Land Use Plan 1991-1991

DCM COPY
Please do not remove.
Division of Coastal Management Copy
HISTORIC BATH
Land Use Plan
1991

HISTORIC BATH
Land Use Plan
1991
The preparation of this report and all accompanying maps were 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.
October, 1991

Coastal Resources Collaborative, Ltd.
612 Shady Lawn Road
Chapel Hill, North Carolina. 27514
David J. Brower, President
Anna K. Schwab, Chief Planner and Legal Counsel
Carolyn R. Jones, Word Processing .
Philip Culpepper, Cartography
Stacy Guess, Artist

Approved by the Town of Historic Bath Board of Commissioners after a
properly advertised meeting on November 11, 1991.
Certified by the North Carolina Coastal Resources Commission on
December 12, 1991.

Table of Contents
Land Use Plan
1991
Section I.
Introduction . . . . . . . . . . . . . . . . . . . .
. . . . 1
A.
The Purpose of a Land Use Plan: Why Plan for
Bath's Future? . . . . . . . . . . . . . . . . . .
. 1
B.
Basic Elements of the Land Use Plan . . . . . .
. . 2
C.
How the Land Use Plan is Utilized . . . . . . .
. . . . 4
1. Local Government Uses . . . . . . . . . . . . .
. . . . 4
2. Regional Uses . . . . . . . . . . . . . . . . . .
. . . . 5
3. State and Federal Government Uses. . . . . . . .
. . . 5
Section II.
Data Collection and Analysis. . . . . . . . .
. . 6
A.
Establishing an Information Base: Overview . . . .
. . . . 6
B.
Present Conditions . . . ._ . . . . . . . . . . . .
. . . . 7
1. Population, Economy, and Housing . . . . . . .
. 7
a. Population. . . . . . . . . . . . . . . .
. . . 7
b. Economy ... . . . . . . . .. . . .
. . . 11
c . ,Housing . . . . . . . . . . . . . . . . .
. 13
2. Existing Land Use Analysis . . . . . . . . .
. . . . 13
a. Agricultural and Forestland . . . . . . .
. . 14
b. Residential . . . . . . . . .
. . . . 14
c. Commercial . . . . . . . . . . . . . . . .
. . . . 16
d. Cultural and Institutional . ... . . . . . . .
. . . . 17
e. Areas of Environmental Concern. . . . . . . .
. . . 18
f. Conclusions of Existing Land Use Analysis . .
. . . . 19
3. Current Plans, Policies and Regulations . .
. . . 20
C.
Constraints: Land Suitability. . . . . . . . . .
. . . . 21
1. Physical Limitations for Development . . . . . .
. . . . 21
a. Hazard Areas . . . . . . . . . ... . . . . . .
. . . . 21
b. Areas with Soil Limitations . . . . . .
. . . 21
c. Water Supply Areas . . . . . . . . . . . . .
. . . 23
d. Steep Slopes . . . . . . . . . . . . .
. . 24
2. Fragile Areas . . . . . . . . . . . . . . . .
. . . . 24
3. Areas with Resource Potential. . . . . . .. .
. . . . 25
r
D.
Constraints: Carrying Capacity Analysis . . . . .
. . ... 26
1. Water Service. . . . . . . . . . . . . . .
. . . . 26
2. Wastewater System. . . . . . . . . . . . . . .
. . . 27
3. School System. . . . . . . . . . . . . . . . .
. . . . 29
4. Roads . . . . . . . . . . . . . . . .
. . 29
5. Other Municipal Services . . . . . . . . . . .
. 30

Section III.
Policy Discussion. . . . . . . . . . . . . . . . .
32
A. Resource
Protection . . . . . . . . . . . . . . . . . . .
33
1.
Areas of Environmental Concern . . . . . . . . . .
34
2.
Areas with Cultural, Historic and Scenic Value . . . .
35
3.
Areas with Physical Constraints to Development . . . . .
36
4.
Man-made Hazards and Other Hazard Areas . . .
37
5.
Policy Statements and Discussion of Resource
Protection Issues. . . . . . . . . . . . . . .
38
a. Constraints to Development . . . . . . . . . . . . . .
38
1. Soil Suitability. . . . . . . . . . . .
38
2. Septic Tank Use . . . . . . . . . . . . . .
39
b. Areas of Environmental Concern . ... . . . . . . . . .
41
1. Coastal Wetlands. . . . . . . . . . . . .
41
2. Public Trust Waters . . . . . . . . . . . . . .
46
c. Other Hazardous and Fragile Land Areas. . . . . . . .
50
1. 404 Wetlands . . . . 11. . . . . . . . . .
50
2. Water Supply Areas. . . . . . . . .
52
3. Cultural, Historic and Scenic Resources..
54
4. Man-made Hazards... .
56
d. Hurricane and Flood Evacuation Needs and Plans. . . .
57
e. Protection of, Potable Water Supply. . . , . . .
58
f. Package Treatment Plants . . . . . . . . . . .
59
g. Stormwater Runoff Impact.on Coastal Wetlands,
Surface Waters, and Other Fragile Areas . . . . . .
59
h. Marina and Floating Home Development and Dry
Stack Storage . . . . . . . . . . . . .
60
i. Industrial Impact on Fragile Areas. . . . . . . . .
63
j. Restriction of Development Within Areas up to
Five Feet Above MHW Susceptible to Sea Level
Rise and Wetland Loss . . . . ... . . . . . . . .
63
k. Upland Excavation for Marina Basins . . . . . . .
63
.
1. Damage to Existing Marshes by Bulkheads . . .
63
B. Resource Production and Management. . . . .
64
1.
Importance of Resources to the Community
64
2.
Policy Statements and Discussion of Resource Production
and Management Issues. . . . . . . . . . . . . .
65
a. Productive Agricultural•Lands . . . . . . . . . . . .
65
b. Commercial Forest Lands ,.
67
c. Existing and Potential Mineral Production Areas . . .
68
d. Commercial and Recreational Fisheries . . .
68
e. Development Impacts on Resources. . . . . . . . . .
71
f. Phosphate Mining Impacts on Resources . . . .'. . .
71

C.
Economic and Community Development. . . . . . ... . .
72
1. Basic Statement on Community's Attitude Toward Growth.
72
2. Community's Attitude Towards Types of Development.
74
a. Residential Development . . . . . . . . . . . . . . .
74
b. Commercial Development. . . . . . . . . . . . . .
74
c. Industrial Development. . . . . . . . . . . . . .
75
d. Institutional Development . . . . . . . . . . . . .
76
3. Redevelopmentof Older Areas and Creation of
New Subdivisions . . . . . . . . . . .
76
4. Capacity of Existing Facilities to Service New
Development and Potential to Develop New Public
Support Facilities . . . . . . . . . . . . . . . . .
77
5. Policy_Statement and Discussion of Economic and
Community Development. . . . . . . . . . . . . .
77
a. Types and Locations of Industries Desired. . . . .
77
b. Residential Development . . . . . . . . . . . . . .
79
c. Commercial Development . . . . . . . . . . . . . . . .
80
d. Local Commitment to Providing Services
to Development. . . . . . . . . . . . .
81
e. Types of Urban Growth Patterns Desired. . . .
83
f. Redevelopment of Developed Areas. . . . . . ... . . .
84
g. Commitment to County, State and Federal Programs. . .
84
h. Energy Siting and Development , . . . . . . . . . . .
85
i. Tourism . . . . . . . . . . . . . . . . .
86
j . Public Access . . . . . . . . . . . . . . .
87
k. Anticipated Residential Development and
Necessary Services. . . . . . . . . . . .
90
D.
Continuing Public Participation . . . . . . . . . . . . .
90
E.
Storm Mitigation Policies . . . . . . . . . . . . . . . .
90
F.
Water Quality Impacts and Long -Term Accumulative
Impacts of Development. . . . . . . . .
90
Section IV."
Storm Hazard Mitigation, Post Disaster Recovery, -and
Evacuation Plans . . . . . . . . . . . . . . . . .
92
A.
The Effects of Coastal Storms . . . . . . . . . . . .
92
B.
Description of Types and Severity of Risk in Hazard Areas .
93-
C.
Evacuation. . . . . . . . . . . . . . . . .
94
D.
Policy Statements and Discussion of Storm Hazard
Mitigation Issues . . . . . . . . ... . . . . .
95
1. Mitigating the Effects of Storms . . . . . . . . . . . 95
2. Discouraging Development in High Hazard Areas.. . . . . 96
3. Public Acquisition of Hazardous Areas. . . . . 97
4. Evacuation . . . . . . . . . . . . 99
5. Public Education. . . . . . . . . 99
6. Post Disaster Reconstruction . . . . . . . 100
a. County Disaster Relief and Assistance Plan. . . . . 101
b. Directing Long -Term Reconstruction. . . . . . . . 102

c. Recovery Task Force . . . . . . . . , , , . .
104
d. Schedule Essential Services; Repairs; and
New Development . . . . . . . . . . . . . .
. 105
e. Repair and/or Replacement -of Public Infrastructure.
. 107
Section
V. The Land Classification System. . . . . . . . . . . . .
. 108
A.
Land Classification System Description and Purpose:
Relationship with Policies. . . . . . . .
. 108
B.
Land Classification System Classes. . . . . . . . .
. 108
1. Developed. . . . . . . . . . . . . . . .
. 109
a. Purpose . . . . . . . . . . . . . . . . . . . .
. 109
b. Description and Characteristics . .
. 109
c. Policy Discussion . . . . . . .
. 109
2. Urban Transition . . . . . . . . . , ,
. 110
a. Purpose . . . . . . . . . . . . . . . . . . .
. 110
b. Description and Characteristics . . . . . . . . .
. 110
c. Policy Discussion . . . .. . . . , . .
. 110
3. Limited Transition . . . . . . ,
112
a. Purposes . . . I. . . . . . . . . . . .
112
b. Description and Characteristics . . . . . . .
. 112
c. Policy Discussion
112
4. Community (Not Applicable to Bath)
5. Rural . . . . . . . . . . . . . . . . . . .
. 113
a. Purpose . . . . . . . . ... .
. 113
b. Description and. Characteristics . . . . . .
. 113
c. Policy Discussion . .
113
6. Rural with Services [Not Applicable to Bath]
7. Conservation . . . . . . .. . . .
114
a.Purpose . . . . . . . . . . . . . . . . . . . .
114
b. Description and Characteristics . . . . . . .
. 114
c. Policy Discussion . . . . . . . . . . . .
. 115
Section VI. Intergovernmental Coordination and Implementation . . . .
. 116
A.
Coordinating Local, State, and Federal Activities . . . .
. 116
B.
Consistency with Adjoining Planning Jurisdictions . . . .
. 117.
Section VII. Public Participation . . . . . . . . . . . .
. 119
A.
Public Participation in the Bath Land Use Plan. . . .
. 119
B.
Public Participation Plan . . . . . . . . .
. 120
Section VIII. Analysis of Policy Achievements Since 1986 . . . . . .
. 125
A.
Introduction . . . . . . . . . . . . . . . . . .
. 125
B.
Policy Statements Contained in the 1986 Bath Land Use Plan
125
C.
Policy Achievements of the 1986 Bath Land Use Plan
and 1991 Continuation ... . . . . . . . . . . . . .
. 127

Maps
Following
Page 131
Map A
Existing Land Use
Map B
Community Facilities
• Water Line Locations
• Waste Water Line Locations
Map C
Historic Areas
• Historic District
• Historic Properties
• Archeological Sites
Map D
Land Classification
Appendices
Page
A
Town Board of Commissioners, Planning Board and Staff. . . .
. . 1
B
1991 Bath Household Survey . . . . . . . . . . . . . . .
. . 2
C
Results of 1991 Bath Household Survey. . . . . . . . . . .
. . 11
D
Prioritization of Important Issues . . . . . . . . . . .
. . 29
E
Prioritization of Potential Development Types. . . .
. . 33
F
Survey Results/1991 Land Use Plan Cross -Reference Matrix . .
. . 35
G
Public Participation Notices . . . . . . . . . . . .
. 39
H
List of Federal, State, and CountyRegulations Affecting
land use in Bath . . . . . . . . . . : . . . . . .
. . 43
I
Agencies Coordinating Storm Preparedness . . . . . . . . .
. . 51
J
Summary of Policy Statements . . . . . . ... . . . . . .
53
K
Bibliography . . . . . . . . . . . . . . . . . . . . . . .
. . 63
t

Land Use Plan
1991
Section I. Introduction
A. The Purpose of a Land Use Plan: Why Plan for Bath's Future?
All local governments in coastal North Carolina are required by the
Coastal Area Management Act (CAMA).to have and maintain a Land Use Plan. The
Plan serves as a valuable tool to assure that growth in the coastal zone
proceeds in an orderly manner and that development is consistent with the
goals and attitudes of the community where it occurs.
A Land Use Plan is particularly important for a small town such as
Historic Bath. The Plan tries to reconcile the interests of economic vitality
in the Town and the need to protect important natural, cultural, historic, and
scenic resources.
Much of the charm and attraction of Bath is derived from its long and
rich history and scenic setting. Incorporated in 1705, Bath, located at the
confluence of Bath Creek and Back Creek in central Beaufort County, is the
oldest town in North Carolina.
Bath has played an important role since English colonists first began to
settle in North Carolina. The harbor served as the port of entry for most of
the state and it attracted a variety of historical figures, from the first
General Assembly to the notorious pirate Blackbeard.
The scenic setting at the juncture of the creeks and the historic
heritage of the Town still make Bath a pleasant year-round home for over one
hundred fifty people. The natural beauty and good recreational and commercial
fishing attract others to Bath on a seasonal basis and provide an opportunity
for growth in this small farming community.

2
The purpose of this Land Use Plan Update is to provide the Town of Bath
and its extraterritorial zoning jurisdiction a guide for orderly and desirable
growth. While it is important that the citizens of Bath be protected in
advance from the adverse effects of ill-advised development, it is not the
intent of this Plan to discourage development that is consistent with the land
use policies contained in this Plan. Moreover, it is the objective of the
Plan to guide development in and within the extraterritorial area of Bath so
that the end result will be a product of orderly planning with all new
development "fitting in" with the environment. In fact, it is recognized that
good development should be encouraged as a means of insuring the economic
health of the community.
B. Basic Elements of the Land Use Plan
CAMA Guidelines require that all local land use plans contain certain
basic elements. The citizens and staff of the Town of Bath, with consultant
assistance provided by David J. Brower and Associates of Coastal Resources
Collaborative, Ltd. of Chapel Hill, North Carolina, have incorporated these
requirements into the 1991 Bath Land Use Plan Update, with each element
tailored to fit the.unique circumstances of the Town. The following is a
brief overview of the major sections of the 1991 Update.
Section II, Data Collection and Analysis, establishes the information
base upon which subsequent sections of the Plan are based. In this Section, a
description of present conditions outlines the demographic and economic
aspects of Bath,, and there is an analysis of existing land uses. Section II
also summarizes current plans, policies and regulations having significant
implications for land use in Bath. There is also a discussion concerning
existing constraints, both in terms of land suitability and carrying capacity,
to Bath's growth and development. This Section also provides estimated

3
projections for population, the economy; future land needs, and"community
facilities that will accompany the anticipated growth of the Town.
Section III, Policy Discussion, lays out policy statements and discusses
important issues under seven major topic headings: (1) Resource Protection;
(2) Resource Production and Management; (3) Economic and Community
Development; (4)_Continuing Public Participation; (5) Storm Hazard Mitigation,
and (6) Water Quality Impacts and Long -Term Accumulative Impacts of
Development. In addition to the official policy statements for each major
topic, this Section defines the issues involved, discusses proposed
implementation methods, and describes the consistency between the policy
statements and other regulations and policies, where relevant.
Section IV outlines the Town's Storm Hazard Mitigation, Post Disaster `
Recovery, and Evacuation Plans.
Section V sets forth the Land Classification System for the Bath Plan
Update. This'Section divides all the land in Bath and its extraterritorial
jurisdiction into one of several land classes and discusses the criteria used
to determine the classifications. The Section also delineates what land uses
will be allowed in each land class and discusses the relationship between the
land classification system and the Plan's policy statements.
Section VI, Intergovernmental Coordination and Implementation, lays out
the various local, state, and federal activities affecting Bath and discusses
ways to coordinate these activities. This section also discusses the need for
consistency with adjoining planning jurisdictions.
Section VII, Public Participation describes both the need and the
requirement for continuing public participation in the planning process. This
section describes the Public Participation Plan that was followed during the

4
update process -to ensure all interested residents and non-residents had an
opportunity to become involved in planning for Bath's future.
- The final Section of the Plan, VIII, Analysis of Policy Achievements,
discusses the progress the Town of Bath has made in achieving its most recent
policy goals`. This Section sets forth which policies were considered
effective so as to be continued in the 1991 Plan Update, which needed .
modification or deletion, and what new statements were formulated to address
current policy issues
This Plan Update also contains several maps which illustrate many of the
discussions contained in the.foregoing sections. These maps will serve as a
visual tool for implementing the policy statements contained in the text of
the Land Use Plan.
C. How the Land Use Plan is Utilized
Land use plans which are prepared by local governments in the.coastal
area are distributed widely,and have many uses. The Land Use Plan is a
framework that will guide local leaders as they make decisions affecting
development. Private individuals and other levels of government will also use
the Plan to guide their land use decisions.. Use of the Plan by these groups
will lead to the more efficient and economical provision of public services,
the protection of natural resources, sound economic development, and the
protection of public health and safety.
1. Local Government Uses
Counties and municipalities should use the local land use plans in their
day-to-day decision making and in planning for the future. The land use plan
provides guidance in local policy decisions relating to overall community
development. The plan also provide the basis for development regulations and
capital facility planning and budgeting. By identifying how the community

5
prefers to grow, land use plans help assure the best use of tax dollars for
extension of public utilities and services to areas designated for
development.
While most decisions are primarily of local concern, by carefully and
explicitly addressing land use planning issues, other levels of government
will follow local policies that deal with these issues.
2. Regional Uses
The regional councils of government on planning and regional development
commissions use the local land use plans as the basis for their regional plans
and in their function as regional clearinghouse for state and federal funding
programs.' The local plans indicate to these regional agencies what types of
development the local community feels are important and where the development
should take place.
3. State and Federal Government Uses
Local land use plans are used as one major criterion in the.granting or
denial of permits for various developments within the coastal area. State and,
federal agencies,are bound by law to ensure their decisions consider the
policies and the land classification system which are described by local
governments in their plans. The North Carolina Coastal Area Management Act
stipulates that no development permit may be issued if the development is
inconsistent with the local land use plan. Similarly,.decisions relating to
the use of federal or state funds within coastal counties and towns, and
projects being undertaken by state and federal agencies themselves must also
be consistent with the local plans. It is thus vitally important that local
governments take the opportunity to be as definitive as possible in developing
their policy statements and land classification system to minimize
interpretive decisions on the part of state and federal review, permit, and
funding agencies.

Do
Section II. Date Collection and Analysis
A. Establishing an Information Base: Overview
The data collection and analysis elements detailed in the CAMA
Guidelines for preparing the Land Use Plan are designed to establish the
information base necessary to make policy choices about future land use and
development in the community. The data collection and analysis requirements
begin with an examination of the present situation in the Town of Bath,
including assessments of the 1986 Bath Land Use Plan and other public policy
documents, technical plans and studies, and published information on the Town.
The present conditions in terms of land use and suitability of land for
development were also examined. Based upon population and economic
projections and upon local policies, an estimate was then made of what land
use demands are likely to be placed on the planning area during the ensuing
planning period. The implications of the projected future demands were then
examined and balanced against the suitability of the lands within Bath's
planning jurisdiction for development and the capability of the Town to
provide basic public services and facilities. The Land Use Plan analyzes.how
anticipated development will affect the need for services such as water,
sewer, fire and police protection, schools, etc. This analysis is linked
closely with policy development and land classification in the Plan.
Data for the 1991 Bath Land Use Plan Update was collected through a
combined effort of the Town of Bath Planning Board and Staff and Coastal
Resources Collaborative, Ltd. Published data were collected from local,
county, state, and federal agencies as needed.

7
B. Present Conditions
1. Population. Economy, and Housing
a. Population
The Town of Bath is small.in terms of its population Data from the
U.S. Census Bureau indicate that the Town's population in 1990 was 154. Of
these, 137 persons were 18 years of age or older. Previous U.S. Census counts
set the 1980 population of the Town at 213 and the 1970 population at 231.
The structure of the population is somewhat unusual, as the Town has a large,
mainly female, elderly population. While detailed 1990 Census figures were
not available for this.report, the age structure of Bath's population in 1980
is shown in Table 1. The exact size and distribution of population in the
Town of Bath is not crucial, but 1970,"1980 and 1990 U.S. Census figures
indicate a slowly declining population pattern over the past twenty years.
The population trends of the past, however, are not likely to be followed in
the future.
Changes in the population of an area may occur through the birth of new
residents, the death of existing residents, the migration of non-residents
into the area, and the migration of existing residents out of the area.
Obviously, a local government has little control over the first two factors,
but in a small town births and deaths.typically cause little change in the
population over a planning period of ten years. Indeed, an analysis of the
impact of expected births and deaths on the Town of Bath's year 2002
population, which is based on 1980 Census data and included in Table 2
estimates a relatively small eleven person decrease in the Town's year -around
population as a result of births and deaths.

8
Table 1
Population by Age and Sex
1980
Total/Percent of
Age
Male
Female
Total Population
0-5
4
2
6 (2.8%)
5-14
6
11
17 (8.0%)
15-24
12
9
21 (9.9%)
25-34
9
8
17 (8.0%)
35-44
9
3
12 (5.6%)
45-54
4
8
12 (5.6%)
55-64
18
19
37 (17.4%)
65+
27
64
91 (42.7%)
TOTAL
89
124
213 (100.0%)
(Source: U.S. Bureau of
the Census, 1980 Census of Population)
Table 2
Projected Population by Age and
Sex
Assuming Zero Net Migration
2002
Total/Percent of
Age
Male
Female
Total Population
0-5
3
3
6 (4.2%)
5-14
8
7
15 (10.5%)
15-24
7
5
12 (8.4%)
25-34
6
10
16 (11.2%) .
35-44
11
9
20 (14.0%)
45-54
9
8
17 (11.9%)
55-64
8
4
12 (8.4%)
65+
12
33
45 (31.4%)
TOTAL
64
79
143 (100.0%)
(Projections
derived from
a cohort survival model of
population change based
on 1980 U.S.
Census data)

9
In contrast, local government can have a powerful influence on the
migration of persons into and out of its boundaries through its policies.
Because of its historic character and coastal location, the Town of Bath is an
attractive location for both new permanent and seasonal residents as well as
short-term visitors and tourists. We should therefore expect that on balance
more persons will migrate into the Town of Bath than will migrate from the
Town to other homes. Within broad limits set by market forces and individual
property rights, then, the Town has considerable power to.influence its own
rate of population growth over the next ten years.
Because Bath is a small town, it is very important that the local
government exercise.their power to guide growth intelligently and responsibly.
We should remember that just one hundred additional households in the Town of
Bath will roughly double the Town's population, and thus its governmental
responsibilities. To determine a reasonable and manageable rate of population
growth that is envisioned in this plan, we have examined the results of
population projection methodologies that rely on three abstract growth
patterns for Bath's population. These results should not be considered
expectations of actual future population growth. Instead, these results, are
used as tools.to establish a range within which town policies can guide
population growth.
The first methodology, projection of population growth resulting only from
births and deaths has been discussed above. -Obviously, we recognize that
there is likely to be significant migration of persons into the Town of Bath,
but the year 2002 population derived from this method (143) is a convenient
low estimate within the range in which the Town's 2002 population is likely to
lie. This projection can be considered conservative because infrastructure
improvements completed in the late 1980's increased the Town's development

10
potential considerably, but it provides an estimate near the lower end of the
range of likely 2002 Town population sizes.
The second methodology assumes the continuationof recent growth trends
into the future'. In essence, it assumes that the town's population will
change over the next ten years in the same way in which it did over the last
twenty years. The projection of the Town's 2002 population derived by this
method is 115. This projection may be used to establish a lower bound for
the town's population.
The third methodology assumes rapid development of vacant land in the
.Town of Bath under its current development guidance system. This methodology
reflects the use of 50 percent of the town's land for residential purposes at
a moderate density of three dwelling units to the acre and average household
sizes (2.4 persons/household) and year -around occupancy rates (76.3 percent of
dwellings occupied year -around) equal to those prevailing in 1980. After
allowing for public and other non-residential uses, unusable lots, and
environmentally sensitive areas, this scenario in essence envisions the
initial buildout of vacant land in the Town over the next decade. The
projection for the Town"s year 2002 population were this course of events to
occur is 575. Again,.this scenario does not reflect an expectation of the
course of future development, but merely sets a bound, in this case an upper
bound, on the likely range of Year 2002 population for the Town of Bath.
The final Year 2002 population projection for the Town of Bath is
dependent upon non-residents' desire to migrate to the Town, upon residents
desire to remain in the Town, and upon internal population change through
births and deaths. This projection, however, is also dependent upon the
conscious choice of the Town Council to institute policies that will guide
population growth along a path that is manageable. The range of feasible year

2002 population figures for the Town of Bath that have been developed for this
plan vary from 115 assuming a continuation of the population losses of the
past twenty years,to 143, assuming normal rates of births and deaths and no
net migration in or out of the town, to 575, assuming rapid migration into and.
development of the town.
Population growth.in Bath is unlikely to follow any of these paths
precisely. Over the next ten years, we expect a moderate amount of migration
into and development of the town, based upon the continued popularity of the
North,Carolina coast, the capacity of the community to accommodate
development, and the plans and policies that are outlined .in the remainder of.
this plan. For planning purposes, therefore, we estimate that the year 2002
population of the Town of Bath will fall in a range between 175 and 225, with
a working projection of the year 2002 population of 200.
b. Economy
Bath is principally a residential community whose residents are mostly
either retired, self-employed, or commute to work. Fishing, farming, and
cottage industries are an important part of the local economy. Washington,
Belhaven, Greenville are close by and much of the Town'.s working population is
employed there. Some',residents are employed by the Charcoal Services
Corporation producing carbon filters. Charcoal Services is located just
outside the Town limits but within Bath's extraterritorial planning
jurisdiction and has an employment range of-20 to 49-employees. Some other.
'residents work for Texasgulf out of Aurora in phosphate operations.
At the time of the 1986 Bath Land Use Plan, the largest employer in town
was the Bath High School, which employed 70 people. Since that.time,"however,
Beaufort County has consolidated its school system, sending grades 9-12 from
Bath High School to Northside High School in'Yeatesville, thereby considerably .

12
reducing the work force in Bath. Bath Elementary School, which covers grades
K-8, has 48 permanent employees.
The largest contributor to Bath's economy continues to be the tourist
industry, despite a recent decline in this sector of the economy. Tourists
are attracted by the Town's quaint village appeal and the picturesque scenes
of the water surrounding the Town. Visitor attractions also include the State
Historic Site, where tourists can learn about the history of Bath and the
surrounding area by visiting several restored buildings and attending exhibits
and a movie at the State -run Visitors' Center.
Visitors to Bath also come seeking recreation. The State Park at Bonner
Point offers beautiful views of the water, although minimal facilities are
provided. Sailing, motorboating, and water skiing are popular sports, as is
recreational fishing, although there is no public accessway to the water for
boats in Bath. A small number of sailboats are moored at the marina on Bath
Creek, and boaters can access the water, for a fee, at the small commercial
marina on Back Creek or at the public water accessway for boating visitors at
Goose Creek, a nearby state park.
Although residents and officials recognize the attraction of Bath for the
water recreation opportunities it provides, there is concern over the number
of boats in the creeks during peak summer months. Both water quality and
safety, including noise levels, are issues which arise due to the current
level of use of the water.
While tourism and recreation are not trouble -free areas for Bath, they
continue to be an important aspect of the economy. However, there has been
some decline in the number of businesses which are mainly supported by
visitors to Bath. One of Bath's main attractions, which has been discontinued
since the 1986 Land Use Plan was written, was the Blackbeard Outdoor Drama

13
Amphitheater. For over a decade the play :drew several thousand viewers from
all over the State and even the country, each season. .For a variety of
reasons, however, the drama was shut down, eliminating a popular seasonal
attraction to Bath..
Since the closing of the Amphitheater, and in part perhaps attributed to
that, several of the businesses located in downtown Bath have closed.
Commercial activities which were open in 1986, such as a restaurant, and
several small gift shops, are no longer operating. There are several empty
commercial sites throughout Bath. The remaining commercial and.service
activities.which continue to be supported by residents and visitors in Bath
include the Historic Bath Visitors Center; 2 gift ,shops; the Post Office; a
bank; the Town library; a barber shop; two service stations; an ABC store; a
grocerer; a small water oriented business on Back Creek; two realtors; a
construction office; a grill; a bed and breakfast; and a motel and marina on
Bath Creek.
c. Housine
Housing in Bath is primarily single-family detached. In 1991, there were
approximately 140 housing units, 110 of which were occupied year-round. Of
the remaining houses, most were heldforseasonal or occasional use. Since
that time, there have been a few new homes built within the Town limits. New
subdivisions in the Bath Planning Area have contributed to a significant
increase in the number of housing units. New home construction has been in
general concentrated along the waterfront. There is a significant amount of
land in the Planning Area, however, that is subdivided and ready for sale.
2. Existing Land Use Analysis
Land use activities within the Bath Planning Area are devoted to the
following uses: Agricultural and Forestland, Residential, Commercial,

14
Cultural and Institutional, and Areas of Environmental Concern. All areas
with these uses are identified in Map A, Existing Land Use.
a. Agricultural and Forestland
The largest land use activity within the planning district is devoted to
agricultural production. The second largest use in terms of acreage is forest.
The area immediately north of Town is oriented toward agricultural production.
The major crops include corn, tobacco, and soybeans. A majority of land area
east of .Town across Back Creek, is undeveloped and forested. The land west of
Bath, across Back Creek is also undeveloped, but agricultural production is
more extensive.
These two land use activities have few implications upon adjacent land
uses. Agricultural runoff has not posed any significant threat to nearby
water resources, since most of the agricultural land is not made use of to the
water's edge. These uses are, however, affected by activities or land use
trends which occur nearby. This sensitivity to adjacent activities makes
agriculture and forestry lands vulnerable to development pressures. This is
particularly true for agricultural lands which are cleared, have suitable
..soils and are well drained. Thus, there is a potential for increasing
pressure upon agricultural land when development of an area is initiated. The
greatest conflict which may arise is between the need for agricultural
products and the need for land for development purposes.
b. Residential
Residential land use is divided between two types of activity: year-round
housing and second home development. The majority of the year-round housing
units are located within the Town limits, although the Existing Land Use Map
reflects residential concentration along NC 92 east of Town and along King
Street Extension at the intersection of S.R. 1743. The subdivision,

15
Springdale Village on S.R. 1763 east of Town was recently annexed. Other
relatively,new subdivisions include Catnip Point, Teaches Point,..and Cool
Point. The remaining year-round dwelling units are much older. At least one
.of the restored homes in the Historic District is used as private residence.
The second aspect of the Town's residential activity is associated with
second home development. Second home development is directed at areas in
close proximity to the waters of Bath Creek and Back Creek. There are several
areas where second home development has been primarily concentrated, although
permanent residences are also in these areas: (1) outside the corporate
limits of Bath on the east side of Back Creek, there are several existing
units with a potential for more; (2) further along the same side of the Creek,
past the confluence with Bath Creek is'Teaches Point, a more extensive
development with some second -home units. Access to this development is
provided from NC 92 on an unimproved road, S.R. 1757; (3) the most extensive
second home development is located on the west side of Bath Creek at the
termination of S.R. 1340. Catnip Point, located to the north of NC 92 on.the
eastside of Bath Creek contains a few more permanent residences.
There are many second -home owners who visit Bath on weekends and during
the summer months, primarily to, take advantage of the recreational water
resources Bath provides.
There is a few isolated residences which have been allowed to become run-
down and even dilapidated. These are, for the most part, owned by people who
no longer use or lease out the houses
There is enough land within the Town of Bath to accommodate all projected
growth figures for residential needs. There also exist significant tracts
outside the corporate limits that are subdivided but.as of yet are
undeveloped. Development of residential areas has not as yet posed any

16
significant threat to water quality. Policy statements in this 'Plan address
the potential problems that could occur from development.
C. Commercial
There are three main areas of commercial concern in Bath: water, tourism,
and services. Some of these activities take place inthe area designated as
the Business District in the Bath Zoning Ordinance; others are scattered
throughout the planning area.
The water -related commercial activity is focused upon the marina on Back
Creek which is located on the west side of the Back Creek Bridge. The marina
provides residents and visitors access to the water as well as fuel and other
boating supplies. A sailboat marina with approximately 40 boats is present on
Bath Creek and provides long-term docking facilities. While inconsistent with
the water -quality concerns of the Town, -the marina provides a pleasant
entrance scene for those driving into Bath on NC 92.
The historic significance of the Town brings many tourists to Bath all
year round. In past years, up to 30,000 visitors a year have come .to see the
restored buildings, State Historic Site, and St. Thomas Episcopal Church, the
oldest in North Carolina. The historic area continues to attract visitors,
however, a few of the shops which catered to these tourists have gone out of
business. Several of the buildings which housed businesses still remain
empty. The Bath Zoning Ordinance -currently allows for new commercial activity
to take place in the downtown Business District, and such development is
encouraged by the Town, especially over any type of commercial development on
the fringes and in the extraterritorial jurisdiction.

17
The final 'level of commercial activity relates to the provision of goods
and services which are required for day to day living. These activities are
listed above in Section II (B)(1)(b) (page 11) on the economy of Bath. The
extent.of these activities is limited and at this time does not have a
negative impact upon adjacent land and water uses.
d. Cultural and Institutional
The historic significance of Bath is recognized by both the local
residents as well as individuals versed in the history of North Carolina. The
historical importance of Bath is being preserved and perpetuated by the
Historic Bath Commission, the North Carolina Department of Cultural Resources,
and the Historic District Commission. Map C, Historic'Areas, shows the
boundaries of the Town's historic district, the location of historic
properties, and known archaeological sites.
In many respects the historic places and atmosphere which characterize
Bath are like a natural resource; when they cease to exist or are compromised
by undesirable development, they are lost forever and cannot be replaced. The
year-round residents of Bath place a high value upon the preservation of this
historic importance of Bath. Many Town residents also express concern about
development which would have the effect of negating the historic atmosphere.
Archaeological finds which:have as yet not been discovered are also of concern
to the community, and every effort to protect buried history will be made.
There`are.three churches located in Bath, and one to the east and one to
the west of Town. The old Bath High School and the active Bath Elementary
School complex cover the rest of the "institutional" land in Bath. The old
high school building remains empty, and there are no current plans for its
use.

18
e. Areas of Environmental Concern (AECs)
Two types of AECs are found within the Bath Planning Area: Coastal
Wetlands and Public Trust Waters. These areas show up on Map D, Land
Classification, as conservation areas
The designation and regulation of critical resource areas is one of the
major purposes of the Coastal Area Management Act. 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," and in
recent years the area "has been subjected to increasing pressures which are
the result of the often conflicting needs of the society expanding in
industrial development, in population, and in the recreational aspirations of
its citizens." The Act further states that "unless these pressures are
controlled by coordinated management, the very features of the coast which
make it economically, aesthetically and ecologically rich will be destroyed."
Areas throughout coastal North Carolina, including some in Bath, have been
designated by the Coastal Resources Commission as AECs. The 13 categories of
AEC are explained in detail in 15 N.C.A.C. 7H.
Coastal Wetlands in Bath consist of salt marshes which "are subject to
regular or occasional flooding by -tides, including wind tides. . ." Like
other wetlands, they support the unique productivity of the estuarine system
through entrapping decayed plant material and other nutrients. Without the
marsh the high productivity levels and complex food chains typically found in
the estuaries could not be maintained'. Such are essential for estuarine
dependent species of fish and shellfish and waterfowl and other wildlife
feeding and nesting.
Currently, protection of the marshes has been achieved through stringent
monitoring of bulk -heading and enforcement of permit authority by both the

19
CAMA minor and major permit officers
maintained in.the futures
This level of concern should be
There are also some wetlands in Bath that are covered by Section 404 of
the Federal Clean Water Act. These areas are protected by permit requirements
of the U.S. Environmental Protection Agency and the U.S. Army Corps of
Engineers. Recently, however, one tract of 404 wetlands was permitted by the
Corps to be traversed by a bridge connecting NC 92 and the tract of land
currently being prepared for development on the western edge of Back Creek.
Further such incidents of development in and around wetlands should be
discouraged in order to protect these sensitive areas.
The second type of AEC in Bath is public trust waters. As encompassed in
Section .0207 of 15 N.C.A.C. 7H, public trust waters in Bath essentially means
all navigable waters, that is, all the waters of Bath and Back Creeks. Such
waters are important to the Town, as well as to the CRC, because the public
has access rights and use rights of these areas for navigation, recreation and
commerce. Additionally, these waters have aesthetic value and are
commercially important resources for economic development. Dredging and
filling of waterways are only allowed by permits issued by CAMA officers.
The Town of Bath has recognized the importance of its public trust waters
and the need for protecting them from incompatible uses by incorporating the
waters of Bath and Back Creeks within the corporate limits of the Town. These
areas are now zoned and uses permitted by the Bath Zoning Ordinance afford the
greatest protection possible at the local government level.
f. Conclusions of Existing Land Use Analysis
Currently there are no major problems caused by unplanned development in
Bath. A prime example of the effectiveness of the Bath Land Use Plan in
preventing undesirable development is the commercial marina which was

20
prevented from being developed. (See Section VIII — Analysis of Policy
Achievements.) Potential problems regarding mobile home development are
addressed in the Zoning Ordinance. Potential problems regarding floating home
development, energy -facility siting, and developing beyond wastewater system
capacity are addressed in this document. There is currently no subdivision
Ordinance for the Town of Bath. Such a document would be useful to guide
development in the areas of Town which are currently undeveloped but already
subdivided and ready for sale.
If development goes as planned (see the discussion in Land Classification,
Section V), the areas north and east of the Town limits are likely to change.
Before these areas change, however, it is hoped that vacant and agricultural
land within the Town limits will develop first.
3. Current Plans. Policies and Regulations
The Bath Zoning Ordinance is an especially important planning document.
It is crucial that all the tools used for managing land use and development in
the area be consistent. The -Bath Town Council and Planning Board have
constructed the Zoning Ordinance and this Land Use Plan so that the two
documents are not in conflict with one another.
Another regulatory tool used in Bath is the Historic District Ordinance.
This law seeks to preserve the aura of the Historic District of the Town by
imposing restrictions on the type, size, and appearance of any new
construction that takes place in the designated area.
The Zoning Ordinance and the Historic District Ordinance are enforced by
the Town Administrator.
A list of State, County, and Federal regulations pertaining to development
within the Bath Planning Area are contained in Appendices H and I. Town

21
officials will seek to ensure strict enforcement of the regulations which
afford protection for the natural resources in and around Bath.
C. Constraints: Land Suitability
Land suitability is analyzed in terms of three different types of
constraints: physical limitations, fragile areas, and areas of resource
potential. The analysis presented here, plus related sections of policy,
discussion served as the basis of the Land Classification Map.
1. Physical Limitations for Development
The following areas have conditions making development costly or causing
undesirable consequences if developed.
a. Hazard Areas
The major natural hazards in the Bath Planning Area are floodprone areas
and points of excessive erosion.Development should be directed away from
these areas or undertaken with caution.
b. Areas With soil Limitations
The areas with soil limitations include hazards for foundations, shallow
soils, poorly drained soils, and areas with limitations for septic tanks. The
entire area may be classified as one in which soil limitations are common to
most of the soils present, as articulated in the following excerpt from the
1977 Land Development Plan.
There are several different soil associations located within the Planning
Area. These associations are the Lynchburg -Goldsboro -Dunbar, the Lenoir
Craven-Bladen, and the Bladen-Portsmouth-Bayboro. The importance or
significance of these soil associations is related to their capacity for
general development. For example, an association may be highly valuable for
agricultural production although, due to certain characteristics, undesirable
for residential development. These undesirable characteristics include

22
carrying capacity for road construction or drainage functions which require
expensive_ construction techniques or modified septic systems. The wastewater
treatment facility constructed recently will improve the development potential
of these soil associations.
The largest soil association in the Planning Area is the Lenoir-Craven-
Bladen Association. The association extends from Bath Creek west to S.R.
1334,'a distance of approximately three miles. The association is
characterized by -moderately well to poorly drained soils.
The slope ranges from nearly level to 15 percent. These soils have a
median textured surface and a firm clay subsoil. With respect to general
development, the association poses severe limitations upon septic tank
operations. The severe limitation label implies that the association has one
or more.properties unfavorable for the use, and the limitations are difficult
and costly to overcome, requiring major soil reclamation, special design or
intense maintenance. It must be remembered, however, that^each proposed
property ought to be evaluated, since these are only general characteristics
of a soils association and not a detailed analysis of soil types. In general,
based upon the general soils information, development which may occur west of
Bath Creek should be characterized by large lot single-family units, which the
Town can cause to occur through its Zoning Ordinance. The association poses
limitations upon not only septic tanks, but also bearing strength for
structures due to a relatively high water table and hazard from flooding.
The next largest association occurring in the Planning Area is the Bladen-
Portsmouth-Bayboro Combination. This association is located primarily on the
east side of Back Creek,. north and south of NC 92. The association is
characterized by poor to very poorly drained soils on a nearly level terrain.
Surface texture ranges from fine sandy loam to mucky loam. 'The subsoils range

23
from friable, or brittle, sandy clay loam to very firm,clay. These soils also
place severe limitations on the operation of septic tanks. These limitations
are related to the'.high water table, flooding hazard, and poor permeability.
In addition, the soils exhibit limitations upon the development of
transportation routes. Thus, if development occurs, the specific tract ought
to be evaluated to establish the severity of problems posed by the soil. In
general, development, should be on large lots, having adequate area for
extended drainage fields. Waterfront development should be large lot, single-
family development.
The third soil association found in the Planning Area is located in the
area between Bath Creek and Back Creek and extending north to S.R. 1743. The
soils are of the Lynchburg -Goldsboro -Dunbar variety. The soils do have
limitations upon septic ,tanks, similar to those previously discussed..
However, it appears that the drainage characteristics of the association pose
few limitations upon.road construction and housing foundations. It is
significant to note that this area may well be the best area for future
development, particularly since the incorporated area of Bath is located
within this area. It must be pointed out that septic tank operations are
adversely affected by this soils association and extra maintenance may be
required. To the extent that the wastewater treatment system has been
extended to these areas, the effect of these poor soils is "mitigated" for
development purposes.
c. Water Supply Areas
The water supply source for the Town of Bath and the adjacent planning
area is derived from ground water_ supplies. The main.source is the Castle
Hayne-Aquifer. Although ground water is the source of all water for human-
consumption in Bath, the actual distribution of water does vary ranging from

24
individual wells in the extraterritorial jurisdiction to a central water
distribution system for the Town. Since ground water is susceptible to
contamination from incompatible land uses, care should be taken to steer
development which could threaten water supplies away from wellheads and
aquifer recharge areas. A wellhead protection program could help ensure the
safety and potability of the community's public water supply by regulating
undesirable development. Private well owners should be educated about
groundwater contamination and encouraged to protect their wellheads.
In the past, there has been a real concern about lower ground water levels
as a result of phosphate mining by Texas Gulf. Since the initiation of
mining, ground water levels have been modified but at this time no significant
impacts upon individual wells in the Bath area have developed. Past studies
by the Ground Water Division of the North Carolina Department of Environment,
Health, and Natural Resources indicate that no problems should occur in the
future.
d•. Steep Slopes
As noted above, the Lenoir-Craven-Bladen soils which extend west of Bath
Creek for a distance of three miles have slopes ranging from 0 to 15%. The
topography plotted on Map G, Flood Prone Areas, indicates that other areas of
greater than 12% slope occur on the partially eroded shoreline of the creeks.
Development on steep slopes is liable to cause a disproportionately large
increase in run-off and also to present an erosion hazard even on soils not
especially prone to erosion. In addition, septic tanks are difficult to
locate on steep slopes without effluent issuing at the service.
2. Fragile Areas
Areas which could easily be damaged or destroyed by inappropriate or
poorly planned development in the Town of Bath.and its district include: the

25
AEC's; a series of properties on the state registry of historic places; 11404"
wetlands; and scenic places such as Bonner's Point. The policies of this Land
Use Plan aim to protect these areas to the greatest extent possible without
stifling development altogether.
The area has none of the following; sand dunes along the outer banks;
ocean beaches or shorelines; complex natural areas; areas that sustain remnant
species; areas containing unique geological formations; registered natural
landmarks; or others such as wooded swamps; prime wildlife habitats; prominent
high points; maritime,forests; lands identified through the U.S. Fish and
Wildlife National Wetlands Inventory; or areas identified through EHNR's
Natural Heritage_ Program.
3. Areas With Resource Potential
The Bath Planning Area is generally productive for agricultural purposes,
but has no specific productive and unique agricultural lands. For further
discussion.and policies on areas with agricultural resource potential, as well
as phosphate mining, commercial fisheries, and forest lands, see Section III
(b), Resource Production and Management. There are no publicly owned forest
or fish and game lands in the area and no privately owned wildlife
sanctuaries'.
Bath has'approximately one-third of its incorporated area consumed by
publicly owned parks or vacant lands. These areas serve to prohibit
development on the water's edge, helping to protect water quality, public
access, and scenic views; and also to support the community's and.state's.
historic interest. Other beneficial uses of these areas are addressed in
Section III (C) - Economic and Community Development.
Since the 1986 Land Use Plan was formulated, Bath has included the waters
of Bath and Back Creek to within 300 feet of the shore in the Town's corporate

26
limits. Much outdoorrecreation activity takes place in these waters. As
noted earlier, water -based recreation, including sailing, motorboating,
skiing, and fishing attracts many visitors to Bath as well as engages many of
the residents of Bath. While the public trust waters in Bath should remain
open and available to all who wish to use them for public trust purposes,
there must be a balance between free access and the safety and water -quality
concerns that arise when lots of people wish to use the water at the same time
for different purposes. Policy -statements in this Plan address these issues.
D.. Constraints: Carrying Capacity Analysis
In accordance with CAMA guidelines, an examination of various_ services has
been made to assist the government of the Town in evaluating its ability to
provide basic community services to meet anticipated demand, as well as to
point out deficiencies which will need future attention and efforts. The
following analysis includes discussion on existing services, design capacity,
current levels of services use, and capacity of facilities to meet demand.
1. Water Service
The central water distribution system for Bath comprises two wells capable
of providing 75 gallons per minute each. On a daily basis, the two wells
together can provide up to 216,000 gallons of water per day.
During the current planning period, household use of the water system
accounts for approximately 22,000 gallons per day; commercial establishments
in Bath together use approximately 5,OOO gallons per day; the Historic
Visitors' Center uses approximately 350 gallons per day. Total usage of the
water system is approximately 14% of designed capacity.
The 1980 and 1986 Bath Land Use Plans cited problems with the existing
water system, principally the aeration building is in need of repair and other

27
maintenance is warranted. These conditions have not changed to date and will
have to change before unused capacity can be utilized.
Assuming the growth in households willparallelthe growth in population
and housing stock within Town limits (3.5% per year), plus assuming a crude
estimate of one new commercial establishment per year, the following Bath
water system projections are presented:
- 40,295 gallons per day in 1995-(19% of capacity)
45,780 gallons per day in 2,000 (21% of capacity)
2. Wastewater System
Since the 1986 Land Use Plan, the Town of Bath has constructed a
wastewater treatment system. The design capacity of the system is 40,000
gallons per day. Existing households, commercial establishments, and
institutional users utilize the wastewater system at an approximate rate of
30,350 gallons per day, or approximately 76% of the designed capacity. At
this rate there is an excess capacity of 9,650 gallons.
Assuming the water utilization projections cited earlier:
in 1995 the Town's wastewater system will be operating at 100% capacity.
This projection was made assuming the number of households hooking.up to
the system will increase at a rate of approximately 3.5% per year (with an
assumed utilization of 170 gallons per day), one commercial establishment will
hook up per year (with an approximate utilization estimate of 315 gallons per
day), and no additional institutional users will be hooked up.
The following table can be used as a guideline for determining approximate
utilization as commercial establishments propose to develop in Bath.

'28
DEMAND IN TERMS OF DAILY FLOW
Type of Establishments
Residences . . . . . . . . . . . . .
Airports, also RR Stations, bus terminals (not
including flood service facilities). . .
Barber Shops . . . . . . . . . .
Beauty Shops . . . . . ... . . . . . . .
Bowling Alleys . . . . . . . . . .
Camps ;
Construction or work camps. . . . .
Summercamps . . . . . . . . . . . . . . . .
Camp grounds. . . . .
Churches .
Country Clubs - Resident members . . . . .
Non-resident members .'.
Day Care Facilities. . .
Factories (exclusive of industrial wastes) per shift . . . . ... . . . . . . . . . .
Hospitals . . . . . . . . . . . . . . . . . . .
Laundries (self-service) . . . . . . .
Motels/Hotels. ... . . . . . . . .
With cooking facilities in room . . . . . .
Resort . . . . . . . . . . . . .
Offices - per shift. . . . . . . . . . .
Nursing/Rest Homes with laundry. . . . .
without laundry . . . .
Residential Care Facilities . . . . . . .
Restaurants. . . . . . . . . . . . . . .
Schools: Day Schools. . . . . . . .
Daily Flow for Design
100 gpd/person
5 gal/passenger
100 gal/chair
125 gal/booth or bowl
50 gal/lane
50 gal/person
50 gal/person
150 gal/campsite
5 gal/member
75 gal/person
20 gal/person
15 gal/person
25 gal/person
300 gal/bed-
500 gal/machine
75 gal/room
125 gal/room
200 gal/room
25 gal/person
150 gal/bed
75 gal/bed
75 gal/person
40 gal/seat
15 gal/person
treatment is proposed
Boarding Schools. . . . . . . .
. . . . 75
gal/person
Day Workers . . . . . . . . . .
. . . . 25
gal/person
.Service
Stations . . . . . . . . . . . . .
. . . 250
gal/water closet
Stores -
Note: if food service is included
-add 40 gal/seat . . . . . . . . .
250
gal/water closet
or urinal
Swimming
Pools and Bathhouses. . . . . . . .
. . . 10
gal/person
Theaters
- Auditoriums . . . . . . . .
. . . 3
gal/seat
Drive -In. . . . . . . . . . .
. . . 5
gal/car space
Travel Trailer
Parks . . . . . . . . . . .
. . . 150
gal/space
Source:
Statutory Authority G.S. 143-215.1;
130-160; Eff.
Feb. 1, 1986.

29
3. School System
In 1986, Bath High School was closed due to consolidation of the Beaufort
County School System. At this time the high school building is unused.
Students in grades 9-12 now attend Northside High School in Yeatesville. Bath
Elementary School continues to educate grades K-8, and enrollment during the
1990-91 school year was 458 students. Since 1987, new classrooms were built,
in what was the vocational building of the high school, and new administrative
offices and a lunchroom for.the elementary school were added. Beaufort County
Board of Education has plans to build new classrooms in the school complex to
replace trailers .that are currently being used for special education classes.
The school age population is not expected to exceed current capacity of Bath
Elementary School.
4. Roads
The transportation infrastructure is comprised of roads which are both
paved and unpaved (see Map A - Existing Land Use). Along the eastern portion
of NC 92, S.R. 1767 and,a private road, there are two unpaved roads, located
immediately east of the Back Creek Bridge on NC 92. A majority of the units
along the roads are second homes. Although they are not rapidly developing
areas, they may ultimately provide access for many non-resident land owners.
This will be particularly true as the population of eastern North'Carolina
continues to increase and recreational opportunities become more available.
The private road currently provides access to Teaches Point and its
maintenance is the responsibility of the subdivision's homeowners
association.
Two of the unpaved roads are continuing to experience developmental
activity. The first road is located on the west side of Bath Creek and south
of NC 92. The road is not under the jurisdiction of the State Department of

W
Transportation for maintenance. The second unpaved road is S.R. 1340. The
portion of this road which is adjacent to Bath Creek has experienced a fairly
high level of development, much of it second home units.
The importance of the unpaved roads within the planning area is twofold:
their potential for development and their maintenance problems. In addition,
the rights -of -way fronting on or having direct access to one of the creeks
will no doubt experience pressure for development. This increased
development, in turn, places greater demands upon governmental services,
particularly if development significantly increases the area's population.
The maintenance question is equally important, particularly due to the
financial implications. As these roads become developed for residential and
commercial purposes, demands will be made for better maintenance and finally,
for paving. A question arises concerning who ought to bear the cost of the
road paving. Should the Town or County bear that cost or should the users of
the road bear the expense? This question becomes particularly acute regarding
roads which do not have the minimum required dedicated right-of-way. At the
present time this situation exists on several of the unpaved roads,
particularly those which are not on the state system.
The Town will not beresponsible for maintenance of private roads and/or
roads outside of the Town limits.
5. Other Municipal Services
The Town of Bath is served by a volunteer fire department. The
boundaries of the fire department's jurisdiction have recently been expanded
and the ability of the fire department to adequately serve present and future
populations of Bath should not pose any problems. Law enforcement and
protection is provided by the -Beaufort County Sheriff's Department.

31
Solid waste generated by residents of :the Bath Planning Area is ,collected
by the County. The Beaufort County landfill is located on County -owned
property on S.R. 1334 to the west of Bath. According to the 1987 Beaufort
County Land Use Plan, development plans call for expansion of the County
landfill assuming necessary state permits can be secured. County officials
are also investigating various solid waste alternatives, including a regional
program for Beaufort and four other counties. One or more facilities would be
constructed to handle the regional waste load.

32
Section III. Policy Discussion
"Policy" can be defined as an expressed set of adopted statements which
are to be used to guide future development decisions. Taken together, the
following narrative constitutes a broad development direction for guiding the
Town of Bath's growth.
These policies serve to update those provided by the 1986 Land Use Plan.
An analysis of the Town's achievements with respect to the policies set forth
in the 1986 Land Use Plan is contained in Section VIII of this Plan.
The policy objectives and implementation strategies presented in this
document derive from a careful analysis of policies contained in previous
plans and studies, published data, household surveys, public meetings, and
direction provided by the Bath Planning Board.
The following policy discussion is presented in the five major categories
of policy development outlined by the Division of Coastal Management of the
N.C. Department of Environment, Health and Natural Resources,'plus an
additionalcategory especially pertinent to Bath - Water. Quality Impacts, and
Long -Term Accumulative Impacts of Development. The categories of this Section
are:
A. Resource Protection
B. Resource Production and Management
C. Economic and Community Development
D. Continuing Public Participation
E. Storm Hazard Mitigation
F. Water Quality Impacts and Long -Term Accumulative Impacts of
Development
Each major category is prefaced with a discussion of general issues
concerning that topic. Each category is then broken down into several sub-
topics. The discussion of the subtopics includes a definition of the issue;

33
the choice of policy; proposed implementation methods; and a statement
concerning the consistency between the chosen policy and other regulations and
policies where relevant. This format of the policy section of the 1991 Plan
follows as closely as possible the outline dictated for policy discussion in
the CAMA Guidelines. In Appendix J is a summary of the policy statements.
A. Resource Protection
The protection of Bath's natural and cultural resources is a primary
concern of a vast majority of Bath residents. This finding was the outcome of
the 1986 Bath Household Survey and appeared again as a result of the 1990 Bath
Household Survey conducted as a part of this land use planning update process.
(For "a description of the 1990 Bath Household Survey and its results see
Appendices B, C, D, and E.)
When asked to gauge the importance of various issues facing the Town of
Bath, citizens of Bath and its planning jurisdiction rated the following
issues as the most serious facing them today:
Quality.of drinking water/protection of potable water supply
Pollution of creeks/rivers/wetlands from industry
Pollution of creeks/rivers/wetlands from farmland water runoff
Phosphate mining operations along and within Pamlico River
Protection of cultural/historical areas.
In a similar vein, when asked what potential development types they would
most desire, the citizens of Bath indicated they preferred the protection of
natural resources and the development of historic and cultural attractions
above all other potential development types. These responses appeared in the
1986 and 1990 surveys, indicating that the issue of resource protection
continues to be of uppermost concern to the Townspeople.

34
The results of the survey are not surprising. Bath is comprised of
people who have been brought up on.the water, many of whom are dependent upon
the water for their vocation. In addition, residents of Bath have been
brought up with a sense of history and tradition, and they are proud of their
place.in the history of North Carolina and wish to protect that tradition and
history.
1. Areas of Environmental Concern
Two AEC's exist in.the Bath planning jurisdiction -- Coastal Wetlands and
Public: Trust Waters.
Coastal wetlands in Bath consist of salt marshes which "are subject to
regular or occasional flooding by tides, including wind tides. Like
other wetlands, they support the unique productivity of the estuarine system.
Currently protection of the marshes has been achieved through thoughtful
monitoring of bulkheading and enforcement of permit authority by the CAMA
permit officers. At the very least, this level of concern should be
maintained in the future. The Town of Bath encourages even stricter
enforcement of CAMA regulations by the CAMA permit officer.
"Section 404" wetlands are also of vital importance to the natural
ecosystem in and around Bath. While the U.S Army Corps of Engineers and the
EPA have regulatory jurisdiction over these types of wetlands, further
protection at the local level may be warranted. At the very least, the Town
Council and Planning Board should seriously consider the ecological importance
of 404 wetlands when development is proposed in any area in or near a wetland.
The second type of AEC found in Bath is public trust waters. These
include all navigable water - Bath and Back Creeks. Recently the Town has
included these waters into the corporate limits of Bath, allowing for stricter
regulation of the activities that take place there. Since public trust waters

35
belong to all the people of the State, and since the Town of Bath is an entity
of the State, the Town will seek to prohibit all activities which are
inconsistent with public trust purposes. Public trust uses include boating,
fishing, and other recreational activities. Alienation of the submerged lands
under public trust waters to private transferees will also be'discouraged by
Bath so that the area remains available to the public at large to use and
enjoy.
Development in AECs may be appropriate only in AECs which are non-
productive regarding the support of the estuarine system; development in or in
close proximity.to public trust waters will only be appropriate if it is of
the type and is located where it will not impede.:use of the natural resource
for protected purposes. It is the responsibility of the Planning Board to
decide what development may be appropriate on a case.by case basis. The Town
of Bath has chosen a set of policy objectives and strategies for
implementation which stimulate desirable uses of AECs, rather than oppose -
development altogether. Those policy objectives and strategies for
implementation are found later in this section.
2. Areas With Cultural, Historic and Scenic Value
As shown on Map C, Historic Areas, much of the Town of Bath is a Historic
District. The citizens of Bath, as evidenced by the 1991 Household Survey
results and comments made at the land use planning meetings, place a high
value upon these resources.
There are also six archaeological sites, as recorded by the N.C. Division
of Archives and History in the Bath planning jurisdiction. (See Map C.)
According to the Deputy State Historic Preservation Officer, there are
probably more archaeological sites within the Bath planning area than the six
which have been recorded to date. The Town.has attempted to develop better

36
coordination with the N.C. Division of Archives and History regarding its
development activities. Consultation with the N.C. Division of Archives and
History will take place before any development in these areas occurs.
The Town of Bath enthusiastically protects its Historic District, and
values the archaeological resources associated with standing historic
structures. The Bath Planning Board serves as the Bath Historic District.
Commission. While all proposed building within this area undergoes close
scrutiny, more stringent regulation of Historic District development may be
warranted.
The natural beauty of Bath is one of the Town's most important amenities.
Many visitors,and residents alike are attracted to the area because of the
picturesque views of the Village, and of the water which embraces the Town.
Of special beauty is the western entranceway to the Town across,Highway 92
Bridge. As such, the scenic areas of Bath are like a natural resource, and
should be protected and preserved like other resources in the community.
3. Areas with Physical Constraints to Development
Several constraints to development exist in the Bath planning
jurisdiction. These include:
Potentially inadequate wastewater system
Poor condition of water system
- Areas of potential septic difficulty
For many years the Town had a problem with inadequate wastewater
treatment facilities. Since the 1986 Land,Use Plan, a wastewater system for
the Town of Bath has been constructed (for information on the capacity of the
wastewater system, see Section II D2 (page 27).
The service area for the wastewater system is shown in Map B, Community
Facilities. The'Town of Bath must continue, however, to be wary of this

37
constraint. Projected use of the system calls for 100% capacity being used by
1995.Furthermore, development of the wastewater system has increased
building permit activity. The Town must make sure that building development
does not exceed capacity of the wastewater system and begin to consider
further systems when current capacity is met. At the very least, any future
large-scale development projects should be required to install package
treatment plants to treat the waste generated by that development adequately
and safely.
The water system of the. Town of Bath has also been cited as a constraint
to development. Need for repair and a history of lack of maintenance were
cited as problems with the water system in the 1981 and again in, the 1986 Land
Use Plan. With much of the Town's attention since'1981 devoted to development
of the wastewater system, these problems still exist.
Certain parts of the planning jurisdiction present constraints to
development from high water tables and poor drainage. The Town intendsto
direct development with proper consideration of soils. Development where
soils have a high water table or poor drainage will be limited.
4. Man-made Hazards and Other Hazard Areas
The Town of Bath contains several dilapidated structures, an unauthorized
dumping site, and leached septic tanks. There is also an old laundry site in
Bath.
The Town has an ongoing voluntary program of demolition and hazard
removal under the supervision of the Bath Planning Board. Before demolition,
it is recommended, however, that every effort to preserve or restore the
-
structure be made. The removal of pilings in Bath and Back Creeks is also an
activity being undertaken.

38
The Town has also passed a resolution opposing the expansion of military
airspace in Beaufort County. ,The siting of a nuclear power facility is also
in contravention, to stated Town policy.
In'addition to man-made hazards, excessive erosion areas exist in the
Bath planning jurisdiction. A 1975 Shoreline Erosion Inventory by the U.S.
Department of Agriculture offers the following evidence of the erodibility of
Bath Creek:
Average width of loss to erosion 25.2 ft.
Average height of bank 3.7 ft.
Length of shoreline eroding 10.1 miles
Length of shoreline accreting 0
Total length of shoreline 12.2 miles
In order to take appropriate measures for erosion areas in the planning
areas, the Town must work with EHNR to conduct a feasibility study or an
assessment of available erosion prevention measures to be incorporated in the
Town's zoning ordinance.
5. Policy Statements and Discussion of Resource Protection Issues
a. Constraints to'Develovment
(1) Soil Suitability
Definition of issue:
See Narrative discussion in Section III A.3. (page 36)
"Areas With Physical Constraints to Development" above.
- Choice of Policies:
(a) Development in areas identified with steep slopes (12%
or greater) should be restricted to large -lot single
family units.

39
(b) Development in areas identified with a relatively high
water table or other limitations upon housing
foundations or road construction should be restricted
to large -lot single family units.
Proposed Implementation Method:
Incorporate development restrictions for areas with soil
suitability limitations into Bath Zoning Ordinance. Review
each proposed development project on a case by case basis to
determine if soil conditions are suitable for the type and
size of the project proposed.
Consistency Between Policies and Other Regulations and
Policies:
(a) Policies restricting development in areas with
unsuitable soil conditions are related to policies
dealing with septic tank use, erosion, and flood
hazards.
(b) Policies restricting development to large -lot single
family units are consistent with the general type of
growth patterns citizens wish to promote in Bath.
(2) Septic Tank Use
Definition of Issue:
See narrative discussion in Section III (A)(3) (page 36)
"Areas with Physical.,Constraints to Development."
Choice of Policies:
(a) Use of septic tanks for existing and future
development projects in identified areas of potential
septic difficulty shall be discouraged.

40
(b) Where hookup to the Bath wastewater system is
available, small-scale development projects shall be
required to hook up
(c) Small-scale development in areas identified as areas
of potential septic difficulty where hookup to the
Bath wastewater treatment system is not available
shall be large -lot single family units.
(d) Large-scale developments shall be required to install
and provide fortheoperation and maintenance of on -
site package treatment.plants for treatment of waste
generated by,the development.
Proposed Implementation Methods:
(a) Incorporate development criteria into the Bath Zoning
Ordinance for allowance of septic tanks.
(b) Encourage large-scale developers to install and
provide for operation and maintenance of package
treatment plants.
(c) Incorporate requirements into the Bath Zoning
Ordinance for hookups of new small-scale development
to the Bath wastewater treatment system.
(d) Designate expansion of the wastewater system as a
priority community facility capital expenditure when
capacity of the existing system is met.
Consistency Between Policy and Other Regulations and
Policies
(a) Policies restricting the use of septic tanks in areas
of potential septic difficulty shall be incorporated
into and enforced by the Bath Zoning Ordinance.

41
(b) Policies restricting the use of septic tanks in areas
of potential septic difficulty are related to policies
dealing with development in areas with unsuitable soil
conditions, erosion, and flood hazards.
(c) Policies restricting development to large -lot single
family units are consistent with the general type of
growth patterns citizens wish to promote in Bath.
b. Areas of Environmental Concern
(1) Coastal Wetlands
- Definition of issue:
See narrative discussion in Section III A.1.(page 34) "Areas
of Environmental Concern."
Choice of policies
(a) Bath recognizes the biological and ecological
importance of coastal wetlands and maintains a
position of protection and preservation of this
invaluable natural resource.
(b) Development in Bath shall not cause significant damage
to natural resources, including coastal wetlands
(c) All development projects shall limit the construction
of impervious surfaces and other areas prohibiting
natural drainage to'only the area necessary to
adequately serve the use of the lot.
(d) All development shall provide for adequate stormwater
collection and drainage to avoid stormwater runoff`
from entering any coastal wetlands, surface water, or
other fragile area.

42
(e) All development projects shall meet or exceed the
standards of the N.C. Sedimentation Pollution Control
Act of 1973.
(f) All development proposals must be within the strictest
CAMA standards set forth in 15 N.C.A.C. 7B and
outlined in "A Handbook for Development in North
Carolina's Coastal Area" published by the Division of
Coastal Management of the EHNR.
(g) The following uses shall not be permitted in or near
any coastal wetland or other natural resource: open
dumping of waste, including wastewater, dumping of
trash, further development of commercial wet -docking
storage facilities, and multi -level dry docking
storage facilities.
(h) The Town of.Bath encourages and supports stricter
enforcement of CAMA regulations by CAMA permit
officers, including regulation of bulkheading.
(i) The Town of Bath encourages and supports stricter
enforcement of all water quality regulations by the
Division of Environmental Management.
(j) Bath encourages the reduction of agricultural nonpoint
.source pollution.(sediment, nutrients, animal wastes
and pesticides) via such means as conservation
tillage, filter strips,.sediment control structures,
etc.
(k) Bath will seek to encourage and support education and
training workshops for all citizens of Bath in

43
coordination with EHNR and other groups whose primary
interest is protecting and preserving coastal wetlands
and other AEC's.
(1) Bath encourages shoreline development setbacks and/or
vegetated buffers along the perimeter of fragile
wetlands and water bodies.
(m) Bath discourages any further development of commercial
marinas.
(n) Only "water -dependent" uses shall be allowed in
coastal wetlands, public trust waters, and other areas
of environmental concern located in the Bath planning
district.
(o) Bath prohibits improper infilling and dredging of
wetlands and public trust waters.
Proposed Implementation Methods:
(a) Monitor and strictly scrutinize all proposals for
development including bulkheading in or near wetlands,
public trust waters and other natural resource areas
to ensure strict compliance with these policies
through development requirements in the Bath Zoning
Ordinance.
(b) Work and cooperate with CAMA permit officers in
enforcing CAMA regulations and in discovering and
reporting incidents of permit violation.
(c) Work and cooperate with the Division of Environmental
Management in enforcing state water quality

44
regulations and in discovering and reporting incidents
of regulatory violations.
(d) Seek funding to provide technical assistance in
investigating the potential reduction of agricultural
nonpoint source pollution.
(e) Seek funding to provide technical assistance in
developing a stormwater drainage system plan.
(f) Incorporate requirements into the Bath Zoning
Ordinance that all uses in coastal wetlands, estuarine
waters, public trust waters, and other areas of
environmental concern be: restricted to "water -
dependent" uses.
(g) Where practicable, designate all coastal wetlands as
"conservation" on the 1991 Bath Land Classification
Map.
Consistency Between Policies and Other Regulations and
Policies:
(a) The policies aimed at protecting coastal wetlands are
consistent with policies dealing with public trust
waters, water quality, areas of cultural and historic
value, as well as the general attitude toward growth
and development voiced by the citizens of Bath.
.(b) The Bath Zoning Ordinance outlines specific
requirements for water supply and sewage disposal
consistent with these policies.
(c) The Bath Zoning Ordinance outlines the regulations
governing marinas consistent with these policies.

45
(d)
All Bath policies dealing with protection ofcoastal
wetlands and other areas of environmental concern are
designed to be consistent with and encourage strict
enforcement of CAMA regulations and water -quality
regulations of the Division of Environmental
Management and the N.C. Sedimentation Pollution
Control Act.
(e)
These policies are consistent with proposed
amendments to the Bath Zoning Ordinance encouraging
shoreline development setbacks and/or vegetated
buffers along the perimeter of fragile wetlands and
water bodies.
(f)
The Bath Zoning Ordinance requires that the Zoning
Administrator and the local AEC Permit Officer must
certify that a proposed use or structure located in an
AEC complies with or exceeds development standards of
the "State Guidelines for AEC's" prior to issuing any
zoning permit.
(g)
Policies aimed at reducing agricultural nonpoint
source pollution may pose potential conflict with
policies aimed at encouraging agricultural production
-- the two should be carefully balanced when resource
protection and resource production policies are
implemented.

46
(2) Public Trust Waters
Definition of Issue:
See narrative discussion in Section III A.3. (page 36)
"Areas with Physical Constraints to Development" above.
Choice of Policies:
(a) The Town of Bath recognizes the environmental,
aesthetic, and social importance of public trust
waters and maintains a position of protection and
preservation of and open public access to this
invaluable natural resource.
.(b) The Town of Bath recognizes the right of all the
people of North Carolina to use and enjoy the waters
held in trust for their benefit by the State; the Town
also recognizes and accepts its role as, protector and
regulator of the quality and safety of the public
trust waters within its jurisdiction.
(c) Bath discourages the.alienation of any public trust
waters to any private transferee, or to any public
transferee for purposes that are not consistent with
the Public. Trust Doctrine as it is recognized in North
Carolina.
(d) Development shall not interfere with existing public
rights of access to, or use of, navigable waters or
other public resources.
(e) All development projects shall limit the construction
of impervious surfaces and other areas prohibiting

47
natural drainage to only the area necessary to
adequately serve the use of the lot.
(f) All development shall provide for adequate stormwater
collection and drainage to avoid stormwater runoff
from entering any coastal wetlands, surface water, or
other fragile area.
(g) All development projects shall meet or exceed the
standards of the N.C. Sedimentation Pollution Control
Act of 1973.
(h) All development proposals must be within the strictest
CAMA standards set forth in 15 N.C.A.C. 7B and
outlined in "A Handbook for Development in North
Carolina's Coastal Area" published by the Division of
Coastal Management of the EHNR.
(i) The following uses shall not be permitted in or near
any coastal wetland or other natural resource: open
dumping of waste, including wastewater, dumping of
trash, further development of commercial wet -docking
storage facilities, and multi -level dry docking
storage facilities.
(j) The Town of Bath encourages and supports stricter
enforcement of CAMA regulations by.CAMA permit
officers, including regulation of bulkheading.
(k) The Town of Bath encourages and supports stricter
enforcement of all water quality regulations by the
Division of Environmental Management.

48
(1) Bath encourages .the reduction of agricultural nonpoint
source pollution (sediment, nutrients, animal wastes
and pesticides) via such means as conservation
tillage, filter strips, sediment control structures,
etc.
(m) Bath encourages and supports education and training
workshops for all citizens of Bath in coordination
with EHNR and other groups whose primary interest is
protecting and preserving coastal wetlands and other•
AEC's.
(n) Bath encourages shoreline development setbacks and/or
vegetated buffers along the perimeter of fragile
wetlands and water bodies
(o) Only "water -dependent" uses shall be allowed in
coastal wetlands, public trust waters, and other areas
of environmental concern located in the Bath planning
district.
(p) Bath discourages improper infilling and dredging of
wetlands and public trust waters.
(q) Bath encourages removal of all existing pilings in
public trust waters.
(r) Bath encourages the opening up of waters previously
closed to fishing due to low-grade classification.
(s) Bath encourages use of public trust waters in an
environmentally sound manner and with regard to human
health and safety; factors to be considered include
the number of users and the compatibility of types of

49
uses of navigable waters, water quality, and
pollution, including noise pollution in public trust
waters.
(t) Bath.discourages expansion of phosphate mining
operations in public trust water.
Proposed Implementation Methods:
(a) Where applicable, methods for implementing policies
dealing with coastal wetlands will be employed to
implement policies dealing with public trust waters.
(b) Develop program for removing existing pilings in
public trust waters. Seek assistance from N.C. DOT in
pulling up pilings.
(c) Encourage: enforcement of speed limits on public trust
waters by U.S. Coast Guard.
(d) Designate all public trust waters as "conservation" on
the 1991 Bath Land Classification Map. Note that
Bath's Conservation class does not prohibit all forms
of development, but rather, encourages uses compatible
with the fragile nature of Conservation areas.
Consistency Between Policies and Other Regulations and
Policies
(a) See discussion of consistency under Section III
A.5.b.(1) (page,41) "Coastal Wetlands."
(b) Conflict between policies aimed at providing adequate
public access to navigable waters and the need for
protecting water quality and ensuring user safety may
arise.

50
c. Other Hazardous and Fragile Land Areas
(1) 404 Wetlands
. Definition of Issue
See narrative discussion in Section III A.I. (page 34) "Areas of
Environmental Concern."
Choice of Policies
(a) The Town of Bath recognizes the environmental and biological
importance of Section 404 wetlands and maintains a position
of protection and preservation of this invaluable natural
resource
(b) Development in Bath shall not cause significant damage to
natural resources including 404 wetlands.
(c) The Town of Bath encourages and supports stricter
enforcement of Section 404 regulations by EPA and Army Corps
Permit Officers.
(d) All development projects shall limit the construction of
impervious surfaces and other areas prohibiting natural
drainage to only the area necessary to adequately serve the
use of the lot.
(e), All development shall provide for adequate stormwater
collection and drainage to avoid stormwater runoff from
entering any coastal wetlands, surface water, or other
fragile area.
(f) All development projects shall meet or exceed the standards
of the N.C. Sedimentation Pollution Control Act of 1973.
(g) All development proposals must be within the strictest CAMA
standards set forth in 15 N.C.A.C. 7B and outlined in "A

51
Handbook for Development in North Carolina's Coastal Area"
published by the Division of Coastal Management of the NRCD.
(h) The following uses shall not be permitted in or near any
coastal wetland or other natural resource: open dumping of
waste, including wastewater, dumping of trash, further
development of commercial wet -docking storage facilities,
and multi -level dry docking storage facilities.
(i) The Town of Bath encourages and supports stricter
enforcement of CAMA regulations by CAMA permit officers,
including regulation of bulkheading.
Q) The Town of Bath encourages and supports stricter
enforcement of all water quality regulations by the Division
of Environmental Management.
(k) Bath encourages the reduction of agricultural nonpoint
source pollution (sediment, nutrients, animal wastes and
pesticides) via such means as conservation tillage, filter
strips, sediment control structures, etc.
(1) Bath encourages and supports education and training
workshops for all citizens of Bath in coordination with NRCD
and other groups whose primary interest is protecting and
preserving coastal wetlands and other AEC's.
(m) Bath encourages shoreline development setbacks and/or
vegetated buffers along the perimeter of fragile wetlands
and.water bodies.
(n) Only "water -dependent" uses shall be allowed in coastal
wetlands, estuarine waters, public trust waters, and other

52
areas of environmental concern located in the Bath planning
district.
(o) Bath discourages improper infilling and dredging of wetlands
And public trust waters.
- Proposed Implementation Methods
(a) Where applicable, methods for implementing policies dealing
with Areas of. Environmental Concern will be employed to
implement policies dealing with Section 404 Wetlands.
(b) Work and cooperate with EPA and Army Corps Permit Officers
in enforcing Section 404 regulations and in discovering and
reporting incidents of permit violations.
(c), Where practicable, designate all Section 404 wetlands as
"conservation" on the 1991 Bath Land Classification Map.
Consistency Between Policy and Other Regulations and Policies
See discussion of consistency under Section III A:S.b. (page 41)
"Areas of. Environmental Concern."
(2) Water Supply Areas
Definition`of Issue:
See narrative discussion in Section II C.l.c. (page 23).
"Constraints: Water Supply Areas."
Choice of Policies
(a) The Town of Bath recognizes the importance of
protecting the ground water in the Bath Planning Area
since the main source of water for the public water
system and for individual private wells is the Castle
Hayne Aquifer.

53
(b) No development shall be allowed which would result in
degradation of the ground water or cause.a significant
lowering of ground water levels in the Bath Planning Area.
(c) The Town encourages all owners of individual wells to
identify the land area surrounding the wellheads and to
remove existing and prevent future incompatible land uses
which could contaminate the well.
(d) The Town discourages phosphate mining activities which could
lower the ground water levels in the Bath Planning Area.
Proposed Implementation Methods:
(a) Incorporate a "Wellhead Protection Ordinance" into the Bath
Zoning Ordinance to prevent future land uses and provide for
removal of existing land uses which pose:a threat to the
safety of the community's ground water supply.
(b) Sponsor educational seminars and workshops to make the
public aware of the importance of protecting the ground
water supply from incompatible land uses.
Consistency Between Policies and Other -Regulations and Policies
(a) The policies.restricting development in areas susceptible to
ground water contamination are .consistent with policies
dealing with protection of the potable public water supply.
(b) These policies are consistent with current efforts by the
N.C. EHNR Groundwater Division to institute a statewide
wellhead protection program.

54
(3) Cultural. Historic, and Scenic Resources
Definition of Issue:
See narrative discussion in Section III A.2. (page 35)
"Areas with Cultural, Historic and Scenic Value."
- Choice of Policies:
(a) Bath recognizes the historical, cultural, aesthetic,
and social importance of its status as the oldest town
An North Carolina and maintains a position of
protection and preservation of its valuable cultural,
historic,' and scenic resources.
(b) Development in Bath shall not cause major or
irreversible damage to valuable, documented historic
architectural or archaeological resources.
(c) Whenever possible, development in and around Bath
shall not take place if un-recorded archaeological
sites of historic significance are discovered.
(d) Bath encourages compatible and discourages
incompatible development within the Bath Historic
District. Development within the Historic District
shall have architectural features in harmony with
other buildings in the Historic District.
(e) Bath will protect and preserve the scenic beauty of
the Town, including natural and man-made areas. The
entranceway to Bath from the west across Highway 92
Bridge is especially important as an attractive
greeting to Town, and should be maintained as such.

55
(f) Development shall be of a proportion suitable to the
Town; in no event shall development be allowed to
block or transform the scenic vistas in the Town.
Proposed Implementation Methods:
(a) Develop better coordination with the N.C. Division of
Archives and History regarding development activities
in the Bath Planning Area.
(b) Consult with the N.C. Division of Archives and History
before any development occurs in or near the recorded
archaeological sites'in the Bath Planning Area.
(c) Enforce development criteria in the Bath Historic
District through the Historic District Ordinance.
(d) Incorporate.stricter guidelines into the Bath Historic
District Ordinance and enforce the guidelines to
ensure no incompatible development occurs in the
Historic District.
(e) Incorporate development guidelines into the Bath
Zoning Ordinance to protect scenic views.
Consistency Between Regulations and Other Regulations and
Policies:
(a)- Policies regulating development in the Bath Historic
District are consistent with the general type of
growth pattern citizens wish to promote in Bath and
the desire to maintain and enhance the scenic and
traditional aura of the Town.
(b) Policies regulating development in the Bath Historic
District are incorporated into and enforced by the
Bath Historic District Ordinance.

56
(4) Manmade Hazards
Definition of Issue:
See Narrative discussion in Sections II C.l.a. (page 21)
"Constraints: Hazard Areas," and III A.4. (page 37) "Man
Made Hazards and Other Hazard Areas."
Choice of Policies
(a) Bath opposes the expansion of military airspace in
Beaufort County.
(b) The following uses are not allowed in the Town or
Planning Area: Open dumping of waste, including
wastewater; dumping of trash; improperly operating
motor -driven boats which contribute gas and pollution;
further development of commercial wet -docking storage
facilities; and multi -level dry-docking storage
facilities; and further placing of permanent mooring
buoys in public trust waters.
(c) Bath prohibits the discharge of any waste material
from any boats into Bath or Back Creeks.
(d) Bath encourages removal of existing pilings in public
trust waters.
(e) Bath encourages the voluntary filling of unused septic
tanks.
(f) Bath will protect waterways from improper filling
and/or dredging.
(g) Bath discourages phosphate mining operations in public
trust waters.
(h) Bath opposes all proposals for potential location of a
nuclear energyfacility in the area.

57
(i) Bath encourages the voluntary removal of all
dilapidated structures. Before demolition, however,
every effort to preserve or restore the structure
should be made.
Proposed Implementation Methods:
(a) The Bath Planning Board shall supervise voluntary
demolition and hazard removal projects and filling of
unused septic tanks.
(b) Seek assistance from N.C. DOT in pulling up pilings in
public trust waters.
(c) Incorporate restrictions on activities in public trust
waters to those that further public trust doctrine
purposes into Bath Zoning Ordinance.
Consistency Between Policies and Other Regulations and
Policies:
(a) The policies dealing with removal of man-made hazards
are consistentwith policies dealing with protection
of areas of environmental concern, water supply areas,
cultural and historic resources, etc.
(b) Permanent moorings are dealt with in the Bath Zoning
Ordinance.
d. Hurricane and Flood Evacuation Needs and Plans
See Section IV, "Storm Hazard Mitigation, Post -Disaster Recovery,
and Evacuation Plans."

58
e. Protection of Potable Water Supply
- Definition of Issue:
See narrative discussion in Section II C.l.c. (page 23)
"Constraints: Water Supply Areas."
- Choice of Policies:
(a) See Section III A.5.c.(2) (page 52). "Water Supply Areas."
(b) See Section.III A.5.a.(2) (page 39) "Septic Tank Use."
(c) Bath encourages continued monitoring of the incidence of
coliform pollution in the Town's water system.
(d) Bath encourages the use of package treatment systems for
large-scale development projects.
Proposed Implementation Methods:
(a) See policy implementation discussion on "Water Supply Areas"
in Section III A.5.c.(2) (page 52).
(b) See policy implementation on "Septic Tank Use" in Section
III A.5.a.(2) (page 39).
(c) Engage authorities of the County Health Department and the
Regional Office of Environmental Health to monitor the
incidence of coliform pollution in the Town's water system
since development of the wastewater system.
Consistency Between Policies and Other Regulations and Policies
(a) See policy consistency discussion on "Water Supply Areas" in
Section III A.5.c.(2) (page 52).
(b) See policy consistency discussion on "Septic Tank Use" in
Section III A.5.a.(2) (page 39).

59
f. Package Treatment Plants
See policy discussion on "Septic Tank Use" in Section III
A.5.a.(2) (page 39).
g. Stormwater Runoff Impact on Coastal Wetlands Surface Waters and
Other Fragile Areas
Definition of Issue:
One of the results of increased development is that a greater
percentage of land area is covered by impervious surfaces. Paved
sidewalks and parking lots are examples of impervious surfaces
that often accompany development. These surfaces impede the
natural flow of rain water into the ground and cause the water to
"run off" the surface. The water collects the debris and waste
present on the surface and carries these substances to a point of
collection. Nearby coastal wetlands, surface waters and other
fragile areas may thus be contaminated by trash, oil, chemicals
and other foreign substances transported by stormwater runoff.
Such contamination can cause varying degrees of degradation of
the natural resource subjected to the runoff. The issue, then,
involves alleviating the negative impacts of stormwater runoff on
resources susceptible to contamination by limiting excessive
coverage of the ground by impervious surfaces.
Choice of Policies:
(a) All development shall.provide for adequate stormwater
collection and drainage to avoid stormwater runoff from
entering any coastal wetland, surface water, or Iother
fragile area.
(b) Bath encourages shoreline development setbacks and/or
vegetated buffers along the perimeter of fragile wetlands

60
and water bodies to mitigate the impacts of stormwater
runoff.
(c) All development projects shall limit the construction of
impervious surfaces and other areas prohibiting natural
drainage to only the area necessary to adequately serve the
use of the lot.
Proposed Implementation Methods:
(a) Seek funding to provide technical assistance in developing a
stormwater drainage system plan.
(b) Enforce requirements in the Bath Zoning Ordinance that
development projects shall limit the construction of.
impervious surfaces and other 'areas prohibiting natural
drainage to only the area necessary -to serve the lot;
establish standards limiting the percentage of total lot
size that will be allowed to be covered by impervious
surfaces. '
(c) Incorporate requirements for shoreline development setbacks
and/or vegetated buffers along the perimeter of fragile
wetlands and water bodies into the Bath Zoning Ordinance.
Consistency Between Policies and Other Regulations and Policies:
Policies aimed at mitigating the impacts of stormwater runoff are
consistent with policies dealing with areas of environmental
concern, water quality, etc.
h. Marina and Floating Home Development and Dry Stack Storage
Definition of Issue:
The development of marinas in the waters of Bath has the
potential to create a multitude of problems for the Town, its

61
residents, and visitors. While the Town of Bath recognizes the
need and desire for people to gain recreational access to the
water, especially forboating, too many people and boats in too
small an area can be dangerous and cause poor water quality
conditions. The development of a commercial marina of any size
in Bath could lead to such an undesirable situation. A
commercial marina may have very little, if any, incentive to
limit the number and/or size of the boats allowed to use its
facilities to enter the water or to moor at its docks either
temporarily, seasonally, or permanently. Water quality in Bath
and Back Creeks could be in jeopardy from overuse of the
resource. Oil and gas from motorboats, as well as waste and
bilge from sailing vessels, would be hard to control completely.
Large numbers of boats using the relatively narrow waterways of
Bath and Back Creeks could be dangerous to swimmers, skiers,
fishermen, and to each other. Furthermore, facilities on the
landward side of the marina, such as sewage and water systems,
may be difficult to provide and maintain without further
endangering the quality of the water.
Creating additional space fora marina by excavating upland
areas would not solve all these problems. The basin excavated
would be connected to either Bath Creek or Back Creek, thus
allowing the polluted water of the marina itself to enter the
Creeks. Overcrowding may become an even greater issue in a
relatively narrow upland marina basin, with boats possibly
becoming bottle -necked at the ingress or egress to the marina
basin.

62
Allowing permanent mooring buoys for long-term mooring of
boats leads to bottom paint contamination of public trust waters
in and around Bath. Placement of these buoys can also lead to
over -crowding of boats in Bath and Back Creeks.
Similar issues arise with respect to the development of
floating homes in the waters of Bath. Sanitary conditions could
become problematic in the area from sewage disposal and water
system failure, and overcrowding -may become dangerous. Dry stack
storage of boats is another potentially dangerous type of
development that is undesirable in Bath. Furthermore,•the sheer
bulk of these facilities is incompatible with the scale of
development in Bath and they would be unsightly and out of place.
Choice of Policies:
(a) Bath prohibits further development of wet and dry storage
marinas on Bath and Back Creeks.
(b) Bath prohibits upland excavation for marina basins.•
(c) .Bath prohibits floating home development on Bath and Back
Creeks.
(d) Bath prohibits open heads and discharge from boats on Bath
and Back Creeks.
.(e) Bath prohibits dry stack storage facilities in the Bath
Planning Area.
(f) Bath prohibits permanent mooring buoys in Bath and Back
Creeks.
Proposed Implementation Methods:
(a) The Bath Zoning Ordinance disallows all future marina
development.

63
(b) Incorporate prohibitions on floating home development into
the Bath Zoning Ordinance.
(c) Encourage the Coast Guard and N.C. Wildlife officials to
routinely check moored boats in Bath and Back Creeks for
open heads and discharge.
Consistency Between Policies and Other Regulations and Policies:
(a) The Zoning Ordinance outlines the present regulations
governing marina development.
(b) Policies prohibiting future marina and floating home
development are consistent with policies to protect and
promote the commercial fishing industry, policies to protect
areas of environmental concern, policies to protect water
quality, etc.
i. Industrial Impact on Fragile Areas
See relevant policies under Sections III A.5.b.c.g (page 42);
B.2.e.f (page 70); C.2.5 (page 77).
j. Restriction of Development Within Areas up to Five Feet Above MHW
Susceptible to Sea Level Rise and Wetland Loss
See relevant policies under Section III A.S.b.(page 41) "Areas of
Environmental -Concern," and "Other Hazardous and Fragile Land
Areas."
k. Upland Excavation for Marina Basins
See policies under Section III A.S.h. (page 60) "Marina and
Floating Home Development and Dry -Stack Storage."
1. Damage to Existing Marshes by Bulkheads
See policies under Section III A.S.b. (page 41) "Areas of
Environmental Concern."

64
B. Resource Production and Management
1. Importance of Resources to the Community
The purpose of this section is to discuss areas in the Bath planning
jurisdiction that offer production opportunities and which must be effectively
managed to realize their fullest potential. One of Bath's most important
areas of resource production potential is commercial fisheries. This is
evident after examination of the 1991 Bath Household Survey results, where
protection of commercial fisheries ranked high as an important issue in Bath.
The policy objectives and strategies for implementation that follow this
narrative are designed to protect this valuable resource.
Equally important as a prime.resource in the Bath planning jurisdiction
are agricultural lands. BeaufortCounty is annually among the leaders in
North Carolina in corn, grain andsoybeanproduction, and tobacco continues to
be an important crop. The policies developed in this plan will protect all
agricultural lands contained in areas designated rural or conservation on the
Land Classification Map.
Another potentially important source of resource production is
commercial forestry. There are some relatively large tracts of forested land
surrounding Bath, particularly a large tract east of Town owned by
Weyerhaeuser. While the greatest tax revenues would be generated if the land
were developed residentially or commercially, such development occurring
outside the Bath town limits could create an undesirable "sprawl" effect.
-These lands may be put to better use as commercial forest lands, where trees
could be regenerated after they are cut, thus keeping the area in its
undeveloped "natural" state. The owners of such lands may be less inclined to
develop the area so long as income can be generated from the forestry
resource.

65
One source of resource production which Bath would like to discourage is
phosphate mining. Massive deposits of phosphate and ore lie beneath the land
surface and water bodies in the Bath Planning Area. As evidenced in the 1991
Bath Household Survey, phosphate mining and its potential negative impacts are
considered seriously important issues in the area.
Bath has had the opportunity to watch the development of Texas Gulf on
the south shore of the Pamlico River, and the Town considers the economic
benefits of production activities by the company less beneficial than the
benefits derived from protecting water quality.
Currently it is too expensive to mine phosphate so far beneath the
surface of Bath. Technology, however, is rapidly changing. Bath must, act now
to impede the growth of phosphate mining in its planning jurisdiction.
2. Policy Statements and Discussion of Resource Production and
Management Issues.
a. Productive Agricultural Lands
- Definition of Issue:
See narrative discussion in Section.III 33.1: (page 64)
"Importance of Resources to the'Community."
- Choice of Policies:
(a) The Town of Bath recognizes the potential resource value of
productive agricultural lands, and maintains a position of
protection and preservation of agricultural lands located in
areas designated as "Rural" or "Conservation" on the 1991
Land Classification Map.
(b) Lands identified as the most productive agricultural lands
not required for future Town growth are to be restricted
from non-agricultural uses

66
Proposed Implementation Methods:
(a) Identify the most productive agricultural lands in the Bath
planning area and designate them on the 1991 Land
Classification Map as "Rural" or "Conservation."
(b) Enforce restrictions on use of agricultural lands in the
Bath Zoning Ordinance.
(c) Upon identification of the most productive agricultural
lands, petition the county to use special tax incentives
which will allow these lands to remain productive.
(d) Investigate the feasibility and utility of instituting a
"purchase of development rights" (PDR) program to acquire
the development rights to agricultural land in the area.
(e) Investigate the feasibility and.utility of instituting a
"transfer of development rights" (TDR) program to allocate
development "credits" from agricultural lands to other lands
in the area more suitable for development.
(f) Investigate the feasibility and utility of having a private
non-profit land trust become involved with preservation of
agriculture lands in the area.
Consistency Between Policies and Other Regulations and Policies:
(a) Policies restricting productive agricultural lands in the
Bath planning area to agriculture are consistent with the
general attitude towards growth of keeping Bath a relatively
small, rural town.
(b) Policies which restrict use of agriculturallands within the
Bath corporate limits to agricultural purposes' may conflict
with policies designed to encourage residential and

67
commercial development within the Town before development
occurs outside the Town limits.
(c) Policies aimed at encouraging agricultural production may
conflict with policies designed to limit agricultural
nonpoint source pollution.
b. Commercial Forest Lands
- Definition of Issue:
See narrative discussion under Section III 3.B.1. (page 64)
"Importance of Resources to the Community."
- Choice of Policies:
(a) The Town of Bath recognizes the potential resource value of
commercial forest lands and encourages and promotes
commercial.forestry in appropriate areas of the Bath
Planning Area where forests are preferable to residential
and commercial development.
(b) Commercial'.foresters should engage in best management
practices (BMP) for the industry, including rapid replanting
when trees are cut, and take other precautions to prevent
erosion and run-off problems caused'by the forestry process.
Proposed Implementation Methods:
(a) Identify the most productive commercial forestry lands that
are best used for this purpose and designate them on the
1991 Land Classification Map as "Rural" or "Conservation."
(b) Incorporate restrictions on use of forest lands and methods
of forestry into the Bath Zoning Ordinance.

68
(c) Upon identification of the most productive forestry lands,
petition the county to use special tax incentives which will
allow these lands to remain productive.
Consistency Between Policies and Other Regulations and Policies:'
(a) Policies restricting use of forest lands and methods of
forestry in the Bath planning area are consistent with the
general attitude towards keeping Bath a relatively small,
rural town.
(b) Policies which preserve forest lands for commercial forestry
purposes and not development are consistent with policies
designed to combat sprawl and encourage development within
the Town limits before areas outside the Town are developed.
(c) Policies encouraging commercial forestry reforestation
practices are consistent with economic and community
development policies of encouraging environmentally clean
and safe industries in Bath.
c. Existing and Potential Mineral Production Areas
See Section III B.2.f.. (page 71) "Phosphate Mining Impacts on
Resources."
d. Commercial and Recreational Fisheries.
Definition of Issue:
The livelihood of many of the residents in and around Bath
is based, at least in part, on the commercial fishing industry.
In addition, many year-round and seasonal residents as well as
visitors to Bath are attracted to the Town for its recreational
fishing. Both commercial and recreational fishing are dependent
on clean, safe water in order to be productive. Therefore, many

69
of the policies designed to promote and encourage the fishing
industry focus on water quality in Bath and Back Creeks.
The adequacy of fishing facilities in the area is another
issue that arises. While more residents of Bath and its planning
area consider commercial fishing facilities to be an
"undesirable" rather than "desirable" type of development, the
majority of respondents to the 1991 Bath Household Survey
consider recreational fishing facilities to be "desirable"
development.
Choice of Policies:
(a) The Town of Bath recognizes the potential resource value of
commercial and recreational fisheries, and maintains a
position of protection and preservation of nursery and
habitat areas in order to maintain and promote the
commercial and recreational fishing industries.
(b) Bath will take advantage of opportunities that arise for
providing access to public trust waters for recreational
fishing, including boat access, where appropriate.
(c) Bath prohibits mooring buoys for permanent mooring of boats
in Bath and Back Creeks.
(d) For stated policies addressing the issue of water quality,
see policy sections on: Septic Tank Use; Coastal Wetlands;
Public Trust Waters; 404 Wetlands; Water Supply Areas;
Protection of Potable Water Supply; Stormwater Runoff;.
Marina and Floating Home Development.

70
Proposed Implementation Methods:
(a) Encourage the monitoring of algae growth in Bath and Back
Creeks by the Division of Environmental Management.
(b) Enforce restrictions on marinas and floating home
development through the Bath Zoning Ordinance.
(c) Encourage the Coast Guard and N.C. Wildlife officials to
routinely check moored boats in Bath and Back Creeks for
open heads and discharge.
(d) Investigate CAMA and other funding opportunities for the
provision of public accessways to public trust waters for
recreational fishing.
(e) Investigate other types of opportunities (bargain sales;
donations; leasing, etc.) to gain public accessways for
recreational fishing.
Consistency Between Policies and Other Regulations and Policies:
(a) Policies designed to protect water quality in order to
-promote commercial and recreational fisheries are consistent
with policies protecting areas of environmental concern,
protection of the water supply, stormwater runoff, marina
and floating home development, tourism, public access, etc.
(b) Policies designed to encourage provision of increased public
access for recreational fishing may potentially conflict
with policies designed to limit the number of users on
public trust waters. When implementing public access
policies, officials must keep in mind other goals and
objectives of the Town regarding water quality and safety.

71
e. Development Impacts on Resources
See policies under Sections III A.S. a. (page 38); b.(page 41);
c.(page 50); e.(page 58); f.(page 59); g.(page 59); h.(page 60)
f. Phosphate Mining Impacts on Resources
Definition of Issue:
See narrative discussion in Section II C.l.c. (page 23)
"Constraints: Water Supply Areas" and Section III B.1. (page 64)
"Importance of Resources to the Community."
Choice of Policies:
(a) The Town of Bath maintains the position that the possible
negative environmental effects of phosphate mining outweigh
any economic benefits that may be derived therefrom, and
will discourage phosphate mining operations within the
Town's planning jurisdiction and adjacent areas.
(b) Bath encourages neighboring communities to develop policies
prohibiting expansion of the phosphate mining industry into
their planning jurisdiction.
(c) The mining of phosphate and other substances is prohibited
in the public trust waters of Bath.
- Proposed Implementation Methods:
(a) Designate all public trust waters within the Bath planning
area as "conservation" on the Land Classification Map to
disallow mining activities there.
(b) Enforce restrictions on the use of public trust waters
through the Bath Zoning Ordinance.
(c) Maintain communication with Texas Gulf regarding their
potential expansion.

72
(d) Acquire technical assistance from the Environmental Section
of the N.C. Division of Coastal Management to develop
standards and criteria prohibiting the potential expansion
of phosphateminingand incorporating those criteria and
standards into the Bath Zoning Ordinance..
(e) Contact neighboring communities and share information
regarding development of compatible policies prohibiting
expansion of the phosphate mining industry into their
respective planning jurisdictions.
Consistency Between Policies and Other Regulations and -Policies
(a) Policies prohibiting phosphate mining and restricting the
_use of public trust waters to public trust purposes are
consistent with policies protecting areas of environmental
concern, water quality,,commercial and recreational fishing,
tourism, public access, etc.
(b) Policies designed to discourage expansion of phosphate
mining activities in and around Bath are consistent with
policies to encourage only environmentally safe industry in
the area.
(c) Policies designed to discourage expansion of phosphate
mining in and around Bath are consistent with the overall
attitude towards growth of protecting the Town's small,
rural, non -industrial character.
C. Economic and Community Development
1.- Basic Statement on Community's Attitude Toward Growth '
The pleasant location of Bath between Bath and Back Creeks, and the
Town's historic, small-town aura have made Bath an attractive area for over

73
two Centuries. These factors, combined with the recent completion of the Town
wastewater system, are making the area very attractive to developers. Perhaps
even more important for the future are the general developmental trends that
are currently being experienced in coastal North Carolina: the pace of
development along the Outer Banks and barrier islands, while rampant for the
past several years, is beginning to decline; much of the most desirable space
has already been built upon, and many people have come to realize that the
environment of barrier islands is too harsh and inappropriate for intensive
development. As a result, developers are looking towards more inland areas of
the coastal region for new construction projects. Bath, with its natural
attractions and its relative abundance of buildable land in proximity to
navigable water, is a prime target as a destination for second -home,
retirement, relocation, and even resort development. To date, new development
has been on a fairly small scale; recent subdivisions on Cool Point, Catnip
Point, and Teaches Point have been absorbed relatively easily into the Bath
Planning Area. However, even one modest- to large-scale development project
could more than double the population of Bath in a very short time span, and
such a development could have many and varied ramifications for the Town and
its current residents. The Town of Bath is very alert to the problems that
uncontrolled growth can pose. The Town intends to monitor all development
within its planning area carefully in order to preserve the historic and
scenic nature of the Town and the rural character of the surrounding area.
While it is not the intention of this Land Use Plan to stifle growth
altogether, the policy statements written here are designed to encourage only
the type and amount of growth that is compatible with the preservation of the
citizens' home -town values and desire to keep'Bath a simple, primarily rural,
residential, and'tourist town.

74
2. Community's Attitude Towards Types of Development
The 1991 Bath Household Survey (see Appendix B) extensively surveyed the
residents of Bath. The Bath Planning Board will keep the results of the
survey which appear in Appendices C, D, and E in mind when considering the
following typesof development.
a. Residential Development
The residents of Bath realize that continued viability of the Town
depends upon encouraging new residents to settle in Town. However, to avoid a
huge influx.of people which would overload existing service capability and
radically change the population size, large scale, multi -family development
projects are not desirable within the Bath Planning Area. Instead, the Town
wishes to encourage single-family residential and second home development.
Furthermore, while not all residents wish Bath to become primarily a
retirement destination, the current population of Bath is an aging one.
.Provision of adequate housing for the elderly is therefore an essential type
of development in Bath. The Town will not allow subdivision development
wherein the Town;:provides all facilities. Floating homes will be prohibited.
Mobile homes will be prohibited except where allowed by the Zoning Ordinance.
b. Commercial Development
Some types of commercial development are desirable within Bath,
particularly those types of establishments which can attract and be supported
by the tourism trade and the needsof residents for daily living essentials.
Restaurants and retail shops, for instance, have in the past enlivened the
"downtown" economy of Bath, and most residents would like to see such
businesses thrive in the commercial district. The Bath Zoning Ordinance
currently provides for business and commercial establishments in the B2
District. An.issue which may need to be addressed should such development be

75
proposed in the downtown area, however, is one of parking. Street -side
parking is minimal in Bath, and some lots in the commercial district are
limited in terms of onsite parking space.
While most residents are in favor of some sort of public water access
for boating and recreational fishing, private commercial marinas will not be
allowed in the Bath Planning Area.
Overnight accommodations for tourists and other visitors to Bath is
another desirable.form of development in Bath. Small-scale hotel/motels or
bed and breakfast establishments are the most appropriate both in terms of
volume that could support such establishments and the need to fit the image of
the Town.
Commercial "strip" development is not a desirable form of development in
the Bath Area, consistent with policies designed to encourage development
within the Town before the surrounding area.
c. I_ndustrial Development
The agriculture and fishing industries, and to a lesser degree
commercial forestry are the industries the Town intends to promote. It is
hoped that through grantsmanship the Town can procure funds with which to
promote these industries. The Town is committed to preserving agricultural
lands and to maintaining or improving water quality in Bath and Back Creeks in
order to protect these vital economic interests.
The expansion of phosphate mining is not a desirable form of industrial
development in Bath because of the potential adverse ecological impacts.
Other types of heavy or polluting industry will also be restricted in Bath.
The natural resources in and around Bath are considered paramount, and
activities which could endanger them are against Town policy. Only light

76
industry with a proven record of environmental safety will be allowed in
designatedareas within the Bath planning jurisdiction.
d. Institutional Development
Bath lost a major source of employment when the Bath High School was
consolidated with the Beaufort County School System. Bath wishes to maintain
the grades that do remain in the Town both to provide employment.and prevent
busing.of younger children to other area schools:
The Visitors' Center run by the N.C. Department of Environment, Health
and Natural Resources continues to.be a viable and.important contribution to
the community, and the Town will continue to cooperate with the Department to
promote the Center's popularity as a tourist destination.
3. Redevelopment of Older Areas and Creation of New Subdivisions
The desired pattern of growth for Bath'is described in Section V_of this
Plan, The Land Classification System.. In short, it is desired that
residential and small business development happen within Town limits before
occurring out of Town limits (Land Classification Map). This will allow the
Town to expand its tax base while keeping costs associated with expanding
community facilities to a minimum, as well as avoid an "urban sprawl" type of.
development.
Bath has experienced some, subdivision development in recent years, such
as that.at Teaches Point, Cool Point, and Catnip Point. Further subdivision
growth on a small scale consisting of single-family detached homes will be
tolerated to a reasonable degree. Issues of safety of _potable water supplies
to private wells and the use of -septic tanks and package.treatment plants are
discussed elsewhere in this Plan.

77
4. Capacity of Existing -Facilities to Service New Development and
Potential to Develop New Public Support Facilities
Capacity of existing facilities is discussed in Section II D. (page 26)
"Constraints: Carrying Capacity."
Given a small town budget, extension of community services is very
difficult for the, Town of Bath to initiate. As such, the Town must make it a
policy that all development requiring the expansion of community services
will be the financial responsibility of the developer. The Zoning -Ordinance
should incorporate criteria for development improvements,.including wastewater
system expansion, water service, road -paving, and other facilities that must
be met before, any project proposal is approved by the Town Planning Board.
5'. Policy Statements and Discussion of -Economic and Community
Development
a. Types and Locations of -Industries Desired
Definition of Issue
See narrative discussion in Section III C.2.c. (page 75) "Community's
Attitude Toward Industrial Development."
Choice of Policies:
(a) Bath supports the expansion of existing industry and recruitment
of new industry that is environmentally safe and compatible with,
the resource protection, water quality, and other
environmentally -focused policies contained in this Plan.
(b) Light, environmentally safe industrial activities in the Bath
Planning Area shall be located outside the Town limits on
appropriate sites designated on the Land Classification Map for
such purposes.
(c) Bath intends to protect productive agricultural lands and promote
and preserve the agricultural industry.

78
(d) Bath intends to protect water quality in Bath and Back Creeks and
promote and preserve the commercial fishing industry.
(e) Bath intends to protectcommercial forest lands and promote
commercial forestry.
(f) Bath intends to discourage the expansion of phosphate mining in
the Bath Planning Area.
Proposed Implementation Methods:
(a) See implementation methods in Section III B.2.a. (page 65)
"Productive Agricultural Lands;" Section III B.2.b*. (page 65)
"Commercial Forest Lands;" Section III B.2.d. (page 68)
"Commercial and Recreational Fisheries;" and Section III B.2.f.
(page 71) "Phosphate Mining Impacts on Resources."
(b) Work with industrial recruitment staff of N.C. Department of
Commerce.
(c) Solicit technical assistance from regional development groups,
including the Mid -East Commission and Northeastern North Carolina
Tomorrow.
Consistency Between Policies and Other Regulations and Policies:
(a) See consistency discussion for Section III B.2.a. (page 65)
"Productive Agricultural Lands;" Section III B.2.b. (page,67)
"Commercial Forest Lands;" Section III B.2.d. (page 68)
"Commercial Fisheries;" and Section III B.2.f. (page 68)
"Phosphate Mining Impacts."
(b) Policies directing new industry outside Bath Town limits are
consistent with the desired patterns of growth expressed by,
residents of Bath.
J

79
(c) Policies restricting new industry to environmentally safe
activities are consistent.with policies aimed at protecting
natural resources and water quality in and around Bath.
(d) Policies directing desirable industries to appropriate sites are
incorporated into the Land Classification System.
b. Residential Development
Definition of Issue:
See narrative discussion in Section III C.2.a..(page 74)
"Community's Attitude Towards Residential Development."
- Choice of Policies
(a) Large-scale, multi -family unit subdivisions are not a
desirable type of development in the Bath Planning Area.
(b) Single-family, small scale first and second home development
within reasonable limits is to be encouraged in the Bath
Planning Area.
(c) All residential development projects shall comply with
policies dealing with protection of natural resources and
water quality contained in this Plan.
(d) Bath wishes to maintain and enhance the availability of
adequate housing for elderly and low-income persons.
Proposed Implementation Methods:
(a) Incorporate development criteria for all proposed
residential projects into the Bath Zoning Ordinance to
ensure compliance with these policies.
(b) Encourage housing.development for the elderly and low-income
persons by not -for -profit groups.

80
(c) Provide financial and infrastructure support as possible for
elderly and low-income housing projects.
(d) Investigate methods of obtaining state assistance for
single-family rehabilitation programs.
(e) Research and educate citizens about tax incentives to
encourage"'investments in renovation of low-income housing
and historic properties.
Consistency Between Policies and Other Policies and Regulations:
(a) When residential development proposals are being considered,
the Bath Planning Board should take care to consider
policies regarding natural resource protection, constraints
..to development, and redevelopment of developed areas.
(b) Policies designed to encourage single-family residential
development are consistent with the desired patterns of
growth expressed by the citizens of Bath.
c. Commercial Development
Definition of Issue:
See narrative discussion in Section III C.2.b.;(page 74)
"Community's Attitude Towards Commercial Development
Choice of Policies:
(a) Bath encourages the development of compatible restaurants,
overnight accommodations, and retail shops, particularly in
the commercial district.
_ (b) Private commercial marinas.are not allowed.in the Bath
Planning Area.

81
Proposed Implementation Methods:
(a) Work with industrial recruitment staff of N.C. Department of
Commerce.
(b) Solicit technical assistance from regional development
groups.
(c) Continue reservation of space in'the "downtown" area for
commercial establishments in the Bath Zoning Ordinance.
Consistency Between Policies and Other Regulations and Policies
(a) Policies designed to encourage small commercial
establishments are consistent with policies to promote
tourism.
(b) Potential conflicts may -arise betweenincreased commercial
development in the "downtown" area and parking requirements
in the Bath Zoning Ordinance. These conflicts will need to
be addressed on a case -by -case basis.
(c) Policies designed to encourage commercial growth in the Bath
business district are consistent with policies aimed at
redeveloping developed areas and avoiding sprawl.
d. Local Commitment to Providing Services to Development
- Definition of Issue:
See narrative discussion in Section III C.4. (page 76) "Capacity
of Existing Facilities to Service New Developments and Potential
to Develop New Public Support Facilities."
- Choice of Policies:
(a) Bath seeks to improve infrastructure and services to
accommodate future growth in a controlled manner.

82
(b) Bath encourages development for -expansion of Town police and
fire departments, adequate collection and disposal of
garbage, improvements on streets and roads, and other
services necessary for current and anticipated future
populations.
(c) Expansion of community services to moderate-size.development
projects will be the financial responsibility of the
developer.
(d) See Policies on Constraints to Development: Section III
A.5.a. (page 39) "Septic Tank Use;" Section III A.5.c.(2)
(page 52) "Water Supply Areas;" and Section III A.5.e. (page
58) "Potable Water Supply."
Proposed Implementation Methods:
(a) Incorporate criteria for development improvements, including
wastewater system expansion, water service, road -paving and
other facilities into the Bath Zoning Ordinance.
(b) Investigate the possibility of imposing impact fees on
developers and subdividers for any new development requiring
municipal services.
Consistency Between Policies and Other Regulations and Policies:
Policies limiting the amount of assistance given to new
development for services are consistent with policies encouraging
development in existing developed areas before new areas are
built up.

83
e. Types of Urban Growth Patterns Desired
- Definition of Issue:
See narrative discussion in Section III C.1. (page 72) "Basic
Statement on Community's Attitude Toward Growth."
- Choice of Policies:
(a) Bath will encourage development of residences and small
businesses within the Town limits before encouraging out of
Town development.
(b) Large-scale development projects which will require
provision of substantial municipal services and cause a
rapid influx of population will be scrutinized carefully to
avoid possible adverse effects on the Town.
(c) Bath encourages the demolition of dilapidated housing and
re -building on vacant lots within the Town.
(d) Bath encourages the rehabilitation and productive use of
older structures, including Bath High School.
(e) Bath encourages balanced development between historic and
non -historic properties.
(f) Bath discourages commercial "strip" development in the Bath
Planning Area.
- Proposed Implementation Methods
(a) The Land Classification Map designates certain areas for
various types of land uses.
(b) The Bath Zoning Ordinance guides decisions by the Bath
Planning Board in approving proposed development projects.
(c) Incorporate a site design review requirement into the Bath
Zoning Ordinance.

84
(d) Implement a Subdivision Ordinance governing development in
the Bath Planning Area.
(e) Investigate encouraging a "catalog" store to locate in the
Bath High School.
Consistency Between Policies and Other Regulations and Policies:
(a) Policies on urban growth patterns are consistent with
.policies on agricultural and forestry production by keeping-
development away from productive areas surrounding the Town.
(b) Policies on urban growth patterns are consistent with
policies on soil suitability and septic tank use by
encouraging development in already developed areas.
(c) Policies on urban growth patterns are consistent with
preferences of citizens of the Bath Planning Area as
expressed in the 1991 Household Survey and at planning
meetings.
'f. Redevelopment of Developed Areas
See Section III C.5.e. (page 83) "Types of Urban Growth Patterns
Desired.
g. Commitment to County, State and Federal'Programs
The Town of Bath has a history of supporting all federal, state, and
county programs. Some of the specific programs which the Town
encourages and cooperates with are mentioned in relevant places in
this Plan. A list of many of the governmental programs affecting
Bath, its population, its development, and its natural resources is
contained in Appendices H and I. For further discussion of the issue
of intergovernmental coordination and implementation see Section VI,

85
"Intergovernmental Coordination and Implementation," of this Land Use
Plan.
h. Energy Siting and Development
Definition of Issue:
Some of the undeveloped land in and around Bath may be suitable
for various types of energy facility siting and development.'
While some sorts of energy facilities may be appropriate for
location in the Bath Planning Area, other types which pose a
significant environmental or human health risk would contravene
the Town's stated policies concerning resource protection and the
desire to attract only light industry with a proven record of
environmental safety. For instance, while Bath is not located on
the ocean shoreline and would not be directly affected by Outer
Continental Shelf fuel exploration and development, nevertheless
refineries, storage, and transhipment facilities located inshore
could have an impact on Bath, including the potential for
negative environmental effects from accidents.
- Choice of Policies:
(a) Bath will examine thoroughly any potential energy siting
proposals, including those for electric generating plants
and inshore fuel development of refineries, storage, and
transhipment facilities, before authorizing construction to
ensure compatibility of such proposals with Bath's policies
on protection of.natural resources and preservation of the
Town's historic, rural character.
(b) Bath opposes all proposals for potential location of a
nuclear energy facility in the region.

9M
Progosed Implementation Methods_:
(a) Incorporate site and design review requirements for energy
facilities into the Bath Zoning Ordinance.
(b) Permit approved energy facility sitings in locations zoned
I-L (Light Industrial District).
(c) Establish criteria for environmentally sound and human
safety factors for all types of industry and energy
facilities and incorporate them into the Bath Zoning
Ordinance.
Consistency Between Policies and Other Regulations and Policies
Policies on Energy Siting are consistent with policies on areas
of environmental concern; man-made hazards; development impacts;
types and locations of industries desired; water quality.
i. Tourism
- Definition of Issue:
See narrative discussion in Section II B.1. (page 7) "Population,
Economy and Housing."
Choice of Policies
(a) The Town of Bath will promote tourism and controlled
development of the recreational industry.
(b) Bath encourages and will continue sharing promotional
efforts for historic properties located in Bath with the
State of North Carolina.
(c) Bath encourages compatible commercial development -
restaurants, overnight lodging, retail shops, etc.- that
will attract visitors to Bath.

87
(d) Bath recognizes the need for public access to the water for
recreational fishing, swimming, and boating.
(e) Bath will preserve the scenic entranceway to Bath on N.C. 92
East.
(f) Bath encourages development of crafts/cottage/arts
industries that would appeal to tourist and shoppers.
Proposed Implementation Methods
(a) Maintain close cooperation with N.C. NRCD to encourage
visitors to the State's historic properties.
(b) Encourage initiatives directed towards enhancing tourist
activities in the area such as fairs, special events, and
re-establishment of an outdoor drama.
(c) Work with N.C. Division of Archives and History to protect
and preserve archaeological sites in the Bath Planning Area.
Consistency Between Policies and Other Regulations and Policies
Policies aimed 'at promoting tourism in Bath are consistent with
policies on areas of cultural, historic and scenic value; desired
types of commercial development; public access.
j. Public Access:
Definition of Issue:
Bath is a prime location for water lovers; both Bath and
Back Creeks are navigable public trust waters, and sailers,
water-skiers, and fishermen enjoy coming to Bath to pursue their
recreational activities. Access to the water, however, is
limited. The public may use the state-owned boat ramp at Goose
Creek, or the private boat ramp in Bath. There is no free public
boat -launching facility located in Bath. Likewise, public

88
facilities for recreational fishermen and swimmers are virtually
non-existent within Bath. There is a Town pier for limited
access to the water.
Parking for.recreationists is also a concern which must be
considered as part of the public access issue. While the Town
recognizes the need for such amenities if it is to attract
recreation -oriented visitors and provide for its residents, the
provision of such facilities must be balanced with the need to
protect water quality and ensure boating safety.
Choice of Policies
(a) Bath will be.alert to opportunities to provide public
accessways to the waters of Bath and Back Creeks for
recreational boaters, fishermen,.and swimmers, including
"urban waterfront" access
(b) Bath encourages safe recreational use of the public trust
waters within its jurisdiction.
(c) Bath will maintain a balance between recreational use of
public trust waters and the need for water safety and water
quality.
(d) All public access facilities -sited in or near public trust
waters must be designed to adequately fulfill parking needs
(including trailer space at boat launches) as well as
sanitation needs (including drinking water, toilet
facilities, and, if appropriate, shower and dressing rooms)
and refuse collection and disposal for the maximum number of
visitors expected daily during peak seasonal use.

89
(e) All public accessways must meet or exceed state standards
for site location.
Proposed Implementation Methods:
(a) Contact N.C. Division of Coastal Management for
opportunities to apply for federal and state grants to
provide public accessways, including financial and technical
support for land acquisition, leasing, and construction of
improvements such as boardwalks, parking.lots, sanitation
facilities, boat ramps, etc.
(b) Research and pursue opportunities to acquire land and/or
easements for -public accessways through bargain sales,
donations, tax -incentives, land banking, transfer -of -
development -right programs, land trusts, etc.
(c) Research areas where the public has customarily used
privately -owned parcels for access purposes and enforce any
rights the public may�'have gained through such use.
(d) Investigate the feasibility of constructing a.Town-owned and
operated accessway which can place limits on the number of
boats entering the public trust waters at any one time.
Consistency Between Policies and Other Regulations and Policies:
(a) Conflict between policies aimed at providing adequate public
access to navigable water and the need for protecting water
quality and ensuring user safety may arise; when
implementing public access policies, Town officials must
keep these other concerns in mind.
(b) Policies promoting public access are consistent with
policies on tourism.

90
k. Anticipated Residential Development and Necessary Services
See Section III C.5.d. (page 81) "Local Commitment to Providing
Services to Development Policies" and Section III C.5.e. (page 83)
"Types of Urban Growth Patterns Desired."
D. Continuing Public Participation
Definition of Issue
See narrative discussion in Section VII (A) (page 119) "Public
Participation in the Bath Land Use Plan.
Choice of Policies:
(a) Bath encourages participation in land use discussion by all
sectors of the population.
(b) Bath will -continue to educate the citizens of the Bath Planning
Area about issues facing the area regarding matters of resource
protection, resource production, community development, and storm
hazard mitigation.
Proposed Implementation Methods:
See Public Participation Plan prepared for the 1991 Bath Land Use
Plan Update in Section VII B.
E. Storm Hazard Mitieation Policies
See Section IV D. for policy statements and implementation methods.
F. Water Quality mpacts and Long -Term Accumulative Impacts of Development.
Definition of Issues:
The Town of Bath is surrounded by water. The public trust waters
of Bath and Back Creeks are considered Areas of Environmental
Concern, as are the coastal wetlands in the area. Other
environmentally important sensitive water resource areas include
wetlands under the jurisdiction of Section 404 of the Federal Clean

91
Water Act. Sensitive areas do not include only surface waters and
wetlands; protection of the groundwater supply to the Town's two
public wells and to private wells in the area is also an issue of
concern.
Development in and around the Town can have many and long-lasting
affects on surface and groundwater. Furthermore, while one moderate -
sized development project may have minimal negative effects on local
water resources, over time, the cumulative impacts of several such
projects could be severe enough to cause irreparable damage.
- Choice of Policies
(a) For stated policies addressing the issue of water quality, see
Policy Sections on: Septic Tank Use, Coastal Wetlands, Public
Trust Waters, 404 Wetlands, Water Supply Areas, Protection of
Potable Water Supply, Stormwater Runoff, Marina and Floating Home
Development, and Commercial and Recreational Fisheries.
(b) The Bath Planning Board will scrutinize all proposals for
development projects to ensure the project will not cause long-
term negative impacts on water resources, while considering the
cumulative impacts of the project and other existing and approved
projects.
- Proposed Implementation Methods:
(a) See policy sections referenced above.
(b) Incorporate site plan review requirements into the Bath Zoning
Ordinance to ensure proposed development will not have cumulative
negative impacts on water quality.

92
Section IV. Storm Hazard Mitigation. Post Disaster Recovery, and
Evacuation Plans
A. The Effects of Coastal Storms
It is recognized that living in the coastal region of North Carolina is
not without risks. A major risk, even as far inland from the ocean as Bath,
is from coastal storms, including hurricanes, nor'easters and winter storms.
Tornadoes are not uncommon, especially in conjunction with hurricanes. A
hurricane is a severe tropical cyclone with winds exceeding 74 miles per hour
originating in the tropical regions of the Atlantic Ocean or Caribbean Sea,
traveling north, northwest or northeast from its point of origin and usually
involving heavy rains. Over the past one hundred years at least forty-six
hurricanes'have directly affected eastern North Carolina. A nor'easter'is a
storm or gale from the northeast with strong winds and often heavy rains. A
tornado is a rotating column of air usually accompanied by.a.funnel-shaped
downward extension of a cumulonimbus cloud whirling at speeds of up to 300
miles per hour. The results of any of these storms is flooding, wind damage
and severe erosion.
The importance of a sound storm mitigation plan cannot be over-
emphasized. There are three major reasons for such planning:
(1) to save lives;
(2) to save capital investments; and
(3) to save irreplaceable natural resources
As the town of Bath grows in population and the number of man-made
structures increases, the severity of loss threatened by a coastal storm is
magnified. Due to this ever-increasing severity of loss it is important to
plan now to be prepared for the next inevitable storm.
The purpose of this Section is to offer guidelines towards planning for
a major storm. The first step in formulating a storm mitigation plan is to

93
identify and map all.areas.of the community which are most vulnerable to storm
damage and to identify the damaging forces each area is subject to.
The areas most vulnerable to hurricane and other major storms are those
areas within an elevation below the 100-year flood plain. The 100-year flood
plain elevation for the Town of Bath is 10 feet. Areas within an elevation
below 10 feet have a 1% chance of flood inundation in any given year.
Vulnerable areas are subject to damaging forces that include high winds,
flooding, erosion and wave.action/battering. SLOSH maps from the Department
of Emergency Management identify the likely level of inundation based on storm
category. According to these maps, approximately one third of the Bath
.planning area is vulnerable to storms up to 110 miles per hour. These storms
cause water surge 6 to 8 feet above normal. In such storms coastal and low-
lying roads will be flooded. This information should be taken into account
when planning for future development in Bath. The Town must consider policies
concerning damaged structures in these hazardous areas. The removal of
structures and uses.in non-conformance with hazard mitigation policies is,
encouraged.
B. Description of Types and Severity of Risk in Hazard Areas
A narrative description of the inventory of existing land uses in the
Bath Planning Area is contained in Section II B. "Present Conditions", and
existing.land uses are displayed in Map A. The land use map enables the Town
to measure the severity of what the city has at risk in terms of commercial,
industrial, and institutional structures.
The following chart ranks the severity of risk in each hazard area
according to the damaging forces which are likely to occur there:

94
Severity of Risk in Hazard Areas
Exposure to Damaging Forces
Hazard Area I Severity Rank I High I Flooding I Erosion 1 Wave Action_
Coastal Wetlands 1 H H H H.
Public Trust
Waters 2 H H M H
Flood Prone Areas 3 H H M L
Rest of Community 4- H M L L
Exposure Levels:
H — High
M — Moderate
L — Low
C. Evacuation
The evacuability of the Bath Planning Area is discussed in Before the
Storm in Beaufort County: Avoiding Harms' Way, the County's storm mitigation
plan. Eight evacuation zones have been established in the County. The Bath
Planning Area lies within Zone III.
The analysis in Before the Storm in Beaufort County provides evidence
that the entire Town of Bath is well within the standard warning time of 12
hours.issued by the National Weather service. The principle road in Bath,
Highway 92, is capable of transporting 7,150 vehicles, per day at 35 miles per
hour. This allows the Town of Bath ample room for growth while still
maintaining good evacuability.
The Town'of Bath has one evacuation shelter available to residents of its
planning area - Bath Elementary School. The next closest shelter is Beaufort
Community College, located between Bath and Washington.

95
D: Policy Statements and Discussion of Storm Hazard Mitigation Issues
1. Mitigating the Effects of Storms
Definition of Issue:
It is clear that the Town of Bath is vulnerable to the effects of
coastal storms. In this sense, the use of the term hazard is a
misnomer in that "hazard" implies "chance" or "accident" whereas
coastal storms in the coastal area are a part of the reality;
there is no "if" just "when. The question, then, is what can be
done to diminish the risk. The answer is mitigation. Mitigation'
means "to make less severe or intense;" it does not mean remove or
obviate. As long as people live in coastal regions, risk will be
present. There are several different methods of mitigation, the
most appropriate of which appear in the policy statements of this
plan.
- Choice of Policies:
(a) The use of bulkheads along coastal waterways -is to be.
avoided wherever possible. Bath encourages strict
enforcement by CAMA permit officers of CAMA regulations
regarding bulkheads.
(b) The building practices required by the North Carolina
Building Code and the National Flood Insurance Program will
be followed and strictly adhered to. Particular attention
will be paid to the construction standards dealing with the
effects of high winds.
(c) All new public structures built by the Town will be designed
to withstand the impact of coastal storms.

96
(d) All Areas of Environmental -Concern in the Bath Planning Area
will be protected from inappropriate development which.would
subject the natural resources to increased risk from coastal
storms.
(e) Bath requires that the Erosion and Sedimentation Control
Plan filed with the Environmental Management Commission.be
strictly adhered to.
Proposed•Inlementation Methods:
(a) Encourage and support enforcement of permit authority by
CAMA permit officers.
(b) List specific appropriate and.inappropriate uses for each
AEC in the.Bath Zoning Ordinance.
(c) Ensure that Town employees responsible for the enforcement
of the Building Code and the flood regulations are properly
trained and that their work loads are manageable.
(d) Join with other local governments to urge that the N.C.
Building Code be professionally reviewed to insure that its
provisions are adequate for a coastal setting.
(e) Explore the possibility of creating a mutual aid program to
secure the services of extra building inspectors following a
disaster. Support any effort by the North Carolina Coastal
Resources Commission to accomplish and coordinate a similar
effort.
2. Discouraging Development in Hizh Hazard Areas
Definition of Issue:
Although much of the Bath Planning Area is vulnerable to coastal
- storms, it is not possible from either a legal or practical

97
perspective to preclude development in all hazardous areas.
However, once the most hazardous areas have been identified, the
impacts of coastal storms can be mitigated in these areas by
implementing the following policies.
Choice of Policies
(a) -Bath supports the local CAMA permit officer in discouraging
the construction of hotels, restaurants, and similar large
commercial structures in erosion -prone areas.
(b) The'most hazardous areas and those susceptible to severe
flooding are to be restricted to very low density
residential development, if they are developed at all.
(c) Bath requires the Erosion and Sedimentation Control Plan
filed with the Environmental Management Commission be
strictly adhered to.
Proposed Implementation Methods:
(a) Encourage and support enforcement of permit authority by
CAMA permit officers.
(b) Designate the most hazardous areas and those susceptible to
severe flooding as areas for very low density residential
development in the Bath Zoning Ordinance.
3. Public Acquisition of Hazardous Areas
Definition of Issue:
One method of mitigating the costly effects of coastal storms is
to preclude all development in areas most susceptible to natural
hazards. Taking such land out of the private marketplace is an
effective way to keep private landowners from building on
inappropriate property. If the public owns the land, hazardous

98
areas can remain undeveloped, without having to restrict private
property owners' rights.
Public acquisition of hazardous lands is especially effective
when combined with other objectives, such as providing public
access. Many of the areas most vulnerable to coastal storm damage
are located along the waterways. Often these areas are also prime
areas to reach the water'.s edge for fishing, swimming, sunbathing,
or boat access. Many of the facilities needed at public
accessways are relatively inexpensive to replace and involve
minimal construction, making recreational accessways an ideal type
of "development" in hazardous areas. A clearing made for
picnicking, a simple boat ramp, fencing, trash cans and the like
can make a waterfront area suitable for public use, while putting
minimal investment at risk from storms.
Choice of Policies:
(a) Bath encourages public acquisition of the most hazardous
areas whenever feasible in.order to preclude all possibility
of inappropriate development by private landholders.
(b) Bath will consider methods for acquisition of hazardous
areas that are also appropriate for public accessways to the
water.
- Proposed Implementation Methods:
(a) See implementation methods for public access in
Section III.C.5.j. (page 87)
(b) When considering the implementation methods referred to
above, choose those lands and methods of acquisition which
also fulfill the objectives of this .policy section. -

99
4. Evacuation
Definition of Issue:
See narrative discussion in Section IV C. (page 94)
Choice of Policies:
(a) The Town of Bath will work with the County to ensure that
current evacuation plans and routes for the area are the
most effective and as up to date as possible.
(b) The Town will maintain.Bath Elementary School as an
evacuation center.
(c) New public buildings will be located and designed to provide
evacuation shelter from coastal storms if the need for
additional shelter space is warranted.
(d) The Town will encourage developers of multi -family projects
and hotels to provide evacuation shelters for the residents,
employees, and occupants of their facilities.
Proposed Implementation Methods
(a) Coordinate evacuation preparedness activities with the
County.
(b) Incorporate requirements for evacuation shelters for any new
multi -family and hotel developments into the Bath Zoning
Ordinance.
5. Public Education
Definition of Issue:.
One essential factor in effective mitigation of coastal storms is
to have a citizen body that is aware of and able to deal with a
storm before it happens. Building practices and proper site
location can help alleviate the worst destruction before it

100
occurs. Evacuation routes and shelter locations must be made
known to ensure all those put at risk can seek safety quickly
during a storm warning. And reconstruction activities after a
storm has passed must be undertaken with an awareness of how best
to mitigate"future damage from the next coastal storm.
Choice of Policies:
(a) The Town of Bath will seek to increase public awareness of
hurricane and coastal storm preparation, including locations
of evacuation routes and shelter sites.
(b) The Town of Bath will seek to increase awareness of and
ensure compliance with hazard mitigation building practices
before development takes place.
(c) Bath will coordinate its educational efforts.with and
promote educational programs by state, county, and federal
.agencies on coastal storm preparedness.
Proposed Implementation Methods:
(a) Conduct a risk-ovoidance education program throughthe
Office Emergency Management to advise current and
prospective developers of existing storm risks in Bath.
(b) Conduct hurricane education programs through the Office of
Emergency Management in all public schools to instruct
youngsters what to do in the event of a storm.
6. Post Disaster Reconstruction
According to Before the Storm: Managing Development to Reduce
Hurricane Damages, by William D. McElyea, David J. Brower, and
David R. Godschalk, a reconstruction plan has four purposes. It
should:

101
1. Expedite community.recovery by outlining procedures and
requirements before damages occur.
2. Establish a procedural framework for putting storm
mitigation measures into effect after disaster strikes
the community and buildings and utilities are being
repaired and rebuilt.
3'. Gather and analyze information concerning the location
and nature of hurricane damages in the community.
4. Assess the community's vulnerability to hurricane damages
and guide reconstruction to minimize this vulnerability.
The policies contained in this Land Use Plan dealing with post
disaster reconstruction aim to reach these and other local goals.
(a) County Disaster Relief and Assistance Plan
Definition of Issue:
Beaufort County has a post disaster reconstruction plan, the
Beaufort County Disaster Relief and Assistance Plan, which
was adopted in September 1982, fulfilling all four purposes
cited in Before the Storm: Managing Development to Reduce
Hurricane Damages.
Choice of Policies
(a) The Town of Bath will follow the guidelines set forth in
the Beaufort County Disaster Relief and Assistance Plan.
(b) The .Town will follow courses of action and ensure
implementation of its policies will complement the Beaufort
County Disaster Relief and Assistance Plan, and will
coordinate its post -disaster activities with those of the
County.

102
Proposed Implementation Methods
(a) Place several copies of the Beaufort County Disaster Relief
and Assistance Plan on file in the Bath Town Office, making
it available for general public review.
(b) Follow the guidelines set forth in -the Beaufort County
Disaster Relief and Assistance Plan, paying particular
attention to Annex F (Beaufort County Damage Assessment
Plan), Annex G (Disaster Assistance Program Summary), and
Annex I (Beaufort County Plan for Temporary Housing).
b. Directing Long -Term Reconstruction
Definition of Issue:
After a coastal storm passes, the most urgent needs for -_
food, shelter, utilities must be met. After immediate needs
are taken care of, reconstruction of damaged properties will
begin. As the Town recovers, it should make itself less
vulnerable than before through its reconstruction.
Choice of Policies:
(a) The Town will integrate recovery and reconstruction
activities with the broader set of planning goals and
objectives of the community.
(b) The Town endorses the building practices of the North
Carolina Building Code and the National Flood
Insurance Program.
(c) Reconstruction following a disaster or storm related
destruction shall take place in accordance with
policies existing at the time of the storm.
Development following a storm should have the same

103
characteristics of development allowed at the time of
the storm.
(d) While regulation of 'septic tanks and package treatment
plants are within the jurisdiction of the County
Health Department and/or the State, the Town will urge
that these facilities.be designed and located so that
they will be less likely to be damaged, or cause
damage or 'serious inconvenience by .flooding.
(e) The Town will seek to prevent reconstruction of
structures which have been substantially damaged and
are located in high hazard areas. Where
reconstruction of such sites is allowed to take place,
it will only be allowed at low density.
(f) During reconstruction, the Town will seek to re -locate
high densitystructures away from high storm hazard
areas.
(g) All reconstruction will conform to the provisions of
the N.C. Building Code with particular emphasis on
strengthening buildings to withstand the effects of
high winds and flooding.
(h) The Town will comply with and enforce all CAMA
regulations dealing with development in the coastal
region.
(i) During -reconstruction decision -making the Town will
seek to encourage redevelopment patterns which
recognize and utilize natural mitigation features of
the coastal environment. Redevelopment should take

104
into consideration any changes in natural conditions
brought about by the storm.
- Proposed Implementation Methods
(a) Encourage and support enforcement of permit authority by
CAMA permit officers.
(b) Ensure that Town employees responsible for the enforcement
of the Building Code and flood regulations are properly
trained and that their work loads are manageable during the
reconstruction process.
(c) Join with other local, governments to urge that the N.C.
Building Code be professionally reviewed to insure that its
provisions are adequate for a coastal setting.
(d) Explore the possibility of creating a mutual aid program to
secure the services of extra building inspectors following
a disaster. Support any effort by the Coastal Resources
Commission to accomplish and coordinate a similar effort.
C. Recovery Task Force
Definition of Issue:
CAMA guidelines require that post disaster reconstruction
policies consider the establishment of a "Recovery Task
Force" to oversee the reconstruction process and any policy
issues which might arise after a storm disaster. The Task
Force's major objective is to guide development during the
reconstruction period following a disaster so that the
community, as it is rebuilt, is less vulnerable to coastal
storms than it was before the disaster.

105
- Choice of Policies
(a) Bath will have a "Recovery Task Force" with designated
members and allocated responsibilities in place to deal
with reconstruction'activities following a coastal storm or
other disaster.
(b) The Recovery Task Force will work with and coordinate its
efforts with all necessary county, state, and federal
agencies.
Proposed Implementation Methods
(a) The Task force should include the following members or
representatives:
1. Town Administrator
2. Mayor Pro Tem
3. Chief of Volunteer Fire Department
4. Community Rescue Squad Appointee
5. President of Ruritan Club
6. President of Lion's Club
(b) Upon establishment of the Recovery Task Force and
allocation of responsibilities, notify agencies listed in
Appendix I, "Agencies Coordinating Storm Preparedness".
d. Schedule Essential Services: Repairs: and New Development
Definition of Issue:
After a coastal storm, reconstruction activities must begin
as quickly as possible., In order to maintain an orderly and
efficient reconstruction situation, however, all re -building
and recovery activities must be prioritized and coordinated.
A priority list of clean-up efforts will help ensure that
the safety and health of residents and visitors affected by
a coastal storm are secured before all else.

106
Choice of Policies:
(a) During reconstruction, the Town will make every effort
to develop its capacity to identify and orchestrate
various post -storm reconstruction resources, while at
the same time ensuring maximum local control over the
reconstruction process.
(b) The Town will consider a moratorium on requests for
amendments to the Zoning Ordinance for an appropriate
period of time following a disaster.
(c) The Town will explore the possibility of adopting a
construction moratorium which would be triggered by a
disaster or major destruction. The temporary
moratorium on all new development would remain in
effect until all reconstruction in the Planning Area
is complete.
(d) The Town will prioritize all clean-up efforts
according to the following schedule:_
(1) Service facilities (electricity, water, sewer,
etc.) should be repaired first.
(2) Public facilities which could be used for
additional shelter should be repaired next.
(3) Roads and streets should be repaired next.
(4) A "worst damage" approach should follow
afterwards.

107
Proposed Implementation Methods:
(a) Draw up a priority schedule°for post -disaster clean-up
efforts based on these policies and file it in the Town
office, available to the general public.
(b) The Recovery'Task Force should conduct its supervisory
activities according to the priority schedule.
(c) Coordinate all reconstruction efforts with county, state,
and federal agencies according to the priority schedule.
e. Repair and/or Replacement of Public Infrastructure
Definition of Issue:'
While the Town can encourage and to some degree require
certain building practices and site locations be followed,
the Town can have a direct impact on coastal mitigation
efforts by the choices it makes in repairing and replacing
public infrastructure.
- Choice of Policies:
(a) During reconstruction, the Town will limit the
construction of public facilities and structures and
the reconstruction of damaged facilities and
structures in high hazard areas.
(b), Public facilities such as water, sewer, and roads will
be extended or rebuilt in damaged high hazard areas
only when absolutely necessary, and only to such size`
and degree necessary to serve the level of density
existing before the storm.

����`� IIII�U �;_Iil; �i�'��h�

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Section V. The Land Classification Syste
A. Land Classification System Description and Purpose: Relationshiv
with Policies
According to CAMA guidelines, the Land Classification System is a means
of assisting in the implementation of policies adopted in the Land Use Plan.
By delineating land classes on a map, the Town can specify those areas where
certain policies (local, state, and federal) will apply. The land
classification system is intended to be complemented by the zoning ordinance,
and the two tools must be as consistent with each other as possible. Although
specific areas are outlined on the Land Classification Map, the Land
Classification System is not a strictly regulatory mechanism, but serves as a
guideline for Bath's official growth policy. The Land Classification System
provides a framework to be used by the Town to identify the future uses of all
lands within the planning jurisdiction. The designation of land classes
allows the Town to illustrate its policy statements as to where and to what
density growth is to occur,.and where natural and cultural resources are to be
conserved by guiding growth.
B. Land Classification System Classes
The Land Classification System renders particular attention to how,
where, and when certain types of development will be encouraged or
discouraged. The CAMA Land Classification System contains seven broad
classes Developed, Urban Transition, Limited Transition, Community, Rural,
Rural with Services, and Conservation. The Community and Rural with Services
classifications are not applicable in the Bath Planning Area. The following
narrative describes the classes on the 1991 Bath Land Classification Map.

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1. Developed
a. Purpose
The purpose of the Developed class is to provide for continued intense
development and re -development of existing incorporated areas.
b. Description and Characteristics
The land designated as Developed is within the Bath town limits, and
includes mixed land uses such as residential, commercial, cultural, and other,
uses at moderate to high densities. The Developed Area within the Town limits
also encompasses an established historic district for which an ordinance has
been established.
The Developed Class is also located in areas outside the Town limits
along the waterways: on the western side of Bath Creek south of N.C. 92 at
Cool Point and Blackbeard's View; on the eastern side of Bath Creek north of
N.C. 92 up to Catnip Point; along the eastern shore of Back Creek north of
N.C. 92 and south of N.C. 92 bordering SR 1773; at Respess Shore on the
eastern side of Back Creek south of N.C. 92; and at the south-eastern most
edge of the Bath Planning Area along the shore of the Pamlico River at SR
1746. These areas are primarily residential, with some second -home
development.
C. Policy Discussion
Bath's current Developed Area contains enough land to accommodate the
projected increase of dwelling units between now and the year 2000. It is the
policy of Bath that residential and small business development occur within
the Developed Area in the Town limits before it occurs outside of the Town
limits in the Transition Areas.

110
2. Urban Transition
a. Purpose
The purpose of the Urban Transition class is to provide for future
intensive urban development on lands that are suitable and that will be
provided with the necessary urban services to support intense urban
development.
b. Description and Characteristics
..The Urban Transition classification represents areas that are either
presently being developed for urban purposes or will be developed in the next
five to ten years. These areas are in, or will be in an urban "transition"
state of.development going from lower intensity uses to higher intensity uses.
The type of development to occur in Urban Transition areas is identified as
either Residential or Industrial.
Urban Transition Residential. This class includes the area immediately
north of Town to the east and west of SR 1741. This class is also identified
as the area east of Town to Back Creek, including the recently annexed
Springdale Village. Considerable residential development has been taking
place in this area, and the wastewater system has been expanded to here.
Urban Transition Industrial. The Urban Transition Industrial Area which
appears on the Land Classification Map is east of Town on -the north side of
N.C: 92. The Charcoal Services business is located here. The Urban
Transition Industrial Class also includes a "floating" area; this area is not
currently marked for a particular site, but the class will remain available
until such time as a specific location is required.
c. Policy Discussion
It is the policy of Bath that all development must be monitored to
guarantee that it does -not disrupt the environmental, and cultural integrity of

ill
.the area. The residential nature of landidentified as Urban Transition'.
Residential should be.maintained. Without such maintenance, strip development
could occur, which has been determined undesirable by the Planning Board.
The definitions of Urban Transition areas in the Bath Land Use Plan
differ from the CAMA category in that there is enough vacant land inside the
existing Developed Area to accommodate the probable increase of dwelling units
between now and the year 2000. Nevertheless, the Town Board has selected
-these areas as potential areas to be served with urban services because of
their attractiveness to developers, their potential availability for sale and
development, and the willingness of interested developers in having their
property annexed, and conversely, because of the reluctance on the part of
those who own land inside the already developed area to sell.it for
residential or other uses. It is important to understand that the local
zoning ordinance will specify particular uses, densities, site design, etc.,
andisthe tool most often used to carry out the intent of this Plan and the
policies of the Town in these areas.
Thus, the total area shown as Urban Transition.is larger than the amount
of land needed for projected population increases which cannot be accommodated
in the vacant Developed Areas. And while the policy of the Town remains to
encourage development to occur first in the already developed area, this
modified version of the Urban Transition Class will serve as inducement for
future growth and development in a controlled manner in pre -selected areas.
The "floating" Urban Transition Industrial Class will remain unmapped
until it is needed. The Town encourages new industry and businesses to
establish in the Bath Planning Area, so long as such industries and businesses
are compatible with the Land Use Plan's policies on water quality and
environmental protection. When and if a potential new business -shows interest

112
in locating within the Bath Planning Jurisdiction, the Town Planning Board
will designate the most appropriate site for that particular industry.
3. Limited Transition
a. Purposes
The purpose of the Limited Transition Class is to -provide for
development in areas that will have some services, but are suitable for lower
densities than those associated with the Urban Transition Class, and/or are
geographically remote from the existing urban area. These areas are suitable
as primarily residential sites of low density.
b. Description and Characteristics
Areas meeting the intent of,this class will experience increased
development of modest densities during the next ten years, requiring some
services to the primarily residential users. Limited.Transition Areas may
include lands with physical limitations or areas near fragile natural systems,
precluding any.intensive use of the land.
The Limited Transition Class is identified on the Land Classification
Map as the areas on the western side of Bath Creek north of N.C. 92 (across .
the Creek from Catnip Point), and south of N.C. 92.(across the Creek from
Bonner's Point). These areas are likely -to require community_ services in the
next ten years.
C. Policy Discussion
Presently, Limited Transition Residential Areas reflect low density
development. This type of low density development should be encouraged.
These areas are contiguous to Areas of Environmental Concern and significant
archaeological sites. Therefore, all future development on these lands should
be carefully reviewed in light of the environmental sensitivity of the area
and its historical significance. .

113.
4. Community
NOT APPLICABLE TO BATH
5 Rural
a. Purpose
The Rural Class is to provide for agricultural, forest management, and
other low intensity uses. According to CAMA guidelines, other land uses, due
to their noxious or hazardous nature and negative impacts on adjacent uses may
also be appropriate here if sited in a manner that minimizes their negative
effect on surrounding land uses or natural resources. CAMA guidelines'also
provide that mineral extraction can take place in Rural areas.
b. Description and Characteristics
The Rural Class appears on the Land Classification Map on nearly the
entire inside perimeter of Bath's extraterritorial planning jurisdiction.
Lands included in the Rural Class in the Bath planning area have high
potential for agricultural and commercial forestry uses. The Rural
classification also includes lands with one or more limitations that would
make: development costly .and hazardous (particularly deep slopes and flood
prone areas). These areas are also characterized by low density residential
uses. The Rural residential areas lying outside the corporate limits are not
serviced by the Town waste -water system, and are mostly large lots with on --
site water and sewer facilities.
c. Policy Discussion..
Bath'has considerable potential for mineral extraction activity in the
area. Since the Planning Board (through its policy discussion) does not want
to encourage mining in the one -mile planning area, the Rural category in the
Bath Land Use Plan has been modified from the CAMA definition, and does not
include provisions for mining operations. Commercial forestry, on the other.

114
hand, if carried out according to the policies contained in this Plan may be
appropriate in the Rural class. If a qualifying energy generating facility is
proposed for the Bath area, it may be considered for location in the Rural
Class. Other permissible uses in the Rural Classification are very low
density agriculture and residential development. All development in this
class must be as compatible with resource production as possible.
6. Rural With Services
NOT APPLICABLE TO BATH
7. Conservation
a. Purpose
:The purpose of the conservation class is to provide for the effective
long-term management and protection of significant, limited, or irreplaceable
areas. Management is needed due to the natural, cultural, recreational,
scenic, and natural productive values of both local and more than local
concern.
b. Description and Characteristics
The Conservation Classification applies along the coastal shorelines of
Bath and Back Creeks, the public trust waters of the Creeks, the coastal
wetlands, and the 404 wetlands in the Planning Area.
Because AEC's are intensively defined by their characteristics in 15A
N.C.A.C. 7H, the Conservation areas containing the AEC's on the Bath Land
Classification Map only indicate approximate locations and are not definitive
enough for site specific regulation purposes. The policies governing these
areas apply in a manner consistent with the function of the areas shown in the
Conservation Class more than their precise geographic location.

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c. Policy Discussion
The Town Board wishes that the waters, wetlands, and historical areas of
Bath be protected and that only the uses outlined in policy statements in the
Land Use Plan be permitted there. Because any development, including fill,
dredging, and mining, will destroy such valuable areas, they are herein
designated "conservation" in the strictest sense of the category. As such, no
public funds, either direct or indirect, are to be used to encourage intensive
development in the Conservation Class.
This classification does not limit all development. However, any.
development in these areas must protect the natural barriers to erosion that
shorelines provide, protect documented historic architecture or archaeological
resources, not cause undue sedimentation, and not cover.an.undue portion of
the site with an impervious surface. Examples of suitable uses for
Conservation lands are parks and recreation areas, including public accessways
where appropriate.

:.-�'� �
r

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Section VI. Interizovernmental Coordination and Implementation
A. Coordinating Local. State, and Federal Activities
As articulated in the CAMA guidelines, the discussion.of policies and
the Land Classification Map contained in this Plan will serve as the basic
tools for coordinating numerous policies, standards_, regulations and other
governmental activities at the local,.state and federal levels. This
coordination is activated when governmental decisions and activities involving
land uses in the coastal area are carried out. Under the Federal Coastal.Zone
Management Act, all direct federal activities, as well as decisions relating
to the use of federal.funds in the coastal area must be consistent with state
coastal management programs. In turn, the N.C. Coastal Area Management Act
stipulates that no development permit may be issued if the development is
inconsistent with local land use plans.
The Bath Land Use Plan will also provide a framework for budgeting,
planning, and for the provision of and expansion of community facilities. The
policies and Land Classification System in the Plan articulate where .and to
what degree development should take place. The provision of water.service,
sewer systems, roads, and other community services in large partdetermines
whether the stated goals of growth management will be met. Decisions made by
the government of where, when, and the extent to which services will be_
provided can either encourage or discourage development, and the Land Use Plan
dictates how such decisions should be made and carried out.
Finally, the Bath Land Use'Plan will aid in better coordination of
regulatory policies and decisions by describing the local land use policies
and designating specific areas for certain types of activities.
A list of federal, state, and county regulations affecting land use in
Bath appears in Appendix H. Agencies to which the Town of Bath is responsible

117
for reporting all of its activities concerning storm hazard mitigation and
hurricane preparedness appears in'Appendix I.
The Town of Bath is a participant in the National Flood Insurance
Program as of April 8, 1987.
B. Consistency With Adjoining Planning Jurisdictions
The Town of Bath is located in Beaufort County. As required by CAMA,,
Beaufort County has prepared a Land Use Plan applicable to the unincorporated
areas of the county. In preparing the Bath Land Use Plan, consideration was
given'to the policies contained in the Beaufort County Plan to ensure the
greatest degree of consistency between the two plans ,as..possible. Many of the
current land use patterns and projections for future growth cited.in the
Beaufort Plan are identical to those of Bath. For instance, residential_
development has been and is expected to continue to be the primary form of
development over the next five years in the Town of Bath and in the County
generally. Likewise, the populations of both the -County and the Town are
aging ones, and percentages.of elderly are increasing. Policies cited in the
Beaufort County Plan to deal with population trends and patterns of growth are
not inconsistent with those stated in the Bath Plan. As another example of -
commonality, agriculture and commercial fishing are the two major and
preferred industries for both entities.
One of the most striking similarities noted in a comparison of the
Beaufort County and Bath Land Use Plans is the nature of the responses
received to public surveys sent out by the respective governments during the
planning process. -It seems the concerns and attitudes displayed through the
Bath Household Survey are reflected by the Beaufort County citizenry as well.
In both the Bath and Beaufort County surveys, preserving water quality and
preserving natural resources were named as the two most important issues

118
facing the residents. Accordingly, the policies set forth in both Plans
attempt to address these issues; protection of water quality, Areas of
Environmental Concern, water supplies, and historic and cultural resources all
appear as definite policy objectives in each Plan. This consistency is
repeated for most of the other policy topics contained in the two Plans. Such
consistency in stated policy goes a long way towards ensuring land use
practices in the Town and the County do not conflict with one another, and
can, in fact, complement and support each other.

119
Section VII. Public Participation
A. Public Participation in the Bath Land Use Plan
Local governments are required by CAMA guidelines,to employ a variety, of
educational efforts and participation techniques to assure that all segments
of the community have 'a full and adequate opportunity to be informed and to
effectively participate in planning decision -making.. Given the uses.made of
the Land Use Plan, it is essential that citizen input be a factor in Plan
formulation. The plan must accurately reflect the needs, attitudes and wishes
of the people whom it will affect most directly. While final policy decisions
are made by local officials, activation of the citizen participation plan can
secure a forum for residents to have an affect on those policy decisions.
Public participation was a vital concern during the process of
formulating the 1991 Bath Land Use Plan Update. Planning for the input began
in January, 1991, after the Town's consultants, Coastal Resources
Collaborative, Ltd., had researched past plans and gathered some initial data
on the Bath Planning Area, and had met with the.Town Board of Commissioners,
the Town Planning Board and Staff (see Appendix A). Following CAMA
regulations, a concise citizen participation plan was prepared and adopted by
the Town officials. The public participation plan appears below in
Subsection B.
After these initial steps were completed,.a household survey was
drafted. The survey was based on the survey prepared and sent out during the
1986 Land Use Plan process, with additions and alterations made according to
conditions that had changed between 1986 and 1991. It was felt that it would
be useful to.have the 1991 survey be similar to that.sent out.in 1986 in order
to gauge shifts in attitude, -different reactions to questions posed, and new
issues that may have arisen and be mentioned by respondents over a five year

120
period. Upon review by the Town Board of Commissioners and the Planning
Board, a final draft was delivered by mail to households within Town limits
(addresses were obtained from the water service billing list),•and by hand to
as many residents in the Bath extraterritorial planning jurisdiction as
possible. A copy of the 1991 Bath Household Survey is contained in
Appendix B.
The survey questioned the Bath residents' attitudes regarding the
importance of particular issues in the Bath area. The survey also questioned
peoples' attitudes regarding potential types of development, -as to whether
particular types.of development were desirable or undesirable. Statements
were also made on a variety of planning issues and respondents were asked to
agree or disagree. All responses were tabulated. The results appear in
Appendices C, D, and E. A matrix showing where issues important to survey-
respondents are addressed in this.Plan appears in Appendix F.,
Articles about the Bath Land Use Plan Update process were written and
were published in the Washington Daily News during the planning process
period: Citizens were informed as to who makes use of a Land Use Plan, how
the Plan is formulated, and why one is needed for a town such as Bath.
Readers were urged to attend -the planning meetings and come prepared to .
discuss issues of importance to them. Copies of these articles appear in
Appendix G.
B. Public Participation Plan
(1) The Bath Town Council and the Bath Planning Board shall be jointly
responsible for supervision of the public participation project
(2) The following dates have been scheduled•for meetings between the
Bath Town Council, the Bath Planning Board, and the consultants hired to help
with'the Land Use Plan Update. At the beginning of the update process, the

121
public will be notified of this schedule, and of their opportunity to attend
and voice their opinions and concerns. The public shall also be notified a
few days before each meeting takes place of the agenda to be followed at that
particular meeting. All meetings shall take place at 6:30 p.m. in the Bath
fire station.
Schedule of Land Use Plan Update Meetings
Introductory Meeting January 28, 1991; 6:30 p.m.
Discuss time table and public participation; set schedule for
meetings; arrangedistribution of materials before meetings.
First Meeting - February 25, 1991; 6:30 p.m.
Review the existing Land Use Plan;, discuss changes in the local
and regional situation that have occurred since the Plan was adopted and
which may affect it. Discuss public participation plan.
Results: Definition of the scope of the Land Use Plan Update
especially issues that require new or revised policy.
Second Meeting - March 25, 1991; 6:30 p.m.
Review conceptual format of the Land Use Plan Update. This will
consist of an outline of the entire plan, major sections of the plan,
major sections of the plan in draft form, and maps in rough form.
Discuss consistency of the plan with the zoning ordinance and other land
use controls.
Results: General agreement on the overall content of the plan and
its direction.
Third Meeting - April (Fourth Quarter) 22, 1991; 6:30 p.m.
Review draft of the entire Land Use Plan Update. _
Results: General agreement on the revisions that need to be made
to the draft.
Interim meetings to discuss revisions'as needed.
Fourth Meeting - May 27, 1991; 6:30 p.m.
Review complete Land Use Plan Update.
Results: Final agreement by Planning Board on Land Use Plan
Update to be sent to Town Council for adoption.
Fifth Meeting June 24, 1991; 6:30 p.m.

122
Public hearing and adoption by Town Council after revisions are
made, if any. -
Approved Plan is sent to the Coastal Resources Commission.
(3) The public will be notified of its opportunities for input by the
following methods:
(a) Articles published in the Washington Daily News throughout the
Plan updating process describing the purpose of the Plan,
procedures to be followed, importance of the Plan to the future of
Bath, and emphasizing the necessity of public participation at the
scheduled planning meetings.
(b) Flyers, posters, notices will be posted prominently in frequented
locations throughout the Town, including, but not limited to
i. The Visitor's Center
ii. Area shops
iii. The Post Office
iv. Church bulletin boards
V., Town offices
(4) A Household Survey will be sent, with stamped return -address
envelope, to all residents of Bath receiving water service. The same survey
shall be delivered, with instructions to return the completed survey to the
Bath Town Hall, to residents of Bath's extraterritorial.planning jurisdiction.
The survey shall cover the following topics:
(i) Major land use and growth issues derived from reviewing previous
land use plans and recent input from Bath community leaders.
Respondents are asked to.rank the importance of each issue from of
"No Importance" to "Seriously Important."
(ii) Potential types of development which could occur in Bath during
the next 10 years. Respondents are asked to rank the desirability

123
of the types of development as "Undesirable," "Neutral," or
"Desirable.
(iii) A series of statements referring to current issues in Bath.
Respondents are asked whether they agree or disagree with each
statement.
(5) A public meeting will be held at the beginning of the update
process,.where the existing policy statements will be discussed, and the
significance of the policy statements to the CAMA land use planning process
will be described. The processes described in this Public Participation Plan
for soliciting the views of any and all residents of Bath and its environs in
the development of updated policy statement will be explained at the public
meeting.
(6) The Public Participation Plan will attempt to reach everyone,
whether property owner or not, living, working, or otherwise interested in the
Town of Bath itself and its environs. The views of all members of the public
will be welcomed and considered as much as possible in the development of the
Plan.
(7) This Public Participation Plan, adopted by the Bath Town Council and
the Planning Board, will be included as part of the Bath Land Use Plan Update.
Appendices will include a listing of meetings, surveys, articles, etc. used
during the Plan updating process. An assessment as to the effectiveness and
adequacy of the citizen participation effort will be conducted at the
termination of the update process and included as an appendix to the Land Use
Plan Update.
The 1991 Bath Household Survey appears in Appendix B. Results of the
1991 Bath Household Survey appear in Appendix C. Prioritization of Important

124
Issues and of Potential Development Types based on the results of the 1991
Bath Household Survey appear in Appendices D and E respectively.

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Section VIII. Analysis of Policy Achievements Since 1986
A. Introduction
The CAMA guidelines for the land use planning process require that all
plans contain a section dedicated to examining policy achievements which have
occurred since the development of the last land use plan.
The Town of Bath last prepared a land use plan during 1986, which was
adopted in March of 1987. Like this current plan, the last plan was prepared
utilizing grant money provided by the Division of Coastal Management of the
North Carolina Department of Natural Resources and Community Development.
This current plan was developed with consultant assistance provided by David
J. Brower and Associates of Coastal Resources Collaborative, Ltd. of Chapel
Hill, North Carolina.
B. Policy Statements Contained in the 1986 Bath Land Use Plan
Policy objectives in -.the previous Bath Land Use Plan, categorized under
the CAMA guidelines as Resource Protection, Resource Production and
Management, Economic and Community Development, Storm Hazard Mitigation and
Continuing Public Participation included:
Resource Protection
(1) Protect water quality of Bath and Back Creeks.
(2) Protect, areas of environmental concern (environmentally, sensitive
lands).
(3) Protect agricultural lands located in areas designated as rural or
conservation on 1986 Land Classification Map.
(4) Protect cultural/historic resources.
(5) Protect potable water supply.
(6) Investigate and implement available erosion prevention measures.

126
Resource Production and Management
(1) Protect and promote the commercial fishing industry.
(2) Protect agricultural lands located in areas designated as rural or
conservation on 1986 Land Classification Map.
(3) Discourage phosphate mining operations within the Town's planning
jurisdiction and adjacent areas.
(4) Engage in the removal of all man -.made hazards.
(5) Investigate and implement available erosion prevention measures.
(6) Establish Bath Pier Development Project.
Economic and Community Development
(1) Support expansion of existing industry and recruitment of new
industry.
(2) Preserve the community based school as a working, viable facility.
(3) Maintain and enhance the availability of adequate housing for
elderly and low income persons.
(4) Improve infrastructure and services to accommodate future growth.
(5) Promote tourism and recreational industry.development.
(6) Protect Bath's cultural/historical resources.
(7) Establish Bath Pier Development Project.
(8) Prevent private, commercial marina development.
(9) Provide a location for potential energy facility sitings as
opportunities present themselves
Storm Hazard Mitigation
(1) Protect areas of environmental concern and environmentally sensitive
lands.
(2) Maintain and/or strengthen existing policies.known to decrease the
risk of hurricane damage.

127
(3) Increase public'awareness of hurricane preparation.
(4) Prioritize all clean-up'efforts
(5) Create a "Recovery Task Force" and 'allocate responsibilities among
members.
(6) Coordinate all efforts with necessary County, State and Federal
agencies.
Continuing, Public Participation
(1) Encourage participation in land use discussion by all sectors of the
population.
(2)' Educate the citizens of Bath about issues facing the area regarding
matters of resource protection, resource production, and community
development.
C. Policy Achievements of the 1986 Bath Land Use Plan and 1991 Continuation
The effectiveness of the previous Land Use Plan objectives is discussed
in the following -narrative. This discussion is categorized as the objectives
were offered in the CAMA policy categories. Some policies.of the 1986 plan
were deleted, some were modified, and a few additional policies were included
in the 1991 update.. Some of the "implementation strategies".contained in the
1986 Plan appear as policy statements in the 1991 Plan. One new category was _
added to the 1991 Update: "Water Quality Impacts."
Resource Protection
In 1982 the Town of Bath applied for and received.a grant from the:
Division of Coastal Managements' planning and management grant program with
which to provide technical assistance in developing a.centralized wastewater,
system which would be affordable for residents of the Town. With grant and
loan money from the N.C. Department of Natural Resources and Community
Development, the Farmer's Home Administration, the N.C. General Assembly, and

128
with local General Obligation,Bonds approved by the Local Government
Commission, a wastewater treatment system for the Town of Bath was developed.
Construction began in May 1986 and was completed in early 1987. Other
achievements under this category include:
An on -going program of voluntary removal of pilings in Bath and Back
Creeks.
- The continued protection of the Bath Historic District by the Bath
Historic District Commission.
Since the 1986 Bath Land Use Plan was developed, the Town has extended
its.corporate�limits. A large portion of .the new area is covered by the
waters of Bath and Back Creeks. Since these waters are public trust waters,
the Resource Protection policy section now includes policies aimed
specifically at preserving the public trust waters for public trust purposes,'
and preventing the alienation of this important resource to private or public
transferees in contravention with public trust purposes.
One area of policy which appears under the category "Resource
Protection," as well as under the category "Water Quality Impacts of
Development" and which in the past has not been given much attention involves
protection of the community's groundwater supply. This will become an
increasingly important issue in the near future, as groundwater supplies are
depleted and are threatened by contamination from a variety of incompatible
land uses. The Town of Bath should seriously consider instituting a
regulatory program for protecting the wellheads of the public water supply,
and a voluntary/educational program aimed at protecting the area's private
well water systems.

129
• One policy of the 1986 Plan which has become obsolete is the Bath Pier
Development Project. `Final plans and firm commitments to the Pier project
never materialized; consequently, this policy was deleted in the 1991 Update.
Resource Production and Management
Policy achievements include:
Continued protection of the water quality of Bath and Back Creeks
by;
• Construction of the wastewater system.
• Prohibition of the development of a commercial marina adjacent to
the Bath Creek Bridge. Policy language in the Bath Land Use Plan
was found in court to be sufficiently strong to curtail the
construction of an otherwise permissible marina.
Economic and Community Development
Policy achievements include:
Achieve types, levels, and patterns of economic and.community growth
which are consistent with the'historic character and general growth -
patterns desired by:
• Prohibiting the development of an additional commercial marina
adjacent to the Bath Creek Bridge.
• New subdivision developments are characterized by large lot single
family units.
Develop the Town's capacity to provide services to development
mindful of impacts upon taxes and developers' costs by:,
• Construction of the wastewater treatment system. The wastewater
system allows densities high enough to generate revenues
sufficient to accommodate desired development patterns. The
placement of the wastewater lines should stimulate the

130
redevelopment and development of .the older areas ofotown. The
wastewater treatment facility eliminates the burden on local
industry to furnish its own wastewater treatment.
Commercial forestry, an industry which was not discussed in previous
Land Use Plans, appears in the 1991 update as a desirable industry.
Forest lands surrounding Bath would be better put to use as�
productive resource lands, rather than remain undeveloped and
"tempting" to residential and commercial development.sprawling
outside of the Town.
Aside from these advances, the Town of Bath is operating in a different
economic environment than that which existed a mere five years ago. The
closure of the outdoor amphitheater, which previously had drawn sizeable
crowds to Bath in the summer months is symptomatic of the decline in the
tourism industry generally. While the Town is not solely dependent upon
tourist dollars to remain viable, the Town needs to continue its efforts to
entice tourists as well as recreational visitors to Bath if the Town plans to
continue relying on its scenic and historical attractions as.one element of
its economic base.
Continuing Public Participation
Policy achievements include:
Achieve meaningful public participation in land -use related planning
matters by:
• Implementing the public participation plan, including publishing
informational articles, as well as inviting the public and
listening to their concerns at all planning meetings.
• Sending out the 1991 Household Survey.to as many families in the
Bath Planning Area as possible. The survey questioned the Bath

131
residents' attitudes regarding the importance of particular
planning issues in the Bath area. The survey also questioned
peoples' attitudes regarding potential types of development, as to.
whether particular types of development were desirable or
undesirable. The results of the 1991 survey helped to determine
not only the policy statements in this Land Use Plan Update, but
the results also contributed to identifying the various types of
development to be encouraged or discouraged in specific areas of
the Bath Planning Area, as illustrated in the 1991 Land
Classification Map.
Water Quality Impacts
This policy topic was added to the Bath Land Use Plan after the results
of the'1991 Household Survey were tabulated. Protection of surface water and
drinking water supplies is very important. Water quality and the long-term
accumulative. impacts of development are such critical issues that discussion
and policy statements to address these issues were included in the Plan Update
as a separate policy section.

MAPS
Map A
Existing Land Use
Map B
Community Facilities
• Water Line Locations
• ' Waste Water Line Locations
Map C
Historic Areas
• Historic District
• Historic Properties
• Archeological Sites
Map D
Land Classification

0
Hawkins
1343
1334
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c - COMMERCIAL
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755
TOWN OF BATH
N
......... a-- CITY LIMIT
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LAND CLASSIFICATION
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RURAL (LAND)
CONSERVATION (WATER)
TOWN OF BATH
N
......•••... CITY LIMIT
-• ETJ
0 1000 2000 3000
ft
a
-o
J

Avnendices Page
A Town Board of Commissioners, Planning Board and Staff. . . . . . 1
B 1991 Bath Household Survey . . . . . . . . . . . . . . . . . 2
C Results of 1991 Bath Household Survey. . . . . . . . . . . 11
D Prioritization of Important Issues . . . . . . . . . . . . . 29
E Prioritization of Potential Development Types. . . . . . 33
F Survey Results/1991 Land Use Plan Cross -Reference Matrix 35
G Public Participation Notices . . . . . . . . . . . . . 39
H List of Federal, State, and County Regulations Affecting
land use in Bath . . . . . . . . . . . . . . . . 43
I Agencies Coordinating Storm Preparedness . . . . . . 51
J Summary of Policy Statements . . . . . . . . . . . . . . 53
K Bibliography . . . . . . . . . . ... . . . . . . . . . . . . . . 63

1
Appendix A
Bath Town Board of Commissioners,
Planning Board, and Staff
Mayor:
Jim Richardson
P.O. Box 255
Bath, North Carolina
27808
(923-4611)
Town
Administrator:
M.E. (Bubs) Carson
207 South Main Street
Bath, N.C. 27808
(923-6471) (Home) (946-0874) (Office)
Administrative
Assistant:
Marty Fulton
107 N. King Street
Bath, N.C. 27808
(923-0021) (Home) (923-3111) (Office W & F 9-12)
Town Board of
Ira Hardy, M.D.
Teeny Mason
Commissioners
P.O..Box 27
P.O. Box 132
Bath, N.C. 27808
Bath, N.C. 27808
(756-1977)
(923-4571)
John Taylor
George Mohorn
P.O. Box 253
103 Shore Drive
Bath, N.C. 27808
Bath, N.C. 27808
(923-2121)
(923-5571)
Water:
Robert Edwards
Route 1, Box 36
Bath, N.C. 27808
(923-2791)
Attorney:
Wayland Sermons
100 East Main Street
Washington, N.C. 27889
(946-0871)
Planning Board:
Gerald Butler
The Reverend Jack Rivers
132 S. Main Street
200 South Main Street
Bath, N.C. 27808
Bath, N.C. 27808
(923-3971 (Office)
Pearson Chrismon
Doris Langley
110 N. Main Street
P.O. Box 31
Bath, N.C. 27808
Bath, N.C. 27808
Mary Ruth Hardy
Jasper Nolan
P.O. Box 27
Route 1
Bath, N.C. 27808
Bath, N.C. 27808
Bryan Hardison
Teaches Poing
Bath, N.C. 27808

Appendix B
Household Survey
Town of Bath, North Carolina
1. How long have you lived in Bath?
0 - 5 years
5 10 years
10 years or more
2.. Have you ever attended a public hearing, Town Board of Commissioners
meeting, or Town Planning Board meeting?
Yes
No
3. On pages 2 through 5 are the major issues derived from reviewing
previous land use plans and recent input from Bath community leaders.
Please indicate the importance of each issue using the following
response categories:
"No" means not an important issue in Bath.
"Slight" means a slightly important issue in Bath.
"Moderate" means a moderately important issue in Bath.
"Serious" means a seriously important issue in Bath.
4. On.pages 6 and 7, is a list of potential types of development which could
occur in Bath during the next 10 years. Please indicate on page 6 and
7, what types, if.any, should be encouraged and.the extent to which they
should be encouraged.
5. On pages 8 and 9 are a series of statements referring to current issues
in the Town of Bath. Please indicate in the appropriate column whether
you strongly agree, agree or disagree with each statement.
6. Please return to Bath Town Hall in the enclosed envelope.

3
3. Rating the importance of Issues
"No" means not an important issue in Bath.
"Slight" means a slightly important issue in Bath.
"Moderate" means a moderately important issue in Bath.
"Serious" means a seriously important issue in Bath.
Importance in Bath Area
Issue No Slight Moderate Serious
1. Quality of drinking water/
protection of potable water
supply
2. Pollution of creeks/rivers/
wetlands from industry
3. Pollution of creeks/rivers/
wetlands from farmland water
runoff
4. Pollution of creeks/rivers/
wetlands from residential
development
5. Availability of adequate
housing for elderly persons
6. Availability of adequate
housing for low-income persons
7. Availability of adequate
housing for tourism industry
8. Garbage collection and disposal
9. Landfill capacity
10. Damage to marsh areas of
creeks/rivers
11. Development of mobile homes
12. Commercial pier/marina
development
13. Phosphate mining operations
along and within Pamlico
river

4
3. Rating the importance of Issues (Continued)
"No" means not an important issue in Bath.
"Slight" means a slightly important issue in.Bath.
"Moderate" means a moderately important issue in Bath.
"Serious" means a seriously important issue in Bath.
Importance in Bath Area
Issue No Slight Moderate Serious
14. Protection of cultural/
historical areas
15. Lack of adequate Town Hall
16. Old/dilapidated buildings
17-. Conversion of forested lands
to agricultural.lands
18. Adequacy of commercial
development
19. Septic tank failure
20. Need for new industry and
new employers
21. Too many pilings/stakes
..in creeks/rivers
22. Excessive erosion
23. Improper filling/dredging
of waterways
24. Coordination among govern
'went regulations regarding
waterfront development
25. Police protection
26. Fire protection
27. Ability of Town to
provide basic community
services

5
3. Rating the importance of Issues (Continued)
"No" means not an important,.issue in Bath.
"Slight" means a slightly important issue in Bath:
"Moderate" means a moderately important issue in Bath.
"Serious" means a seriously important issue in Bath.
Importance in Bath Area
Issue No Slight Moderate Serious
28. Productive uses of old
structures
29. Productive re -use -of old
public high school
30. Access to the waterways
31. Urban waterfront access
32. Expansion of existing
industry
33.' Mix of historic and non -
.historic properties
34. Protection of commercial
fishing industry
35. Property tax evaluation
36. Parking
37. Land and water use
compatability problems
38 Adequacy of general
transportation system
(roads, bridges, etc.)
39. Hurricane and flood_ evacuation
preparedness/public awareness
of emergency plans
40. Maintaining the attractiveness
of. the entranceways to the
w Ton of Bath

6
3 Rating the importance of Issues (Continued)
"No" means not an important issue;in Bath.
"Slight" means a slightly important issue in Bath.
"Moderate" means a moderately important issue in Bath.
"Serious" means a seriously important issue in Bath.
Importance in Bath Area
Issue No Slight Moderate Serious
41. Congestion of Public Trust
Waters
42. Noise on Public.Trust Waters
43. Problems that have resulted
from recent development
Specify:
44. Others (please list and rank):

4. Types of Development Survey
(Please indicate what types of development, if any, is desired, or not
desired during the next ten years.)
Desirability of Development Types
Potential Development Types Undesirable Neutral Desirable
Protection of agricultural land
Protection of natural resources
Historic preservation
Tourist attractions (historical
and cultural)
Housing for elderly persons
Housing for low-income persons
Overnight accomodations for tourists
Redevelopment of older areas
Residential development
Subdivision development
Development away from existing
urban clusters
Less developed areas becoming
more developed
Multi -family residential development
Single-family residential development
Retail shops
Restaurants
Office space for service industry
Public parking

I
4. Types of Development Survey (Continued)
Desirability of Development Types
Potential Development Types Undesirable Neutral Desirable
Light industry development
New Town Hall
Private marinas
Private boat ramps
Public boat ramps
Public water access `(powerboats
and sailboats)
Public water access (sailboats only)
Public beach area (no boat access)
Private recreation facilities
(health club, spa, etc.)
Public recreation facilities
(park, tennis courts, etc.)
Commercial fishing facilities
Recreational fishing facilities
Others (please list and rank):

9
5. Current Issues in Bath
Strongly
Issue Agree Agree Disagree
1. The Historic District of Bath is an
important part of the Town and should
be preserved.
2. The Bath Historic District
regulations are important.
3. The Bath Historic District regulations
are too lenient.
4. The Bath Historic District regulations
are too stringent.
5. ---Regulations should be adopted to
protect Bath Creek from pollution.
6. Regulations should be adopted to
protect Back Creek from pollution.
7. Town services are adequate.
8. I_would be willing to pay more taxes
for increased services.
9. Bath should have its own police
department.
10. Bath should have a curbside recycling
program.
11. Bath should encourage more tourism.
Questions 12-18 relate to how you think
the Town of Bath should grow.
12. Bath should include industry:
a. in the Town
b. in the area.
13. Bath should be primarily residential:
a. in the Town
b. in the area.

10
5. Current Issues in Bath (Continued)
Strongly
Issue
Agree Agree Disagree
14. Bath should combine industrial and
residential sites:
a. in the Town
b. in the area.
15. Bath should combine industrial and
tourism sites:
a. in the Town
b. in the area.
16. Bath should combine residential and
tourism sites•
a. in the Town
b. in the area.
17. Bath should combine residential,
tourism and industrial sites
a. in the Town
b. in the area.
18.- •.Bath should be primarily a retirement
community:
PLEASE RETURN SURVEY TO BATH TOWN HALL

11
Appendix C
Results of 1991 Bath Household. Survey
Ouestion Number Mailed Survey + *Survey _ Total
How long have you lived in Bath?
1. 0 - 5 years 17 6 23
_ 5 - 10 years 8 12 20
10 years or more 47 16 63
Have you ever attended a public hearing, Town Board of Commissioners meeting,
or Town Planning Board Meeting?
2.. Yes, 50 23 73
No 25 11 36
3. RATING THE IMPORTANCE OF ISSUES
1. Quality of drinking water/protection of potable water supply
Mailed Survey + *Survey — 'Total
No 1 1 2
Slight 5. 2 = 7
Moderate 9 9 18
Serious 57 22 — 79
2. Pollution of creeks/rivers/wetlands from industry
No 2 - — 2
Slight 7 1 — 8
Moderate 12 2 — 14
Serious 48 31 — 79
3. Pollution of creeks/rivers/wetlands from farmland water runoff`
No
Slight 5 2 - 7
Moderate 14 4 — 18
Serious 48 28 — 76
4. Pollution of creeks/rivers/wetlands from residential development
No 2 , 4 6
Slight 13 7 — 20
Moderate 14 6 — 20
Serious 37 15 52
5. Availability of adequate housing for elderly persons
No 16 6 22
Slight. 18 12 - 30
Moderate 22 7 — 29
.Serious 12 6 18
6. Availability of adequate housing for low-income persons

12
Mailed Survey
+- *Survey —
Total
No
21
8 —
29
_ Slight
17
14 =
31
Moderate
19
10 =
29
Serious
12
1 —
13
7. Availability
of adequate housing for tourism
industry
No
10
3 —
13 .
Slight
18
10 —
28
Moderate
30
12 =
42
Serious
12
9 —
21
8. Garbage
collection and
disposal
No
11
3 =
14
Slight
7
11 —
18
Moderate
21
10
31
Serious
29
10 —
39
9. Landfill
capacity
No
4
2 —
6
Slight
9
8
17
Moderate
17
12 =
29
Serious
33
10
43
10 Damage
to march areas
of creeks/rivers
No
5
2 _
7
Slight
11
1 -
12
Moderate
19
7 —
26
Serious
29
24 —
53
11' Development
of mobile
homes
No
21
6 =
27
Slight
16
7 =
23
Moderate
14
9
23.
Serious
15
9
24
12. Commercial
pier/marine
development
No
11
4 =
15
Slight
13
4 —
17
Moderate'
20
9 —
29
Serious
26
16 —
42

13
13. Phosphate mining operations along & witin Pamlico River
Mailed Survey +
*Survey =
Total
No 8
1 =
10
Slight 9
2
11
Moderate 15
4
19
Serious 37
27 =
64
14. Protection of cultural/historical areas
No 2
3 —
5
Slight 6
-
6
Moderate 22
15
37
Serious 38
15 =
53
15. Lack of adequate town hall
No 9
4 =
13
Slight 29
13 _
42
Moderate 18
15 =
33
Serious 8
2 =
10
16. Old/dilapidated buildings
No 6
1 =
7
Slight 16
13 —
29
Moderate 29
8 =
37
Serious 14
12
26
17. Conversion of forested lands
to agricultural
lands
No 13
6 —
19
Slight 16.
7
23"
Moderate 21
8
29
Serious 16
11 =
27
18. Adequacy of commercial development
No 12
4
16
Slight 17
10 =
27
Moderate 25
11
25
Serious 14
9
23
19. Septic tank failure
No 14
6 =
20
Slight 11
7 —
18
Moderate 17
8 =
25
Serious 20,
10 =
30

14
20. Need for new industry & new employers
Mailed Survey + *Survey — Total
No
14
7 -
21
Slight
9
7 —
16
Moderate
25
9 —
34.
Serious
17
11 —
28
21. Too
many pilings/stakes
in creeks/rivers
No
6
4 —
10
Slight
11
8 —
19
Moderate
27
12 —
39
Serious
25
11 —
36
22. Excessive erosion
No 5
3 —
8
Slight 19
4
23
Moderate 26
15 —
41
Serious 17
10
27
23. Improper filling/dredging
of waterways
No 8
2 —
10
Slight 13
7 —
20
Moderate 22
11
33
Serious 22
12 —
34
24. Coordination among government regulations
regarding
waterfront development
No 4
1 —
5
Slight 12
7 —
19
Moderate 20
9 -
29
Serious 28
15 —
43
25. Police protection
No 4
4 -
8
Slight 13
5 —
18
Moderate 30
14 —
44
Serious 20
9 —
29
26. Fire protection
No 6
2 —
8
Slight 5
6 —
11
Moderate 31
13
44
Serious 26
13 —
39

15
27. Ability of Town to provide basic community services
Mailed Survey + *Survey — Total
No 5 1 6
Slight 11 8 — 19
Moderate 38` 15 = 53
Serious 12 9 21
28. Productive uses of old structures
No
7
3
10
Slight
13
10 -.
23
Moderate
31
13 —
44
Serious
.16
7
23
29. Productive
re -use of old public
high school
No
5
5
10
Slight
5
3 _
8
Moderate
25
12 =
37
Serious
37
13 =
50
30. Access to:the
waterways
No
5
3 =
8
Slight
13
8
21
Moderate
26
10
36
Serious
.23
12 —
35
31. Urban waterfront access
No
3
5 —
8
Slight
21
8 —
.29
Moderate
26
10 =
36
Serious
18
9 —
27
32. Expansion
of existing industry
-
No
15
4
19
Slight
23
12 =
35
Moderate
23
9 =
32
Serious
5
8
13
33. Mix of historic and non -historic
properties
No
7
7 —
14
Slight
15
4 -
19
Moderate
30
15 —
45
Serious
13
7 —
20

16
34. Protection of commercial fishing industry
Mailed Survey + *Survey — Total
No
7
1 —
8
Slight
15
4 —
19.
Moderate
19
9 —
28
Serious
31
17
48
35. Property
tax evaluation
No
7
3 —
10
Slight
9
6 —
15
Moderate
27
17 —
44
Serious
24
7 —
31
.36. Parking
No
19
16
35
Slight
28
10 —
38
Moderate
12
6 —
18
Serious
8
2 -
10
37. Land and
water use compatability problems
No
7
1 —
8
Slight
17
8 —
25
Moderate
.26
10
36
Serious
11
12
23
38. Adequacy
of general transportation system
No
15
7 -
22
Slight
24
13 —
37
Moderate
17
12 —
29
Serious
10
1 —
11
39. Hurricane & flood evacuation
preparedness/public
awareness of emergency plans
No
11
7 —
18
Slight
23
8 —
31
Moderate
23
13 —
36
Serious
13
5 —
18
40. Maintaining the attractiveness of the entranceways
to the_Town'.of Bath
No
5
3
8
Slight
10
8 —
18
Moderate
33
12 —
45
Serious
23'
10
33

17
41. Congestion of Public Trust Waters
Mailed Survey + *Survey - Total
No 6
8 =
14
Slight 12
9 —
21
Moderate 24
6
30
Serious 22
8
30
42. Noise on Public Trust Waters
No 8
7 -
15
Slight 16
6 —
22
Moderate 20
10 —
30
Serious 20
9 -
29
43. Problems that have resulted
from recent
development.
No 3
1 —
4
Slight 2
1 —
3
Moderate 1
1 —
2
Serious 5
2
7
4. TYPES OF DEVELOPMENT SURVEY
Protection of agricultural land
Mailed Survey +
*Survey
Total .
Undesirable 3
2
— 5
Neutral 25
11
26
Desirable 38
20
— 58
Protection of natural resources
Undesirable -
-
_ -
Neutral 8
1
= 9
Desirable 58
32
= 90
Historic preservation
Undesirable 2
1
= 3
Neutral 9
5
— 14
Desirable 58
25
83
Tourist attractions (historical/cultural)
Undesirable 3
-
— 3
Neutral 15
10
= 25
Desirable 49
23
= 72

18
Housing for
elderly persons
Mailed Survey +
*Survey —
Total
Undesirable
17
5 —
22
Neutral
25
21 —
46
Desirable
26
7 —
33
Housing for
low-income persons
Undesirable
26
8 —
34
Neutral
19
21 =
40
Desirable
25
4 —
29
Overnight accomodations for tourists
Undesirable
9
5
14
Neutral
13
10 =
23
Desirable
45
19 —
64
Redevelopment of older areas
Undesirable
8
6 —
14
Neutral
17
11 a
28
Desirable
38
15
53
Residential
development
Undesirable
11
2 =
13
Neutral
23
22 —
45
Desirable
32
10 —
42
Subdivision
development
Undesirable
17
11 —
28
Neutral
30
16 —
46
Desirable
16
5 —
21
Development
away from existing
urban clusters
Undesirable
8
5
13
Neutral
34
17 —
51
Desirable
21
9 m
30
Less developed areas becoming more developed
Undesirable
15
13 =
28
Neutral
30
11 =
41
Desirable
15
8
23

19
Multi -family
residential
development
Mailed Survey
+ *Survev
Total
Undesirable
35
21 =
56
Neutral
20
7 —
27
Desirable
9
6 =
15
Single-family
residential
development
Undesirable
5
2 —
7
Neutral
24
12 =
36
Desirable
36
19 —
55
Retail shops
Undesirable
5
- —
5
Neutral
19
11
30
Desirable
42
22 =
64
Restaurants
Undesirable
3
1 —
4
Neutral
8
3
11
Desirable
58
29
87
Office space
for service
industry
Undesirable
10
3 =
13
Neutral
24
16 —
40
Desirable _
29
10 —
39
Public parking
Undesirable
9
6 _
15
Neutral
31
16
47
Desirable
25
10 -
35
Light industry
development
Undesirable
15
6 =
21
Neutral
19
12 =
31
Desirable
35
16
51
New Town Hall
Undesirable
11
7 —
18
Neutral
27
17
44
Desirable
24
8 =
32

I
Private marinas
Mailed
Survey + *Survey
Total
Undesirable
40
17
57
Neutral
17
5 =
22
Desirable
8
9 _
17
Private boat
ramps
Undesirable
25
8
33
Neutral
27
14 =
41
Desirable
11
9 —
20
Public boat
ramps
Undesirable
17
8 —
25
Neutral
18
4 _
22
Desirable
33
19 =
52
Public water
access
(powerboats & sailboats)
Undesirable
14
5
19
Neutral
19
9 —
28
Desirable
33
17
50.
Public water
access
(sailboats only).
Undesirable
26
8 —
34
Neutral
22
12
34
Desirable
10
9 =
.19
Public beach
area
(no boat access)
Undesirable
13
14 —
27
Neutral
19
6
25
Desirable
34
12
46
Private recreation
faciliites (health club,
spa, etc)
Undesirable
15
10
25
Neutral
34
13 =
47
Desirable
16
10
26
Public recreation
facilities (park, tennis,
etc.)
Undesirable
6
3 —
9
Neutral
23
7 —
30
Desirable
41
21 =
62

21
Commercial fishing facilities
Mailed Survey + *Survey — Total
Undesirable 15 17 — 32
Neutral 33 12 45
Desirable 19 4 23
Recreational fishing facilities
Undesirable 6 5 — 11
Neutral 17 13 — 30
Desirable 45 14 — 59
Others
Undesirable - - - -
Neutral 1 2 — 3
Desirable 2 - - 2
5. CURRENT ISSUES IN BATH
1. The Historic District of Bath is an important part of the Town and
should be preserved.
Mailed Survey + *Survey — Total
Strongly Agree 48 24 — 72 .
Agree 17 8 25
Disagree 2 1 — 3
2. The Bath Historic District regulations are important.
Strongly Agree 37 21 — 58
Agree . 23 9 — 32
Disagree 7 7 14
3. The Bath Historic District regulations are too lenient.
Strongly Agree 12 4 16
Agree 12 6 18
Disagree 28 14 — 42
4. The Bath Historic District regulations are too stringent.
Strongly Agree, 5 2 — 7
Agree 7 9 — 16
Disagree 40 14 54

22
5.
Regulations should be
adopted to
protect Bath Creek
from pollution.
Mailed
Survey +
*Survey —
Total
Strongly Agree
46
23 —
69
Agree
16
9 —
25
Disagree
2
1 —
3
6.
Regulations should be
adopted to
protect Back Creek
from pollution.
Strongly Agree
46
21 —
67
Agree
17
11 —
28
Disagree
3
1
4
7.
Town services are adequate.
Strongly Agree
9
1
10
Agree
51
21 —
72
Disagree
5
7 —
12
8.
1 would be willing to
pay more taxes
for increased
services.
Strongly Agree
4
2 s
6
Agree
22
11 —
33
Disagree
39
16
55
9.
Bath should have its
own police
department.
Strongly Agree
5
4 —
9
Agree
22
8 —
30
Disagree
38
18 -
56
10.
Bath should have
a curbside
recycling program.
Strongly Agree
13
13 —
26 -
Agree
32
12
44
Disagree
19
6 —
25
11.
Bath should encourage more tourism.
Strongly Agree
20
13 —
33
Agree
35
13 —
48
Disagree
12
6 —
18

23
12. Bath should include
industry:
Mailed Survey
+ *Survey
- Total
a. in the Town
Strongly Agree
4
5
— 9
Agree
14
5
— 19
Disagree
37
17
— 54
b. in the area.
Strongly Agree
19
8
— 27
Agree
31
16
47
Disagree
14
7
21
13. Bath should be
primarily
residential:
a. in the Town
Strongly Agree
36
14
— 50
Agree
23
9
32
Disagree
4
8
— 12
b. in the area.
Strongly Agree
18
12
30
Agree
29
12
— 41
Disagree
9
6
— 15
14. Bath should combine industrial and residential
sites:
a. in the Town
Strongly Agree
6
1
7
Agree
5
4
— 9 ,
Disagree
52,
26
78
b. in the area.
Strongly Agree
9
3
— 12
Agree
32
13
— 45
Disagree
22
14
— 36,

24
15.
Bath should
combine industrial &
tourism sites:
Mailed Survey +
*Survey -
Total
a., in the Town
Strongly Agree.
4_
2
6
Agree
11
4' —
15
Disagree
46
25 —
71
b. in the Area.
Strongly Agree
10
3 —
13
Agree
23
12 —
35
Disagree
24
15
39
16.
Bath should
combine residential
& tourism sites:
a. in the Town
Strongly Agree
-21
11 —
32
Agree
26
17 —
43
Disagree
15
3
18
b. in the Area.
Strongly Agree
17
7 —
24
Agree
31
19 —
50
Disagree
11
3 —
14
17.
Bath should combine residential, tourism & industrial
sites.
a. in the Town
Strongly Agree
4
1 -
5
Agree
7
7 —
14
Disagree
45
23 —
68
b. in the area.
Strongly Agree
7
4 —
11
Agree
27
11 —
38
Disagree
27
16 —
43
18.
Bath should be primarily a retirement community.
Strongly Agree
10
4 —
14
Agree
15
4 —
19
Disagree
42
25
67'.
MAY 6, 1991

25
Comments From Household Survey
Question Number 43
90 foot property ordinance is bad planning for homes in Bath.
Bad zoning as a result of 90 foot lot width ordinance causing existing homes
to be non -conforming. This will cause major rebuilding problems in case of
hurricanes or fire damage to these properties.
Some homes too close together -- maintain distance from line so crowding does
not occur.
Haven't seen any recent development other than CatNip Point waterfront
development.
Failure of administrator to recognize and sympathetically deal with the needs
of property owners in shallow areas for access to navigable waters. The
current resolutions of these problems inadequately incorporated the views by
property owners in the affected areas in both the process and the solution.
Hopefully, their error will be avoided int he future. Communication is
essential.
No commercial business to accomodate extra people.
Sewer and water charges are extremely high - compared to Washington and other
areas.
Permanent moorings; buoys in public water
Adequate drinking water system -- treatment and pressure
Texas Gulf has polluted the Pamlico River.
Adverse impact on fish, wildlife and public trust waters.
Texas Gulf - Destruction of fishing.
Unauthorized mooring of boats.
(a) A major attraction is Bath's water. Non-residents need to be provided
recreational use, i.e., provisions for [grid hortz ??] (particularly), which
will certainly require another marina at some near future.date. We need to
,avoid an we/they attitude, perhaps create a use tax for non-residents,
weekenders, marina users (if one does not already exist). (b) In my opinion,
question 33 is like locking the barn after the cows got out. The mix of
historic and new construction on Main Street is already a travesty to the
preservation of the historic district.
A house for public picnic areas.
Water bills are too high!-

26
Too many mooring buoys.
Private Piers intruding on public water.
Ouestion Number 44
I feel that a lot of these questions are extremely ambiguous. I feel that
Bath's growth development should be with an encouragement of businesses and
tourism, directed towards both the water and the historic area to try to make
Bath a non -growing retirement town without.amenities of restaurants, drug
stores and retail stores will fail. This has been proven all along the, east
coast. Not to encourage development and new homes will cause a taxation
burden for services on everyone especially the elderly.
Lack of pig farm control allowing runoff to land and water should not be
tolerated.
Need supermarket (Food Lion),. more shopping, drug store, restaurants, a reason
for people to stophere not just drive through.
Too many restrictions of state properties. We don't need tax payers paying
the Gerald Butler's of our town. Bureaucratic crap! Let our town take care of
our town! We have a capable sheriff.
The "Town Pier" (by the Barber Shop) should be for the people of Bath -- not
for visitors. After all - it should be "our Town."
Development in general is far too short-sighted. The demand for waterfront
property is great enough that the sales price can support the cost of
providing adequate infrastructure such as long range water, sewer,.drainage
and street improvements. The town should be selling some services to
development, requiring services to be extended and requiring development to
pay for.the cost and services.
Lack of sales in subdivisions due to lack of adequate commercial development.
Bulkheading public waters.
Use old school for new town hall and community center.
The Town of Bath needs to enforce regulations (if any) concerning unsightly
collectables! (l. junk cars/trucks; 2. air conditioners; 3. lawn mowers; 4.
buildings; 5. trash; 6. bicycles; 7. gas tanks (drums, etc.); 8. tires; 9.
unkept'lawns; 10. grape vines).
Bath needs strongly to develop to enable our youth to find jobs and want to
stay here. I feel that the town often discourages growth. Town needs more
input from local people and less from people who do not live here. I feel
that these people see the Town in an entirely different light than the people
who reside here full time and are endeavoring to earn a living here.

27
Physical education in elementary school; after school program.for lower
elementary grades.
Bath should have a dog leash law.
Comment on Page 7
A full service marina and chandlery, designed to serve both recreational and
commercial watermen including repair and maintenance facility and travel lift
with an associated small "tourist" facility and restaurant should be planned.
These facilities to survive and flourish require volume and may never be
possible.
Comment on Pave 9
Since planning zone property owners outnumber Bath property owners and
encompass vastly more waterfront property and acreage, and since they clearly
want to join in the decisionmaking process, it seems important to provide fair
and equal representation from all areas including Cool Point, Teaches Point
and the Plum Point - Bayview areas (as well as the "behind the bridge" areas
of Bath and Back Creeks. There can't be the intensity of dissatisfaction if
all are represented. It will take courage, insight and wisdom beyond any
shown to date, but it is the single most important issue to address, as far as
many of us are concerned.
Comments:
I believe people come to Bath much more for -its natural beauty than its
historic significance, that's what brought the first settlers. One person
-could take care of the historic aspect. I resent paying several peoples'
salaries. Encourage cultural activities!
Don't need any more pavement around the immediate city. Too much runoff.
I feel residential and commercial can be mixed with modernization but light
and certainly heavy industry should be kept a healthy distance from
residential and commercial zones.
Other Comments
We feel that Bath is a beautiful town with significant historic structures.
These structures appear to have deteriorated in the 2 years that we have been
property owners. Other sites (Swindell Store, etc.) should be declared
historic and now allowed to continue to deteriorate.
A more positive attitude toward commercial development is desirable.
Recognition by elected, employed, and appointed government officials that
commercial development and protection of natural resources can occur
simultaneously is very highly desirable to the point of being imperative.

2s
Questions 12-27 depend to much on how "industry" is defined. In town I would
like to see crafts/cottage industry developed that would encourage the tourist
industry. More traditional "light manufacturing" may be appropriate in the
surrounding areas, but only to the extent that they do not..work against the
tourism/retirement industry.
The best hope for prosperity for the area is in developing a
tourism/recreational industry with jobs being created in the support/service
sectors.
A thriving arts/crafts community would encourage a more desirable type of
tourism than purely water based recreation.
There is a danger in the area becoming too much a retirement community.
A hetrogenius population (age, socio-economic and racial) should be
encouraged.
Since the river is our most valuable economic asset, any development that
adversely impacts the river should be avoided. .However, highest and best use
should be made of this resource. Trying to.preserve it in it's present form
to be enjoyed mostly by those living on the water.will drive up water front
property values, make it more difficult for the children of the area to remain
in the area, when they grow up, and hurt long-term development by making the
area inhospitable to most tourist.

29
Appendix D .
Prioritization of Important LandUse Issues:
1991 Bath Household Survey Results
Rank Ordering of Issues From Most Important to Least Important:
Rank
Issue
Score'
1
Quality of drinking water/protection of potable
386
water supply.
2
Pollution of creeks/rivers/wetlands from industry
376
3
Pollution of creeks/rivers/wetlands from farmland
373
water runoff
4
Phosphate mining operations along and within '
345
Pamlico River
5
Protection of cultural/historical areas
340
6
Productive re -use of old public high school
337
7
Protection of commercial fishing industry
322
8
Damage to marsh areas of creeks/rivers
321
9
Fire protection
318
10
Pollution of creeks/rivers/wetlands from
314
residential development
11
Maintaining the attractiveness of the entranceways
311
to the Town of Bath
12
Too many pilings/stakes in creeks/rivers
309
13
Commercial pier/marina development
304
14
Coordination among government regulations regarding
302
waterfront development
15
Garbage collection and disposal
299
15
Landfill capacity
299
16
Access to the waterways
298
17
Property tax evaluation
296
18
Police protection
292

- 30
Rank
Issue
Score*
19
Ability of Town to provide basic community services
287
20
Excessive erosion
285
20
Improper filling/dredging'of waterways
285
21
Urban waterfront access
282
22
Productive use of old structures
280
23
Availability of adequate housing for tourism
279
industry
24
Old/dilapidated buildings
268
25
Need for new industry and new employers
267
25
Mix of historic and non -historic properties
.267
26
Congestion of Public Trust Waters
266
27
Noise on Public Trust Waters
265
28
Conversion of forested lands to agricultural lands
260
28
Hurricane and flood evacuation preparedness/public
260
awareness of emergency plans
29
Land and water use compatibility problems
258
30
Septic tank failure
251
31
Availability of adequate housing for elderly
241
persons
32
Development of mobile homes
238
33
Expansion of existing industry
237
33
Adequacy of commercial development
237
34
Adequacy of general transportation system
227
35
Lack of adequate Town Hall
236
36
Availability of adequate housing for low-income
230
persons
37
Parking
205

31
Rank Issue
38 Problems that have resulted from development:
Sewer and water charges extremely high
Permanent moorings; buoys in public water
Adequate drinking water system -treatment and pressure
Texas Gulf - pollution and destruction of fishing,
Unauthorized mooring of boats
90 foot property,ordinance is bad planning for homes in Bath
Some homes too close together
Haven't seen any recent development other than Catnip Point
Access to navigable waters for property owners in shallow
areas
38 Other Issues:
"Town Pier" should be for people of Bath - not for visitors
Development is too short-sighted; Town should sell some
services to development, require services to be extended and
require development to pay for the cost and services
Lack of sales in subdivisions due to lack of adequate
commercial development
Bulkheading public waters
Enforce regulations concerning unsightly collectibles
Encourage growth to enable our youth to find jobs and want
to stay here
Physical education in elementary school; after school
program for lower elementary grades
Bath should have a dog leash law
There is a danger in the area becoming too much a retirement
community
A heterogenous population (age, socio-economic and racial)
should be encouraged
Develop crafts/cottage industry that would encourage the
tourist industry

32
Rank Issue
38 - A thriving arts/crafts community would encourage a more
desirable type of tourism than purely water -based recreation
Scoring based on results of 1991 Bath Household Survey. The following
scoring system was used for each possible response.
0 No response
1 — Not an important issue
2 — A slightly important issue
3 — A moderate important issue
.4 a A seriously important issue

33
Appendix E.
Prioritization of Potential Development Types:
1991 Bath Household Survey Results
Rank
ordering of Development TyRes From Most Desirable to Least
Desirable:
Rank
Potential Development -Types
Score*
1
Protection of natural resource
288
2
Restaurants
287
3
Historic preservation
280
4
Tourist attractions (historical/cultural
269
5
Retail shops
257
6
Public recreation facilities (park, tennis, etc.
255
7
Overnight accommodations fortourists
252
8
Recreational fishing facilities
248
9
Single-family residential development
244
10
Light industry development
236
11
Protection of agricultural land
231
12
Redevelopment of older areas
229
12
Residential development
229
13
Public Boat ramps
225
13
Public water access (powerboats and sailboats)
225
14
Public beach area (no boat access)
215
15
Public parking
214
16
Housing for elderly persons
213
17
Office space for service industry
210
18
Development away from existing urban clusters
205
19
New Town Hall
202
20
Housing for low-income persons
201

34
Rank
Potential Development Types
Score's
21
Private recreation facilities (health club, spa,
197
etc.)
22
Commercial fishing facilities
191
23
Subdivision development
183
24
Private boat ramps
175
25
Public water access (sailboats only)
159
26
Multi -family residential development
155
27
Private marinas
152
28
Less developed areas becoming more developed
138

35
Appendix F
1991 Survey Results/1991 Bath.Land Use Plan
Cross -Reference Matrix
Rank
Issue
Cross -Reference
1
Quality of drinking water/protection
II C.l.c
of potable water supply.
III A.5.c.(2)
III A.5.e.
III C.5.h.
III F.
2
Pollution of creeks/rivers/wetlands
III A.1.
from industry
III A.5.b,c,g,i.
III B.2.f.
III C.2.c. .
III C.5.a.h.
III f . . .
3
Pollution of creeks/rivers/wetlands
II B.2.a.
from farmland water runoff
III A.l.
III A.5.b.c.
4
Phosphate mining operations along
III A.I.
and within Pamlico River
III A.5.B.(2)
III A.5.c.(1),(4)
III B.1.
III B.2.f.
III C.5.a.
5
Protection of cultural/historical
-III A.2.
areas
III A.5.c.(3).
III C.I.
III C.5.i.
6
Productive re -use of old public high
III C.5.e.,
school
7
Protection of commercial fishing
III B.l:
industry
III B.2.d.
III C.5.a.
8
Damage to marsh areas of
II B.2.e.
creeks/rivers
III A.5.b.c.d.g.h.i.j.k.1.
III F.
9
Fire protection
II D.5.
III C.5.d

36
Rank
Issue
Cross -Reference
10
Pollution of creeks/rivers/wetlands
II B.2.b.
from residential development
III A.1
III A.5.a.b,g
III C.5.b.
III F.
11
Maintaining the attractiveness of
II'B.2.c
the entranceways to the Town of Bath
III A.2
III A.5.c.(3).
III C.5.j.
12
Too many pilings/stakes in
III A.5.b.(2),(4).
creeks/rivers,
13
Commercial pier/marina development
III A.5.b.h.k.
III C.5.c.
14
Coordination among government
III C.5.g.
regulations regarding waterfront
development
15
Garbage collection and disposal
II D.5.
III C.5.d.
15
Landfill capacity
II D.5.
16
Access to the waterways
II B.1
III A.5.b.,(2)
III C.5.j.
17
Property tax evaluation
Not Addressed
18
Police protection
II D.5.
III C.5.d.
19
Ability of Town to provide basic
I C.
community services
II D.
III C.2.a.
III C.3.
III CA
III C.5.d.
III C.5.e.
20
Excessive erosion
II C.l.a.d.
III A.3,4
20
Improper filling/dredging of
II B.2.e.
waterways
III A.5.b.c.(2),(4).
C.ii,iv
21
Urban waterfront access
III C.5.j.

37
Rank
Issue
Cross -Reference
22
Productive use of old structures
III C.5.e.
23
Availability of adequate housing for
III C.2.b.
tourism industry
III C.S.j.
24
Old/dilapidated buildings
II B.2.
III A.3
III A.5.c.4.
III C.S.e.
25
Mix of historic and non -historic
III A.5.C.(3).
properties
III C.S.e.
26
Congestion of Public Trust Waters
II B.1.
II C.3.
III A.5.b.(2)
27
Noise on Public Trust Waters
II B.1
III A.5.b.(2)
III A.S.h.
28
Conversion of forested lands to
Not Addressed
agricultural lands
28
Hurricane and flood evacuation
IV.
preparedness/public awareness of
emergency plans
29
Land and water use compatibility
II B.2.a.
problems,
III A.S.b.c,g.i.
30
Septic tank failure
II C.l.b.d.
III A.5.a.(1),(2)
31
Availability of adequate housing for
III C.2.a.
elderly persons
III C.S.b.
32
Development of mobile homes
II B.2.f.
III C.2.a.
33
Expansion of existing industry
II C.S.a.
III C.S.j.
33
Adequacy of commercial development
I A.
III C.2.b.
III C.S.c.j.
34
Adequacy of general transportation
II D.4.
system
III C.S.d.
35
Lack of adequate Town Hall
Not Addressed

38

39
Town of Bath to Update its Land Use Plan: Public Welcome
All local governments in coastal North Carolina are required by the
Coastal Area Management Act of 1974 (CAMA) to have and maintain a Land Use
Plan. Although Land Use Plans are developed to serve the community for a
period of ten years, CAMA requires that the Plan be updated every five years.
The ten year horizon enables planners and managers to set broad long-term
goals, while the five-year update ensures the Plan embodies the most current
needs and issues in the community.. The Town of Bath is now embarking on this
updating process by reviewing the current Land Use Plan, acquiring and
analyzing new data, assessing the land use policies and regulations contained
in;the Plan, and gauging attitudes towards growth, development, environmental
protection, and a whole range of other land use issues that may have .changed
during the past five years.
This updating process is essential to keeping Bath's Land Use Plan as
effective and usable as possible. The Plan must reflect the latest conditions
present in Bath, because the policy statements embodied in the Plan.are the
primary means of ensuring that growth within the Town and the adjacent area
..proceeds in the manner that the citizens envision, and that development occurs
in an orderly fashion consistent with the capability of the land and
facilities to sustain that development The Plan tries to reconcile the
interests of economic vitality in the Town and the need to protect important
natural resources. In other words, the Town of Bath's Land Use Plan maps out
the future configuration of the Town, and determines what sort of Town will be
here for future generations to live in, work in, visit, and enjoy.
It is not only local government officials who.rely on the Bath Land Use
Plan to direct growth and development in Bath. State and Federal agencies are
bound by law to act consistently with all local Land Use Plans prepared under

40
CAMA when issuing permits, making decisions regarding funding, or directly
undertaking projects in the coastal area. Since non -local officials will be
referring to the Bath Plan when making their decisions, it is imperative that
the Plan be as definitive and clear as possible to avoid any problems in
interpretation:
The Coastal Area Management Act contains guidelines to be followed when
a Land Use Plan is being updated. Members of the Bath Town Council and
Planning Board, with the assistance of consultants from Chapel Hill will
follow these guidelines carefully when producing the Plan update. But perhaps
the most important source of assistance in the development of the Plan update
is the citizens of Bath. CAMA requires that the public be provided an
adequate opportunity to participate in the planning process, and urges local
governments to encourage citizen involvement. The Bath Council and Planning
Board members extend the invitation to all interested members of the public to
attend the monthly meetings that will be held to formulate the Plan update.
All meetings will be held at the Bath fire station at 6:30 p.m, on the fourth
Monday of each month beginning in February. The dates of these meetings are:
February 25, 1991 6:30 p.m.
March 25, 1991 6:30 p.m.
April 22, 1991 6:30 p.m.
May 27, 1991 6:30 p.m.
June 24, 1991 6:30 p.m.
The Land Use Plan is to be completed in June. We hope as many of you as
possible will attend these meetings and will contribute your ideas,
impressions, and constructive criticisms as the Plan is being developed. It
is, after all, your Land Use Plan, and your Town -- be a part'of it!

41
Bath to Hold Second Land Use Plan Update Meeting
On Monday, March 25 at 6:30 p.m. in the Bath Fire Station, the Bath Town
Council and Planning Board will conduct the second of five monthly meetings to
update the Town's current Land Use Plan. All citizens of Bath and those.,
living in the surrounding area have an interest in this updating process and
the public is strongly urged to attend the meeting and participate in the
planning of the future of the community.
At this meeting, the Council and Board Members will review the
conceptual format of the Land Use Plan Update, including an outline of the
entire Plan. Existing land use -policies will be discussed, and decisions.will
be made concerning which specific policies should remain in effect, which
should be changed or modified, and which policies, if any, should be
eliminated from the updated Plan. If any new issues have arisen involving
land use patterns or growth in Bath since the last Plan was written, policy
statements to address these new issues will be formulated.
Another important component of the Land Use Plan will also be discussed
at the March 25th meeting - The Land Classification System. All land within
the planning jurisdiction of Bath has been classified into one of several use
categories. The Land Classification Map, which is included in the Land Use
Plan, serves as a framework for the local government when identifying future
land use, and illustrates the Town's policy statements contained in the Plan.
While not a strict regulatory mechanism, the areas shown on the land map serve
as a guideline for Bath's Official growth policy, and, as such, serve as a
visual reference for policy implementation. The land classification renders
particular attention to how, where, and when certain types of development will
be encouraged or discouraged. It is therefore crucial that the Land

42
Classification Map contained in the updated Plan be as up-to-date and accurate
as possible. This is especially true since Bath has extended some of the
borders of its planning jurisdiction since the last Plan was written; the
newly -added land will be classified for the first time in the Plan Update.
The anticipated results of the meeting are to reach general agreement on
the overall content of the Plan and its direction, as well as agreement on
specific policies and the Land Classification System. The Town Council and
Planning Board Members need to hear the views of the residents of Bath and its
environs while they are making these decisions so vital to the Town. Please
come.out and participate in the planning process, and have a part in directing
the future of Bath.

43
Appendix H .
Federal, State, and County Regulations
Major Federal Water Quality Legislation
The Clean Water Act (formally entitled the Federal Water Pollution Control Act
Amendments of 1972, PL 92-500 now PL 95-217).
The primary goal of this act was the elimination of pollution discharges
into navigable waters by 1985. The five major sources of pollution considered
under the act in relation to this goal are as follows:
• Municipal Pollution -- To be controlled by construction of municipal
sewage treatment plants (using federal grants), setting discharge
requirements for the plants, and controls on other sources of municipal
pollution.
• Industrial Pollution -- To be -controlled by discharge requirements for
industrial sources of pollution, special controls for toxics, and
measures aimed at preventing and cleaning up toxic spills. Municipal
and industrial discharge limitations are enforced through a system of
individual permits.
• Nonpoint Source Pollution -- To be controlled primarily by state and
local authorities by using various methods to minimize pollution from
agriculture and urban runoff. Developing means for controlling nonpoint
source pollution is one of the major objectives of the act's planning
process.
• Dredge and Fill Activities -- To be controlled by a regulatory program
jointly administered by the Environmental Protection Agency and the U.S.
Army Corps of Engineers. This program is partially, aimed at the
protection of the aesthetics and ecological value of streams, lakes,,
estuaries, and wetlands threatened by dredging and fill activities.
• Boat Discharges -- To be controlled by federal statutes and regulations
that require the use of marine sanitation devices designed to meet
federal criteria and which prohibit the discharge of untreated waste
into waters.
The Safe Drinking Water Act of 1974, amended'in 1977 (PL 93-523)
This law authorizes the.Environmental Protection Agency to regulate the
quality of public drinking water by setting minimum water quality standards
and prescribing treatment techniques. It allows the EPA to set limits for
specific contaminants that may adversely affect_ public health. States
developing qualified programs may apply to the EPA'for delegation to enforce
the water quality standards within their state. North Carolina is currently
administering the state's program through the Division of Health Services.

44
Toxic Substances Control Act of 1976 (PL 94-469)
This law authorizes the Environmental Protection Agency to regulate the
manufacture, distribution, and use of chemical substances. It requires
premarket testing of new chemicals, and identification and testing of all
existing chemicals. If a substance should pose an unreasonable risk to human
health or the environment, the EPA may modify, limit, or ban the manufacture,
processing, distribution, and disposal of that substance. Pesticides,
tobacco, firearms, nuclear materials, food, drugs, and additives are covered
under separate laws.
Federal Insecticide, Fungicide and Rodenticide Act of 1947 (PL 75-717)
This act directs the Environmental Protection Agency to regulate the
manufacture, distribution, and use of pesticides. All pesticides are
registered and classified under this act. The EPA requires analysis of
composition, degradability, use patterns, and chemical and physical properties
before registering any pesticide. A pesticide shown to cause adverse
environmental effects may be banned or given a restricted use classification.'
.Resource Conservation and Recovery Act of 1976 (PL 94-580) (Amended and
reauthorized in 1984)
This law calls for "cradle to grave" regulation of hazardous wastes by the
Environmental Protection Agency. It bans open dumping and the dumping of
hazardous wastes in sanitary landfills. It requires development criteria to
identify hazardous wastes and standards for companies generating,
transporting, or disposing of such wastes. The state of North Carolina has
received approval from the EPA to administer the provisions of this act.
Contact: Solid and Hazardous Waste Management Branch-DHR, 919/733-2178.
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(PL 96-510)
This act, better known as Superfund, is administered by the Environmental
Protection Agency and addresses the problems of emergency response to toxic
contamination, cleanup of abandoned sites, and the long-term care of closed
hazardous wastes sites. The act covers hazardous waste as defined in the
Resource Conservation and Recovery Act and hazardous or toxic substances
defined by laws such as the Clean Air Act and the Clean Water Act. This law
does not cover gasoline or oil and petroleum products.
Clean Air Act of 1970 (PL 91-604 and PL 95-95)
This law, administered by the Environmental Protection Agency, establishes
air quality standards and regulates the emission of air pollutants such as
carbon monoxide, lead, hydrocarbons, and the like. The act is important to
water quality because many of the regulated pollutants combine'with atmosphere
water and fall to the earth with rain.
National Environmental Policy Act
-The basic goal of this act is to require federal agencies to consider the
potential effects of federal projects on the environment. The act requires an

45
environmental impact statement as part of any.recommendation for major federal
action that may significantly affect the environment. This assessment includes
any unavoidable adverse environmental impacts the project would have;
alternatives to the proposed action; the short-term uses of the human
environment in comparison with the maintenance and enhancement o£:long-term
productivity; and any irreversible and irretrievable commitments of resources
that would be involved if the proposal were implemented.
Coastal Zone Management Act (PL 92-583)
This act provides funds to states to develop coastal resource management
programs. The law also provides matching grants to states for acquisition of
lands for estuarine or marine sanctuaries.
Rural Clean Water Program
Administered by the U.S. Soil Conservation Service, this program encourages
best management practices for rural landowners.
Other Federal Laws Affecting Water Quality
The Rivers and Harbors Act of 1899
Surface Mining Control and Reclamation Act of 1977
Offshore Oil Spill Prevention Fund
Deepwater Ports Act .
Federal Aid to Wildlife Restoration Act
The Endangered Species Act of 1972
Rural Development Act
Water Bank Act of 1970
Fish and Wildlife Coordination Act
Water Resources Research Act
Maior State Water Quality Legislation
The Mining Act of 1971
G.S. 74-46 et seq.
This law requires the consideration of water quality in mining activities,
and that a permit be obtained for such activities.- Overall, mining must not
adversely affect wildlife, fresh water, estuarine or marine fisheries, violate
state standards for surface or groundwater quality, or result in substantial
deposits of sediments in streambeds or lakes or cause acid water pollution.
The state Mining Commission is established by this act and authorized to adopt
rules and regulations. Contact: Division of Land Resources-EHNR, 919/733-
3833.
The North Carolina Well Construction Act
G.S.,87-83 et seq.
This law applies to wells withdrawing at least 100,000 gallons of water per
day. It requires that wells be constructed so that groundwater contamination
is prevented. The Environmental Management Commission has.the authority to
adopt rules and regulations. Contact: Division of Environmental Management
EHNR,- 919/733-7015.

46
Certification of Wastewater Treatment Plant Operators G.S. 90A-35 et seq.
The purpose of this law is to protect the quality of the state's water
resources and to maintain the quality of receiving streams. The Environmental
Management Commission is authorized to classify waste treatment facilities;
require operator certificates,_ and monitor their operation. Contact:
Division of Environmental Management-EHNR, 919/733-7015.
Permits to Dredge and/or Fill in or about Estuarine Waters or State Owned
Lakes (G.S. 113-229
Under this law permits are issued for dredging and filling activities.
Permit applications will be denied if the proposed activity is found to have a
significant adverse effect on the use of the waters by the public; the value
and enjoyment of riparian property owners; the public's health, safety, and
welfare; the quality of public or private water supplies; and wildlife, fresh
water, estuarine or marine fisheries. The Coastal Resources Commission hears
permit appeals. Contact: Division of Coastal Management-EHNR, 919/733-2293.,
State Environmental Policy Act
G.S. 113A-1 et seq. -
The purpose of this law is to encourage the wise, productive, and
beneficial use of the state's natural resources without damage to the
environment. The act also encourages an educational program to create public
awareness of environmental programs and requires state organizations to
consider and report on environmental aspects and consequences of their actions
involving expenditures of public money. Contact: Department of
Administration, 919/733-7232. -
Sedimentation Pollution Control Act of 1973
G.S. 113A-50 et seq.
This act recognizes sedimentation as a major pollutant of state waters.
The act establishes the Sedimentation Control Commission and.authorizes it to
adopt necessary rules and regulations and implement a state program for
erosion and sedimentation control. The act also requires that erosion and
sedimentation control plans be submitted for activities that would disturb
more than one acre of land. Contact Division of Land Resources-EHNR,
919/733-3833.
The Coastal Area Management Act of 1974
G.S. 113A-100 et seq.
This act establishes the Coastal Resources Commission which sets policies
and standards for the North Carolina Coastal.Management Program. The Division
of Coastal Management Issues permits for development in the four areas of
environmental concern within the twenty coastal counties under the authority
of the commission. The commission sets construction standards and guidelines
to follow in determining whether or not a permit will be approved for
development within the areas of environmental concern, including the estuarine
system AEC.

47
Protection of water quality is one of the basic goals of the act and -the
commission's standards clearly state that development that would damage
coastal waters will not be allowed. Although water quality can be managed to
some extent through the permitting process, there are several activities that
the coastal program does not have the authority to regulate, principally
agriculture and forestry. Local governments, however, do have the authority
to guide activities outside the designated areas, of environmental concern -
land use planning and zoning are two of the primary methods for doing so.
Contact: Division of Coastal Management-EHNR, 191/733-2293.
Watershed Improvement Programs
G.S. 1309-16 et seq.
This law sets out procedures to be followed in connection with watershed
improvements or drainage projects.that involve channelization. The
EnvironmentalManagement Commission is responsible for carrying out the
provisions of this act. Contact: Division of Environmental Management-EHNR,
191/733-7015
_`Department of Environment, Health and Natural Resources Organization and
Powers Generally Related to the Control of Pollution G.S. 143B-282 et seq.
This statute defines the powers of the Environmental Management Commission.
Among other authorities, the commission can classify waters, adopt water use
standards, require water use permits, and require pollution abatement and
control measures.' Contact: Division of Environmental Management-EHNR,
919/733-7015.
Regulation of Use of Water Resources
G.S. 143-211 et seq.
The purpose of this statute is to conserve water resources and to maintain
conditions that are conducive to the development and use of water resources.
Under this act the Environmental Management Commission is authorized to
designate"capacity use areas" where it is found that the use of groundwater
or surface water or both requires coordination and regulation for the
protection of the public interest. Contact: Division of Environmental
Management-EHNR, 919/733-7015.
Water and Air Quality Reporting Act of 1971
G.S. 143-215.63 et seq.
This statute authorizes the Environmental Management Commission to require
all persons receiving a permit from the Division of Environmental Management
to file reports covering the discharge of wastes in state waters and to
establish and maintain approved systems for monitoring the quality -and
quantity of such discharges into the water. Contact: Division of. Environment
Management-EHNR, 919/733-7015.

48
Oil Pollution and.Hazardous Substances Control Act of 1978
G.S. 143-215.75 et seq.
The purpose of this law is to protect the public's health, safety, and
welfare by protecting land and water from pollution by oil, oil products, oil
by-products, and other hazardous substances. This law authorizes the
Environmental Management Commission to regulate oil discharges, oil terminal
facilities, and oil refining facilities. Contact: Division of Environmental
Management-EHNR, 919/733-7015.
Water Use Act
G.S. 143-215 et seq.
This law charges the Environmental Management Commission with the
responsibility of carrying out a program of planning and education concerning
the most beneficial long-term use and conservation of the state's water
resources. Contact:- Division of Environmental Management-EHNR, 919/733-7015.
North Carolina Pesticide Law of 1971
G.S. 143-Act 52 and 143-441
This law authorizes the Department of Agriculture to appoint a Pesticide -
Board that can adopt rules and make policies for programs to regulate the use,
application, sale, disposal, and registration of pesticides. Water quality is
a consideration of disposal regulations. Contact: Food and Drug Protection
Division -DOA, 919/733-7366.
Toxic Substances Act of 1979
G.S. 143-476(d)
This act controls the disposal of specific toxic substances: mercury,
plutonium, selenium, thallium, and uranium, PCBs, and kepone. This act makes
it a felony to dump, incinerate, or otherwise dispose of these substances in
water or land unless it is done in accordance with a federal or state law,
regulation, or permit. The Department of Crime Control and Public Safety is
responsible for coordinating state agencies' initial response to critical
toxic substance incidents. Contact: Department of Crime Control and Public
Safety, 919/733-2126.
Solid Waste Management Act of 1978
G.S. 130-Act 13B, 143B-142(b), 130A-294, and 130-166.30
This act establishes the Solid and Hazardous Waste Management Branch within
the Department of Human Resources as the single agency responsible for
implementing all state and federal legislation on solid and hazardous waste
management. The department is directed to engage in research, conduct
investigations and surveys, make inspections, and establishea statewide solid
waste management program. Authority is given to the Commission for Health
Services to develop rules for the establishment, location, operation,
maintenance, use, and discontinuance of solid waste management sites and
facilities. Contact: Solid and Hazardous Waste Management Branch-DHR,
919/733-2178.

49
Other State Laws Affecting Water Oualit
Federal Water Resources Development Projects
G.S. 143-215.38 et seq.
Right of Withdrawal of Impounded Waters
G.S. 143-215.44 et seq.
Floodway Regulations
G.S. 143-215.51 et seq.
Grants for Water Resources Development Projects
G.S. 143-215.70 et seq.
Regional Water Supply Planning Act of 1971
G.S. 162A-20 et seq.
Regional Sewage Disposal Planning Act of 1971
G.S. 162A-26 et seq.
Metropolitan Sewerage Districts
G.S.`162A-64 et seq.
Waste Management Act of 1981
G.S. 130A-290,et seq.
Hazardous Waste Treatment Commission Act of 1984
G.S. 143B-470 et seq.
County Regulations
Beaufort County Regulatory Control Zoning Ordinance. The County had,no
comprehensive zoning ordinance as of 1991.
Subdivision Regulations.A comprehensive subdivision ordinance for the County
was developed in 1980; but as of 1991 no subdivision regulations have been
adopted.
Mobile Home Park Ordinance. The County's current Mobile Home Park Ordinance
was adopted in 1975, and updated in 1986.
Floodplain Regulations. In February, 1987, County Commissioners voted to
participate in the Federal Flood Insurance Program. Within the 100-year
floodplain, new residential buildings must now be elevated above the .base
flood level; non-residential buildings may be flood -proofed instead.
Building Regulations. County building inspectors enforce the County's
building code. The County adopted a building code conforming.to the North
Carolina Building Code in July; 1985.
Noise Ordinance.' An -ordinance prohibiting loud, disturbing and unnecessary
noise was adopted in 1981.
Housing Code. As of 1991 no local housing code had been adopted.

50
Septic Tank Regulations. The County Health Department enforces regulations
(Title 10 of the North Carolina Administrative Code) controlling the
construction and siting of in -ground disposal systems.
Utilities Extension Policy. The County has an unofficial policy to work with
any municipality to assist in extending utilities to new development. For.
project funding, the proposal typically must demonstrate that projected tax
revenues will return the County's investment within a six -year period.
Storm Hazard Mitigation Plan. The County's hurricane evacuation plan -
Before the Storm in Beaufort County: Avoiding Harm's Way was prepared in
1984.
Land Use Plan. The County's current land use plan was prepared in 1987
according to the guidelines of the state's Coastal Area Management Act;
Transportation Plans. The County's transportation plan was updated in 1987.
The plan coordinates transportation services for human service organizations
including the County Health Department, the County's developmental centers,
the.Tideland Mental Health Center, the Council on Aging, and the Department of
.Social Services. Local residents with transportation needs - elderly,;
infirmed, handicapped or transportation -- disadvantaged -- are served by this
plan.
Capital Improvement Plan. The County's Capital Improvement Plan was prepared
in 1979 and updated in 1987.

51
Appendix I
Agencies Coordinating Storm Preparedness
The Town of Bath is responsible for reporting all of its activities
concerning storm hazard mitigation and hurricane preparedness with the
following agencies:
N.C. Division of Coastal Management
State Office•
Division.of Coastal Management
Department of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
[phone]
Field Office:
Office of Coastal Management
Department -,of Environment, Health and Natural Resources
1424 Carolina Avenue
P.O. Box 1507
Washington, N.C. 27889
[phone]
N.C. Division of Emergency Management
State Office•
Division of Emergency Management
Department of Crime Control and Public Safety
116 W. Jones Street
Raleigh, N.C. 27611
[phone]
Regional Office:
Area Emergency Management.Coordinator
N.C. Division of Emergency Management
607 Bank Street
Washington, N.C. 27889
[phone]
National Flood Insurance Program Information:
Flood Insurance Coordinator
Division of Emergency Management
116 W. Jones Street
Raleigh, N.C. 27611
[phone]

52
Federal Emergency Management Agency
National Office .
Federal Emergency Management Agency
500 C. Street, S.W.
Washington, D.C. 20472
Public Information [phone]
Publications [phone]
Regional Office:
Federal Emergency Management Agency
Region IV
1375 Peachtree St., N.E.
Atlanta, Georgia 30309
Public Information [phone]
Disaster Assistance Program [phone]
Flood Insurance Program [phone]

53
Appendix J .
Summary of Policy Statements
A. Resource Protection Policies
1. Development in areas identified with steep slopes (12% or greater)
should be restricted to large -lot single family units.
2. Development in areas identified with a relatively high water table or
other limitations upon housing foundations'or road construction
should be restricted to large -lot single family units.
3. Use of septic tanks for existing and future development projects in
identified areas of potential septic difficulty shall be discouraged.
4. Where hook-up to the Bath wastewater system is available, small-scale
development projects shall be required to hook up.
5. Small-scale development in areas identified as areas of potential
septic difficulty where hook-up to the Bath wastewater treatment
system is not available shall be large -lot single family units.
6. Large-scale developments shall be required to install and provide for
the operation and maintenance of on -site package treatment plants.for
treatment of waste generated by the development.
7. Bath recognizes the biological and ecological importance of coastal
wetlands and maintains a position of protection and preservation of
this invaluable natural resource.
8. Development in Bath shall not cause significant damage to natural
resources, including coastal wetlands.
9. All development projects shall limit the construction of impervious
surfaces and other areas prohibiting natural drainage to only the
area necessary to adequately serve the use of the lot.
10. All development shall provide for adequate stormwater collection and
drainage.to avoid stormwater runoff from entering any coastal
wetlands, surface water, or other fragile area.
11. All development projects shall meet or.exceed the standards of the
N.C. Sedimentation Pollution Control Act of 1973.
12. All development proposals must be within the strictest CAMA standards
set forth in 15 N.C.A.C. 7B and outlined in "A Handbook for
Development in North Carolina's Coastal Area" published by Division
of Coastal Management of EHNR.

54
13. The following uses shall not be permitted in or near any coastal
wetland or other natural resource: open dumping of waste, including
wastewater, dumping of trash, further development of commercial wet -
docking storage facilities, and multi -level dry docking storage
facilities.
14. The Town of Bath encourages and supports stricter enforcement of CAMA
regulations by CAMA permit officers, including regulation of
bulkheading.
15. The Town of Bath encourages and supports stricter enforcement of all
water quality regulations by the Division of Environmental
Management.
16. Bath encourages the reduction of agricultural nonpoint source
pollution (sediment, nutrients, animal wastes and pesticides) via
such means as conservation tillage, filter strips, sediment control
structures, etc.
17. Bath encourages and supports education and training workshops for all
citizens of Bath in coordination with EHNR and other groups whose
primary interest is protecting and preserving coastal wetlands and
other AEC's.
18. Bath encourages shoreline development setbacks and/or vegetated
-
buffers along the perimeter of fragile wetlands and water bodies.
19. Bath discourages any further development of commercial marinas.
20. Only "water -dependent" uses shall be allowed in coastal wetlands,
public trust waters, and other areas of environmental concern.
21. Bath discourages improper infilling and dredging of wetlands and
public trust waters.
22. The Town of Bath recognizes the environmental, aesthetic, and social
importance of public trust waters and maintains a position of
protection and preservation of and open public access to this
invaluable natural resource. -
23. The Town of Bath recognizes the right of all people of North Carolina
to use and enjoy the waters held in trust for their benefit by the
State; the Town also recognizes and accepts its role as protector and
regulator of the quality and safety of the public trust waters within
its jurisdiction.
24. Bath discourages alienation of any public trust waters to any private
transferee, or to any public transferee for purposes that are not
consistent with the Public Trust Doctrine as it is recognized in
North Carolina.
25. Development shall not interfere with existing public rights of access
to, or use of, navigable waters or other public resources.

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26. Bath encourages removal of all existing pilings in public trust
waters.
27. Bath encourages the opening up of .waters previously closed to fishing
due to low-grade classification.
28. Bath encourages use of public trust waters in an environmentally
sound manner and with regard to human health and safety.
29. Bath discourages expansion of phosphate mining operations in public
trust waters.
30. The Town of Bath recognizes the environmental and biological
importance of Section 404 Wetlands and maintains a position of
protection and preservation of this invaluable natural resource.
31. The Town of Bath encourages and supports stricter enforcement of
Section 404 regulations by EPA and Army.Corps of Permit Officers.
32. The Town of. Bath recognizes the importance of protecting the
groundwater in the Bath Planning Area since the main source of water
for the public water system and for individual private wells is the
Castle-Hayne Aquifer.
33. No development shall be allowed which would result in degradation of
the groundwater or cause a significant lowering of groundwater
levels.
34. The Town encourages all owners of individual wells to identify the
land area. Surrounding the wellheads and to remove existing and
prevent future incompatible land uses which could contaminate the
well.
35. The Town discourages phosphate mining activities which could lower
groundwater levels in the Bath Planning Area.
36. Bath recognizes the historical, cultural, aesthetic, and social
importance of its status as the oldest town in North Carolina and
maintains a position of protection and.preservation of.its.valuable
cultural,,historic, and scenic resources.
37. Development in Bath shall not cause major or irreversible damage to
valuable, documented historic architectural or archaeological
resources.
38. Whenever possible, development in and around Bath shall not take
place if unrecorded archaeological sites of historic significance are.
discovered.
39. Bath encourages compatible and discourages incompatible development
within Bath Historic District. Development within the Historic
District shall have architectural features in harmony with other
buildings in the District.

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40. Bath will protect and preserve the scenic beauty of the Town,
including natural and man-made areas. The entranceway to Bath from
the west across Highway 92 Bridge is especially important as an
attractive greeting to Town, and should be maintained as such.
41. Development shall,be of a proportion suitable to the Town; in no
event shall development be allowed to block or transform the scenic
vistas in the Town.
42. Bath opposes the expansion of military airspace in Beaufort County.
43. Bath encourages the voluntary filling of unused septic tanks.
44. Bath opposes all proposals for potential location of a nuclear energy
facility in the area.
45. Bath encourages the voluntary removal of all dilapidated structures.
Before demolition, however, every effort should be made to preserve
or restore the structures.
46. Bath encourages continued monitoring of the incidence of coliform
pollution in the Town's water system.
47. Bath encourages the use of package treatment systems for large-scale
development projects.
48. Bath prohibits further development of wet and dry storage marinas on
Bath and Back Creeks
49. Bath prohibits upland excavation for marina basins.
50. Bath prohibits floating home development on Bath and Back Creeks.
51. Open heads and discharge from boats on Bath and Back Creeks is
prohibited.
52. Dry stack storage facilities are prohibited in the Bath Planning
Area.
B. Resource Production and Management Policies
1. The Town of Bath recognizes the potential resource value of
productive agricultural lands, and maintains a position of protection
and preservation of agricultural lands located in areas designated as
"Rural" or "Conservation" on the 1991 Land Classification Map.
2. Lands identified as the most productive agricultural lands not
required for future Town growth are to be restricted from non-
agricultural uses.

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3. The Town of Bath.recognizes the potential value of commercial forest
lands, and encourages and promotes commercial forestry in appropriate
areas of the Bath Planning Area where forests are preferable to
residential and commercial development.
4. Commercial foresters should engage in best management practices (BMP)
for the industry including rapid re -planting when trees are cut, and
take other precautions to prevent erosion and run-off problems caused
by the forestry process.
5. The Town of Bath recognizes the potential value of commercial and
recreational fisheries, and maintains a position of protection and
preservation of nursery and habitat areas in order to maintain and
promote the commercial and recreational fishing industries. ,
6. Bath will take advantage of opportunities that arise for providing
access to public trust waters for recreational fishing, including
boat access where appropriate.
7. The Town of Bath maintains the position that thepossible negative
environmental effects of phosphate mining outweigh any economic
benefits that may be derived therefrom, and will discourage phosphate
mining operations within the Town's planning jurisdiction and
adjacent areas.
8. Bath encourages neighboring communities to develop policies
prohibiting expansion of the phosphate mining industry into their
planning jurisdiction.
9. The mining of phosphate and other substances is prohibited in.the
public trust waters of Bath.
C. Economic and Community Development Policies
1. Bath supports the expansion of existing industry and recruitment of
new industry that is environmentally safe.and compatible with.the
resource protection, water quality, and other environmentally -focused
policies contained in this Plan.
2. Light, environmentally safe industrial activities in the Bath
Planning Area 'shall be located outside the Town limits on appropriate
sites designated on The Land Classification Map for such purposes.
3. Large-scale, multi -family unit subdivisions are not a desirable type
of development in the Bath Planning Area.
4. Single-family, small scale first and second home development within
reasonable limits is to be encouraged in the Bath Planning -Area.
5. All residential development projects shall comply with policies
dealing with protection of natural resources and water quality
contained in this Plan.

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6. Bath wishes'to maintain and enhance .the availability of adequate,
housing for elderly and low-income persons.
7. Bath encourages -the development of -compatible restaurants, overnight
accommodation, and retail shops, particularly in the commercial
district.
8. Bath seeks to improve infrastructure and services to accommodate_
future growth in a controlled manner.
9. Bath encourages development for expansion of Town police and fire
departments, adequate collection and disposal of garbage,
improvements on streets and roads, and other services necessary for
current and anticipated future populations. -
10. Expansion of community services to moderate -size development projects
will be the financial responsibility of the -developer.
11. Bath will encourage that residential and small business. development
happen within Town limits before occurring out of .Town limits.
12. Large-scale development projects which will require provision of
substantial municipal services and cause a rapid -influx of population
will be scrutinized carefully to avoid possible adverse effects on
the Town.
13. Bath encourages the demolition of dilapidated housing and rebuilding
on vacant lots within the Town.
14. Bath encourages the rehabilitation and productive use of older.
structures,including Bath High School.
15. Bath encourages balanced development between historic and non -
historic properties.
16. Bath discourages commercial "strip" development in the Bath Planning
Area.
17. Bath will examine thoroughly any.potential..energy siting proposals,
including those for electric generating plants and inshore fuel
development of refineries, storage, and transhipment facilities,
before authorizing construction of to ensure compatibility of such
proposals with Bath's policies on protection of natural resources and
preservation of the Town's historic rural character.
18.. Bath opposes all proposals for potential location of a nuclear energy
.facility in the region.
19. The Town of Bath will promote tourism and controlled development of
the recreation industry.
20. Bath encourages and will continue sharing promotional efforts for
historic properties located in Bath with the State of North Carolina.

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21.- Bath recognizes the need for public access to the water for
recreational fishing, swimming, and boating.
22. Bath will preserve the scenic entranceway to Bath on N.C.-92 East
23. Bath encourages development of crafts/arts/cottage industries that
would appeal to tourism shoppers.
24. Bath will be alert to opportunities to provide.public accessways to
the waters of Bath and Back Creeks for recreational boaters,
fishermen and swimmers, including "urban waterfront" access.
25. Bath.encourages safe recreational use of the public trust waters
within its jurisdiction. .
26. Bath will maintain a balance between recreational use of public trust
waters and the need for water safety and water quality.
27. All -public access facilities sited.in or near public trust waters
must be designed to adequately fulfill parking needs (including
trailer space at boat launches) as well,as sanitation needs
(including drinking water, toilet facilities, and, if appropriate,
shower and dressing rooms) and refuse collection and disposal for the
maximum number of visitors expected daily during peak seasonal use.
28. All public accessways must meet or exceed state standards for site
location.
D. Continuing Public Participation Policies
1. Bath encourages participation in land use discussion by all sectors
of the population.
2. Bath will continue to educate the citizens of the Bath Planning Area
about issues facing the area regarding matters of resource
protection, resource production,community development, and storm
hazard mitigation.
E. Storm Hazard Mitigation Policies
1. The use of bulkheads along coastal waterways is to be avoided
wherever possible. Bath encourages strict enforcement by CAMA permit
officers of CAMA regulations regarding bulkheads
2. The building practices required by the N.C. Building Code and the
National Flood Insurance Program will be followed and strictly .
adhered to. Particular attention will be paid to the construction
standards dealing with the effects of high winds.
3. All new public structures built by the Town will be designed to
withstand the impact of coastal storms.

60
4.- All AEC's in the Bath Planning Area will be protected from
inappropriate development which would subject the natural resources
to increased risk from coastal storms.
5. Bath requires that the Erosion and Sedimentation Control Plan filed
with the EMC.be strictly adhered to.
6. Bath supports the local CAMA permit officer in discouraging the
construction of hotels, restaurants, and similar large commercial
structures in erosion -prone areas.
7. The most hazardous areas and those susceptible to severe flooding are
to be restricted to very low residential development, if they are
developed at all.
8. Bath encourages public acquisition of the most hazardous areas
whenever feasible in order to preclude all possibility of
inappropriate development by private landholders.
9. Bath will consider methods for acquisition of hazardous'areas that
are also appropriate for public accessways to the water.
10. The Town of Bath will work with the County to ensure that current
evacuation plans and routes for the area are the most effective and
as up to date as possible.
11. The Town will maintain Bath Elementary School as an evacuation
center.
12. New public buildings will be located and designed to provide
evacuation -shelter from coastal storms if the need for additional
shelter space is warranted.
13. The Town will encourage developers of multi -family projects and
hotels to provide evacuation shelters for the residents, employees,
and occupants of their facilities.
14. The Town of Bath will seek to increase public awareness of hurricane
and coastal storm preparation, including locations of evacuation
routes and shelter sites.
15. The Town of Bath will seek to increase awareness of and ensure
compliance with hazard mitigation building practices before
development takes place.
16. Bath will coordinate its educational efforts with and promote
educational programs by state, county, and federal agencies on
coastal storm preparedness.
17. The.Town of Bath will follow the guidelines set forth in the Beaufort
County Disaster Relief and Assistance Plan.
18. The Town will follow courses of action and ensure implementation of
its policies will compliment the County Disaster Plan.

61
19. The Town will integrate recovery and.reconstruction activities with
the broader set of planning goals -and objectives of the community.
20. Reconstruction following a disaster or storm related destruction
shall take place in accordance with policies existing at the time of
the storm. Development following a storm should have the same
characteristics of development allowed at the time of the storm.
21. While regulation of septic.tanks and package treatment plants are
within the jurisdiction of the County Health Department and/or the
State, the Town will urge that these facilities be designed and
located so that they will be less likely to be damaged, or cause
damage or serious inconvenience by flooding.
22. The Town will seek to prevent reconstruction of structures which have
been substantially damaged and are located in high hazard areas.
Where reconstruction of such sites is allowed to take place, it will
only be allowed at low density.
23. During reconstruction, the Town will.seek to relocate high density
structures away from high storm hazard areas
24. During reconstruction decision -making, the Town will seek to
encourage redevelopment patterns which recognize and utilize natural
mitigation features of the coastal environment. Redevelopment should
take into consideration any changes in natural conditions brought
about by the storm.
25. Bath will have a "Recovery Task Force" with designated members and
allocated responsibilities in place to deal with reconstruction
activities following a coastal storm or other disaster.
26. The Recovery Task Force will work with and coordinate its efforts
with all necessary county, state, and federal agencies.
27. During reconstruction, the Town will make every effort to develop its
capacity to identify and orchestrate various post -storm
reconstruction resources, while at the same time ensuring maximum
local control over the reconstruction process.
28. The Town will consider a moratorium on requests for amendments to the
Zoning Ordinance for an appropriate period of time following a
disaster.
29. The Town will explore the possibility of adopting a construction
moratorium which would be triggered by a disaster or major
destruction. The temporary moratorium on all new development would
remain in effect until all reconstruction in the Planning Area is
complete.

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30 The town will prioritize all clean-up efforts according to the
following schedule:
(1) Service facilities (electricity, water, sewer, etc.) should
be repaired first.
(2) Public facilities which could be used for additional shelter
should be repaired next.
(3) Roads and streets should be repaired next.
(4) A "worst damage" approach should follow afterwards.
31. During reconstruction, the Town will limit the construction of public
facilities and structures and the reconstruction of damaged
facilities and structures in high hazard areas.
32. Public facilities such as water,sewer, and roads will be extended or
rebuilt in damaged high hazard area only when absolutely necessary,
and -only to such size and degree necessary to serve the level of
density existing before the storm.
F. Water Qualitypacts and Long -Terms Accumulative Impacts of Development
1. For stated policies addressing the issue of water quality, see Policy
Sections on: Septic Tank_Use,.Coastal Wetlands, Public Trust Waters,
404 Wetlands, Water Supply Areas, Protection of Potable Water Supply,
Stormwater Runoff, Marina and Floating Home Development, and
Commercial and Recreational Fisheries.
2. The Bath Planning Board will scrutinize all proposals for development
projects to ensure the project will not cause long-term negative
impacts on water resources, considering the cumulative impacts of the
project and other existing and,approved projects.

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Appendix K
Bibliography
McElyea, William D., David J. Brower, David R. Godschalk. Before the Storm:
Managing Development to Reduce Hurricane Damages (Raleigh, N.C.: N.C.
NRCD, OCM, 1982).
Mantell, Michael A., Stephen H. Harper, Luther Propst. Creating Successful
Communities: A Guidebook to Growth Management Strategies (Washington,
DC: Conservation Foundation, 1990).
Mantell, Michael A., Stephen H. Harper, Luther Propst. Resource Guide for
Creating Successful Communities (Washington, DC: Conservation Foundation
1990).
Stegman, Michael A. Housing Finance and Public Policy (NY: Van Nostrand
Reinhold Co., Inc., 1986).
Todd, Rex, et al. The Land Use Plan of Historic Bath: 1980-1990 (Raleigh,
NC: Planning and Design Associates, P.A., October, 1985).
Alford, Terry W., et al. Land Use Plan of Historic Bath: 1986-1996 (Raleigh,
NC: Planning and Design Associates, P.A., March, 1987).
Richter,'Thomas B. et al. A Land Development Plan for the Town of Bath
(Raleigh, NC: June, 1977).
Zoning Ordinance (Bath, NC: February, 1991)
Todd, Rex et al. Planned Variations of the Proposed Wastewater Treatment
System (Raleigh, NC: Planning and Design Associates, P.A., February,
1984).
Todd, Rex et al. Before the Storm in Beaufort County: Avoiding Harm's Way
(Raleigh, NC: June, 1984).
Paciocco, Robert J., et al. Beaufort County 1987 Land Use Plan (Washington,
NC: Mideast Commission, December, 1987).