoning, subdivision, erosion and sedimentation
control, and group housing ordinances. In addition, policies addressing the following areas
apply which may affect consistency reviews at the state and federal government levels: energy
siting and offshore drilling, sewage treatment, erosion and sedimentation control, transportation
planning and facilities construction, groundwater protection, and community facilities
' construction. Almost all land within this classification is developed. The policies contained
within this plan clearly support public and private redevelopment projects.
B. URBAN TRANSITION CLASS
The urban transition classification includes lands which may be developed during the
planning period. All of the town's remaining maritime forest areas are located within this
classification. Regulation of the town's maritime forest areas is provided by the Atlantic Beach
zoning ordinance. The policies contained in the plan allow residential usage ranging from
single-family to multi -family development. The policies which are applicable to the urban
transition classification are supported by local codes and ordinances, including the town's
zoning, subdivision, erosion and sedimentation control, and group housing ordinances. In
addition, policies addressing the following areas apply which may affect consistency reviews
at the state and federal government levels: energy siting and offshore drilling, sewage
' treatment, erosion and sediment control, and groundwater protection. The policies contained
in this plan support single and multi -family development and regulation of maritime forest
development.
C. CONSERVATION CLASS
The conservation classification includes all 15A NCAC 7H designated areas of
environmental concern and 404 wetlands. Maritime forest areas are not included. The
conservation classification includes the town recreational sound zoning district. The policies
' contained in this plan exceed the 15A NCAC 7H minimum use standards in the following
areas:
' -- The town's policy is that sound and estuarine islands should not be developed
except for Money Island which is zoned RA-1.
' V-1

-- Atlantic Beach has adopted an ordinance governing bulkheading along the
estuarine shoreline and the zoning ordinance limits lot coverage to 40%, thus '
60% of residential lots remain open.
-- Industrial development will not be allowed in estuarine shoreline, estuarine
,
water, and public trust areas.
-- Atlantic Beach opposes the construction of any privately owned signs in the
coastal wetlands, estuarine waters, and public trust areas. Publicly owned
instructional signage will be permitted.
-- Article II of the Beach and Shore Regulations of the Atlantic Beach Town Code
regulates vehicular traffic, off -road vehicles, in the beach area. Vehicular traffic
is prohibited between 12:01 a.m. on Friday before Easter Sunday and 12:00
midnight on the Wednesday following Labor Day. However, vehicles operated
by commercial fishermen issued a valid state fishing license are exempt. The
town will continue to regulate off -road vehicles through enforcement of Article
II of the Town Code.
-- The Town of Atlantic Beach opposes any offshore exploration for or production
of oil or natural gas.
-- In Atlantic Beach, no storm drains or drainage ditches shall be constructed
,
which discharge directly into estuarine waters, or public trust waters. Some
form of water retention area or settling basin must be provided. The town will
encourage the use of "best management practices" to minimize the rapid release
,
of pollutants to coastal waters through stormwater runoff. Examples of these
practices include using pervious or semi -pervious materials, such as turf stone
'
or gravel for driveways and walks; retaining natural vegetation along marsh and
waterfront areas to retain its natural filtering properties; and allowing stormwater
to percolate into the ground, rather than discharging it directly to coastal waters.
,
-- The maritime forest is an important natural resource to the town. The maritime
forest and shrub thicket maintain the stability of the land in the face of wind and ,
water erosion. The forest and shrub thicket are important to the attractiveness
of the town and the island. It is town policy to protect as much of this resource
as possible while allowing for a moderate amount of development which would
not be destructive to the uniqueness of this resource. The town will encourage
future developers to use planned unit development in and around these maritime ,
forest areas. It is the goal of this policy to shift development from wooded
areas to the periphery or cleared areas without interfering with developers'
expectations concerning the number of dwelling units or commercial structure
or the amount of commercial building space they will realize from a tract or
parcel. It is town policy to require large lot sizes in these areas and to limit the
amount of clearing of vegetation to only so much as is necessary to site a home '
and provide access. Further, it is the town's policy that the overall benefits
V-2 '

1 resulting from public improvement projects of town -wide significance may
outweigh the desire to preserve as much maritime forest as possible. For
' example, the clearing of maritime forest to construct a wastewater treatment
plant designed to serve the entire town would be justified because of the
overriding benefits that would accrue to the public at large.
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APPENDIX I
METHODOLOGY USED FOR ESTIMATING
CARTERET COUNTY SEASONAL POPULATION BY TOWNSHIPS
1970 and 1980 seasonal populations by township were derived using Carteret County Planning
Department figures for seasonal housing units distributed by township included in the 1985
Land Use Plan, and total seasonal unit (including marinas, hotels, and campgrounds) analysis
included in an ECU seasonal housing study (Tschetter, Paul D., "Characterization of Baseline
Demographic Trends in the Year -Round and Recreational Populations in the Albemarle -
Pamlico Estuarine Study Area, 1987"). The ECU study assumes an average population of 4.5
individuals for each seasonal housing unit, 3.5 individuals for each hotel/hotel room, 3.0
individuals for each campground site, and 3.25 individuals for each transient marina slip.
1990 seasonal population estimates by Carteret County township were derived as follows.
First, the increase in seasonal population by township from 1970-80 was divided into the total
seasonal population increase for Carteret County from 1970-80 (26,620). The resultant ratio
for that township was then applied to the increase in seasonal population for the entire county
from 1980-90 (40,232). The result was then added to the 1980 seasonal population for that
township to obtain estimated 1990 seasonal population. This methodology assumes that the
relative growth rates of seasonal population by township were the same from 1980-90 and
1970-80. (The overall county seasonal population annual growth rate from 1970-80 was
actually almost twice as high as the annual rate from 1980-90).
Seasonal increases by municipality/unincorporated area from 1980-90 for Beaufort, White Oak,
and Newport townships were calculated by assuming that seasonal growth in those three
townships from 1980-90 paralleled permanent geographic population trends (this has the added
benefit of accounting for changes in seasonal population growth patters due to annexation).
Therefore, the percentage of total increase in each of these township's permanent population
from 1980-90 attributable to individual municipalities and unincorporated areas was applied
to the corresponding total seasonal population increase by township. The result was a seasonal
population increase from 1980-90 for each municipality and unincorporated area in those three
townships.
In Morehead City Township, however, it is probable that the percentage of the new seasonal
population impacting the beach communities from 1980-90 was much higher than the
percentage of permanent township population moving to the beach communities over the same
period, since Morehead City and its outlying areas do not have as high a seasonal/permanent
population ratio as the beach communities. It was therefore assumed that the seasonal
population grew at the same rate as permanent population in Morehead City and unincorporated
areas of Morehead township from 1980-90. Once increases for those two areas were entered,
the seasonal increases for each of the three Morehead City beach communities were calculated.
This was based on the ratio of individual beach community permanent population increase to
total beach community permanent population increase from 1980-90, multiplied by the total
seasonal increase for all three beach communities from 1980-90; i.e., the same methodology
used for Newport, Beaufort, and White Oak townships was applied to only a portion of
Morehead Township.

APPENDIX II
EHNR - COASTAL MANAGEMENT TISA: 07H .0100
SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN
SECTION .0100 - INTRODUCTION AND GENERAL COMMENTS
.0101 INTRODUCTION
(a) One of the basic purposes of North Carolina's Coastal Area Management Act (CAMA 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 these objectives into future desired land use
patterns; and second, the designation of areas of environmental 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 resource 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 integrated 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 the
'
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 Commission (CRC or the
Commission) for areas of environmental concern, as mandated by the act.
History Note: Statutory Authority G.S. 113A-101: 113A-102; 113A-124(c)(5);
EJj. September 9, 1977.
.0102 CAMA PROVISIONS FOR AECs
(a) The Coastal Area Management Act requires that these state guidelines "shall give particular attention
to the nature of development which shall be appropriate within the various types of areas 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 expanding 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 features
of the coast which make it economically, aesthetically, and ecologically rich will be destroyed."
(e) To prevent this destruction, the act charges the Coastal Resources Commission with the responsibility
for identifying types of areas — water as well as land — in which uncontrolled or incompatible development
might result in irreversible damage. It further. instructs the Commission to determine what 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 controlling any inappropriate
'
or damaging development activities within the AECs. The intent of this authority is not to stop development,
but rather to ensure the compatibility of development with the continued productivity and value of certain
critical land and water areas.
(f) The act divides the implementation responsibilities of the permit program between local governments
and the CRC. Individuals proposing "minor development" activities [defined in G.S. 113A-I18(d)(2)] within
NORTH CAROLINA ADMINISTRATIVE CODE 1211I/91 Page I

EHNR - COASTAL MANAGEMENT TISA: 07H .0100
an AEC will be required to receive permits from a local permit officer, while individuals undertaking "major
development" activities [defined in G.S. 113A-118(d)(1)] will seek permits 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 Note: 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 (CRAG). 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 selecting interim areas of environmental concern
(IAECs) after which the categories were once again reviewed 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 groupings.
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 presenting 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 Note: Statutory Authority G. S. 113A-124;
Eff September 9, 1977.
.0104 DEVELOPMENT INITIATED PRIOR TO EFFECTIVE DATE OF REVISIONS
(a) The following Rules shall be used to determine whether the revisions to guidelines for development 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 CAMA permit was
filed and accepted before June 1, 1979. However if the application should lapse or be denied,
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 accepted
in accordance with the applicable rules of the agency responsible for the permit. However, 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
development 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:
(A) the lot on which the proposed development is to be located shall have been accurately shown on
the major development permit application and the boundaries must not have been significantly
altered.
(B) the lot 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 major permit was issued.
(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 apply only to development for which a permit application is submitted prior to
expiration of the major development permit issued before June 1, 1979.
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11
Lam'
r
(4) In those cases where any necessary local approval was issued for a proposed subdivision
development prior to July 15, 1979, the Division of Coastal Management advised the developer
in 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 Division 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($) 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 November
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 pursuant
to 15A NCAC 7J .0404, .0405 and .0406 and 15A NCAC 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 by ISA NCAC 7J .0403); and
(2) the completion of projects that were outside of CAMA permit jurisdiction prior to November 1,
1983, provided that all other required state and local permits had been applied for in accordance
with the rules of the agencies responsible for such permits and that the developer has materially
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
CAMA 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 Note: Statutory Authority G.S. 113A-107,• 113A-113, 113A-124;
Eff. September IS, 1979;
Amended Eff. May 1, 1990; November 1, 1988, September 1, 1988;
December 1, 1985.
.0105 EFFEC WE DATE OF RULE AMENDMENTS
Unless explicitly stated otherwise, the state guidelines for Arras 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 Note: Statutory Authority G.S. 113A-107;113A-124,
' Eff. December 1, 1982.
Eff. September 9, 1977;
Amended Eff. May 1, 1990; January 24, 1978.
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' EHNR - COASTAL MANAGEMENT TISA: 07H .0200
SECTION .0200 - THE ESTUARINE SYSTEM
0201 ESTUARINE 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.
' History Note: Statutory Authority G.S. 113A-113(b)(7); 113A-113(b)(2); 113A-113(b)(5);
113A-113(b)(6)b; 113A-124;
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 system 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 Note: Statutory Authority G. S. 113A-707(a); 113A-107(b); 113A-124;
Eff. September 9, 1977.
' 0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM
It is the. ol�-ctive of the Coastal Resources Commission to give high priority to the-71tection and
coordinated management of estuarine waters, coastal wetlands, public trust areas, and estuarit,e shorelines,
' as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and
aesthetic values and to ensure that development occurring within these AECs is compatible with natural
characteristics so as to minimize the likelihood of significant loss of private property and 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.
History Note: Statutory Authority G. S. 102(b)(1); 102(b)(4); 113A-107(a);
' 113A-107(b); 113A-124,
E• .. September 9, 1977;
Amended Eff. September 1, 1985.
' .0204 AECs WITHIN THE ESTUARINE SYSTEM
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 within each
AEC.
History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113A-124,
Eff. September 9, 1977.
.0205 COASTAL WETLANDS
' (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 alterniflora),
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,
(2) Black Needlerush (Juncus roemerianus),
(3) Glasswort (Salicornia spp.),
(4) Salt Grass (Distichlis spicata),
(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 EHNR reasonably
deems necessary to affect by any such order in carrying out the purposes of this Section." [G.S. 113-230(a)).
(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 exportation 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.
Man 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 an8 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 serve 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, pollut;!nts and excessive nutrients are absorbed
by the marsh plants, thus providing an inexp, ;nsive water treatment service.
(c) 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 Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124, '
Eff. September 9, 1977,•
Amended Eff. May 1, 1990; January 24, 1978.
.0206 ESTUARINE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A-113(b)(2). The boundaries between inland and
coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Commission and the '
Department of Environment, Health, and Natural Resources and in the most current revision of the North
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Carolina Marine Fisheries Regulations for Coastal Waters, codified at 15A NCAC 3Q .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 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 pollutants, 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 required to
service commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies,
processing operations, and tourist related industries. In addition, there is considerable nonmonetary 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, aesthetic, 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. Highest priority of use shall be allocated to the conservation of estuarine waters and its vital
components. Second priority of estuarine waters use shall be given 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 every instance,.,the pprticular location, use, and design characteristics .-bell be in accord with !':e gen,ral
use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this
Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2), 113A-124,
Eff.. September 9, 1977,-
' Amended Eff. November 1, 1991; May 1, 1990; October 1, 1988; December 1, 1985.
.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 created 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 prescription, custom, usage,
dedication, or any other means. In determining whether the public has acquired rights in artificially created
11
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.
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'
(b) Significance. The public has rights in these areas, including navigation and recreation. In addition,
these areas support valuable commercial and sports fisheries, have aesthetic value, and are important resources
'
for economic development.
(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 directly 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 Note: Statutory Authority G.S. 113A-107(a), 113A-107(b); 113A-113(b)(5); 113A-124;
'
EJf. September 9, 1977.
.0208 USE STANDARDS
'
(a) General Use Standards
(1) Uses which are not water dependent will not be permitted in coastal wetlands, estuarine waters,
and public trust areas. 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; bridges and
bridge approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring pilings;
'
navigational channels; simple access ch-.anels 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
permit -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 archaeological
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 estuarine
resources.
(H) Development shall not impede navigation or create undue interference with access to, or use of,
'
public trust areas or estuarine waters.
(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 long
range adverse effects of the project, that there is no reasonable and prudent alternate site available
,
for the project, and that all reasonable means and measures to mitigate adverse impacts of the
'
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' EHNR - COASTAL MANAGEMENT T15A: 07H .0200
project have been incorporated into the project design and will be implemented at the 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 development
of finfish and crustaceans takes place. They are usually located in the uppermost sections of a
1 system where populations are uniformly early juvenile stages. They are officially designated and
described by the N.C. Marine Fisheries Commission in 15A NCAC 3B .1405 and by the N.C.
Wildlife Resources Commission in 15A NCAC IOC .0110.
(5) Outstanding Resource Waters are those estuarine waters and public trust areas classified by the
N.C. Environmental Management Commission pursuant to Title 15A, Subchapter 213 .0216 of the
N.C. Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters
are of exceptional state or national recreational or ecological significance. In those estuarine waters
and public trust areas classified as ORW by the Environmental Management Commission (EMC).
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, EMC, or Marine
Fisheries Commission (MFC) for estuarine waters, public trust areas, 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 vegetation, or significant areas
of regularly or irregularly flooded coastal wetlands.
(A) Navigation channels and canals may be allowed through narrow fringes of regularly and
' irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse
impacts on fishery r-sources, water quali'p.or aa.iacent 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 irregularly
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 areas, remnant spoil piles, or disposed of by an acceptable method having
no significant, long term wetland impacts. Under no circumstances shall spoil be placed on
regularly flooded wetlands.
' (D) Widths of the canals and channels shall be the minimum required to meet the applicant's 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
Management and the Division of Environmental Health;
(ii) no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins and grassed swales.
(H) Construction of finger canal systems will not be allowed. Canals shall be either straight or
meandering with no right angle corners.
' (1) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may
include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics.
(.I) Maintenance excavation in canals, channels and boat basins within primary nursery areas should
t be avoided. However, when essential to maintain a traditional and established use, maintenance
excavation may be approved if the applicant meets all of the following criteria as shown by clear
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'
and convincing evidence accompanying the permit application. This Rule does not affect
restrictions placed on permits issued after March 1, 1991.
(i) The applicant demonstrates and documents that a water -dependent need exists for the
'
excavation; and
(ii) There exists a previously permitted channel which was constructed or maintained under
permits issued by the State or Federal government. If a natural channel was in use, or if a
'
human -made channel was constructed before permitting was necessary, there must be clear
evidence that the channel was continuously used for a specific purpose; and
(iii) Excavated material can be removed and placed in an approved disposal area without
'
significantly. impacting adjacent nursery areas; and
(iv) The original depth and width of a human -made or natural channel will not be increased to
allow a new or expanded use of the channel.
'
(2)
Hydraulic Dredging
(A)
The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude
erosion of the containment dike and a maximum distance from spillways to allow adequate
settlement of suspended solids.
'
(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 irregularly
flooded marshland and with adequate soil stabilization measures to prevent entry of sediments 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.
(0)
Publicly funded projects will be considered by review agencies on a case by case basis with
respect to dredgingmi , othods and spoil disptral. •.•
t
(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 shows that larger ditches are necessary for adequate
drainage.
'
(B)
Spoil derived from the construction or maintenance of drainage ditches through regularly flooded
marsh shall be placed landward of these marsh areas in a manner that will insure that entry of
sediment into the water or marsh will not occur. Spoil derived from the construction or
t
maintenance of drainage ditches through irregularly 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, productive
shellfish beds, submerged grass beds, or other documented important estuarine habitat. Particular
attention shall be placed on the effects of freshwater inflows, sediment, and nutrient introduction.
'
Settling basins, water gates, retention structures are examples of design alternatives that may be
(4)
used to minimize sediment introduction.
Nonagricultural Drainage
'
(A)
Drainage ditches shall be designed se that restrictions in the volume or diversions of flow are
(B)
minimized to both surface and ground water.
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 habitats.
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(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 habitats,
except for dredging necessary for access to high -ground sites. The following four alternatives
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
wetland resources and the basin design shall provide adequate flushing by tidal or wind
generated 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 primary
nursery arras for existing marinas will be considered on a case -by -case basis.
(C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas
shall be used where feasible.
(M.. , Ma-..nas to be developed in waters subject to public•trust rights (other thw-those created by
dredging upland basins or canals) for the purpose of providing docking for residential
developments shall be allowed no more than 27 sq. ft. of public trust areas for every one lin. ft.
of shoreline adjacent to these public trust areas 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
established 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
habitat 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) Marina basins shall be designed 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 public trust
areas 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
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all federally 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 sufficient
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
(L)
site to an acceptable disposal area will be acceptable.
Marina design shall comply with all applicable requirements for management of stormw•ater
'
runoff.
(M)
Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and explaining
the availability of information on local pump -out services.
'
(l)
Boat maintenance areas must be designed 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, bulkheading, dredging
'
and spoil disposal.
(P)
All applications for marinas shall be reviewed to determine their potential impact and compliance
with applicable standards. Such review shall consider the cumulative impacts of marina
'
development.
(ty
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 consideration
,
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 residential
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 perpendiov' r to the marsh edge ctsendirg 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 of
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
Engineers, 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 riparian
access. 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 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 water'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. Application
of this rule may be aided by reference to an approved diagram illustrating the rule as applied to
'
various shoreline configurations. Copies of the diagram may be obtained from the Division of
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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
proposed dock or pier would extend.
(7) Bulkheads and Shore Stabilization Measures
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate mean high water
(B)
(C)
(D)
(i)
or normal water level.
Bulkheads shall be constructed landward of significant marshland or marshgmss fringes.
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.
Bulkheads or other structures employed for shoreline stabilization shall be permitted below
approximate -mean high water or normal water level only when the following standards are met:
the property to be bulkheaded has an identifiable erosion problem, whether it results from
(iii)
(iv)
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
provisions of this Rule;
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
resulting from the unusual geographic or geologic features;
the bulkhead alignment will not result in significant adverse impacts to public trust rights or
to the property of adjacent riparian owners;
the need for a bulkhead below approximate mean high water or normal water level is
documented 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.
(F) Where p�,5sible, doping rip -rap, gabions, or vegetation shall be upc•: ,ether than vertical sea•• alls.
(8) Beach Nourishment
' (A) Beach creation or maintenance may be allowed to enhance water related recreational facilities for
public, commercial, and private use.
(B) Beaches may be created 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 where 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 and
highly erodible finger material. Grain size shall be equal to or larger than that found naturally
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 rules governing spoil disposal;
(ii) it is allowed to dry for a suitable period; and
' (iii) only that material of acceptable grain size is removed from 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 siltation
from the site would pose a threat to shellfish beds.
(G)
Material shall not be placed on any coastal wetlands or submerged aquatic vegetation.
(H)
Material shall not be placed on any submerged bottom with significant shellfish resources.
'
(I)
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.
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EHNR - COASTAL MANAGEMENT TISA: 07H .0100
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(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 repeated
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 is justified by site specific conditions, sound engineering and design
,
principals.
(B) Groins shall be set back a minimum of 15 ft. 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 construction of
the groin 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 groin.
(C) Groins shall pose no threat to navigation.
(D) The height of groins shall not exceed I 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
'
provides 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 Note: Statutory Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124;
Eff. September 9, 1977;
Amended Eff. November 30, 1992; August 3, 1992; December 1, 1991; July 1, 1991.
,
.0209 ESTUARINE SHORELINES
(a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered a
component of the estuarine system because of the clos: association with the a0:acent estuarine. wt:ters. This
'
Section defines estuarine shorelines, describes the significance, and articulates standards for development.
(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 estuary. 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 Environment, Health, and Natural Resources [described in Rule .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
t
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.
t
(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 surfaces
and areas not allowing natural drainage to only so much as is necessary to adequately service the
major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed
'
30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, 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
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EHNR - COASTAL MANAGEMENT TISA: 07H .0100
applicant designs the project to comply with the intent of the rule to the maximum extent 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 fora 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
' erosion -control devices or structures.
(C) All development projects, proposals, and designs which involve uncovering more than one acre
of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
t 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
architectural or archaeological resources.
(8) Established common-law and statutory public rights of access to the public trust lands and waters
' 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 EMC, no CAMA permit will be approved for any project which would be inconsistent with
applicable use andards adopted by z%e CRC::, EMC or MFC for estuarine waters, public :.u[.
areas, 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.
(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 resource
' 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 CAMA permii 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
1 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 defined
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'EMC.
' HLrtory Note: Filed as a Temporary Amendment Eff. December 18, 1981, for a Period of
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TISA: 07H .0200
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. August 3, 1992; December 1, 1991; May 1, 1990; October 1, 1989.
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SECTION .0300 - OCEAN 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 endanger life or
property. Ocean hazard areas 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 Note: Statutory Authority G.S. 113A-107(a); I MA-107(b); 113A-113(b)(6a);
IMA-113(b)(6b); 113A-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 form the shore. During storms, these forces are
intensified and can cause significant changes in the bordering landforms and to structures located on them.
Ocean 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 location and form of the various hazard area landforms, in particular 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 landform lies in the particular role it plays in affording
protection to life and property. (the role of each landform is described in detail in Technical Appendix 2 in
terms 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 Note: Statutory Authority G.S. IMA-107(a); 113A-107(b), IMA-113(b)(6a);
1I3A-113(b)(6b); IMA-113(b)(6d); 113A-124;
Eff. September 9,1977,-
' Amended Eff. October 1, 1992.
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 structures and by care taken in
prevention of damage to natural protective features particularly primary and frontal dunes. Therefore, it is
the CRC's objective to provide management policies and standards for ocean hazard areas that serve to
eliminate unreasonable danger to fife and property and achieve a balance between the financial, safety, and
social factors that are involved in hazard area development.
(b) The purpose of these Rules 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 erosion, preventing
encroachment of permanent structures on public beach areas, preserving the natural ecological conditions of
' the barrier dune and beach systems, 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 and use of the lands and waters of the coastal area.
' History Note: Statutory Authority G.S. IMA-107(b); 113A-113(b)(6) a.; 113A-113(b)(6) b.;
113A-113(b)(6)d.; 113A-124;
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Eff. September 9, 1977;
Amended Eff. October 1, 1992; December 1, 1991; September 1, 1985; Februan• 2, 1981.
'
.0304
AECs WITHIN OCEAN HAZARD AREAS
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
t
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 VI-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 are 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 cbannelization. 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)
Unvegetated Beach Area. This is a dynamic area that is subject to rapid unpredictable landform
change from wind and wave action. The areas in this category shall be designated following
'
detailed studies by the Coastal Resources Commission. These arras shall be designated on maps
approved by the Commission and available without cost from any local permit officer or the
Division of Coastal Management.
'
History Note: Statutory Authority G.S. 113A-107, 113A-113, 113A-124, '
Eff. September 9, 1977;
Amended Eff. November 1, 1988; September 1, 1986,• December 1, 1985;
January 1, 1984.
.0305 GENERAL IDENTIFICATION AND DESCRIPTION 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 growth of vegetation occurs, or
(2) a distinct change in slope or elevation alters the configuration of the landform, whichever is farther
landward. '
(b) Primary Dunes. Primary dunes are the fast 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
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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. 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 to offer protective value.
(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 incluae all of the land areas defined in .0304 of this Section. Natural or man-made landmarks may
be considered in delineating this area.
(e) "Vegetation Line" means the first line of stable natural vegetation, which shall be used as the reference
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 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 photographic interpretation) to establish the line.
(f) "Erosion Escarpment" means normal vertical drop in the beach profile caused from high tide 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;113A-113(b)(6); 113A-124,-
Eff. September 9, 197-
Amended Eff. December 1, 1992; September 1, 1986;December 1, 1985; February 2, 1981.
.0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS
(a) In order to protect life and property, all development not otherwise specifically exempted or allowed
by law or elsewhere in these Rules 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
development 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 first 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 located
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 is proposed, the development shall be set behind the frontal dune or behind the
long-term erosion setback line, whichever is farthest from the first line of stable natural vegetation
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
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services 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 than is the case
with smaller structures. Therefore, in addition to meeting the criteria in this Rule for setback
behind the primary or frontal dune or both the primary and frontal dunes, for all multi -family
residential structures (including motels, hotels, condominiums and moteliminiums) of more than
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 as established
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 and use of 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. Other dunes within the ocean hazard area shall not be disturbed unless the
development of the property is otherwise impracticable, and any disturbance of any other dunes shall be
allowed 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, and bridges.
(d) Development shall not cause major or irreversible damage to valuable documented historic architectural
or archaeological resources documented by the Division of Archives and History, the National Historical
Registry, the local land -use plan, or other reliable sources.
(e) Development shall be consistent with minimum lot size and set back requirements established by 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 I, 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 nor
shall such development increase the risk of damage to public trust areas.
(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.
0) 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 development 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 rules. Structures including 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 located seaward of the primary
structure. In these cases, all other applicable local and state rules shall be met.
0) Permits shall include the condition that any structure shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
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within two years of the time when it becomes imminently threatened, and in any case upon its collapse or
subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of
the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened,
' then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's
right to seek authorization of temporary protective measures allowed under Rule .0308(a)(2) of this Section.
' History Note: Statutory Authority G. S. 113A-107,• 113A-113(b)(6); 113A-124,
Eff. September 9. 1977;
Amended Eff. December 1, 1991; March 1, 1988; September 1, 1986; December 1, 1985;
RRC Objection due to ambiguity Eff. January 24, 1992;
Amended Eff. March 1, 1992;
RRC Objection due to ambiguity Eff. May 21, 1992;
Amended Eff. October 1, 1992; June 19, 1992.
.0307 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
History Note: 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,
Eff. September 9, 1977;
Amended Eff. January 24, 1978;
Repealed Eff. September 15, 1979.
.0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
(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.
Alternative approaches may be allowed where the applicant can show that such measures are
necessary 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 enjoyment
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 revetments,
wooden, metal, concrete or rock jetties, groins and breakwaters; concrete -filled sandbags and tire
structures.
(C) Rules 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 construction.
(D) Erosion control measures which will interfere with public access to and use of the ocean beaches
are prohibited.
(E) 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.
(F) Shoreline erosion control projects shall not be constructed in beach or estuarine area that sustain
substantial habitat for important wildlife species unless adequate mitigation measures are
incorporated into project design, as set forth in Rule .0306(1) of this Section.
(0) Project construction shall be timed to have minimum significant adverse'effect on biological
' activity.
(H) 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 save notice on the owner(s) by registered or certified mail.
(I) All oceanfront erosion control projects shall be consistent with the general policy statements in
15A NCAC 7M .0200.
(1) 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.
(K) All permitted erosion control devices shall be marked so as to allow identification for monitoring
and potential cleanup purposes.
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(L) Erosion control structures that would otherwise be prohibited by these standards may be permitted
on finding.that:
(i) the erosion control structure is necessary to protect a bridge which provides the only existing
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) Permitable 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 provided
they are continuously buried by suitable sand from an outside source.
(B) Temporary erosion control structures as defined in (A) of this Paragraph may be used only to
protect imminently threatened structures. Normally, 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 Commission
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
'
alternate erosion control method, any remnants of the temporary erosion control structure exposed
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 least 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
documented as a nuisance to private property or to the public well being: "Nuisance" will be
defined as any interference with reasonable use of public trust areas or other lands within the
ocean hazard system AECs that are subject to public trust use.
(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 shall 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
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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 shall 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 shall 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
Development and State Dredge and Fill Permit;
(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) The activity may be 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:
(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
situations, 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
minimized. 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 of the same general characteristics as the sand
in the area in which it is to be placed.
(5) No new dunes shall be created in inlet hazard areas.
(6) Sand held in storage in any dune, other than the frontal or primary dune, may be redistributed
within the AEC provided that it is not placed any farther oceanward than the crest of a primary
dune or landward toe of a frontal dune.
I (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
accessways 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
erosion; and
(D) Any areas of vegetation that are disturbed arc mvegetated as soon as feasible.
(3) An accessway which does not meet (2)(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 provided 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:
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(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 the North
Carolina Building Code including the Coastal and Flood Plain Construction Standards, Chapter 34,
Volume I or Section 39, Volume 1-B and the local flood damage prevention ordinance as required
by the National Flood Insurance Program. If any provision of the building code or a flood damage
prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive
provision 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 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 shall meet
this standard or shall be designed to break -away without structural damage to the main structure.
History Note: 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); 113A-113(b)(6)a.,b.,d., 113A-124;
Eff. June 1, 1979,-
Amended Eff. August 3, 1992, December 1, 1991; March 1, 1990, December 1, 1989;
RRC Objection Eff. November 19, 1992 due to ambiguity;
Amended Eff. December 28, 1992.
.0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
(a) The following types of development may be permitted seaward of the oceanfront setback requirements
of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and other state and local
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 a footprint of 500 square feet;
(5) beach accessways consistent with Rule .0308(c) of this Subchapter;
(6) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less;
(7) uninhabitable, single -story storage sheds with a footprint 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 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 Subchapter
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 existing
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;
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' (B) The footprint of the structure be no more than 1,000 square feet or 10 percent of the lot size.
whichever is greater.
(5) All other provisions of this Subchapter and other state and local regulations are met. If the
I 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 CAMA permit application.
For the purposes of this Rule, an existing lot is a lot or tract of land which, as of June 1, 1979, is specifically
I 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. The footprint is defined as the greatest exterior
dimensions of the structure, including covered stairways, when extended to ground level.
History Note: 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.; 113A-124;
Eff February 2, 1981;
IAmended EJf. January], 1991, April 1, 1987; December 1, 1985, November 1, 1983.
.0310 USE STANDARDS FOR INLET HAZARD AREAS
I (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 residential
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 waters
' in inlet hazard area shall not be eliminated or restricted. Development shall not encroach upon
public accessways nor shall it limit the intended use of the accessways;
(5) 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 types of development exempted from the ocean setback rules in Rule .0309(a) of this Section shall
also be exempt from these inlet hazard area setback requirements.
History Note: Filed as an Temporary Amendment Eff. October 30, 1981, for a Period of 70 Days 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. 113A-107, 113A-113(b); 113A-124;
Eff. December 1, 1981,-
Amended E,(% December 1, 1992, December 1, 1991; March 1, 1988,• September 1, 1985.
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' 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.
History Note: Statutory Authority G.S. 113A-107(a), 113A-107(b); 113A-113(b)(3)a, 113A-124,
Eff. September 9, 1977.
0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A-11 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 Note: Statutory Authority G.S. 113A-107(a): 113A-107(b); 113A-113(b)(3)a; 113A-124,
Eff. September 9, 1977.
.0404 AECs WITHIN 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 Environment, Health, and Natural Resources, Division of
Environmental Health.
History Note: Statutory Authority G.S. 113A-107(a), 113A-107(b), 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977;
Amended Eff. May 1. 1990; November 1, 1984; January 24, 1978.
.0405 SMALL 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 maximum 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 Environment, Health, and Natural 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 -II
surface waters.
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(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (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:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment
area. The Department of Environment, Health, and Natural 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 National 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 feet and 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 Environment, Health, and Natural 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 -II 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;
Eff. September 9, 1977;
Amended Eff. May 1, 1990; September 1, 1988; November 1, 1984, February 18, 1980.
.0406 PUBLIC WATER SUPPLY WELL 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 sutficial well fields are
confined to a readily definable geographic area as identified by the North Carolina Department of
Environment, Health, and Natural 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:
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(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 development
of such lot;
(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 Environmental Health, Department of Environment, Health, and Natural
Resources, prior to the CAMA permit 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 first 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 first 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
Service 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 effect on people other than the local
residents of Hatteras Island. Water -borne disease organisms could be easily transported to other
areas of the state or the east coast by tourists who are attracted to the area daily.
(2) Elizabeth City Well Field. The Department of Environment, Health, and Natural Resources
proposed the well field at Elizabeth City in Pasquotank County as an area of environmental
concern. The City of Elizabeth City is supplied with raw water from a shallow well field in the
southeastern 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 Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a.; 113A-124,
Eff. September 9, 1977,,
Amended Eff. May 1, 1990, October 1, 1987,• November 1, 1984.
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' SECTION .0500 - NATURAL AND CULTURAL RESOURCE AREAS
1 .0501 GENERAL
The fourth and final group of AECs is gathered under the heading of fragile coastal natural and cultural
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 Note: Statutory Authority G.S. 113A-107(a), 113A-107(b); 113A-113(b)(4e) to (b)(4g);
113A-124;
Eff. September 9, 1977;
Amended Eff. 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 a second type of fragile coastal natural resource area. These areas
are essentially self-contained units or "closed systems" minimally dependent upon adjoining areas.
(c) Finally, fragile areas may be particularly important to a locale either in an aesthetic or cultural sense.
(d) Fragile coastal cultural resource areas 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 Note: 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 NOMINATION AND 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.
(b) Nomination. An area may be nominated by any person or group at any time for Coastal Resources
Commission (CRC) consideration. Nominations may, for example, be made by citizens, interest groups, local
' governments, or state and federal agencies. Nominations should be on a standard form and must be submitted
to the Division of coastal management (DCM). The nomination shall include relevant information relating to
the location, size, importance, ownership, and uniqueness of 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 nomination.
Representatives of these groups will meet to discuss the proposed nomination and will complete 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
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report shall be made at the first CRC meeting after the preliminary evaluation is completed. All parties
involved in the nomination and preliminary evaluation will be informed, in writing, of the Commission's
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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 strategies.
(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 specific
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 designation
,.
of the site as an AEC and adopt the particular management plan and/or use standards developed, 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. 15013-12. 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 designation decision.
(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.
History Note: Statutory Authority G. S. 113A-107(a), (b); 113A-113(b)(4)e f g, and h; 113A-124;
Eff. September 9, 197-
Amended Eff. May 1, 1988; May 1, 1985, February 1, 1982; June 1, 1979.
.0504 AECs WITHIN CATEGORY
The description, significance, and management objectives for each AEC (coastal complex natural areas,
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 Rules .0505, .0506, .0507, .0509, and .0510 of this Section.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4) e., f., g., and h.; 173A-124;
Eff. September 9, 1977,• ,
Amended Eff. December 1, 1991; June 1, 1979.
.0505 COASTAL AREAS THAT SUSTAIN REMNANT SPECIES
(a) Description. Coastal areas that sustain remnant species are those areas that support native plants or
animals determined to be rare or endangered (synonymous with threatened and endangered), within the coastal
area. Such places provide habitats necessary for the survival of existing populations or communities of raze
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 Commission or the federal government listing;
upon written reports or testimony of experts indicating that a species is tare or endangered within the coastal
area; and upon consideration of written testimony of local government 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 for the preservation 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
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these conditions.
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History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(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 human 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 consulting the Natural Heritage Priority
List maintained by the Natural Heritage Program within the Division 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
CRAC, and three or more members of the Natural Area Advisory Committee, to evaluate areas not included
in the Natural Heritage Priority List.
(c) Management Objectives. The management objectives of this Rule are to protect the 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 related to the
following policy statement either singly or in combination:
(1) To protect the natural conditions or the sites that function as key or unique components of 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 environments
are most fragile.
(2) To protect the identified scientific and educational values and to ensure that the site will be
accessible 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.
Eff. September 9, 1977;
Amended Eff. October 1,
113A-107(a),(b); 113A-113(b)(4)e; 113A-24;
1988; February 1, 1982.
.0507 UNIQUE COASTAL GEOLOGIC FORMATIONS
(a) Description. Unique coastal geologic formations are defined as sites that contain geologic formations
that are unique or otherwise significant components of coastal systems, or that are especially notable examples
of geologic formations or processes in 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 resources
that would be jeopardized by uncontrolled or incompatible development.
(c) Management Objectives. The CRC's 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. Specific 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 components
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
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and the accompanying biological component associated with the feature. Other interactions which
may be of equal concern are those relating the geologic feature to other physical 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.
(d) Designation. The Coastal Resources Commission hereby designates Jockey's Ridge as a unique coastal
geologic formation area of environmental concern. The boundaries of the area of environmental concern shall
be as depicted on a map approved by the Coastal Resources Commission on December 4, 1987, and on file
with the Division of Coastal Management. This area includes the entire 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
vegetation. Jockey's Ridge is the largest medano in North Carolina and has been designated a National
Natural Landmark by the U.S. Department 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 shall require 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;
(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, lawn/garden, or parking area.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)g.; 113A-124;
Eff. September 9, 1977,-
Amended Eff. March 1, 1988.
.0508 USE STANDARDS
Permits for development in designated fragile coastal natural or cultural resource areas will be approved
upon finding that:
(1) The proposed design and location will cause no major or irreversible 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,
associative, or educational resource.
(c) Development shall be consistent with the aesthetic values of a 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
of development (G.S. 113A-103(5)a.4).
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124;
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Eff. September 9, 1977,-
Amended Eff. February 1, 1982: June 1, 1979.
.0509 SIGNIFICANT COASTAL ARCHAEOLOGICAL RESOURCES
(a) Description. Significant coastal archaeological resources are defined as areas that contain archaeological
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 consultation 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 development. In
I 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:
(I) 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 resources, including their spatial and structural context and
characteristics through in -situ preservation and/or scientific study;
(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
purposes;
(4) to protect the values of the designated archaeological resource as expressed by the local government
and citizenry; these values should be related to the educational, associative, or aesthetic 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 construction
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 nature, extent,
conditions and relative significance of the cultural deposits. Three avoidance measures should be
1 considered, preferably in combination:
(A) incorporation of "no impact" spaces in construction 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 History. In this
way, potentially damaging or destructive activities (e.g., construction, roads, sewer lines,
land -soaping) 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
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investigation which represents a direct outgrowth of Phase I findings and through systematic data
recovery assesses the potential importance of identified concentrations of archaeological materials;
Phase III, mitigation of adverse effects to recognized areas of importance. Evaluations of research
potential will be made and prioritized in order of importance, based upon the status of previous
research in the area and the integrity of the remains;
(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 review
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 significant
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 postholes, 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;
Ejj: June 1, 1979,-
Amended Eff. October 1, 1988; January 1, 1985.
.0510 SIGNIFICANT COASTAL HISTORIC ARCHITECTURAL 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 as part of the
procedure set forth in Rule .0503 of this Section.
(b) Significance. Significant coastal historic architectural resources are important educational, scientific,
associative, or aesthetic resources. Such resources would be jeopardized by uncontrolled or incompatible
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 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.
(c) Management Objectives. The CRC's objective is to conserve coastal historic architectural resources 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 statements 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 orientation
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
government and citizenry; these values should be related to the educational, scientific, associative
or aesthetic qualities of the resource.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4h), 113A-124,
Eff. June 1, 1979.
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SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs
.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 development
takes place.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-124,
Eff. 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 presence 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;
Eff. September 9, 1977;
Amended Eff. July 1, 1987.
.0603 MINIM M ALTITUDES
No development involving airspace activity shall be allowed in any AEC which would result in violation of
minimum altitude standards adopted by the Federal Aviation Administration and codified at 14 CFR Part
91.79. Future amendments by the Federal Aviation Administration shall be deemed to be incorporated into
this Rule pursuant to G.S. 15013-14(c) unless the Commission objects within 90 days of publication of the
action in the Federal Register. Upon objection by the Commission to a change, the Commission shall initiate
rule -making proceedings on incorporation of the amendment into this Rule. The amendment will not be
incorporated into this Rule pending a rule -making hearing and final action by the Commission on the proposed
amendment.
History Note: Statutory Authority G.S. 113A-107(a),(b);
Eff. March 1, 1990.
.0604 NOISE POLLUTION
Except as required for safe aircraft takeoff and landing operations, airspace activity associated with coastal
development shall not impose an increase in average noise exceeding 10 dBA above background levels. Noise
measurements shall be normalized Ldn as set forth by the Environmental Protection Agency in its report
550/9-74-004 entitled Information on Levels of Environmental Noise Requisite to Protect the Public Health
and Welfare with an Adequate Margin of Safety. The maximum noise level associated with any single event
shall not exceed 85 dBA. These limits shall not apply where noise impacts are confined to surface areas
owned or controlled by the project's proponent. Any noise monitoring required to ensure compliance with
this Rule shall be the responsibility of the proponent.
History Note: Statutory Authority G.S. 113A-107(a),(b);
Eff. March 1, 1990.
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SECTION .0700 - TECHNICAL APPENDIX 1: DEFINITIONS FOR PUBLIC TRUST AREAS
.0701 MEAN HIGH WATER
.0702 MEAN WATER LEVEL
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(5),
Eff. September 9, 1977;
Repealed Eff. November 1, 1984.
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SECTION .0800 - TECHNICAL APPENDIX 2: OCEAN HAZARD AREAS
.0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS
.0802 DYNAMIC EQUILIBRIUM
.0803 BEACHES
.0804 SAND DUNES
.0805 SEDIMENT TRANSPORT
.0806 INLETS
.0807 WASHOVER AREAS
History Note: Statutory Authority G.S. 113A-107(a),(b); ll3A-ll3(b)(6)a,(b)(6)b, (b)(6)d;
Eff. September 9, 1977;
Repealed Eff. November 1, 1984.
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SECTION AM - TECHNICAL APPENDIX 3: INLET LANDS
.0901 IDENTIFICATION PROCEDURE FOR INLET 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.
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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); ll3A-ll3(a), (b)(3)a;
Eff. September 9, 1977;
Amended Eff. February 18, 1980;
Repealed Eff. November 1, 1984.
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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 protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter W . 1100 and
according to the following guidelines. This permit will not apply to shoreline protection within 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.
.1102 APPROVAL PROCEDURES
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(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.
' History Note: Statutory Authority G.S. 113A-107(a); I MA-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1. 1984;
Amended Eff. January 1, 1990; December 1, 1987.
' .1103 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a): 113A-107(b); 113A-113(b), 113A-118.1; 113A-119,-
113A-124,
Eff. March 1, 1984;
Amended Eff. March 1, 1991.
' 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 Environment, Health, and
Natural Resources 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
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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 Department
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 environment, or unnecessarily endanger
adjoining properties.
(e) This general permit will not be applicable to proposed construction when the Department determines
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 applicable
to a specific construction proposal. In those cases, individual permit applications and review of the proposed
project will be required according to 15A NCAC 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal
authorization.
(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;
Eff. March 1, 1984; ,
Amended Eff. May 1, 1990; December 1, 1987.
.1105 SPECIFIC CONDITIONS
(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
waterward 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 within 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 Rules, the Atlantic Intracoastal Waterway (AIW W) is considered
a natural shoreline and development must occur as described in 7H .l 105(b).
,
(d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500
feet.
(e) All backfill 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 backfill 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) Riprap 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.
0) 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
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' 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.
' 0) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation
control plan must be filed 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.
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History Note: 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, 1991; January 1, 1989; December 1, 1987.
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' EHNR - COASTAL MANAGEMENT TISA: 07H .1200
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND
BOAT HOUSES IN ESTUARINE AND 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 according to the authority
provided in Subchapter 7J A 100 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 APPROVAL PROCEDURES
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
' (c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
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;
Amended Eff. January 1, 1990.
' 1203 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
' History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119,-
113A-124,
' Eff. March 1, 1984,
Amended Eff. March 1, 1991.
.1204 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial structures conforming to the standards
herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources 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
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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 Department 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 determines,
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 applicable
to a specific construction proposal. In those cases, individual permit applications and review of the proposed
project will be required according to 15A NCAC W.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal ,
authorization.
(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;
Eff. March 1, 1984;
Amended Eff. May 1, 1990.
.11205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the mean
,
high water contour line, or the normal water level, whichever is applicable.
(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 extended into the
water at the points that they intersect the shoreline. The minimum setbacks 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
Division 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 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 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.
,
0) This general permit is not applicable on ocean beaches.
(k) Piers, and mooring facilities shall be designed to provide docking space for no more than 4 boats.
History Note: Statutory Authority C.S. 113A-107(a); IMA-107(b); 113A-113(b), 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990.
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EHNR - COASTAL MANAGEMENT TI SA: 07H .1300
SECTION .1300 GENERAL PERMIT TO MAINTAIN: REPAIR AND CONSTRUCT BOAT
RAMPS ALONG ESTUARINE SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST
WATERS
1301 PURPOSE
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 W A 100 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 PROCEDURES
(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
1 of the project area, and his name and address.
(b) The applicant must provide:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
' (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 boat ramp alignment can be appropriately marked.
Written authorization to proceed with the proposed development will be issued during this visit. Construction
of the boat ramp structure must begin within 90 days of this visit or the general authorization expires.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(h);113A-113(b); 113A-118.1;113A-124;
Eff. March 1, 1984,-
Amended Eff. January 1, 1990.
.1303 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b), 113A-118.1; 113A-119,-
113A-114;
E . March 1, 1984;
Amended Eff. March 1, 1991.
.1304 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial boat ramps constructed of acceptable
material and conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources 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
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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 Department 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 determines,
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 applicable
to a specific construction proposal. In those cases, individual permit applications and review of the proposed
project will be required according to 15A NCAC W.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal
authorization.
(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;
Eff. March 1, 1984;
Amended Eff. May 1, 1990.
.1305 SPECIFIC CONDITIONS
(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 size 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 construction and subsequent use of the proposed ramp.
History Note: Statutory Authority G.S. 113A-107(a), 113A-107(b), 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
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SECTION .1400 - GENERAL PERMIT FOR CONSTRUCTION OF WOODEN GROINS IN
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 A 100 and according to the following guidelines. This
general permit shall 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.
.1402 APPROVAL PROCEDURES
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
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;
Amended Eff. May 1, 19K January 1, 1990.
.1403 PERMIT FEE
' The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
' History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b), 113A-118.1; 113A-119,-
113A-124;
Eff. March 1, 1984;
' Amended Eff. March 1, 1991.
.1404 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be simple, wooden groins conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources 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 wooden groins authorized herein.
(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 Department believes
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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 determines,
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 applicable
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
authorization.
(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;
Eff. March 1. 1984; ,
Amended Eff. May 1, 1990.
.1405 SPECIFIC CONDITIONS '
(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 15 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 construction of the groin 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 groin.
(c) The height of groins shall not exceed I 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 Note: Statutory Authority G.S. 113A-107(a); 113A-107(h); 113A-113(b); 113A-118.1; 113A-124.
Eff. March 1, 1984.
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' EHNR - COASTAL MANAGEMENT TISA: 07H .IS00
SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO
EXISTING CANALS: CHANNELS: BASINS: OR DITCHES IN ESTUARINE WATERS:
PUBLIC TRUST WATERS: AND ESTUARINE 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 W A 100, and will apply to the estuarine waters
and public trust waters areas of environmental concern.
HistoryNote: 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, 198Z
1502 APPROVAL PROCEDURES
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
' relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(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 proposed area of excavation and spoil disposal. 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 authorization expires.
' History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b), 113A-118.1; 113-219(cl);
Eff. July 1, 1984,-
Amended Eff. January 1, 1990,• December I, 1987
.1503 APPLICATION FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 713A-119,• 113A-124,-
Eff. July I, 1984;
Amended Eff. March 1, 1991.
.1504 GENERAL CONDITIONS
(a) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources to 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 terms and conditions prescribed
herein.
(b) This general permit may either be modified, suspended, or revoked in whole or in part according to the
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EHNR - COASTAL MANAGEMENT T15A: 07H .1500
,
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 Department 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 determines 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 Department
,
determines that the proposed activity will adversely affect adjacent property.
(e) The Department may determine in some cases that this general permit is not applicable to a specific
excavation 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 15A NCAC W.
,
(f) This general permit authorizes maintenance excavation in canals, channels, basins and ditches within
primary nursery areas 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 Environmental Health.
(i) This permit does not eliminate the need to obtain any other required state, local, or federal authorization,
nor, to abide by regulations adopted by any federal or other state agency.
G) 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),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. May 1, 1990; 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) All excavated material must be placed entirely on high ground above the mean high tide or
ordinary 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-entering the surrounding waters, marsh or other wetlands.
(7) The proposed project must not involve the excavation of any marsh, submerged aquatic vegetation,
or other wetlands.
(8) 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.
(12) New basins and canals must maintain required setbacks between septic tank systems and surface
t
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waters.
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. September 1, 1988; December 1, 1987.
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11
EHNR - COASTAL MANAGEMENT TISA: 07H .1600
1
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[1
SECTION .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND
SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS:
ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES
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 authority provided
in Subchapter 71 A 100 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(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
1602 APPROVAL
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(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 authorization expires.
History Note: Statutory Authority G.S. 113A-107(a)(b); 113A-113(b); 113A-118.1;113A-229(cl),
Eff. March 1, 1985;
Amended Eff. January 1, 1990.
.1603 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b), 113A-113(b); 113A-118.1; 113A-119;
Eff. March 1, 1985,
Amended Eff. March 1, 1991.
.1604 GENERAL CONDITIONS
(a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation of
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 only
that necessary to backfill or bed the utility line. Any excess material must be removed to an upland disposal
area.
(c) The utility line crossing will not adversely affect a public water supply intake.
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EHNR - COASTAL MANAGEMENT TISA: 07H .1600
(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 Environment, Health, and
Natural Resources to 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 terms and conditions prescribed
herein.
(f) This general permit may either be amended or repealed in whole or in part according to the provisions
of G.S. I BA-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 determines that
the proposed activity may significantly affect the quality of the environment or unnecessarily endanger
adjoining properties.
(h) This general permit will not be applicable to proposed excavation when the Department determines 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 15A NCAC 7J.
6) This permit does not eliminate the need to obtain any other required state, local, or federal authorization,
nor, to abide by regulations adopted by any federal or other state agency.
(k) 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. 113-229(cl); 113A-107(a)(b), 113A-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended Eff. May 1, 1990.
.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.
(8) 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
established 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 Note: Statutory Authority G.S. 113-229(cl), 113A-107(a)(b), 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
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' EHNR - COASTAL MANAGEMENT TISA: 07H .1700
SECTION .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA
AND/OR A DREDGE AND FELL PERMIT
' .1701 PURPOSE
Ibis 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(el), 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. 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 proposed
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 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;
(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 Environment, Health, and Natural Resources;
(3) that, as to adjacent riparian landowners not contacted, the applicant has made a reasonable attempt
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 Note: Statutory Authority G.S. 113-229(cl). 113A-107(a),(b); 113A-113(b); 113A-118.1;
' Eff. November 1, 1985,
Amended Eff. May 1, 1990.
' .1703 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
' HistoryNote: Statutory Authority G.S. 113-229(e)(1); 113A-107(a), (b); 113A-113(b), 113A-178.1;
113A-119,-
Eff. November 1, 1985,
Amended Eff. March 1, 1991.
.1704 GENERAL CONDMONS
t (a) Work permitted by means of an emergency permit shall be subject to the following limitations:
(1) No work shall begin until an onsite meeting is held with the applicant and appropriate Division of
Coastal Management representative so that the proposed emergency work can be appropriately
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EHNR - COASTAL MANAGEMENT TISA: 07H .1700
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 imminent 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.
(3) Any permitted erosion control projects shall be located no more than 20 feet waterward 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 structure on the property or the date of construction.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources 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 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 Department 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 determines,
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, in a case -by -case basis, determine that the general permit shall not be applicable
to a specific construction proposal. In those cases, individual permit applications and review of the proposed
project will be required according to 15A NCAC 7J.
(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, CAMA rules,
and local land use plans, storm hazard mitigation, and post -disaster recovery plans current at the time of
authorization.
HistoryNote: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985;
Amended Eff. December 1, 1991; May 1, 1990.
.1705 SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in the Ocean Hazard AEC.
(1) Permittable 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 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.
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' EHNR - COASTAL MANAGEMENT TISA: 07H .1700
' (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 permittee 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 alternate
' erosion control method, any remnants or the temporary erosion control structure exposed 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
' structure extend below the mean high water line.
(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 Estuarine
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 highways
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 Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
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EHNR - COASTAL MANAGEMENT TISA: 07H .1800
1
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1
SECTION .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING LANDWARD OF
THE MEAN HIGH WATER MARK IN THE OCEAN HAZARD AEC
.1801 PURPOSE
This 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.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987
.1802 APPROVAL
(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:
(1) 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; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(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 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 Note: Statutory Authority G. S. 113-219(cl); 113A-107(a)(b); 113A-113(b), 113A-118.1;
Eff. December 1, 1987;
Amended Eff. January 1, 1990.
.1803 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory AuthoriryG.S.
113A-119,-
Eff. December 1, 1987;
I13-229(c)(1); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Amended Eff. March 1, 1991.
.1904 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 Environment, Health, and
Natural Resources to make periodic inspections at any time deemed necessary to ensure that the activity being
E
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ERNR - COASTAL MANAGEMENT TISA: 07H .1800
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(c) This general permit may be either modified, suspended, or revoked in whole or in part 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 Department 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.
(d) This general permit will not be applicable to proposed construction when the Department determines
after any necessary investigation that the proposed activity would adversely affect areas 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 contacted immediately.
(e) The Department may on a case by case basis determine that the general permit shall not be applicable
to a specific construction proposal. In those cases, individual permit application and review of the proposed
project will be required according to 15A NCAC 7H.
(f) This general permit does not convey any rights, either in real estate or material and does not authorize
any injury to property or invasion of rights of others.
(g) This permit does not eliminate the need to obtain any other required state, local or federal authorization.
(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. 113-229(el); 113A-107(a)(b), 113A-113(b); 113A-118.1'
Eff. December 1, 1987;
Amended Eff. May 1, 1990.
.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, scraper 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 lateral bounds of the applicant's property unless he has the written
permission of the adjoining Iandowner(s).
(c) Movement 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 filed 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 Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
NORTH CAROLINA ADMINISTRATIVE CODE 12111191 Page 2

' EHNR - COASTAL MANAGEMENT TISA: 07H .1900
SECTION .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES
WITHIN ESTUARINE AND 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 7J .1100 and according to the guidelines in this
Subchapter.
History Note: Statutory Authority G.S. 113-229(el); 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:
(1) 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; or
' (2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
' of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
' by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must submit an application for a major development permit.
(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 visit. All
work must be completed and the structure removed within 180 days following the day written authorization
is issued.
' History Note: Statutory Authority G.S. 173-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1. 1989,-
Amended Eff. January 1, 1990.
.1903 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
' History Note: StatutoryAuthorityG.S.113-229(e)(1),113A-107(a)(b);113A-113(b),113A-118.1;113A-119,-
Eff. March 1. 1989;
Amended Eff. March 1, 1991.
' 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, tip -rap, groin, etc.).
(b) There shall be no encroachment oceanward of the first line of stable vegetation within the ocean hazard
AEC except for the placement of auxiliary structures such as signs, fences, posts, pilings, etc.
(c) There shall be no fill activity below the plane of mean high water associated with the structure.
(d) The structure shall not be located in such a manner that will directly or indirectly adversely impact
coastal wetlands.
NORTH CAROLINA ADMINISTRATIVE CODE 12111191 Page I

EHNR - COASTAL MANAGEMENT TISA: 07H .1900
,
(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 Environment, Health, and Natural
Resources to 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 terms and conditions prescribed herein.
'
(g) This general permit may either be amended or repealed in whole or in part according to the provisions
of G.S. 113A-107 if the Commission determines that such action would be in the best public interest.
(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 endanger
'
adjoining properties.
(i) This general permit will not be applicable to proposed structures when the Department determines that
the proposed activity would adversely affect areas which possess historic, cultural, scenic, conversation or
'
recreational values.
0) 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 15A NCAC 7J.
(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. //3-229(c/), 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1989;
Amended Eff. May 1. 1990; March 1. 1990.
'
.1905 SPECIFIC CONDITIONS
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 vegetation,
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 15A
'
NCAC 2H .1002(1) and 15A NCAC 2H .1003(a)(1).
(8) No sewage disposal system will be allowed without a permit authorized by either the Division of
Environmental Health or the Division of Environmental Management.
'
HistoryNote: Statutory Authority G.S. 113-229(el), 113A-107(a)(b), 113A-113(b); 113A-118.1;
Eff. March 1, 1989;
'
Amended Eff. May 1, 1990,
t
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NORTH CAROLINA ADMINISTRATIVE CODE 12111191 Page 2 ,

' APPENDIX III
' TOWN OF ATLANTIC BEACH
POLICY STATEMENTS CONSIDERED, BUT NOT ADOPTED
' B. RESOURCE PROTECTION POLICY STATEMENTS
Physical Limitations
Soils:
' -- The Town of Atlantic Beach does not support the issuance of permits for additional
' septic tank installation within Atlantic Beach. The town understands that this policy
is not enforceable at the local level.
' -- Coordinate all development activity with appropriate county and state regulatory
personnel in order to avoid further damage to the Atlantic Beach soil conditions.
-- Atlantic Beach will encourage the U. S. Army Corps of Engineers to provide stringent
regulation/enforcement of the 404 wetlands permit process in Atlantic Beach, and will
cooperate with them in the regulation/enforcement process.
' Flood Hazard Areas:
' -- Atlantic Beach will coordinate any development within the special flood hazard area
with the North Carolina Division of Coastal Management, FEMA, and the U.S. Corps
of Engineers.
Stormwater Runoff:
-- Atlantic Beach does not object to the discharge of stormwater runoff into estuarine
waters, public trust waters, or estuarine shorelines.
-- Uncontrolled development adjacent to coastal waters can pose a serious threat to the
estuarine system through the rapid discharge of pollutants washed off of impervious
surfaces via stormwater. Impervious surfaces include streets, parking lots, and rooftops.
' Cultural/Historical Resources:
' -- Coordinate all housing code enforcement/redevelopment projects with the N. C.
Division of Archives and History, to ensure that any significant architectural details or
buildings are identified and preserved.
-- Coordinate all town public works projects with the N. C. Division of Archives and
History, to ensure the identification and preservation of significant archaeological sites.
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C. MISCELLANEOUS RESOURCE PROTECTION
Package Treatment Plant Use: 1
-- Atlantic Beach will support the construction of package treatment plants which do not '
discharge waste in any areas classified as coastal wetlands or freshwater wetlands (404)
and are approved and permitted by the State Division of Environmental Management
and by the Carteret County Health Department/Division of Health Services. If any '
package plants are approved, Atlantic Beach supports requirement of a specific
contingency plan specifying how ongoing private operation and maintenance of the
plant will be provided, and detailing provisions for assumption of the plant into a public '
system should the private operation fail
-- It is the policy of Atlantic Beach that package treatment plants not be utilized for '
wastewater treatment within its jurisdiction and that existing plants meet requirements
of the town's public works manual. Additionally, it is the town's policy that existing '
package treatment plants continue to operate but must be tied into the municipal sewage
treatment system upon its completion.
Marina and Floating Home Development: '
-- Atlantic Beach opposes the location of floating structures within its jurisdiction. ,
Floating structures are defined as any structure or vessel used, designed, and occupied
as a permanent dwelling unit, business, office, or source of any occupation or any
private or social club, which floating structure or vessel is primarily immobile and out '
of navigation or which functions substantially as a land structure while moored or
docked on waters within county jurisdiction. Floating structures shall not be used
commercially or inhabited in one place for more than 15 days. This policy shall be '
enforced through the adoption of a local ordinance.
-- The Town of Atlantic Beach does not support floating home development of any type. '
This policy will be implemented through revisions to the zoning ordinance or adoption
of a separate ordinance to regulate floating homes.
-- Any marina -associated dredging will not be allowed through subaquatic vegetation. '
When dredging through coastal wetlands is required for access to upland marinas, as
provided in 15A NCAC 7H.0208(8)—, the town will require mitigative action to replace '
any lost wetland areas with like or comparable wetland areas.
-- The Town of Atlantic Beach will not allow the construction of additional dry stack '
storage facilities.
-- All marinas which are reconstructed, new, or expanded following certification of this '
plan shall provide permanent pumpout facilities.
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IDevelonment of Sound and Estuarine Islands:
' -- Atlantic Beach will not object to the development of sound and estuarine islands when
the development complies fully with the 15A NCAC minimum use standards and all
local codes/ordinances.
-- Atlantic Beach opposes all development of sound and estuarine islands and will revise
' its zoning ordinance to prohibit all such development.
Ocean Hazard Areas:
' -- The town objects to the construction of permanent shoreline stabilization structures in
ocean hazard areas and any changes in state standards which would allow such
' structures.
Bulkhead Construction:
'
-- Atlantic Beach will support the construction of bulkheads in estuarine shorelines which
satisfy the following specific use standards as specified in 15A NCAC 7H.0206(b)(7)
'
and 7H.1100, Bulkheads and Shoreline Stabilization Measures:
(1) Bulkhead alignment, for the purpose of shoreline stabilization, must approximate
'
mean high water or normal water level.
(2) Bulkheads shall be constructed landward of significant marshland or marshgrass
fringes.
(3) Bulkhead fill material shall be obtained from an approved upland source, or if
'
the bulkhead is part of a permitted project involving excavation from a non -
upland source, the material so obtained may be contained behind the bulkhead.
(4) Bulkheads or other structures employed for shoreline stabilization shall be
permitted below approximate mean high water or normal water level only when
the following standards are met:
' — 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 provisions
' of this regulation;
-- 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 resulting from the
' unusual geographic or geologic features;
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-- the bulkhead alignment will not result in significant adverse impacts to
public trust rights or to the property of adjacent riparian owners;
-- the need for a bulkhead below approximate mean high water or normal
water level is documented in the field investigation report, or other
reports prepared by the Division of Coastal Management; and '
-- the property to be bulkheaded is in a non -oceanfront area.
(5) Where possible, sloping rip -rap, gabions, or vegetation may be used rather than ,
vertical seawall.
Sea Level Rise: ,
-- Atlantic Beach will encourage migrating shorelines in coastal wetland areas in order to '
preserve coastal wetlands. The town supports establishment of a state policy which will
protect the natural migration of coastal wetlands. Any state policy addressing migrating ,
shorelines should provide for the protection of developed areas. (Note: This policy
would have to be closely coordinated with the bulkhead policies.)
Maritime Forests: '
- Maritime forest areas are not classified as conservation areas on the Land Classification '
Map. However, the town will regulate the development of maritime forest areas
through enforcement of its Maritime Forest Areas Ordinance, Article VIII of the Town
of Atlantic Beach Zoning Ordinance. t
-- Maritime forest areas are described as conservation areas on the Land Classification
Map. The town will support regulation of development of maritime forest areas '
through enforcement of its Maritime Forest Areas Ordinance, Article VIII of the Town
of Atlantic Beach Zoning Ordinance, and solicit assistance through the CAMA
permitting process to protect these areas. '
D. RESOURCE PRODUCTION AND MANAGEMENT POLICIES '
Recreation Resources:
-- The town will rely on its redevelopment plan to provide significant beach access in '
several areas of the town. The town has also developed a beach access plan with the '
assistance of the state and will implement this plan.
Productive Agricultural Lands: Agricultural uses are not now, nor are they anticipated to be '
in the future, an important use within the town. No prime agricultural lands are known to exist
within the town's current limits or its planning jurisdiction. Therefore, a policy statement is
not necessary.
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' Productive Forest Lands: Commercial forestry is not currently a significant use within the
town. A modest amount of land in and near the town is wooded, most of this in maritime
forest or shrub thicket. The commercial harvesting of these areas is unrealistic. The town
views its forested areas as a resource that needs protection and not a resource that should be
subject to harvest.
' Aquaculture Activities:
-- Atlantic Beach opposes any aquaculture activities within its planning jurisdiction.
' Residential. Commercial. and Industrial Development Impacts on Resources:
-- The Town of Atlantic Beach will utilize local codes and ordinances to ensure that all
' mobile home parks are in safe and standard condition.
Marine Resource Areas:
' -- The town will not place additional limitations or restrictions upon commercial or
recreational fishing beyond that which is currently in effect.
Mineral Production Areas:
-- There are no peat or phosphate deposits located in Atlantic Beach's planning
jurisdiction.
Off -Road Vehicles:
t-- The beach is closed to vehicular traffic from May 31 to Labor Day each year. From
Labor Day to May 31, the beach is open only to vehicles used for fishing purposes.
The town supports county enforcement of the ORV ordinance and favors additional
access and ORV ramps. It has no intention of enacting additional regulations.
' E. ECONOMIC AND COMMUNITY DEVELOPMENT POLICY STATEMENTS
Energy Facility Siting and Development:
' -- The Town of Atlantic Beach will support the location of permanent energy generating
facilities within its planning jurisdiction.
' -- The town does not consider onshore facilities for energy siting an appropriate use in
Atlantic Beach inasmuch as there has been no onshore development of facilities in the
region.
' -- Atlantic Beach does not oppose offshore exploratory drilling for oil or gas. In the event
that oil or gas is discovered, Atlantic Beach 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. The town
1
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supports and requests full disclosure of development plans, with mitigative measures 1
that will be undertaken to prevent adverse impacts on the environment, the
infrastructure, and the social systems of the town and county. Atlantic Beach also '
requests full disclosure of any adopted plans. Offshore drilling and the development
of onshore support facilities may have severe costs for the county as well as advantages.
The costs should be borne by the company(ies) which profits from offshore drilling and '
onshore support facilities.
-- The town considers offshore energy development inappropriate in light of the nature of ,
the community. However, it might be receptive to allowing the use under certain
conditions where it was an integral part of an approved redevelopment plan. '
Redevelopment of Developed Areas:
-- The town specifically desires redevelopment of the following areas: (1) the mobile '
home park at the west end of Old Causeway Road, currently known as Pelican Park;
(2) the mobile home development, consisting of several blocks, between Fort Macon ,
Road and W. Davis Street; (3) the mobile home park adjacent to the Oceanna Motel;
(4) residential areas bordering on subdivisions which do not complement each other,
i.e., street systems which do not adequately connect; (5) residential and commercial area '
on the "Circle'; and (6) commercial and residential area on Henderson Boulevard.
Preferred redevelopment uses include townhouses, apartment buildings and commercial
housing (motels), with appropriate beach access as part of redevelopment plans. '
Planned unit development is the preferred method of redevelopment.
-- Many areas not identified above for redevelopment are in poor condition with poor road ,
design, lack of vegetation, dilapidated housing, mixed uses, etc. The town will continue
a program of strict enforcement of the minimum code as a means to improve the quality
of existing development. '
-- The town's Planning Board will implement and coordinate redevelopment activities.
These activities will include supervising redevelopment of the "Circle" and other '
designated redevelopment areas. The Planning Board shall be charged with receiving
technical reports and recommending a course of action concerning redevelopment of the
"Circle," including recommending policies, searching for grants, and identifying future '
development alternatives and interested future developers. The town will budget
monies necessary to implement this program.
-- The town will not spend any local funds in order to acquire unbuildable lots but will '
accept donations of such unbuildable lots. Atlantic Beach will work with any others '
who may have to move any threatened structures to safer locations. The town will
support reconstruction only at densities specified by current zoning regulations. (LP)
Estuarine Access: I '
-- Atlantic Beach will apply for CAMA funding to assist in financing the funding of a '
shoreline access plan.
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U
1 Types and Locations of Desired Industry: Atlantic Beach opposes industrial development of
any type. This policy is supported by the town's zoning ordinance.
Assistance in Channel Maintenance:
1 -- Atlantic Beach will support efforts of the U.S. Army Corps of Engineers and state
officials to provide proper channel maintenance. Usable spoil material for beach
nourishment will be accepted from any dredging operation for spoil taken outside of
' Atlantic Beach regardless of location. The town will work to provide/locate spoil sites
for dredge spoil taken from within Atlantic Beach's jurisdiction.
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