Land Use Plan of Historic Bath 1980-1990-1981

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1980-1990
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INCO2PORATQO 1703
•N•.N.
October 12, 1981
HISTORIC BATH
OLDEST TO'%V*% IV THE STATI:
HAM NORTH CAIMUNA 2-.b05
Mr. J. Parker Chesson, Jr.
Chairman
Coastal Resources Commission
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Chesson:
Pursuant to the public hearings held on August 17 and October 5, 1981, as
advertised in The Washington Daily News newspaper on July 15, and
September 4, 1981, this plan was adopted on October 12, 1981 with the attached
,amendments by the Commissioners of the Town of Bath.. We hereby submit it to
the Coastal Resources Commission for ycur certification review.
Sincerely,
z5F
Ray S. ooks,
Mayor
RHT/at
Attachment: adopted Amendments
y

THE LAND USE PLAN OF HISTORIC BATH: 1980-1990
BOARD OF COMMISSIONERS, TOWN OF BATH
Ray C. Brooks, Mayor
Judy Edwards, Mary Brooks, Gene Kirk, Ira Hardy II, M.D.
Pearson Chrismon, Town Administrator.
PREPARED BY: THE BATH PLANNING BOARD
James R. Edwards, Chairman
Erma Tankard, Rachel Tankard, O.J. Gaylord, Guy Cutler, Helen Brooks, Teeny
Mason, Ed Swindel
Pearson Chrismon, Town Administrator
WITH TECHNICAL ASSISTANCE FROM:
Planning and Design Associates, P.A.
3515 Glenwood Ave.
Raleigh, NC 27612 [phone]
Terry W. Alford, President
Consultants: Rex H. Todd, MRP, Project Manager; Nancy Lane, MA;
Terry Alford, MRP, AIA; Arden Holdredge, AICP;
Dick George, BS; Keith Wilder, B. Arch;
Graham Adams, MLA; Gina Moore; Janet Roberts.
The preparation of this plan was financed in part through a grant provided
by the North Carolina Coastal Management Program, through funds provided by
the Coastal Zone Management Act of 1972, as amended, which is administered
by the Office of Coastal Zone Management, National Oceanic and Atmospheric
Administration. The Town of Bath contributed cash and in -kind services.
Adopted by the Town Commissioners: October 12, 1981
Amended: August 9, 1982
Certified
by
the Coastal
Resources Commission: October 30, 1981.
Amendment
CRC
Certified:
August 27, 1982

LAND USE PLAN OF HISTORIC BATH: 1980-1990
Table of Contents
Section
Page
I.
Introduction
1
II.
Policy
Discussion, Selection, and Implementation Strategies
5
A.
Overview
5
B.
Resource Protection
6
C.
Resource Production
28
D.
Economic and Community Development
33
E.
Continuing Public Participation
46
F.
Other Specified Issues
48
G.
Consistency with Land Use Ordinances & CAMA Improvement
48
Plans and Budgets -
H.
Related Plans, Policies, and Regulations
48
I.
Intergovernmental Coordination and Implementation
49
J.
Public Participation
49
III.
Land
Classification Map and Policy Relationships
50
IV.
Information Base for Policy Discussion
56
A.
Establishment of Information Base
57
B.
Population and Economy
59
C.
Existing Land Use Analysis
62
D.
Current Plans, Policies, and Regulations
68
E.
Constraints: Land Suitability
74
F.
Constraints: Capacity of Community Facilities
77
G.
Estimated Future Demand
79
V.
Appendix
81
1.
Areas of Environmental Concern (Regulations)
82
2.
Letter Authorizing the Plan
91
3.
Citizen Survey Questionnaire
92
4.
OCM Checklist for Land Use Plans
97
5.
Synopsis
101
6.
Archeological Sites
106
7.
Phosphate Leases and Cross Sections
107

LAND USE PLAN OF HISTORIC BATH: 1980-1990
List of Exhibits
EXHIBIT
Fragile Areas Map
Community Facilities Map
Existing Land Use Map
Map of High Water Table and Poor Drainage
Historic District Map
Hazard Areas Map
Hurricane Routes and Shelters Map
Map of Flood -Prone Areas
Phosphate Deposit Map
Land Classification Map
Land Design Map, 1990
Citizen Survey Letter
Existing Land Use Map
Historic Properties Map
Archeological Sites
Phosphate Leases and Cross Sections
PAGE
7
14
16
18
21
23
26
27
30
51
52
58
63
65
106
107

N I. INTRODUCTION:
A. Why plan for Bath's future?
The Town of Bath, incorporated in 1705, is the oldest town in North Carolina,
located at the confluence of Bath Creek and Back Creek in central Beaufort
County.
Bath has played an important role since English colonists first began to
settle 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.
That scenic setting at the juncture of the creeks and the historic heritage
of the Town still make Bath a pleasant year round home for 184 people (1980
final census counts), and it lies at the center of a township which holds
another 3300 people. The natural beauty and good recreational and commercial
fishing..attract others to Bath on a.seasonal basis and provide an opportunity
for growth for this small farming community.
Because of its role in history and its function in today's tourist/recreational
economy, the Town of Bath has double incentive to plan seriously for its
future. The Town Board of Commissioners, through its Planning.Board, has
been about such work for several years. Already in place are impressive
community planning elements such as the 1977 Land Development Plan, its
companion Zoning Ordinance (1979) which includes a Historic -District Ordinance,
and the development of this, the 1981 Land Use Plan prepared under the NC
Coastal Area Management Act. The Town has established and zoned a one -mile
planning jurisdiction, which also serves as the planning area for this document.
The Town participates in the county's solid waste disposal program, has hired
a Town Administrator, and is beginning work to leverage private and public
funds for development.
The Town realizes that if it is to provide for its present and future citizens,
Bath must systematically tackle some increasingly complicated problems,
including:
How to promote more farming, attract light industry and stimulate
busin-2ss and local employment.
How to improve the water system and treat wastewater to provide better
service to townspeople and future development.
How to guide and encourage development of second homes and other
recreational projects in the area without harming the Town's
natural and historic character.
It is in wake of these challenges that the Town Board offers this 1981
CAMA Land Use Plan.

The purpose of this Land Use Plan 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 phosphate mining and other types of
development, it is absolutely not the intent of this Plan to deny any legally
vested development rights currently held by individual land owners. Examples
of such rights include all rights granted by existing zoning as a matter of
law or substantial change in position (action) on a permit already obtained.
The Planning Board could decide to consider the mere acquistion of permit
as the point of havfng such rights, but is not required to do so. It is the
objective of this plan to guide the growth in and within one mile 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. What is the Bath Land Use Plan?
This document, then is the pivotal statement of policy for use by local,
state and federal officials in decisions regarding Bath's development over
the next 10 years. Additionally, it is an important piece in the Land
Planning efforts of Beaufort County and an important element in the state's
plan for the rational and coordinated management of coastal resources.
The Coastal Area Management Act establishes a base for protection of areas
of statewide concern within the coastal area. In the Bath planning
district, Public Trust Water and Coastal wetlands (marshes) have been
designated for such protection and are addressed specifically in Section II
below. The Act also, through its guidelines for land use planning (15 NCAC
7B), sets forth important principles of land use planning which have been
emphasized in this document:
1. This plan has environmental protection as a priority in its
own right, while at the same time, advocates appropriate
economic and community development.
2. This plan is based upon real
planning process, through the
survey and public meetings.
3. This plan has a strong action
as desired situations toward
Board are willing to work.
citizen participation in the
Bath Planning Board, citizen
orientation. Policies are stated
which the Town Board and Planning
4. This plan is a sound basis for continuation of earlier work in
Bath to improve the community for those who live and visit
there.
5. This plan is designed for continuous improvement as new information
becomes available. It is to be updated at least once every five
years, and more frequently, if required by the Town Board, under
advisement of the Planning Board.
ft

3
Based upon these principles, then, Section II goes directly to the heart,
of the Plan --policy discussion. Here, a brief description of issues,
alternative policies, chosen policies, and implementation statements is
presented.
Section III features the Land Classification Map which translates these
policies into future desired land use patterns and discusses the relationships
between the Land Classification Map and the policy statements in Section II.
Section IV presents in more detail the information base upon which the
policies and Land Classification Map have been developed. The elements of
this section are outlined in the Table of Contents.
Finally, Section V is an appendix which presents exhibits regarding submission
and adoption of the Plan. A synopsis of this Plan is provided on page 101.
Before getting into the policy discussion, it is important to review.the
uses of this document. After all is said and planned, it is only the use
-of this document which will make it a reality in the Town of Bath and its
planning area.
C. What Are the Uses of the Land Use Plan?
Land use plan which are prepared by local governments in the coastal area
are distributed widely, and have many uses. Those reviewing and using the
plans are local governments, regional councils of government, state and
federal permitting agencies and public and private funding and development
groups.
The discussion of policies, the land classification map and the relationship
of the two serve as the basic tools for coordinating policies, standards,
regulations and other government activities at the local, state and federal
levels. The coordination is described by three applications:
1. The policy discussion and the land classification map encourage
coordination and consistency between local land use policies
and the state and federal governments. The local land use plans
are the principal policy guides for governmental decisions and
activities which affect land uses in the coastal area.
2. The local land use plans provide a framework for budgeting,
planning and for the provision and expansion of community
r
facilities such as water and sewer systems, schools and roads.
3. The local land use plans 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.

4
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 plans should provide guidance in local policy decisions
relating to overall community development. The plans also provide the basis
for development regulations and capital facility planning and budgeting.
By identifying how the community prefers to grow, land use plans help to
assure the best use of tax dollars as public utilities can be extended
to areas designated for development necessitating public services.
Regional Uses - The regional coucils of government or planning and development
commissions use the local land use plans as the basis for their regional
plans and in their function as regional clearinghouse (A-95) for state
and federal funding programs. The local plans indicate to these regional
agencies what types of development the local communfty feels are important
and where the development should take place.
State and Federal Government Uses — Local land use plans are used as the
major criteria in granting or denial of permits for various developments
within the coastal area. State and federal agencies must be sure that their
decisions consider the policies and land classification system which are
described by the local governments in their plans. The Coastal Area
Management Act stipulates that no development permit may be issued if the
development is inconsistent with the local land use plans. 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. State
agencies also use the plans in thier A-95 review. 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.

S
II. POLICY DISCUSSION AND STATEMENTS
A. Overview.
"Policy"is most simply defined as an expressed set of adopted statements
which are to be used to guide future decisions. Taken together, and
adjusting them for interrelationships, pclicies constitute a broad develop-
ment direction for the future and may be embodied in the heart of the plan.
The following policies, then, represent desired states or "goals" towards which the
Board of Commissioners and the citizens of the Town of Bath are willing
to work. These particular policies were chosen after careful analysis of
the 1977 Development Plan, published data, responses to the citizen survey,
analysis of current plans, policies, and programs, and work sessions of
the Town's capable Planning Board. From this work, issues were identified,
prioritized, and shaped by the Planning Board, and preferred policies were
selected.
Their work is presented below in the five major categories of policy
discussion outlined by the Coastal Resource Commission: resource protection,
resource production, economic and community development, citizen participa-
tion, and special issues.
For each issue, this section presents:
a definition of the scope and summary of the importance of the
issue in the locality (more detailed information may be found
in Section IV).
the alternative policies that have been considered for the
issue.
a description of how the local policy will be implemented.
With this understanding, we turn to the first category of issues, Resource
Protection.

A
B. Resource Protection.
In accordance with the CAMA guidelines for land use planning, the following
issues are identified for policy discussion within the resource protection
category for the Town of Bath:
Areas of Environmental Concern (Coastal Wetlands and Public Trust
Waters)
Constraints to Development (Water Quality, capacity of Water System,
inadequate wastewater treatment, unsuitable soils)
Specific'Local Resource Development Issues (Phosphate mining)
Other Hazardous or Fragile Land Areas (Cultural and Historic
Resources),excessive erosion, man-made hazards, prime farm lands
Hurricane and flood evacuation needs and plans
1. Areas of Environmental Concern.
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."
Through a subsequent nomination process, interim areas of environ-
mental concern (IAECs) were reviewed by the Coastal Resources
Commission and 13 categories of AECs were proposed for final
designation. These are explained in detail in 15 NCAC 7H.
As recognized through field observation with David Gossett, the
NRCD Field Consultant for Beaufort County, the following map shows
the two categories of AECs in the Bath planning jurisdiction:
Coastal Wetlands and Public Trust Waters.

TOWN OF
BATH
B AUFORT COUNTY, NORTH CAROLINA
ca JANUARY, 19G1
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FRAGILE AREAS 17"1"1 WETLANDG(dARSNEs) NOTE: This mop is intended to Indicate general location of
AEC's only. Actual specific location may be determined
® PUeL1C TRUST WATERS only through Site inspection.
` ICALE 1*- 1600'
1
370 750 I300 3000
()PLANNING 4 DESIGN ASSOCIATES.!A.•RALEIGN.N6•JANUARY 1911.
RVIOEP-JULY,PIZ

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 shell
fish and waterfowl and other wildlife feeding and nesting. (See appendix for
excerpt from CAMA regulations, page 82).
Currently, protection of the marshes has been achieved through thoughtful
monitoring of bulk -heading and enforcement of permit authority by the CAMA permit
officer. This level of concern should be maintained in the future.
Alternative policies considered by the Bath Planning Board toward dealing with these
areas included: listing specific uses which would be appropriate and inappropriate
in each AEC; closely monitoring further development in the AEC's; and
the policies presented on page 9.
The second type of AEC in the Bath planning area is public trust waters. As
encompassed in Section .0207 of 15 NCAC 7H, public trust waters in Bath
essentially means all navigable waters, that is, all the waters of Bath and
Back Creek. Such waters are important to the Town, as well as to the CRC,
because the public has access rights (see page 45) 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. (See appendix page 84).
With specific regard to public trust waters, the Planning Board discussed
alternatives including not developing any additional commercial piers or
marinas in the planning areas; allowing no additional ski ramps in the public
trust waters; taking no official action through Town ordinances toward
improving such access to the public unless adequate funding, parking and
policing could be obtained and the policies chosen on pages 9 and 45.
The extensive use of the public trust waters for recreation, plus the effective
regulation of permitted uses around the marshes lead the Planning Board
to recommend policies which support the tourist trade and promote the area
outside the Town as a choice site for second or recreational homes. The Board
chose the following policies which stimulate desirable uses rather than stifles
development altogether:

a
Goal To safeguard and perpetuate the biological, social, economic,
and aesthetic value of the coastal wetlands and public trust waters
inside the Town of Ba0 and its planning area.
Objective 1:
To permit only those uses in coastal wetlands which are demonstra-
tively consistent with the goal in the following priority:
conservation; development activities which require water access
and cannot function elsewhere.
Given that areas of environmental concern cross the boundaries
of the zones now established in the Town Zoning Ordinance,
stress consideration of these AEC protection policies in
the Board of Adjustments deliberation on applications for
development. Incorporate Section .0205 of 15 NCAC 7H into
the town's zoning ordinance. " ditionally prohibit in salt
marshes and other marshes all uses which, by their design, may
destroy the marshes.
Objective 2:
To prevent significant increase in the pollution of Bath Creek and
Back Creek along the public trust waters (and shorelines, although
the shorelines are not AEC's themselves).
Implementation Strategies.
Based on the use standards in Chapter 7H of the CAMA regulations,
the Planning Board shall monitor all proposals for development
which require CAMA permits and submit prepared statements, if
appropriate, to the proper CAMA officer.
Review all proposed uses including those already normally per-
mitted as outlined in .0207 of subchapter 7H. The unpermitted
uses listed in .0207 shall not he permitted in the Bath planning
area nor shall the following: open dumping of waste including
wastewater, dumping of trash, or improperly operating motor
driven LLats which contribute gas and oil pollution to the
public trust waters. Prohibit all commercial wet docking storage
facilities in Bath or Back Creeks. Multi -level dry docking storage
facilities are to be discouraged.

lU
Establish a local ordinance enforcing the existing requirement (by the health
department or the coast guard) prohibiting dumping as referenced immediately
above. This ordinance should also require the installation of a pump -out
facility either fixed or mobile, at all commercial piers and marinas. In
addition to a pump -out facility said ordinance should require availability
of an adequate receiver into which raw sewage from the pump -out facility
will be transferred. Acceptable receivers include a waste pipe connected
to a septic tank or to a privately or municipally owned and operated
wastewater treatment facility which has been properly approved by the agency
having jurisdiction over such systems. Such jurisdiction may be the Beaufort
County Health Department, N.C. Division of Health Services or Division of
Environmental Management. Assurance of availability of pump -out and treatment
as described above is the responsibility of the developer.
Develop a program for removing existing impediments in the public trust
waters, particularly the pilings in Back Creek at the location of the con-
struction of the new bridge. Assistance from the North Carolina Department
of Transportation should be acquired in pulling up those pilings.
Permit future development of commercial piers and marinas only in areas desig-
nated as "transition mixed" or "rural -commerical" on the Land Classification
Map on page 51, and there only in districts officially zoned B-2 on the Town's
Official Zoning Map. Any rezoning designated for the development of commer-
cial piers and marinas should be so zoned only after giving the highest
priority to the Goals and Objectives of this plan. Further require that
development of marinas and piers be consistent with paragraphs (5) and (6)
of 15 NCAC 7H, Section .0208 (paces 89 and 90 in the Appendix of this
document) except that commercial wet docking storage facilities are prohibited,
and multi -level dry docking storage facilities are to be discouraged.
In zoning area of Bath, marinas are defined as private, commercial, or public
places which provide facilities for the launching and recovery of boats or
provide any of the following uses: launching facilities and accessory uses
which are limited to restaurants, boat rentals and sales and service, and
water -related recreational facilities. Excluded from this definition are
residential boat ramp facilities allowing access only and none of the permitted
uses enumerated in this paragraph.
Prohibit improper drainage of waste (except water) in any zone in the Town's
zoning ordinance, particularly those which include AECs.
Amend the Town's Zoning Ordinance to add the following condition to the
"Dimensional Requirements, Minimum Side Yard Requirements," for each zone:
Minimum side yard 15 feet.... Under this provision the property line shall be
considered the recorded line on the land plus the imaginary extension of that
property line: from the point at which the property touches the Creek's high
water mark, to the middle of the main channel. Under this provision, piers
may come no closer than 15 feet to this imaginary line at any point, including
the "T" or other pierhead."
Develop an ordinance which prevents the unattended mooring of boats within
the public trust waters for longer than a 7 day period. The ordinance although
it might be difficult to enforce, should state that such moorings present safety
hazards for boat traffic and otherwise inhibit the free access to this public
trust area. This allows for emergency situations, weather or storms, and a
reasonable use by all, of the public trust waters. For safety sake, all
unattended boats should abide by all Coast Guard regulations and common sense
practices.
r.
L.

11
2. Constraints to Development.
a. Water Quality.
For several years, the Town of Bath has experienced coliform bacteria
contamination of the Town's water supply. According to the regional
office of the state Department of Health Services, Environmental Health
Section in Greenville, contaminate levels indicating "the need to make
the public aware of potential health problems" were found in July, August,
and December of 1979 and May, June, and July of 1980. Because the nature
of the samples indicate either a positive or a negative reading, it is
impossible to determine a quantified level of the problem.
The Health Department and Regional Environmental Health indicate that this
problem could emanate from septic tanks and possibly from wildlife migration
over the area. Also, because of the high water table and soils in certain
portions of Bath, coliform contamination could have seeped into the water.
system through simple functions such as repair of broken water mains, and
even hand -to -sample contamination during the actual taking of the survey.
Because of a four to five day lapse between taking the sample and analysis,
it is extremely difficult to determine what the cause of the prcbiem has been.
While the Town has found need to notify its population through newspapers
(in conformance with the State Clean Water Act), at no time has instruction
for boiling been rendered. The Regional Office of Environmental Health,
eased upon its data, indicates that the level of contamination is not an
alarming problem in the Town. However, discussions at the Planning Board
meetings indicate that there is considerable concern among the Town's
population regarding the taste of the water and the inconvenience of having to
deal.with this problem.
As indicated by the designation as a "potential health problem", the persistence
of this issue could reduce attrativeness for development and result in further
health danger to the citizens of the community.
Alternative policies considered include ignoring the problem, since it presented
only a "potential threat"; undertaking improvements to the water system itself;
developing a wastewater system which would partially eliminate bacteria in the
surface; and seeking improved surveillance by the County Health Department and
Regional Department of Environmental Health. Because of the activity already
underway at the County and Regional level, the following short -run policies were
selected:

12
Goal: To reduce the incidence of coliform pollution in the community's
water system. r
Objective•
To engage authorities of the County Health Department and the Regional
Office of Environmental Health in ascertaining the cause of the coliform -
contamination in acquiring their assistance in the design of the solution.
Implementation Strateqies:
Continue existing monitoring process of sampling -the system and taking
system -wide corrective measures including flushing mains and
resampling as needed. Monitor the movement of septic tank effluent
into Bath and Back Creek and into the local groundwater.
Approach the County Health Department and the Regional Office of
Environmental Health for a dye study or a series of wells to determine
whether septic tanks are a main part of the coliform problem.
Determine the cost and benefits of developing a sewer system which
would prevent the additional deposit of human waste into the surface
of the Town of Bath, thereby reducing the probability of coliform
bacteria pollution upon this repair of the water system. Submit a
grant request to CAMA to finance this preliminary study.

v
13
b. Condition.and Service Area of the Town's Water System.
The following map of community facilities shows Bath's water distribution system.
As discussed in Section IV below, the system is operating only at 9.7% of
full capacity, representing considerable capacity for accommodating future growth.
However, complaints presented to the Planning Board and interviews with the Regional
Office of Environmental Health indicate that the water system acts as a constraint
to development in another manner.
Because of anticipated need for repair, an additional new well is needed within the
next eight years. Maintenance is needed on the water plant facility, particularly
on the areation tower. The tower has an extremely damp atmosphere and it almost
requires a full time carpentry program to keep the building in shape.
In addition to lack of maintenance, the water system suffers from gaps in service.
The Regional Office of Environmental Health suggested that performance may be.improved
by connecting the system along NC 92 and along Bowen Ave. so as to accommodate choice
development nearby. The Planning Board concurred with the latter suggestion, since
commercial and residential development is to be encouraged in those areas,
respectively. This "connecting" would require 360,000 inch/ft. or about 7,200
.feet of 6-8 inch pipe.
Alternative. policies considered included allowing the water system to continue as
it is until the well fails and the areation tower falls down; to develop a full
time company program to maintain the areation tower; to take measures to acquire
funding for maintaining and connecting the system between now and 1990.
Goal: To adequately provide water service to the residents of Bath.
Objective:
To meet the maintenance and development needs of the water system between
1981 and 1989.
Implementation Strategies.
Work with the Regional Office of Environmental Management to determine
the measures required to upgrade the primary water system in the Town
as it now exists. Develop a scenario for improving the system with regard
to development needs over the next ten years, in accordance with the CAMA
land use plan. Determine the sources of coliform bacteria contamination
before new construction begins.
Acquire technical assistance for a feasibility study of the Town's
application for a state clean water bond grant to undertake the
necessary improvements for the Town's water system. This should focus
upon the revenue sources of the Town for the projected period and cost
upon the Town's citizens of the improvements. Because N.C. law requires
annexed areas to be•served in the same manner as the rest of the town,
financial impacts of serving potential annexations should be considered
in this feasibility study.

TOWN OF
BATH
FORT COUNTY, NORTH CAROLINA
// JANUARY, 1981
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COMMU; NTY
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FIRE DEPARTMENT
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DUM►STER
QPLANNINO 4 DESIGN ASSOCIATE *.*A. - RALEIGH.MC.•JANUARY• I941.
gepr r.r. JU!',

15
c. Inadequate Wastewater Treatment.
Contrary to what is shown on the existing land use map which follows, the
amount of area inside the Town limits for development is critically 111nited.
This is even further constrained by the requirement for 20,000 square feet
for lots which have a septic tank and a well and is tight also in areas which
require only 10,000 square feet on public water. As the Town grows inside
the limits, the soils will eventually prohibit further development because
of high water table and poor drainage.
In lieu of substantiating data with information regarding the leaching of
septic tanks in the past, the Town assumes that part of its coliform pollution
problems is from septic tank disruption. Such disruption has been evidenced
by leaching into the public trust waters. As mentioned above, rupture of the.
water system into the polluted surface (not sub -surface) is suspected as a
primary cause of coliform pollution.
Discussion with the Regional Office of Environmental Health indicates that
the sanitary conditions of the Town could be improved through establishment
of a sewer system which would reduce human pollution to the surface.
Alternative strategies considered by the Planning Board in order to increase
density shall include: 1) the continued use of septic tanks requiring hook-up
to public water; 2) utilization of "package" sewage treatment facilities;
and 3) developing a wastewater system for the Town of Bath.
Goal: To adequately handle the wastewater in the Town of Bath.
Objective•
To provide adequate public facilities for wastewater treatment
in the Town limits through the year 2000.
Implementation Strategies
To acquire technical assistance in the feasibility study of
developing an innovative and alternative waste treatment
system with related financing. This study should involve
contacts with the N.C. Office of Environmental Management
to determine the timeliness of EPA funding, the availability
of Farmer's Home funding for conventional systems, and cost
impacts upon the Town. Such assistance is estimated at
$26,000. The cost (local share) of such a system is estimated
at $113,000 with an anticipated financing from FmHA or the
state's wastewater treatment bond program.
Contact the environmental management section of NRCD in
Raleigh to determine the feasibility of the Town's application
for a wastewater grant.
To establish contact with an engineer for the initiation of
work assuming positive findings in feasibility studies related
to (a) and (b) above.

16
. t:� t� Wri OF: .;i•.�:•ar
BATH
FORT COUNTY,stNORTH CAROLINA
Y• J �I .!^iJ. J. JM�StVJ � � tif.`` '��A. �' ... .,�y n,. ��.(.���i "`.A.
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T)'1 w.3 �:? �rJ i� .:,r •� ♦. '--- � ..S�jfr�+ .Y w. L ti �
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- - Q)rL A 31r1%0 ) 0_I�A� A210CIATt t,LA.• RALtIt M..f_-JAN ANY. 1201.

17
d. Soils.
As shown on the following map, certain parts of the planning area present
limitations to development from high water table and poor drainage. While
the Planning Board recognizes the limitations for septic systems, building
and road foundations, and also in view of the fact that the State of North
Carolina and Beaufort County already have set up prescribed procedures for
the location and installation of septic systems, the Board will leave these
decisions to the county and the state.
Alternative policies considered by the Board range from designating areas with
particularly poor drainage and high water table as "conservation" thereby not
allowing their development and thereby foregoing public health problems; doing
nothing; directing improvements like water and sewer away from areas which have
poor soils, thereby directing higher density development toward better soils; and
requiring alternative on -site wastewater treatment in areas of "potential difficulty"
(i.e. after more detailed analysis of areas mapped on page 18).
Goal: To direct development with proper consideration of soils.
Objective:
To acquire such information as rapidly as possible for incorporation
into future planning efforts.
Implementation Strategies.
Approach the District Soil Conservation Service in Washington, NC, and
ask that they reset priorities for finishing the current detailed soil
survey so that the planning districts and area inside incorporated areas
are considered first before addressing unincorporated areas.
Upon completion of the land use plan, write the requirements for
consideration of soil types into the Town's zoning ordinance so that
decisions regarding public health, such as septic installation, can be
based upon soil type in conjunction with other methods such as
percolation tests.
To limit development where soils have a particular high water table
or have particularly poor drainage as noted on the following map.
Require that these areas be taken into consideration in the application
of the Town's zoning ordinance.
V'

V.
LitlAftrlRl O[IIIN A1I0CIAT[1,LA.•'AL[HR,RQ•JARVART, 1v.

19
3. Specific Local Resource Development Issues: Prime Farm Lands.
As determined during analysis of available but dated soils data, none of the land
within the one mile district is considered "prime farm land". However, as
noted in the Planning Board discussions, all the land in the area has good
crop growing characteristics.
This resource is worth good management. Parts have already been planned
for corrunity development near the outdoor drama north of Bowen Avenue,
while other land is reserved for other cultural use inside the Town limits,
thereby limiting community and economic development inside the Town.
Without proper designation of such areas,the Town will have no basis for
directing the preservation, production, and development pressures it faces
in the future.
Alternative policies considered include adopting the land classification
map clearly designating "rural" areas so as to protect "prime farm land"
and maintaining the status quo.
Goal: To appropriately preserve.farm land in a manner which also
accommodates the best mix of other uses in the Town limits and inside
the one mile area.
Objective:
To develop an active strategy for protecting "prime farm land
Implementation Strategies:
(1) Adopt the land classification map which can set aside such
"prime farm land" as rural -agricultural.
(2) Re -institute the land design map in the 1977 plan (as amended)* which
shows agricultural land inside the Town designated for
residential development in the future. Develop positive
strategies such as taxation or provision of public facilities
or public acquisition and sale of this land in order to
stimulate development in the downtown.
K *This map is shown in Section III, page 52, as "the Land Design Map: 1990"
which shows specific types of land use desired by the Planning Board.

4. Other Hazardous or Fragile Land Areas. 20
a. Cultural and Historic Resources.
As shown on the aforementioned map of existing land use (page 16), and in the
inventory of historically significant properties (see Section IV), such resources
are.critical to -the Town's identity as North Carolina's oldest incorporated Town.
The historic heritage of Bath has been protected and preserved by the efforts of
the North Carolina Division of Archives and History, the advent of the outdoor drama,
the acquisition and restoration work of the Bath Historic Properties Commission, the
establishment of the Bath Historic District (see map page 21) and the related
Bath Historic District Commission, the oversight of the State Historical Commission,
and the incorporation of -the Bath Historic District into the Town's zoning ordinance.
While the most visible evidence of the Town's history is embodied in the historic
structures of Bath, there is an equally valuable historic resource contained in the
archeological sites within the Town limits and the one -mile planning area. The
N.C. Division of Archives and History has recorded nine archeological sites in and
around Bath (see Appendix 6, page 106 for site location numbers and descriptions
of cultural affiliations). There is also a potential for other unrecorded.
archeological resources in the area.
The citizens of Bath place a high value upon the preservation of this historic
character. Failure to sustain protection through enforcement and promotion will
cost the state and the community valuable and irreplaceable resources.
Alternative policies considered by the Planning Board range from incorporating
new state and federal controls to adopting new local procedures, in addition to
maintaining the existing mechanisms.
Goal: To guide development so that.it protects the historic properties and
archeologgical sites in Bath and perpetuates the historic cha.racter,'atmosphere,
and.aesthetics of the Town and its one -mile planning area.
Objective:
To bolster protection and restoration efforts in the historic district as
a revitalization strategy by 1985. Control development in the planning area
so that it is in keeping with the historical character and aesthetics of area.
Implementation Strateoies.
Develop better coordination with the N.C. Division of Archives and History
regarding its activities inside the Town limits and the jurisdictional
questions related to the Town's land use plan and its local ordinances,
particularly the Historic District and its Commissioners.
Increase the Town's financing of the outdoor drama.
Where appropriate, make use of investment tax credits, rapid amortization,
and accelerated depreciation benefits to private owners of historic properties.
Enhance the use of the powers of the Historic District Commission
and the Planning Board for the preservation of historic structures and �'
archeological sites and develop oversight procedures for use by the Planning
Board so that future policy decisions will assure the protection of
both known and unrecorded resources.
Promote commercial adaptation of historic properties as needed for
restuarants and guest- homes as designated in the transition and developed
sections of the Land Classification Map.

M
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m
TOWN OF
BATH
B AUFORT COUNTY, NORTH CAROLINA
JANUARY. 1961
I��c
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CN',�/\1 HISTORIC DISTRICT
,CAL[ 1•6 1500•
0 a96 730 1300 1.
_.-5000 .
21
'•IANMIN� � OCn�w eaavc�r�a.•:�-,.........• .. -.. .__...

22
b. Man-made Hazards.
As shown on the Hazards Map, the major man-made hazard in the planning district
is dilapidated structures. Others include one unauthorized dumping site, evidence
of previous leaching septic tanks, pilings in the creeks' shallow un-bouyed
waters, areas which have flooded, and excess erosion areas.
The Planning Board is conducting a voluntary demolition effort to rid the Town
of dilapidated structures. However, the Planning Board felt that this issue
should be formalized through the CAMA Land Use Plan. Within the Bath Historic
District there were found to be seven (7) dilapidated structures. There is
presently no Tocal means of judging whether dilapidated structures in Bath
are pivotal or contributing to the overall character of the Bath Historic
District, according to the standards of the N.C. Division of Archives and
History and the National Register of Historic Places. Without an assessment
of historical significance, the process of identification and demolition of
dilapidated structures could serve to destroy buildings which are important
to the historical fabric of the Town.
Toward dealing with all these hazards, alternative policies were identified
which include leaving the demolition/elimination to the individual property
owner, using the Town's ordinance powers where appropriate to speed rectifi-
cation of the problem, or allowing the hazards to continue to exist.
Goal: To rid the Town of man-made hazards, especially dilapidated structures.
Objective•
To equip the Town to deal with the current structures and to better deal
with man-made hazard issues which might accrue in the future.
Implementation Strategies.
Continue voluntary program of demolition and hazard removal, under
supervision of Planning Board. Assistance should be requested of the
N.C. Division of Archives and History for assessment of the historical
significance of all properties now designated as dilapidated, or so
designated in the future. Every effort to preserve, restore, or
rehabilitate all dilapidated significant properties should be
undertaken by the Bath Historic District Commission with the assistance
of the Planning Board and the Town Council.
Use the state buildings code regarding the establishment of a county
or town ordinance which would equip the Town to put a lien on the r
property and thereby recover the cost of demolition in order to have
the lien removed.
Work with the Corps of Engineers, the Beaufort County Health Depart-
ment and other appropriate agencies to develop policies and or ordinances
to equip the town to eliminate the hazards (in addition to dilapidated
buildings) shown on page 23 and to prevent such occurrences in the future.

23
TOWN OF
BATH
•
B AUFORT COUNTY, NORTH
CAROLINA
I„ .
_
to
JANUARY. 19.1
a
h
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V
b
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e
HAZARD AREAS
®
DILAPIDATED NUILDIN•!
!MALLOW WATER,NOTJOUYED
N
A
UNAVTMORI:ED DUMPIN/
I4 PLOOO AREA
-
LEACNIN! Of SEPT[O! NI PAST •�.. EXCE/O EROSION
SCALE I*- IS00'
'
•••
PILINOS IN CREEK
Q/LANNIN/. DESIGN ASSOCIATES,P.A.•RALEF•N,MC.•JANUARY 1••1.
P vw t o ,ICILY I°9?.

24
c. Excessive Erosion.
In addition to the:sites shown on the hazard areas map, excessive erosion
has been documented inside the planning area. According to the North
Carolina Shoreline Erosion Inventor (U.S. Department of Agriculture, SCS,
Raleigh, North Carolina, October, 1975), the shores of Bath Creek (Back
Creek was not surveyed) provide the following evidence of erodibility (i.e.,
erosion):
Average width of loss to erosion 25.2 feet
Average height of bank 3.7 feet
Length of shoreline eroding 10.1 miles
Length of shoreline accreting 0
Total Length of shoreline 12.2 miles
The Planning Board noted past evidence of excessive erosion at Bonners Point
which is part of the area surveyed above.
As indicated by the statistics for the county, these shorelines erode at the
rate of 1.7 feet per year, producing 1588 tons of sediment per mile of shoreline
per year. Of the 15 counties studied,these shorelines are about mid -range with
regard to sedimentation rates, erosion rates, and width of eroded areas.
Factors contributing to erosion, generally are fetch (the distance over which
water reaches into the land mass, such as Bath Creek and Back Creek reach into
Beaufort County), exposure, wind tides, soil, bank height, and land use, with
fetch and exposure being the greatest factors. Northeast and southeast
exposures are worse, with the worst erosion on exposed banks producing danger
of high bank overhang.
Alternative policies considered include: locally adopting a 75-foot set -back
from Back and Bath Creek; requiring.erosion control measures from high den-
sity development on shorelines; and the encouragement of set back lines by
way of restrictive covenants inasmuch as a standard set back line should not
be applied equally to all creek shores and the requirement of erosion control
measures wherein densities exceed six family units per acre.
Goal: To restrict the increase and the rate of erosion of the shores
of Bath and Back Creek, especially at Handy's Point and Bonners Point.
Objective•
To undertake appropriate measures for erosion areas in the Planning
District.
Implementation Strategies:
Apply for technical assistance to conduct a feasibility study or
an assessment of available erosion prevention measures to be in-
corporated in the Town's zoning ordinance or otherwise developed
for application by the Town.
Contact the NC Department of Natural Resources and Community
Development Land Quality personnel for erosion control
techniques.
Work with the Beaufort County Health Department and the District
Soil Conservation Service to institute consideration of'erosion rates
when septic tank drainfields are located so as to prevent drain -
fields from becoming part of eroding areas.

25
5. Hurricane and Flood Evacuation Needs and Plans.
As shown on the following map (Hurricane Evacuation Routes and Shelters),
the Town of Bath is well equipped to respond to early warnings from ensuing
disasters.
Thus, there is an appropriate Hurricane Evacuation Plan already in effect,
directed by the Beaufort County Civil Preparedness Coordinator in Washington,
NC. The Town of Bath is familiar with this plan and its designation of the'
Bath High School.as a shelter and 92 and 264 West as an evacuation route.
The Board supports this plan and pledges its support in the future.
The Flood Prone areas map shows the areas within the planning district which
are subject to flooding by storm tides. These areas have a l-in-100 chance
on the average of being inundated during any year. The Hazards Map referred
to above shows areas which the Planning Board recalls have been flooded in
the last 30 years. Thus, the Town is relatively safe from flooding (note
high concentration of developed units in the non -flood prone area). Since
the same evacuation plan relates to flooding, the community is well equipped
for evacuation as noted above.

uxiao#��ant3on� �Routo�aiioltexs'_
i•=eit:S..i+a�:St'?d�..�k^7•ksYS.t+:c,.b...�:',Y.+,..,.?w-�:..:,w,. Ai. c
o� •ems-���i3'�'..�'�ic"�k..D, sfi����'{ �.r��•>�`�����A������'Y�, �i` J
t Z;
'�° �: Oo0•� CcViHt,; DYCt
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�dlpNO;
-i
N
1 ..0_I t..2 3 4pip• 01

27
MAP OF FLOOD -PRONE AREAS
d7110Y
if

C. Resource Production.
In accordance with the CAMA Guidelines for land use planning, the importance
of agriculture, commercial forestry, mining, fisheries and recreational
resources are presented below, identifying the most productive areas, with
discussion of the values of making these areas more productive.
Based upon the citizens' survey, available
sessions, Bath's most productive resource
production and recreational fisheries and
Potential commercial fisheries, commercial
production and off -the -road vehicles were
planning area and are merely discussed.
1. Productive Agriculture Lands.
so
data, and Planning Board work
is agriculture, potential mineral
are addressed with explicit policies.
forest lands, existing mineral
designated as insignificant in the
As pointed out in the resource protection section above, agricultural land is
a prime productive resource in Beaufort County. Beaufort County is among the leaders
in North Carolina for corn, for grain and soybeans. J t produced over $15.6 million
in tobacco (1979); some peanuts, sweet potatoes Irish potatoes, wheat, oats,
barley, sorghum, hay and corn for silage.
As documented in the 1977 Land Development Plan for the Town of Bath, the area
immediately north of Town is oriented toward agricultural production. The major
crops include corn and soybeans. Tobacco is also a significant cash crop. The
land west of Bath, across Bath Creek, has extensive agricultural production.
Making this area productive is important because of the agricultural heritage of
the area, the fact that jobs are limited, and that such activity has limited
implications for surrounding types of land uses.
These implications include traffic problems from slow moving machinery, possible
erosion, and fertilizer leaching into the river. However, none of the problems
are significant in Bath. Agricultural lands, especially those which are cleared
have suitable soils, experience considerable pressure for development other than
agricultural.
Fortunately, Bath has zoned the area within the planning jurisdiction as agri-
cultural where such areas are prime for such production. Additionally, it
designated other areas for community and economic development, thereby directing
such pressures to more effective sections of the planning area.
Policies considered for making these areas more productive include those
outlined in the resource protection section above; working with owners of z
agricultural land inside the Town limits to explore selling for community and economic
development uses so as to channel agricultural production to better suited land
outside the downtown; annexing additional residential area so that the Town's
tax burden could be shifted from agricultural lands to more intense users of
urban services.

A
.,
29
Goal: To maximize the potential of productive areas within the Town of Bath
planning area.
`; s',ir_late the use of areas designated as good agricultural land in
the most productive agricultural manner.
Implementation Strategies.
To use the soils map and the zoning map to designate areas of prime
farm land and rezone accordingly to insure that they remain entirely
for productive uses.
Contact the various state and federal agricultural agencies for new
technology regarding the best ways to keep these lands under
productive use.
Use special tax incentives such as the Use Value Assessment Law for
Farm and Forest Land which allow these lands to -remain productive
rather than become sold for development.
Revise the zoning ordinance to carry out these strategies regarding
density.
2. Commercial Forest Lands.
Currently, there is no large scale commercial forestation in the planning district
of the Town of Bath. The Weyerhauser Company owns acreage on the northwest
bank of Bath Creek, outside the planning district. Another smaller area is found
one mile north of Town, owned by a local resident.
The Land Use Map (page 16) shows areas now wooded which may warrant designation
for forestry production in future updates of this plan. However, only occasionally
are trees harvested and then, it's on an individual land -owner basis.
The Planning Board stated that commercial forestry was not a significant issue
in the community, nor was the predesignation of areas for set -aside as particularly
good sites for commercial forest production.

30
3. Existing,and Potential Mineral Production.
As shown on the map below, massive deposit of phosphate and ore used in
manufacture of fertilizer and other products, was discovered underneath
Bath in the 1950's.
ti-'•
i'
,z .\
C
�IIII
MInesWe�jp}M}
\� f�II
M_ vl
_�Nyrll♦\ A
a
The phosphate deposit zn Beaufort Comity.
Source: School of Design, 1996
carolina planning, Fall, 1980.
it lies beneath the land surface and water bodies at a depth ranging from
40 feet to 230 feet below mean sea level. Clearly, the deposits present a
significant issue for the Town's planning area. (See Appendix 7, page 107
for detailed lease and cross sections maps).
As witnessed by the development of Texas Gulf on the south shore of the Pamlico
River, such mining produces less local economic benefit than might be reasonably
expected, due to the intensity of the mining. Additionally, it places demands
on water supply and other aspects of the local environment which need to be
carefully considered by the Town Board.
Such consideration was recently exhibited by the Beaufort County Board of
Commissioners as it voted unanimously to retain the "conservation" classification
of the Pamlico River. This classification means that the river (and the river
bottom) is considered a natural resource and that no public funds, either
direct or indirect, are to be used to encourage intensive development there.
(See Land Classification Section, page 50).
Currently, it is too expensive to mine phosphate so far beneath the surface of
Bath, but technology is rapidly changing. The development of a pump which would
handle sand would render the community vulnerable to encroaching mining activity.
Alternative policies include in -action; conduct an awareness of Bath campaign
with the phosphate companies; undertake specific strategies for protection of
the Town's planning area through its local governing powers.

31
Goal: To protect the nature of historic Bath in the vicinity regarding
the potential for mining of the vast phosphate resources beneath the community.
Objective:
To equip the Town of Bath to influence the impacts upon itself which mining
of the phosphates may have between now and the year 2000.
Implementation Strategies.
Require technical assistance in documenting the.positive and negative
impacts which may be anticipated upon people and the water table from
extraction of phosphates with special attention to the Texas Gulf owned
property next to the Bath planning district.*
Alternative methods include working with Texas Gulf and the North Carolina
Phosphate Company to determine.their future plans for mining on'the
north side if any; holding a town workshop with the Board of Commissioners
in the Town of Aurora to fully document such anticipated impacts and
to share their experience.
Develop the policies in the CAMA Land Use Plan in a way that will
provide a strategy for decisions for accommodated related development
due to extraction of phosphates, particuarly housing, employment, and
commerical development. Strategies include providing Texas Gulf and
North Carolina Phosphate Company with a copy of the Land Use Plans
siting constraints to development and preferred areas for development.
The location lease map (page 107) should be considered in the development
of zoning and permit procedures.
Work with the county in its land use planning efforts and advocate the
adoption of a mine land reclamation ordinance for application outside
the one -mile area around the Town. Develop language of such an ordinance
and record it in the Town's Zoning Ordinance for application inside
the one mile area. In this language, performance standards and criteria
should be developed regarding noise, sound, vibration, impacts on the
water table, water quality, and other issues related to land reclamation.
In preparation of such an ordinance, the Town Planning Board should
study the Aurora Zoning Ordinance regarding such performance standards
and permit procedures for surface mining and other significant land uses
influenced by the mining operation.
Acquire technical assistance from the Environmental Section of the
N.C. Office of Coastal Management to develop standards and criteria
and incorporate them into the Town's Zoning Ordinance.
Prohibit the mining and processing of phosphate anywhere within the
current zoning jurisdiction (one mile).
*For discussion of impacts on water table, see p. 76.

32
In the event of mineral extraction operations, require assurance
that they will not harm known archeological resources in and
around Bath.
Work w;th the N.C. Division of Archives and History to identify
potential unrecorded archeological resources as necessary.
Discourage any mining operation that affects the aesthetic qualities
of Historic Bath and its zoning area.
4. Fisheries and Recreational Resources.
A number of residents of the community make or supplement their living fishing
in the waters of Bath and Back Creeks and the Pamlico River. While no section of
the planning region is designated as a fishing productive area, the Town feels
that the water quality of Bath and Back Creeks and the Pamlico River should be
at least of sufficient quality to insure that seafood from these waters is safe
for human consumption.
Since Bath is not in a position, at the present time, to provide adequate
swimming facilities, the Planning Board recommended that local people
use the facilities at Goose Creek State Park. Facilities there include life
guards.for the swimming area, picnic areas, nature trails for hiking, and
ample parking that are provided by the State at no expense to the individual.
Because of the availability of these facilities, no formal policy statement was
developed for recreation in this document.
Goal: To protect and insure that the waters of Bath and Back Creeks and the
+ Pamlico River are at least of sufficient quality to promote the commercial and
recreational fishing industry.
Objective:
To control those uses of the Creeks and River which represent potential pollution
and risks of degradation to water quality.
Implementation Strategies.
Continue to monitor algae growth and agricultural run-off so as to take
necessary action to restrict such if a.potential hazard develops.
Continue to restrict the number of boats that represent potential pollution
hazards by their discharge of human and wash down wastes into the Creeks,
specifically to prohibit commercial wet docking storage facilities and
discourage multi -level dry docking storage facilities since there are no
effective means of controlling discharge. '
Encourage both the Coast Guard and N.C. Wildlife officials to check moored
boats in Bath and Back Creeks for open heads and discharge.
5. Off -the -Road Vehicles.
The Planning Board has determined that off -the -road vehicles are not a problem,
nor are they likely to have adverse impact on the value of the areas productive
resources in the future. Thus, the Planning Board chose not to develop explicit
policy statements in -this document.

If
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D. Economic and Community Development.
In accordance with the CAMA guidelines for land use planning, the following
issues are identified for policy discussion within the economic and community
development category:
Types of development which the Town of Bath wants to encourage, particularly
regarding redevelopment of older areas and creation of new subdivisions.
Policies on types and locations of industries desired;
local commitment to providing services to development;
types of urban growth patterns desired;
redevelopment of developable areas.
Commitment to federal and state programs in the area;
assistance to channel maintenance and beach nourishment;
energy facility siting and development;
tourism or beach and waterfront access.
Among these issues, local priorities are treated with explicit policy statements,
and others given discussion only.
1. Types of development which the Town of Bath wants to encourage.
The assessment of Bath's economy represented in the 1977 Land Development
Plan is still accurate today. Bath is principally a residential community
whose residents commute to work. Alternative scenarios for the future
feature Bath with a potential to develop on two fronts: the historical
side of a small farming community and the recreational side, featuring nice
sites for second and recreational homes.
Within the context of this scenario and discussion of the town's current
economic base, the Planning Board, based upon limited data but strong
responses from the December, 1980 citizen's survey, determined the following
priorities for types of development desired:
Commercial development, particularly a restaurant.
Light industry to employ local people.
Historic and cultural attractions.
Tourist facilities.
Agricultural production.
Permanent and seasonal residential development.
Public and private recreational facilities.

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Amidst this array of desired types of development, the Planning Board expressed
a strong preference for developing the older, already incorporated area of
town, but promoting a sound strategy for guiding desired types in the area
across the Creeks and within the one -mile planning jurisdiction.
But before Bath can undertake either strategy, it must face the reality that
it has a larger problem stimulating and sustaining development rather than
directing it. The fact that it has suffered from'a dwindling economic base
is reflected in the 52% decrease in population since 1940, and a 20.30
decrease in the last ten years (1970-80). As shown in Section IV, the .
population has aged considerably since 1970, with household size dropping
and percentage male declining. However, there is hope in the seasonal
population inflow, which occurs mostly in -the form of week -end recreationers
and .families who spend extended periods of time in the community. Thus,
the impetus of much of the economic and community development policies which
follow are directed at stimulating appropriate and desired development in
an appropriate pattern.
That pattern is shown on the Land Classification Map in Section III, pg. 51. In
general, the goal is to develop the area currently contained by the town
limits with residential and commercial activities which are consistent
with the history and character of the town, and in a manner which compliments
the institutional uses already underway. This means that other uses, such
as agricultural, are preferred outside the town limits, so that the community
may grow and develop the tax base to accomodate desired forms of development
in the future.
Also shown on that map is the desire to develop particular sites in the one -
mile planning district with small business, new subdivisions for recreational
and permanent homes, and accommodate light industry to be attracted just North
of the planning boundary.
Thus, the Planning Board adopted the following overall goal for economic
and community development:
GOAL: To achieve desired levels, types, and patterns of economic
and community development which are consistent with the historic
character of the town, raise local employment levels, and
otherwise contribute to the local economic base, so as to implement
the Land Classification Map.
Below, alternative policies for the categories outlined in the CAMA
regulations are presented, with a choice of policy (stated as an objective
for that particular type of land use). Implementation strategies which the
Planning Board selected are presented as well.

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2. Type and Location of Industry.
The citizens survey and Planning Board recommended that basically any type of
light (non-hazardous).industry which was non-polluting to the environment and not
disruptive to the character of the Town and which would employ local people would
be acceptable. Textile and shoe manufactory were mentioned, with consideration
given to several others.
The Land Classification Map shows the preferred location for such an industry,
and raises cost implication for extending water and wastewater treatment services
to that site. Currently, the Town's water system is in disrepair but has the
potential capacity to accommodate such a light industry. Currently, the lack of
a wastewater system in Bath places undue burden upon a locating industry to furnish
its own wastewater treatment.
Alternative policies considered regarding the issues attracting industries which
are light, clean, and serviceable, and which hire local people, included working
with Beaufort County officials to recruit a water -based industry of the Town's choice,
to the area; conducting a campaign of the Town's own; applying for state and federal
funds to upgrade the water and wastewater systems so as to become more attractive
to industrialists, and developing promotional materials which offer Bath as an
attractiveplace for such development.
Objective:
To promote the location of light industry which employs local people
within the one -mile planning district of the Town of Bath, which satisfies
certain performance standards, and is most compatible with the historic nature
of the community.
Implementation Strategies.
Inquire with the State Department of Commerce regarding its Community
of Excellence Program and ask ways in which the state's industrial
recruiters could assist in identifying small industries for Bath.
Work with the Mid -East Commission toward the development of an industrial
recruitment campaign, with a brochure regarding the historic nature
of the community, types of industries preferred, tax incentives,
performance standards, and grantsmanship assistance to leverage federal
and state start-up funds for small industries.
Work with the County to designate the site of the old town solid waste
depository as an industrial park.
Work with developers in a "partnership" mode to extend services on a
priority basis, within the constraints of financial feasibility.
Utilize existing local, state, and federal historic preservation
agencies and regulations to assure that industrial development does not
endanger Bath's historic structures and archeological resources.

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3. Local Commitment to Providing Services For Development
Currently, the Town of Bath has a small town budget (approximately $16,000
including revenue sharing) which is ill-equipped to support much development.
Thus, one primary element of any development strategy is to expand the tax
base through annexation* and use of other powers of the local municipality
which can help unlock key parcels of land within the old and new corporate
limits. The current session of the State Legislature ratified a bill which
extends the Town limits 100 yards into Bath and Back Creeks. As shown on
the Land Classification Map (pg. 51), this greatly enhances the Town's
capacity and thereby, its committment to provide services to development.
In the meantime, the Planning Board has indicated considerable committment
to providing such services through undertaking grantsmanship and inquiry
with officials which can provide matching funds for development of water
systems upgrade and wastewater systems development.
Alternative policies considered for development of the town's committment
for services to development included: grantsmanship, extend the city limits
and otherwise develop the tax base, establish a "partnership" approach with
developers so that costs of service provision is shared in a supportive but
equitable manner, and provide services which foster a proper pattern of
development, consistent with the Land Use Plan.
Objective:
To develop the town's capacity to provide selected services to
development, so that development is stimulated (within the means
available), so that the tax burden is kept fair, and that the
prime beneficiary (the developer) pay an equitable share of the costs.
Implementation Strategies:
Determine feasibility of acquiring funds to make up the
required local match under the state's clean water bond
act and similarily, find funds to match the state's
wastewater bond grants program. State will provide up to
25% total cost.
If such supplemental funding is available, submit application
to the state for improvements to the water system (see
section on water quality and water system capactiy) and
for development of an alternative (land based) waste
water treatment system in the town.
Develop a clear policy of providing extension of services
as capacity increases and services become available.
*The Town is aware that serving annexed areas may be costly to the extent that
expenses outweigh revenues generated. Thus, assessment of impact upon the
Town's capacity to serve will greatly determine its commitment to serve development.

37
Adopt a subdivision ordinance to establish a "partnership"
with new developers within the one mile area (and in town)
clearly.stating. responsibility for provision of which
services by the town and which by the developer. The
ordinance should include the following:
Within the town limits, require that development include
paved streets and use of central water supply.
Require adequate right-of-ways in development within the
one -mile area so that streets can be paved according to
the State Standard.
Make extension of public services the responsibility of
the developer except in instances where the town commits
to undertake a recruitment strategy (which includes
grantsmanship and leveraging to finance capital improvements
(extensions)), by the town itself. The priorities for
such a strategy should be clearly stated that all applicants
(developers) are treated fairly.
Require that all new roads to be paved be paved to meet the
minimum Department of Transportation requirements. This
is the responsibility of the developer.
If it should be found that it is not the wishes of the Town
Board to develop and enforce subdivision ordinances for
the area, some provision should be made to insure that
developers have adequate dedicated right-of-ways for
utilities and roads. The roads should be all weather
roads and meet all state requirements and specifications.

4. Type of Urban Growth Pattern Desired.
This section presents the urban growth pattern desired by the Town of Bath
through the Land Classification Map (page 51) and the Land Design Map:1990
(page 52). The Land Classification Map presents the general extent and
direction of change in land use desired over the next ten years. The Land
Design Map: 1990, which is an update of the map adopted in 1977, shows more
specifically what types of development are desired. The two maps together
give the Planning Board and the public a clear idea of where "transition"
areas are, and whether such areas are to be promoted as "commercial, residential,
or mixed, etc.". In that this plan is prepared under the Coastal Area
Management Act, the Land Classification Map is the official map for guiding
CAMA permit decisions .and public investment decisions.
Underlying both maps is a concern for stimulation of redevelopment of the
older areas of Town and development of new subdivisions and industry in the
remainder of the planning area. The Town realizes that it has basically
six methods of stimulating and guiding development into the patterns shown:
fiscal policy(taxation), regulations, provision of capital improvements,
condemnation, purchase, persuasion. With these choices in.mind, the Planning
Board discussed several options for guiding residential, commercial and
industrial, cultural and institutional, and agricultural and forestry development
during the next ten years. .These are summarized under each specific type
below, as are the chosen policies and implementation strategies.
a. Residential Development Pattern.
Alternatives considered include disregard for location of residences with
regard to whether they are year-round or permanent; leaving the development
of new subdivisions to the market; and strongly encouraging the conversion
of land now in the Town Limits from agriculture (or vacant) to appropriate
density residential (as well as commercial).
Objective: To direct development of permanent and second/recreational
residences according to the Zoning and Historic District Ordinances.
Implementation Strategies:
Permit the location of mobile homes in an area north of
NC 92 and east of King Street.
Permit the development of duplex or multi -family dwelling
on the north of NC 92 on the tract of land bounded by
Main and Harding Street.
Vacant land located within the Historic District be permitted
to develop in accordance with the Historic District Commission
Regulations.
Use the Zoning Ordinance to concentrate residential development
in areas ►!hich have dedicated right-of-way equal to the minimum
standards or access to public utilities.
Require that development have no negative impact upon the
Town's historic structures and archeological. resources
and aesthetic qualities.

39
b. Commercial Development Pattern
From the citizens survey and Planning Board work sessions, the following types
of commercial development were identified as desireable:
Restaurant, laundromat, doctor's office, motel, bowling alley, fish
house, tourism, pharmacy, retail store, workshops, and a car wash.
Overall, the major theme for commercial development was the desire to keep
the town small but revitalize the economy, having shops and accommodations
to support the tourists and commercial fishermen and stimulate jobs.
These hopes are founded upon the reality that the only commercial activities
in Bath are service related businesses. These activities include general
merchandise store, service stations, a bank, two marinas, an ABC store,
and a motel and gift shops.
As shown in the 1990 Land Design Map (page 52), commercial development is
to be encouraged in proximity to where it now exists (see existing Land
Use Map, page 16) on Highway 92 and across Bath Creek at the Bridge. Such
a development pattern is reflected in the Land Classification Map (page 51)
as developed, transition mixed, and rural -commercial.
Alternative policies the Planning Board discusses with relation.to commercial
pattern included implementing the 1990 Design Map, avoiding strip development,
and connecting the water system along Highway 92 so as to promote commercial
development across from the bank and ABC store.
Objective:
To achieve appropriate commercial development, particularly
water -based development in the pattern prescribed on the Land
Design Map (page 52).
Implementation Strategies:
Use the Zoning Ordinance and Facilities Expansion Policy
to prevent commercial strip development.
Limit the number of curb cuts on NC 92 so as to funnel traffic
to specific and designated ingress and egress points.
Conduct a revenue/cost study regarding potential annexation
to include the land lying north of Jackson Swamp Road for a
distance of 4500 feet from current city limits.
Extend the northern boundary of the Town eastward to Back
Creek
Require that development have no negative impact upon the
Towns -historic structures, archeological resources, and
aesthetic qualities.

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c. Cultural and Institutional Development Pattern.
Perhaps the largest generator of Bath's popularity is its cultural and historic
land uses. These take the form of the Bath High Schooi, State Museum of
Historic Bath, churches, the outdoor drama theatre, and -vacant state-owned
waterfront lots, representing approximately. one-third of the acreage inside -
the town limits, Patterns of development of these uses, plus the .tourism they
generate contribute substantially to the character of the Town of Bath.
As shown on the Existing Land Use Map, the pattern now exhibited by cultural
and historic development is more or less compatible with surrounding land
uses, but consumes much needed commercial property along NC 92 on the main
drive through town. Additionally, the state owns property at the fork of
Bath and Back Creeks which could be used for improved public access or
other tourist attractions. Nevertheless, the town feels this pattern is
desirable if contained in its present configuration. The Planning Board
did express strong concern that the state authorities and other owners of
property; especially the State Historic Commission, consult the town and
its Planning Board before undertaking additional land use changes.
Alternative policies considered for location of cultural and historic
dvelopment included: a laissez-faire posture since the state and others
external to the town control such uses; better communication with such
owners to convey the letter and spirit of Land Use Planning in the town
related to such properties; and effective use of the powers of local
municipalities to promote orderly development more consistent with
surrounding land uses.
Objective:
To develop the cultural and institutional land uses in accordance
with the Land Design Map and the Land Classification Map..
Implementation Strategies:
Continue to work with the N. C. Division of Archives and History.
and the Beaufort County Board of Education related to their
expansion development decisions.
Continue to exercise the prerogatives of the Historic District
Commission as stated in the Town's Zoning Ordinance.
Work with the Drama Committee toward submitting an application
to the National Endowment of the Arts for a feasihility
study of relocating the Outdoor Drama Theatre.

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d. Agricultural and Forestry Development Pattern.
As mentioned under the Resource Protection policy discussion, agriculture
has long been significant to the Town of Bath and its planning jurisdiction.
However, the pattern of this type of land use concerns the Planning Board
and -is seen by some as a barrier to proper development of the older area
of Town.
As shown on the Land Use Map approximately one-third of the land area inside
the city limits is consumed by agriculture (or vacant) land. Much of this
land is zoned residential for subdivision into 15,000 or 20,000 square foot
lots. Additionally, these areas are shown as residential on the 1990 Land
Use Design Map adopted by the Town Board. However, lack of developer interest
and lack_ of willingness to sell, have constrained the development potential
of this important redevelcpment area.
The Planning Board feels that agricultural production is better undertaken
in the area outside the city limits, so that more revenue producing residential -
and commercial activity may be developed downtown.
In contrast to the agricultural pattern, forestry patterns shown on the
Land Use Map render little problem regarding adjoining land uses and in-
appropriate impact upon development potential, public or private. As noted
above, "forestry" it Bath is an individual land -clearing function, not a
commercial enterprise.
Alternative policies regarding agricultural and forestry patterns include:
laissez-faire, leaving the sale of such properties to individual owners
regardless of economic impact to the community; development of subdivision
regulations and undertaking a -developer recruitment campaign to stimulate
proper development on available tracts now used as agricultural; and using
the powers of the local municipality to effectuate better patterns of such
uses.
Objective:
To concentrate agricultural and forestry uses outside the existing
town limits as shown on the 1990 Land Design Map.
Implementation Strategies:
Develop subdivision regulations which prepare the community
for conversion of agricultural lands inside the town limits
to residential.
Establish a good will committee of the Planning Board to work
with local land owners to effectuate sale of such properties
for economic and community development (urban uses) as outlined
on the Land Use Design Map.
Carry -out the "resource production" policies (above) which
promote the continuation and expansion of agricultural activity,
especially in areas designated as good farmland outside the
town limits.

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5. Redevelopment of Developed Areas.
The overall strategy of redeveloping the developed area with more urban uses,
while stimulating new subdivisions and recreational, homes outside the townlimits, has been articulated above. This section, will then concentrate upon
improving the residential sector (its pattern and quality of housing stock)
in the redeveloped area of town.
As noted in the 1977 Land Development Plan, the majority of land between
Bath Creek and Back Creek is appropriate for residential development. However,
there are qualifications.placed upon the type of residential development
which is considered appropriate by the Zoning Ordinance and by the Historic
Commission, both of which govern much of this area.
Another constraint is the lack of public wastewater collection and treatment:
a factor which prohibits achievement of densities high enough to generate
revenues sufficient to accommodate desired development patterns.
According to the 1980 preliminary census counts, the T_own's 110 dwelling
units have not grown in number since the 1970 census. Considerable
residential development has occurred, however, in the perimeter to the town,
Without annexation of this development pattern, again, potential excess of revenues
over cost of annexation.
The housing quality of the older section of Bath has declined as the population
has aged and household size has dropped. As shown on the Hazards Map,
several houses have become dilipadated and have caused the Planning Board
to call for a systematic voluntary removal campaign to protect public safety.
One of the major considerations facing the Planning Board is the cost of
services to accommodate development. Density, of course, greatly reduces
the unit cost of improving the water system or developing nedded.wastewater
service. The town can ill afford to continue to run water lines and propose
to run sewer lines past acres of vacant or agricultural land.
Thus, the major issues regarding redevelopment include: unwillingness
to sell key properties; lack of wastewater service; dwindling housing stock;
aging population with fixed incomes; constrained town limits; and
institutional drain on the tax base. (State owned lands don't pay taxes to the Town).
Alternative policies regarding redevelopment include: those mentioned under
patterns of development, particularly regarding use of municipal powers,
undertaking a.developer attraction campaign, and annexation. Others include
specific housing improvement programs and acquiring technical assistance for an
all-out redevelopment effort. a

43
Objective:
To undertake redevelopment of the existing town, especially within
the historic district, near the school, in the older business
section, and in areas now used for agriculture or which are
vacant. (see Design Maps page 52).
Implementation Strategies:
Complete a housing survey of existing conditions denoting
dwelling units which require improvement.
Apply for assistance for the expressed purpose of housing
rehabilitation.
Adopt an ordinance requiring every dwelling unit to install
and maintain an approved septic system.
Locally adopt the model housing code and enforce it to require
rehabilitation or demolition of deteriorating and dilapidated
houses in the town limits. Require a determination of historical
significance before enforcement of demolition.
Acquire technical assistance for development of a downtown
revitalization strategy in Bath, and determine the financial
feasibility of implementing such a strategy.
C. Commitment to State and Federal Programs.
Section IV shows a list of state and federal programs which impact the
Town of Bath and contribute to its character. Currently, several of the
programs are effectively protecting the salt marshes around the town and
helping protect the nature of the public waters for recreational uses.
As mentioned above, Bath has long supported such programs. Two outstanding
issues do concern the Planning Board: lack of communication by many state
and federal agencies to the Planning Board before land use changes begin;
and ability to'finance matching funds which tangibly show support for grants
and loans for service improvement.
Alternative considered to address these issues and thereby improve the
town's commitment to state and federal program include: initiating a letter
campaign to all state and federal agencies listed in this document and other
identified as need arises to open communication and inform them of Bath's
needs and policies; revenue generating strategies outlined above, potentially
including annexation; and attainment of technical assistance.

44
Objective:
To support state and federal programs in the Bath planning area.
Implementation Strategies:
Engage in a grantsmanship program to implement selective state
and federal programs.
Seek technical assistance from federal and state programs
which best address needs identified in the citizen survey
and addressed by this plan.
7. Channel Maintenance and Beach Nourishment.
The Town of Bath regards the matter of channel maintenance as being out of
its jurisdiction and therefore h::s no policy regarding it in this document.
It does, however, support the Coast Guard and other bodies in their
responsibility for maintaining the channels of Bath and Back Creek.so long as
that maintenance iroposes-no.danger to water quality and the commercial and
recreational fishing industry. Bath, of course, has no beaches.
8. Energy Facility Siting and Development.
Currently, there are no energy facilities within the Bath planning area.
The Roard expresses desire that none to developed within the one mile, but
that such may be encouraged north of the town near the area designated
suitable for light industry (see Land Classification Map).
The town recognizes the necessity for the development of facilities for the
production of alternative fuels, but wishes to discourage siting of large
facilities near the town.
Objective•
To prevent the location of large energy facilities within the one -
mile planning area.
Implementation Strategy:
Revise the Zoning Ordinance to require a special use permit
to construct any energy production facility in any zone.

45
9. Waterfront Access.
There is one private boat ramp on Back Creek, the marina on Bath Creek
(private), a boat ramp just north of the Bath Creek Bridge, and Hardings
Landing. The Planning Board felt that waterfront access was inadequate inside
the Town limits and decided to look into the legal and financial implications
of designating already owned city properties along the shoreline between
Bonners Point and Handys Point as public access points, such as the street
ends of King St. and Main St.
Additionally, the Planning Board suggested that the Town Council make contact
with the N.C. Department of Wildlife in the hopes of having the state provide
a nice boat ramp and parking area in the Bath Community. Examples of those
provided in Edenton, Columbia, and Plymouth were cited. Additionally, it
was suggested that the State could work with Weyerhauser or Texas Gulf
to lease an appropriate parcel of land rather than have the expense of
purchasing the land.
Pending results of the aforementioned investigation and the suggested contacts
with the State, the Planning Board states that access to the creeks is
inadequate but would encourage public or private designation of new areas
outside the Town limits with adequate -space for parking and which are
consistent with the policies outlined above for protecting areas of
environmental concern.

46
E. Continuing Public Participation Policies
In accordance with the CAMA guidelines for land use planning, the following
discussion outlines the means by which public participation in planning matters
is to be conducted in the planning process; the means to be used for public
education on planning issues, and the means to be used for continuing public
participation. First, a brief description of the methods used to develop
this CAMA Land Use Plan will be discussed as the foundation for future
citizen participation efforts.
The Town of Bath has an active Town Board and Planning Board, which, for the
size of this community, contribute considerable to the representative nature
of planning and planning decisions. This feature has been strengthened by
the recent hiring of a Town Administrator, which will leave the elected and
appointed bodies to do more policy -oriented than administrative work, thereby
increasing outreach to the community.
Its history of planning (the 1977 Land Development Plan and the 1979 Zoning
Ordinance), a close knit community, and conern for participation led the
Planning Board to retain technical assistance for preparation of this plan
from a firm with a strong citizen participation background. Through
recommendations from Planning and Design Associates, P.A., the Planning Board
conducted a random sample survey '(see Section IV for survey questionnaire),
to property owners'in and outside Town , held monthly meetings which were
announced in advance; and conducted interviews with several Town Board
members related to planning issues during the process.
During the preparation of this document, the Planning Board was clear in its
desire to continue close contact with the citizenry. It realizes that such
involvement is important in both the development and enforcement of land use
policies so that the spirit of community is enhanced as the community grows
physically and economically. Issues discussed included these and other
purposes of participation in Land Use Planning, definition of varying interests
among publics, representative bodies and responsibilities, and communication
methods.
Alternatives discussed with regard to these issues included: limiting par-
ticipation to selected committees or boards appointed to represent the
community; publishing required legal notices for public hearings; establishing
ad hoc citizen committees of the Planning Board as need arises; and conducting
an educational campaign encouraging participation at monthly Planning Board
meetings.
Goal: To achieve meaningful participation in land -use and related
planning matters in the Town of Bath and its planning area.
Objective:
For participation itself: to provide opportunities for participation
in the land use planning process by residents of the Town of
Bath and its planning area, individually and in representative
groups.

47
Implementation Strategies:
Amend the Bath Zoning Ordinance.so as to require (1) written
notice to be mailed to the owner of any property which is
the subject of a rezoning petition and (2) written notice to
be mailed to the owners of all properties which adjoin the
property which is the subject of a rezoning petition. All
such notices shall be mailed to said parties at their most
recent address as held by the Beaufort County Tax Supervisor's
office at least 21 days prior to the public hearing which
will be held in connection with the rezoning petition.
Adopt as Town Policy that notice of meetings of Planning
Board to be placed in the local newspaper and specific
items to be discussed be part of the notice.
Send citizen opinion questionnaires to Town residents and
property owners outside the city limits but within Bath's
extraterritorial jurisdiction at least every five years to
gauge public opinion and how this opinion has changed prior
to the update of the Land Use Plan.
Hold a semi-annual meeting of the Planning Board and the
Town Board to evaluate the Land Use Plan and its
implementation. Prior to that meeting, have news.articles
regarding meeting and specific issues to generate public
interest.
Objective 2:
To encourage active participation in land use discussion
by all sectors of the population including all economic,
social, cultural, and ethnic groups.
Implementation Strategies:
Develop a roster of civic organizations and key individuals
to be notified of public meeting regarding land use issues,
and request that members of these organizations be notified.
Publicize notices of meetings in the local newspaper
preceded by feature articles on specific issues to be
discussed and invite all interested citizens to attend.
Objective 3:
To educate the citizens of the Town of Bath and its planning
area about the issues facing the area regarding matters of
resource protection, resource production, community and
economic development, special issues and ways in which
citizens may participate in the Town's planning process.
Implementation Strategies:
Prepare public information brochures regarding:
CAMA Land Use Plan and its implementation process for
distribution in annual tax bills or in utility bills.
Prepare public information and education programs for
presentation to civic groups, churches, and school classes
to inform the public about the CAMA Land Use planning
program and to encourage active participation in the process.
Prepare press release for local newspaper following each
Planning Board meeting in cases when no member of the press
has been present.

Prepare educational news releases on the planning program
in the Town of Bath explaining the issues to be considered
and decisions pending.
Hold workshops for residents of the town and the surrounding
planning area with technical assistance to educate citizens
about the planning process and other facets of the CAMA
program.
Interest local groups in sponsoring a joint meeting of
local government in Beaufort County regarding matters of
interest in land use issues.
F. Other Specific Issues that must be addressed in the Bath Land Use Plan.
"Attachment B" of the contract between the State of North Carolina and the
.Town of Bath stipulates that the specialissues of phosphate mining and
preservation of historic resources be addressed in this plan.
Policy discussion and choice of policies for phosphate mining are presented above
in Section II, pages 30-32, and preservation of historic resources is addressed
on pages 20-21.
G. Consistency with Land Use Ordinances and CAMA Improvement Plans
and Budgets.
In accordance with CAMA regulations, the Zoning Ordinance of the Town of
Bath have been modified to make them consistent with the land use planning
regulations and the Coastal Area Mangement Act regarding areas of environmental
concern. Additionally, they are scheduled for modification to implement
this Land Use Plan as reflected in the foregoing policy statements and as
illustrated in the Land Classification Map. Current planning and
grantsmanship for improvement of the water system, a new wastewater
treatment system, and continued historic preservation, as well as discussions
of annexation priorities have been taken into account and the development of
the Land Classification System.
H. Related Plans, Policies, and Regulations.
As mentioned in the foregoing policy discussion section, the development of
the Land Classification Map has been undertaken after thorough review of
local, county, state, and federal plans impact in the Bath Planning area.
The Town of Bath's consultants made several visits to Beaufort County Government
in discussion of planning concerns of mutual interest.

49
I. Intergovernmental Co-ordination and Implementation.
The preceding discussion of policies and the Land Classificatiom Map are to
serve as the basic tools for co-ordinating numerous policies, standards,
regulations, and other governmental activities at the local, state, and
federal levels.
As shown in the Appendix, the Commissioners of the County of Beaufort
delegated their responsibility for preparing the CAMA Plan to the
Town of Bath, for its planning district. This first step in intergovernmental
co-ordination resulted in numerous discussions with county agencies and
management regarding issues and data collection. Additionally, the consultants
respectively in charge of the Beaufort County CAMA Plan and the Bath Plan
have had frequent contact to discuss issues related to potential mining
acitivty, economic and community development issues, and co-ordination of
planning activities.
Because of this level of discussion during the development of the Land Clas-
sification Map and related policy statements, a better framework has been
initiated for budgeting, planning and for provision of community services.
The Town of Bath Planning Board stated that such coordination, particularly
related to regulatory and promotional policies and decisions, is highly
desirable in the future. It is through such improved communication that the
land use plans developed by the Town and by Beaufort County can best achieve
their mutual goals of appropriate and orderly growth and development.
J. Public Participation.
As noted earlier, the Town of Bath used its Planning Board, public notice
of monthly, regularly scheduled meetings, a citizens survey and interviews
with local officials as its participation method. In this manner, a wide
cross-section of citizens was actively solicited and considered, and became
a fundamental element in the development of the planning activities, its
adoption (forthcoming), and will be an important part of future amendments
to the plan and moreover, its successful implementation.

50
III. LAND CLASSIFICATION
In accordance with the guidelines for land use planning (15 NCAC 7B,
Sect. .0200), and based on consideration of the citizens survey, available
data, work sessions with the Planning Board and its consultants, and
consideration of the policy statements developed above, this section
presents the land classification system developed for the Town of Bath.
By delineating land classes on the following .map, the Town of Bath and
its citizens have specified those areas where certain policies (local,
state, and federal) will apply.
To this extent, the land classification provides a frame -work to be used
by local governments to identify the future use of all lands in its planning
area. The designation of land classes allows the Town Board to illustrate
its policy statements as to where and to what density they want growth
to occur and where they want to conserve natural and cultural resources
by guiding growth.
While the areas shown on this map do designate areas of the "planning
district" which are best suited for particular uses, it must be
remembered that land classification is merely a visual reference to help
implement policies and not a strict regu atory mechanism.
The CAMA land classification system includes five broad classes: developed;
transition; community; rural; and conservation. In the Town of Bath,
only the classes of developed and conservation readily apply as defined
in the CAMA guidelines. The definitions of "transition" and "rural"
have been modified as described in detail below. There are no'lands
appropriately categorized as "community" within the one mile planning
area.
This section presents the urban growth pattern desired by the Town of Bath
through the Land Classification Map (page 51) and the Land Design Map: 1990
(page 52). The Land Classification Map presents the general extent and
direction of change in land use desired over the next ten years. The Land
Design Map: 1990, which is an update of the map adopted in 1977, shows more
specifically what types of development are desired. The two maps together
give the Planning Board and the public a clear idea of where "transition"
areas are, and whether such areas are to be promoted as "commercial, residential,
or mixed, etc.". In that this plan is prepared under the Coastal Area
Management Act, the Land Classification Map is the official map for guiding
CAMA permit decisions.

A
WOF
COUNTY,\
rrcr /
r rr
51
�I Note: Since
land use decisions
outside the planning
jurisdiction will
impact' the Town, the
Town Board classified
areas outside its
jurisdiction, as shown
LAND CLASSIFICATION ® DEVELOPED NNE COMMUNITY CONSERVATION
N TRARSITION-RtSIDENTIAL O RURAL -AGRICULTURAL WATER (ALL SURFACE WATER 13 L111-LJ Q ALSO CONSERVATION)
.TRAXStTIQN-MIXtD ® RURAL-RESIDlMTIAL * If AEC's as determined
SCALE by on -site inspection.
5- 750 1 �� 000 �TRANSITION f1CTJ-E'I RURAL -COMMERCIAL See Pale %.
"_A"YIN9 t Dew" ARSOCIATtf.PA.1-.RALt1IM,NC.•lAl'UARY.'IPTI,

T COUNTY, NORTH
,MWJANUARY. 19111
\
0�-
J
...% -----------------
- - -
�.
11
,
u
e
LAND DESIGN 1990 (Amehded)
RESIDENTIAL
. INDUSTRIAL
N
COMN[RCIAL
COMMUNITY ►ACILITtrl (MAST[ TR[ATM[NT-/UTURC)
I
I
INSTITUTIONAL CULTURAL
® WATER
SCALE 1'{ I60f/
�i
RURAL
0 ST6 770 I500 3000
OCSISN ASSOCIAT[{.!A.•RAL[t{M.01,•JANUARr. ISI'I.

53
A. Developed:
The purpose of the developed class is to provide for continued intense
development and re -development of existing incorporated areas. The area
currently inside the Town limits of Bath qualify as developed for the
following reasons:
1. The area is served by public water, recreation facilities, and
fire protection.
2. The Town Board has recently hired a Town Administrator for this
area and has in progress, applications for funds to finance
startings of an alternative wastewater treatment system, and has
submitted applications for funding to upgrade "urban shapers"
such as its zoning ordinance which will serve to increase the
density of development inside the Town limits.
3. The area encompasses an established historic district for which
an ordinance and commission have been established.
As noted in Section II above, the policies related to economic and community
development outlined types of uses and implementation strategies for
accommodating the stimulating population growth towards maintaining and
expanding,;the "developed" category.
B. Transition.
The purpose of the transition class is to provide for further intensive
urban development within the next ten years on lands which are most suitable
and that will be scheduled for provision of necessary public utilities
and services. According to the CAMA guidelines, lands classified as transition
include lands currently having urban services and other lands necessary
to accommodate the urban population and economic growth anticipated or to
be encouraged within the planning jurisdiction over the next 10 years.
As .shown on the Land Classification Map, three areas have been designated
as transition in a modified manner:
Transition -mixed: The area east of Town from the existing Town limit
up Back Creek to the intersection of an imaginary line extended eastward
to the creek from the northern Town limit.
The Planning Board felt this modification was necessary to stimulate the
appropriate mix of uses as an enticement for developers to implement the
1990 Land Design Map (as amended). Discussions of annexing this area
also lend themselves in support of the modification.
Transition -residential: The area west of King Street (extended north)
to the Creek, and the road frontage along the east side of the extension,
QV and along Possum Hill Road.
This modification is necessary to keep intact the desired residential
nature of this expected -to -change area. Without such, strip development
may develop which has been determined undesirable by the Planning Board.

54
Transition -industrial: The area north of the planning district as shown on
the Land Classification Map. Although technically outside the Town jurisdiction.,
the Planning Board felt industrial development at this site critical to the
long-range development scenario for the Town and its jurisdiction. The Town
realizes that town/county coordination and consistency is the method for
achieving appropriate development of the designated area.
Taken together, these definitions differ from the CAMA category of "transition",
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 therefore development, and the willingness
of interest to 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.
Thus the total area shown as "transition" is larger than the amount of land needed
for proposed population increases which cannot be accommodated in the vacant
developed areas. Nevertheless, the Town Board wanted to offer this land as modified
transition as inducement for future growth and development. The size of these
transition areas, plus the fact that much of it lies outside the presently
incorporated area, raises concerns of cost of extending services. The Town is
aware that outside extension of services to entice or support urban intensity of
development is often very expensive. Thus, detailed financial feasibility studies
are recommended as each outside transition area is considered for provision of
services.
The policies in Section II related to economic and community development
relate to these modified "transition" categories.
C. Community:
The purpose of designating areas in a community class is to provide for clustered
land development to help meet housing, shopping, employment, and public service
needs within the rural areas of the planning district. As outlined in the CAMA
guidelines, such areas usually refer to small clusters of rural development not
requiring municipal sewer service and clusters which usually occur at cross-roads.
No such areas exist inside the one mile planning area. Therefore no land within
that district is classified as "community" on the Land Classification Map.
D. Rural:
The purpose of the rural class is to provide for agricultural, forest management,
mineral extractions and other low intensity uses.
In accordance with the CAMA regulations, lands in this area have high potential
for agricultural use and include land with one or more limitations that would
make development costly and hazardous (particularly deep slopes and flood proneness).

55
As reflected in the foregoing policy section, Bath has considerable potential
for mineral extraction activity and.there are good stands of trees in the
area. Since the Planning Board, through its policy discussion, does not want
to encourage mining or commercial forestation in the one -mile planning area,
the rural category has been modified to provide for only desired uses within
the broader "rural" category:
Rural -agricultural: The area shown in white on the map, connoting
that agricultural activities are significant and desired in the
one -mile planning area.
Rural -residential: This is connoting that new subdivisions are
desirable outside the Town limits and serve a valuable economic
role in the Town's evolution over the next ten years.
Rural -commercial: This is connoting that new commercial development
is desirable in this area, consistent with the Town's Zoning
Ordinance.
E. Conservation:
The purpose of the conservation class is to provide for effective long-term
management of significant limited or irreplaceable areas. This management is
necessary in the.Bath planning district in and along the shores of Bath and
Back Creeks (areas designated as public trust waters and as coastal wetlands
(marshes)).
As stated in the policy statements above, the Town Board wishes that these
waters and marshes be protected and that only the uses it stated -as desirable
be permitted there. Because any development, including fill 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.

56
IV. INFORMATION BASE FOR POLICY DISCUSSION.
The following section presents in more detail, the information from which
the policy issue summaries were developed and upon which the policy dis-
cussion with the Planning Board was based. It first describes the manner
in which the information base was established, and then presents data
and conclusions regarding present conditions and economy, existing land
use, current plans and policies and regulations, constraints to development
(land suitability and capacity of community facilities), and estimated demand.

57
A. Establishment of the Information Base.
1. Manner of data assembly.
. Data for the Bath Land Use Plan was collected through a combined effort
of the Planning Board, the area's residents and Planning and Design
Associates, P.A., the town's consultant. This section outlines the general
methods of collection, with details discussed under the headings below.
Data assembly began with an assessment of the 1977 Bath Land. Development
Plan and its companion, the 1979 Zoning Ordinance. Interviews in the
living rooms of local Town Board members, Planning Board members, and town
employees provided information about the town's budget, capacity of its
water system, and the nature of local policies and ordinances, etc.
The consultant and Ms. Judy Edwards, Town Commissioner, made separate data
collection trips to Washington, NC to county and federal government offices.
State agencies in Washington, Greenville, and Raleigh were contacted for
collection of published data.
Since much of the information was not published or readily accessible, the
Planning Board chose to conduct a citizen survey (presented in the appendix),
which not only provided data but became a critical element in the citizen
participation process. The-Town's in -kind match was spent on this effort
both in postage and in hours of time that the Town Manager and other
citizens contributed toward tabulating and assessing the questionnaire.
Co-operation of the local postmaster and enthusiastic support of area
citizens made data collection a fundamental building block for continued
participation in the process and implementation of the finished product.
The collection of information regarding existing land use and hazard areas
was collected by updating the 1977 Land Use Map with a windshield survey
conducted by a member of the Town Board (Mrs. Judy Edwards) and the consultant.
Information regarding areas of environmental concern was collected through
a field (windshield and on foot) survey by the consultant with Mr. David
Gossett, CAMA Field Representative, and Beaufort County CAMA Permit Officer.
Detailed site -visit reports regarding contacts and data collection methods
are on file at the office of Planning and Design Associates, 3515 Glenwood
Ave., in Raleigh.
Conclusion: Like other very small communities, much of the information
-
required by the CAMA Guidelines for Land Use Planning is not published for
the Town of Bath. This necessitates considerable "leg -work" in the form
of interviews, on -site surveys, and other types of primary data work. While
these are desirable, and granted they contribute to the participatory
process, the small budgets alloted to small places are seldom adequate
to support such research.

w
INCORPORATED 1705
HISTORIC BATH
�I OLDEST TOWN I` THE STATE
+ew. uw DAM X01?TIT CAROLINA. 2780E
December 1, 1980
Dear Fellow Residents of the Town of Bath and its one mile planning
jurisdiction:
Please take a few minutes to complete the enclosed survey and return it to
Mr. Pearson Chrismon, Town Administrator, by December 10, 1980.
The Town Board of Commissioners and the Planning Board need to know your
views in order to update our Land Use Plan as required under the Coastal
Area Management Act. This plan will be used by the Planning Board, the
County CAMA Permit Officer, developers, and state and federal agencies to
make decisions about development and preservation activities around Bath
Creek and Back Creek, as well as in the Town limits.
We would like for you to attend the monthly meetings of the Planning Board
between now and the end of April so that you may have a continued voice in
the preparation of our Land Use Plan Update.
Thank you in advance for helping us with this survey. Please return it in
the enclosed envelope by December 12.
Sincerely,
Jim Edwards, Chai r
Town Planning Board
RT/gm
Enclosures

M
B. Population and Economy
1. Population.
In 1974, the population of the Town was approximately 220. The 1980 preliminary
census shows that the population has declined. At the same time, a small
population increase has occurred outside the Town limits. Population
data reflects that since 1950, the Town"s population has been declining.
The following table reflects the population trends from 1940 to 1980:
TABLE I
Bath Population Trends
Year Population
1940 380
1950 381
1960 346
1970 231
1975 220
1980 184
In the Bath Township, which we interpret as an outlying area which places
demand upon Bath for services, there were 3514 persons in 1980, representing
1983 households. This area has an average household size of 2.85 and
its population grew by 8.6% between 1970 and 1980. Thus, many of the
planning considerations made in this plan take into account this outlying
area and its population characteristics.
The following table reflects the Town's population by age and sex as of
1970. A review of the table will indicate the future potential for a
natural onpulation increase.
TABLE I I
Population
by Age
and Sex
Bath, 1970
PERCENT
AGE
TOTAL
MALE
FEMALE
OF TOTAL POPULATION
Under 5 years
7
4
3
3.03%
5 - 14
29
14
15
12.55%
15 - 24
35
15
20
15.15%
25 - 34
15
8
7
6.490%
35 - 44
24
12
12
10.390/10
45 - 54
25
13
12
10.82%
55 - 64
47
15
32
20.350%,
65+
49
18
31
21.21%
TOTAL
231
99
132
100%
The table indicates that a significant proportion (50/0) of the.population
is beyond the child bearing years. A survey earlier in 1980 revealed that
over 60% of the people were over 55 years of age.

There are no available estimates of seasonal population in -flow. Most of this
activity is week -end oriented, with several homes used for summer residences
in-rown and across the creeks. This inflow places additional demand upon the
water system, streets, and the existing septic system , trash Dick-uo, etc.
The 1980 preliminary census count (July, 1980) indicates that the population
declined 20.3% over the last 10 years.
The preliminary counts also show that population per household in 1980
(2.09) is 14% lower than in 1970 (2.43 persons per household).
Regarding housing itself, there were 110 units in both 1970 and 1980,
with 16 vacant units, accounting for a vacancy rate of 15.4%. Actually,
there has been some new construction in the town limits, but obviously
of minimal amount.
2. Economy.
Bath is principally a residential community whose residents commute to
work. As noted previously, Washington and Belhaven are close by and many
of the town's residents are employed there. The only commercial activities
in Bath are service related businesses. These activities include general
merchandise stores, service stations, a bank, two marinas, an ABC store,
and gift shops and employ approximately 30 people.
Perhaps the largest generator of Bath's popularity is the Historic District.
The Historic District draws many. tourists to town. The tourist trade
supports a few gift shops as well as contributing to the support of the
service related businesses. In terms of impact upon the Bath economy, the
tourist industry is significant.
Recently the historic impact of Bath has been enhanced by the completion
of an out -door drama amphitheater. The utilization of the facility will
be another inducement to visit historic Bath. The resulting increase in the
number of tourists visiting town will bolster the business community.
3. Major Conclusions.
The town of Bath's development problems are ones of stimulation rather than
immediate regulation or control of existing pressures. Population decline
and dwindling economic base provide.little foundation upon which to build
the type of community the Planning Board and Town Board desire.
Thus, an active strategy of co-ordinated development stimulation is warranted,
with initial efforts at enlarging the critical mass of the citizenry through
annexation so that the town can become more competitive for development
funds, which themselves are diminishing daily.

61
The economic future of the Town is largely in the tourism market place.
The outdoor Drama, Historic Bath, and recreational waters draw hundreds
during the summer months. New efforts should be undertaken to identify
and meet the service related needs of summer populations of BayView and Kilby
Island. Development of second and recreational homes may be accommodated,
but should be included in the tax base so as to accommodate the year-round
citizens who carry the character and finance an overwhelming.share of the
community's service costs.
Opportunity for population increase, then, appears to be in the in -migration
of new residents. Part of a sound strategy to achieve this must include
the development of new or close employment opportunities.

62
C. Existing Land Use.
1. Description.
Land use activities within the Bath area are dominated by the vast area
devoted to agricultural production. The Bath area includes not only the
Town of Bath, but also the one mile area of extraterritorial jurisdiction.
For the purposes of discussion, both areas will be considered as one unit
because land use activities in one area affects the total character of the.
community. This area is presented on the Land Use Map below.
a. Residential Land Use.
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. A
new subdivision has been developed on S.R. 1763 immediately north of
NC 92 and east of the corporate limits. This subdivision represents the
majority of new residential development in the area. The remaining year-
round dwelling units are much older.
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. At the
present time, there are several areas which are experiencing second home
development. They are as follows: 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; this development is more extensive than
first mentioned. Access to this devlopment 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.
This area includes approximately sixteen (16) units; and 4) within the
corporate limits of Bath one area, more than any other, is predominately
second home oriented. That area is located along East Front Street and
Back Creek Drive. In total, there are approximately ten (10) dwelling units.
It should be noted that each area has many year-round residents.
b. Commercial Land Use.
Within the planning area, there is not a distinct commercial district.
There are, however, three areas of commercial concern which are water,
tourists, aid services related.

EXISI'�1�lG LAND USE Ax=z xlvl(1.LOT) al�cia+Tr
Cl cc*uwfcLLL II LOT) Q a+ti�at � Trt tlaa.o pAA+e�•o)
V'Ist72T71 W (1 L 0 T) MY to
a�tt>~AL11K r�utw-� L _ _ _ _ �+� +� �� s.�•a,ln�c
<•J tCA*r1w• OU11V A11 et 1 A T t t, P. A.t I w,.q .A•ruA ••, 1-... _
t.. Ar-,t.. 11 •I ...I--.1 r•1\• �� ._.

64
The water -related commercial activity is focused upon the sailboat marina which
is located on the east side of Bath Creek,.immediately south of N.C. 92. The
marina has a capacity for approximately thirty (30) boats. In addition to the
marina, a new commercial activity oriented toward sailboat repair has recently
been established on Bath Creek as well. A private boat ramp is located at the
southwest side of Back Creek Bridge and northeast side of Bath Creek Bridge
which provide access for a nominal fee.
The historic significance of the Town brings many tourists to Town during the summer
months. At that time, there are several shops which are open and cater to the
tourist.
The final level.of commercial activity relates to the provision of goods and
services which are required for day to day living. These activities include
service stations, two grocery stores, a bank and post office, and an ABC store.
The extent of these activites is limited and at this time does not have a negative
impact upon adjacent land uses.
c. Cultural and Institutional.
The historic importance 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
Bath Historic Properties Commission and the Historic District Commission.
The following map shows the Town's inventory of historically signi+icant
structures.
In many respects, the historic places and atmosphere which characterize
Bath are like a natural resource, when they no longer 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. More directly,
many town residents express concern about development which may or could
occur within town, which would have the effect of negating the historic
atmosphere.
In addition to the historic properties, there is a large block of land
on the south side of NC 92, immediately east of Bath High School, which
is owned by the Beaufort County Board of Education. The utilization of
that property, according to the Board, is for a future educational complex
which is to be developed for students in the eastern portion of the county.
Plans for development of this tract have not been completed and are not
currently being pursued.

1
65
TOWN OF
BATH
B AUFORT COUNTY, NORTH CAROLINA
JANUARY. 1901
\d .
Q
• .per _ � ' 1� W
W
r
z
ti
m
\\ I2
I a�
97
0
1 / ''
I.
„ 11
i
` C �
S
M
17
\
ARCHEOLOGICAL SITES HISTORIC STRUCTURES
Locations of archeological sites identified by 1. House 7. St. Thomas Church
the N.C. Division of Archives and History are 2. Blacksmith Shop 8. New Public Library
on file in the Division's Archeology Branch. 3. Palmer -Harsh House. 9. House
See Appendix, p. 106, for site location 4. Van Der Veer House 10, Carrow House
numbers and cultural affiliation descriptions. 5. Buzzard Hotel (removedhl. Bonner House
6. Swindell's General Store
Inventory of Historic Properties
N Bath, N.C.
OSCALE 1'• 1500'
O S?A 730 1300 3000
Source:•Division of Archives & History
March 2 ; 1981
Beth Pearsall
OPLANNINS t O[UIN AISOCIATt9,►A.•RALCIIN,K•JARVARY, fill..
rtvlxL0,,p11Y1n?2

;. .
d. Agricultural and Forest Lands.
The largest land use activity within the planning district is devoted toward r
agricultural production and forestry. The area immediately north of Town
is oriented toward agricultural production. The major crops include corn
and soybeans. A majority of land area east of Town, across Back Creek,
is undeveloped and forested. The land west of Bath, across Bath Creek,
is also undeveloped, but agricultural production is more extensive.
These two land use activities have few implications upon adjacent land
uses. They 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.
2. Analysis of Existing Land Use.
a. Significant land use compatibility problems.
Comparison of the existing Land Use Map with the fragile areas map,
hazard areas map, and map of flood -prone areas renders the following con-
clusions:
There are currently three places in the community, all are the intersections
of the Bath Creek and Back.Creek Bridges with the peninsula where commercial
development rests in areas which have been flooded in the past. Examination
of the flood -prone areas map shows that these areas,'as well as a
considerable amount of shoreline from Handys Point to the Back Creek Bridge
are subject to flooding.
Residential development is very close to the coastal wetlands AEC,
which, while being natural for a waterfront community, stimulates ad-
ditional concern for those wishing to build bulkheads. Careful monitoring
by the Office of Coastal Management is currently protecting those areas.
Residential and business development occurs in areas with particularly
shallow soils and poor drainage, as shown in Section B II above.
Agricultural land use within the Town limits are currently using space .
which could be more appropriately for community and economic development.
Taxed at lower rates, the current uses are incompatible with the long-
range development goals of the community.

67
Extensive institutional and cultural -development (vacant) -also are
inconsistent with development goals in that they contribute nothing to the
tax base. In that the schools, churches, and state owned lands and historic
properties cover approximately one-third of the land area inside Town, and
because of thier limited operation, they cause vast amounts of in -activity
after 5:00 in the evening. Such amounts of in -activity are not compatible
with the revitalization objectives of commercial and residential development.
In addition- to these sitings, other areas may be classified as incompatible
exists, which are addressed under "man-made hazards" below.
b. Major problems that have resulted from unplanned
development, and that have implications for future
land use.
Currently, as noted in Planning Board discussions and through.assessment
of data, there are no major problems from unplanned development. Potentials
regarding proliferation of mobile homes has been addressed in the zoning
ordinance (1979) and the issue of potential damage from commercial piers
and marinas is addressed in this CAMA Land Use Plan.
One related matter, the lack of holding tanks for depositing boat wastes
is also addressed in this document.
c. Identification of areas experiencing or likely to
experience changes in predominant land use.
As seen through comparing the 1977 Land Use Map to the 1981 Land Use Map,
most changes which have occurred have been commercial and residential
outside the existing Town boundaries. If these trends continue, then the
areas east of the school toward Back Creek, and just on the east shore of
that creek will likely continue to change.
If development occurs as planned the areas designated as transition on
the Land Classification Map will likely undergo change by 1990. These
are primarily located north and east of the Town limits.
Xopefully, the vacant and agricultural land inside the Town limits will
also be developed as commercial and residential as noted numerously above.
Certainly, the waterfront's edge is the most attractive area of the community,
is likely to continue to endure considerable pressure for second and
recreational home development.
d. Areas of Environmental Concern.
As noted in Section II, the areas of environmental concern in Bath's planning
area are coastal wetlands (marshes) and public trust waters (waters of
Bath Creek and Back Creek). Details of these categories are presented in
the CAMIA regulations (15 NCAC 7H) and adaptations for the Bath area are
presented in Section II above.

D. Current Plans, Policies, and Regulations.
1. Listing and summary of significant existing local plans
and policies.
a. Land Use Plan.
A Land Development Plan for the Town of Bath, North Carolina, was prepared
in June, 1977 with assistance from the North Carolina Department of
Natural and Economic Resources. This plan analyzed existing conditions
and land use patterns, discussed constraints upon development, outlined a
land development strategy particularly related to putting into place
necessary ordinances (zoning) and establishing a Historic District
(ordinance and commission), and set forth goals for development with
implementation suggestions. It differed from the current CAMA plan in that
the latter has considerably more emphasis on areas of environmental concern,
and offers the land classification framework, detailed policies for future
development, and strategies for implementing those policies. The 1977 Plan
provided a sound basis upon which to conduct the current work.
b. Zoning Ordinance
In 1979, the Zoning Ordinance of Bath, North Carolina was prepared with assistance
provided by NRCD (Northeastern Field Office and the Mid -East Commission). This
document was modified in 1980 making it consistent with the CAMA guidelines for
areas of environmental concern and in 1982, was completely revised and adopted
(June 14). The revision featured changing the definition of marinas to that
shown on page 10 of this document, and extended the zoning district to the
full one mile allowed by N.C. Statute. As such, the Official Zoning Map is
the final authority as to the current zoning status of land and water areas,
building, and other structures in the Town of Bath and its zoning jurisdiction.
The.revised zoning ordinance became the basis upon which this Land Use Plan
(originally adopted on October 12, 1982) was amended.
c. Hurricane Evacuation Plan and Policies.
The Beaufort County hurricane evacuation plan is in effect, which established
procedures for prompt action in the event of an advised evacuation.
Administrated by the Beaufort County Civil Preparedness Co-oridnator
in Washington, NC, the plan also serves a guideline in the event of flooding.
d. Other Plans and Policies.
The only transportation plans in effect are the ones prepared by the state
(the State of roug are Plany.

••
The Town of Bath has no community facilities plan at this time. However,
application has been filed for EPA 201 funding to prepare one for wastewater
treatment.
Utilities extension policies were established in the 1977 Land Development
Plan related to establishing a "partnership" arrangement with higher density
developers so that the cost of extension could be shared equitable. These
nave been modified and set forth anew in this CAMA Land Use Plan.
There is currently no open space or recreational policy for the Town of Bath.
A recreational policy may be appropriate in the future as funds may be
available for construction, policing, and parking.
2. Means for enforcement of all existing local land use regulations:
a. Zoning is enforced by the Planning Board which also
operates as the Historic District Commission, and by the
Board of Adjustment.
b. The only building code is the state building code and
.it is enforced by the Beaufort County Inspections Department.
c. Septic tank regulations are those fostered by the State
and are enforced by the Beaufort County Health Department.
d. The Historic District is part of the Zoning Ordinance
and is enforced by the Planning Board which acts as the
Historic District Commission.
e. Environmental impact regulations are enforced by the State.
Other means of enforcement listed in the CAMA guidelines for land use planning,
but not applicable in Bath,include: subdivision regulations floodway ordinances,
sedimentation regulations, and other codes or regulations.
3. Relevant State and Federal Regulations affecting the coastal
land and water resources.
See attached list provided by the Department of Natural Resources and Community
Development.

70
STATE DEVELOPMENT REGULATIONS
Agency Licenses and Permits
Department of Natural Resources and Community Permits to discharge to surface waters
Development or operate wastewater treatment
plants or oil discharge permits;
NPDES Permits, (G. S. 143-215)
Division of Environmental Management
- Permits for septic tanks with a
capacity over 3,000 gallons/day
(G. S. 143-215.3).
- Permits for withdrawal of surface
or ground waters in capacity use
areas (G. S. 143-215.15).
- Permits for air pollution abatement
facilities and sources
(G. S. 143-215.108).
- Permits for construction of ccm-
plex sources; e. g. parking lots,
subdivisions, stadiums, etc.
(G. S. 143-215.109).
- Permits for construction of a well
over 100,000 gallons/day (G. S. 87-
88) .
Department of Natural Resources and
Community Development - Permits to dredge and/or fill in
Office of Coastal Management estuarine waters, tidelands, etc.
(G. S. 113-229).
- Permits to undertake development
in Areas of Environmental Concern
(G. S. 113A-118).
NOTE: Minor development permits
are issued by the local
government. +

APPENDIX CONTINUED -
Department of Natural Resources and
Community Development
Division of Earth Resources
Department of Natural Resources and
Community Development
Secretary of NRCD
71
- Permits to alter or construct a
dam (G. S. 143-215.66).
- Permits to mine (G. S. 74-51).
- Permits to drill an explanatory
oil or gas well (G. S. 113-381).
- Permits to conduct geographical
exploration (G. S. 113-391).
- Sedimentation erosion control
plans for any land disturbing
activity of over one contiguous
acre (G. S. 113A-54).
Permits to construct an oil refinery
Department of Administration - Easements to fill where lands are
proposed to be raised above the
normal high water mark of
navigable waters by filling
(G. S. 146.6 (c).
Department of Human Resources - Approval to operate a solid waste.
disposal site or facility
(G. S. 130-166.16).
- Approval for construction of an,,
public water supply facility that
furnishes water to ten or more
residences (G. S. 130-160.1).

72
FEDERAL DEVELOPMENT REGULATIONS
Agency Licenses and Permits
Army Corps of Engineers - Permits required under Section 9
(Department of Defense) and 10 of the Rivers and Harbors
of 1899; permits to construct in
navigable waters.
- Permits required under Section 103
of the Marine Protection,
Research and Sanctuaries Act of 1972.
Permits required under Section. 404
of the Federal Water Pollution
Control Act of 1972; permits to
undertake dredging and/or filling
activities.
Coast Guard - Permits for bridges, causeways,
(Department of Transportation) pipelines over navigable waters;
required under the General Bridge
Act of 1946 and the Rivers and
Harbors Act of 1899.
- Deep water port permits.
Geological Survey - Permits required for off -shore
Bureau of Land Management drilling.
(Department of Interior) - Approvals of OCS pipeline corridor
rights -of -way.
Nuclear Regulatory Commission - Licenses for siting, construction
and operation of nuclear power
plants; required under the Atomic
Energy Act of 1954 and Title II of
the Energy Reorganization Act of
1974.

Federal Energy Regulatory Commission
10
73
- Permits for construction, operation
and maintenance of interstate pipe-
lines facilities required under the
Natural Gas Act of 1938.
- Orders of interconnection of
electric transmission facilities
under Section 202 (b) of the
Federal Power Act.
- Permission required for abandon-
ment of natural gas pipeline and
associated facilities under
Section 7C (b) of the Natural
Gas Act of 1938.

74
E. Constraints: Land Suitability.
In accordance with the CAMA regulations, the following is a brief analysis
of the general suitability of the undeveloped lands within the planning
area for development, with consideration given to factors of physical
limitations for development, fragile areas, and areas with resource
potential. Maps for these factors are presented in Section II to illustrate
policy development. The analysis presented here plus related sections of
policy discussion were the basis for the design of the Land Classification
Map.
1. Physical Limitations for Development.
The following areas were identified as likely to have conditions making
development costly or causing undesirable consequences if developed:
a. Hazard Areas.
As shown on the hazard areas map and the flood -prone areas map, the major
na Wral-!azards in the Town of Bath's planning district include flood
areas and points of excess erosion.
Flood -prone areas shown on the map have a 1 in 100 chance on the average of
being inundated during any year. As a rule, development should either be
directed away from those areas or be undertaken so as to withstand the likelihood
of inundation.
b. Areas with soil limitations.
These include hazards for foundations, shallow soils, poorly drained
soils and areas with limitations for septic tanks. Detailed soils information
is presently being produced and collected by the District Soil Conservation
Service. 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 carrying capacity for road construction or drainage functions
which require expensive construction techniques or modified septic systems.
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.

75
The slope ranges from nearly level to fifteen (15%) percent. These soils
have a medium 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 througn
its Zoning Ordinance. The association poses limitations upon not only septic
tanks, but also bearing strength for structures clue to a relatively high
water table and 'hazard from fioodiny.
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 from friable, or brittle, sandy clay loam to very firm
clay. These soils also place severe limitations upon 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.
The third soil association found in the 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 this association pose fe.�J
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.
c. Sources of water supply.
There are two sources of water available to most communities: groundwater
resources and surface water supplies such as reservoirs. 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 !rater, the actual distribution
of water does vary ranging from individual wells to a central water
distribution system.

76
In the majority of the area of extraterritorial jurisdiction, individual
wells are the only source of water. The only exception is the Spring Dale
Subdivision, the east end of Cedar Lane, and the stores on Hwy. 92, all of
which have access to the central water distribution of the Town. Therefore,
future development must rely upon ground water supplies.
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. Recent studies -by
the Ground plater Division of the North Carolina Department of Natural
Resources and Community Development indicate that no problems should occur
in the future. It is anticipated that at some point North Carolina Phosphate
will initiate mining activity on the south side of the Pamlico River.
d. Areas where the predominant slope exceeds 12 percent.
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 the flood -prone areas map indicates that other
areas of greater than 12% slope occur on the partially eroded shoreline
of the creeks.
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
AECs and a series of properties on the state registry of historic places.
The area has none of the following: sand dunes along the outer banks;
ocean beaches or shorelines; estaurine waters; areas which sustain remnant
species; areas containing unique geological formations; registered natural
landmarks or others such as wooded swamps, prime wildlife habitats, scenic
and prominent high points.
3. Areas with resource potential.
As noted in the resource production section above, the area is generally
productive for agricultural lands, but has no specific productive and unique
agricultural lands. The potentially valuable phosphate concentration is
addressed above in the same section. There are no publicly owned forest,
or fish and game lands in the area and no privately owned wildlife
sanctuaries.
Bath, as noted above, has about one-third of its incorporated area consumed
by publicly owned parks or vacant lands which serve as ways of prohibiting
development on the water's edge and which support the state's historic
interest in the Town'sIssues stemming from these ownership and use patterns
are addressed under economic and community development in Section II.
The Town has no other non -intensive outdoor recreation lands, in that most
of such activity takes place in the waters of Bath and Back Creek.

77
F. Constraints: Caoacity of Communitv Facilities.
1. Existing Water Service System.
The central water distribution system for Bath consists of two wells with
yield capabilities of 75 gallons per minute. On a daily basis, this would
yield well over 200,000 gallons per day, assuming both wells were operating
at the same time. The capacity of the system is not fully utilized, and
future expansion is possible.
Put in in1574 and opened in 1975, the system serves 148 households and
businesses, which currently use 21,000 gallons per day. The system is
designed to produce 150 gallons per minute, which renders 216,000 gallons
per day, leaving the system at 9.7%.capacity. This indicates that
considerable accommodation for development is available in the future.
The current treatment plan uses a green sand filter system, with two water
softners and a chlorinator. As noted in the policy discussion section, the
aeriation building.is in need of repair and other maintenance is warranted
before the unused capacity of the system can be fully realized.
2. Wastewater System.
The Town of Bath has no central wastewater treatment system. Everyone
is currently on individual septic tank. This represents a considerable
constraint to future development, as pointed out in Section II.
3. School System.
The Bath High School is the only educational institution in the area.
Added onto since 1920, it is currently designed to serve 800 pupils, with
approximately 750 now in grades K-12. Projections show no growth or loss
in service by 1990; the school will continue to use about 94% of its capacity.
4. Roads.
The transportation infrastructure is comprised of roads which are both
paved and unpaved. Within the corporate limits of Bath is one street which
is unpaved (Bowen Ave.).

Within the area of extraterritorial jurisdiction, there are approximately
six (6) streets or roads which are unpaved. Three of these rights -of -way
have been, or are in the process of becoming, developed for residential
purposes. The most conspicuous area is S.R. 1763, which is the access to
Springdale Village. At the present time there are approximately sixteen
(16) dwelling units along the road, which represent only about thirty (30%)
.percent of the estimated number of units which may ultimately be constructed.
Along the eastern portion of NC 92 there are two other unpaved roads which
are also in the process of being residentially developed. The majority
of these units 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.
These two roads are S.R. 1767 and an access road located immediately east
of the Back Creek Bridge on NC 92. The access road does not have a state
route number. That road currently provides access to a partially developed .
subdivision.
Of the three unpaved roads, two are experiencing 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
Transportation for maintenance. This access road has two dwelling units
which have been constructed. The second unpaved road is S.R. 1340. The
portion of this road which is adjacent to Bath Creek has experienced a
high level of development.
The importance of the unpaved roads within the planning area is twofold:
their potential for development, and their maintenance problems. The
potential for development of areas with unpaved access to"pub'lic services.
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
fianlly, for paving. A question which arises concerns 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.
Currently, the State's Transportation Improvement Program contains one project
in Bath, the replacement of the bridge over Back Creek on N.C. 92 (B-710).

VAR]
G. Estimated Future Demand.
1. Population and Econom
The population of Bath.in'1980 was 184.persons. This is projected -for 1990 to
be between 147 and 135 persons, depending upon the method of projecting.
Thus, the specific amount of demand from population inside the Town is negative.
This places considerable implications for future development upon attracting
in -migration of a permanent nature.and upon annexation for development and
revenue purposes.
According to the 1980 preliminary census figures, Bath Township was inhabited
by 3,514 persons in 1980, representing a 8.6% increase since the 3,237 of
1970. Certainly some of this surrounding growth should make its implications
felt on the Town of Bath and its planning district. This amount is yet
undetermined.
The Existing Land Use Map (pages 16 and 63) shows households which are inside
the planning district but outside the Town limits at the time the census was
taken. At the average 1980 household size of 1.09 (Bath census), this represents
an additional 191 persons who are users of various services provided in Bath,
and who represent potential future demand (assuming that all these units
are occupied year-round, which they are not).
More related to immediate future demand is the population residing in the area
labeled transition -mixed on the Land Classification Map (page 51). Currently,
there are 30 units within this area, 15 of which were annexed since the census.
.(The annexation becomes effective January 2, 1983). The remaining 15 units of
the Springdale Village subdivision, if annexed later, would add an additional
32 persons to Bath's population, raising it by 34% (assuming all these units are
year-round residences, which they are not).
Assuming further that during peak periods, the 110 units inside the Town at the
time of the census are at full capacity (with a 15.4% vacancy rate = 110 - 16 =
94 x 2.09 = 197 persons), adding the annexation of the 15 units and assuming
the annexation of 15 additional units (53 persons as noted above), the immediate
future demand would be 197 + 64 = 261. Assuming the growth rate of the remainder
of Bath Township over the last 10 years (8.6%) to this number, places the upper
bound (best case) projection of future demand in 1990 at 283 persons.
One could inflate this estimate given that the household size in the remainder
of the Township is (2.85), 37% larger than inside the Town's Development of
second or recreational homes at Bayview/Kilby Island, though outside the planning
area, provides additional potential demand for services and commercial
development in Bath. Additionally, the influx of other seasonal population
could bring the peak demand higher than this figure at any one time.

Thus, to say the least, projecting the future demand for services and land
use patterns in Bath is tenative at best. As noted above, the problem is.
one stimulating rather than riding -out estimated demand for the future.
Projecting changes in the economic base are equally tenuous. Within the
small area, service oriented commercial development could pick up due to
the rising price of gasoline. However, the key to economic development
is the attraction of locally hiring light industry. Section II states
policies which are oriented toward diversifying the local economy and building
upon the tourist and summer recreation trade now compromising significantly
to the local econonmy.
2. Future Land Need.
Assuming the best case above, the 1990 population of 283 persons will require
a total of 156 housing units, (283 x 1.154 vacancy divided by 2.09 = 156)
assuming the household size remained the same, and that the vacancy rate
remains high. At approximately one-half acre per unit, this means that 78
acres would be demanded for residential development.
Assuming a ratio of one commercial establishment per 10 households (that. currently
seen in the Bath landscape, this represents a crude estimate of five new
commercial establishments (156 units - 110 = 46 x .1 = 5) by 1990.
This rough and crude estimate however, should be modified given better information
beyond the scope of this effort. Currently, the Planning Board discussions
have alluded to a restaurant, and several small businesses which make this
number somewhat realistic, unless a concerted economic development strategy
is initiated. At the same density requirements, this means that two additional
acres will be demanded for commercial uses.
As noted above, consideration for improved maintenance on the water system,
the need for a innovative and alternative wastewater treatment system,
improved paving, and upkeep of the school is recognized because of reasons
other than increased projected demand. Currently, the water system, school,
and street have extra capacity. The wastewater treatment non -system (that
is, septic tanks) is reaching its limit, stimulating the need for a centralized
system in order to help attract appropriate demand for development in the
downtown and in outline "industrial park" areas.
There is sufficient vacant and inappropriately used land which could change areas
within the Town limits to accommodate this projected demand. However, the key to
service provision and initiation of development in Bath is the annexation of
the Town limits as proposed under the Policy Development in Section II above.
3. Community Facilities Demand.
The increasing demand for improved water system and installation of a community,
land -based wastewater system are addressed in detail in Section II above.
In making these improvements, the Town wishes to maintain the existing densities
permitted in zones R-1 (light residential: one unit per 20,000 square foot,
except duplexes which require 30,000 square foot); R-2 (medium residential:
20,000 square foot, except with water or sewer, then 10,000 square foot);
B-1 (central business district) and B-2 (general Health Department unless
served by water and sewer.

81
V. APPENDIX
1. Excerpts of CAMA Regulations 15 NCAC 7H for Coastal Wetlands
and Public Trust Waters (pages 82-90)
2. Letter from Beaufort County designating Town of Bath as CAMA planning
jurisdiction (page 91)
3. Citizen Survey questionnaire, December 1, 1980 (pages 92-96)
4. Checklist for Land Use Plan (April 30, 1981; pages 97-100)
5. Synopsis (pages 101- 105)
6. Archeological Sites (page 106)
7. Phosphate Leases and Cross Sections (pages 107-109)

9N
MCD - COASTAL MANAGEMENT 7H . U200
Eff. September 9, 1977. 207
.02U4 AECs WITHIN THE ESTUARINE SYSTEM 209
The following regulations in this Section detine each AEC 211
within the estuarine system, describe its significance, 212
articulate the policies regarding development, and state the
standards for development within each AEC. 213
History Note: Statutory Authority G.S. 113A-107 (a) ; 216
113A-107 (b) ; 217
Eff. September 9, 1977. 218
.0205 COASTAL WETLANDS 220
la) Description. Coastal wetlands dre defined as any salt 222
marsh or other marsh subject to regular or occasional flooding by t23
tides, including wind tides (whether or not the tide waters reach 224
the marshland areas through natural or artificial watercourses),
provided this shall not include hurricane or tropical storm 225
tides.
t-oastal wetlands contain some, but not necessarily all, of the 226
following marsh plant species: 227
(1) Cord Grass (Spartina alterniflora), 229
(2) Black Neealerush (Juncus roemerianus), 230
(3) Glasswort (Salicornia spp.) , 231
(4) Salt Grass (Distichlis spicata) , 232
(5) Sea Lavender (Limonium spp.) , 233
(6) culcush (Scirpus spp.) , 234
(7) Saw Grass (Cladium jamaicense) , 235
(8) Cat -tail (Typha spp.) , 23h
(9) Salt Meadow Grass (S partina patens) , 237
(10) Salt Reed Grass (Spartina cynosuroides) . 238
Included in this definition of coastal wetlands is "surd 240
contiguous land as the Secretary of NRSCD reasonanly deems 241
necessary to affect by any such order in carrying out tn,:
Eurposes of this Section." [G.S. 113-230(a)) 242
St)) Significance. The unique productivity of the estuarine 243
system is supported by detritus _(decayed plant material) ani 244
t:utrients that are exported from the coastal marshlands. The
amount of exportation and degree of importance appears to be 245
variable from marsh to marsh, depending primarily upon its 24U
Lrequency ot' inundation and inherent characteristics of thy:
various plant species. Without the marsh, the high productivity 247
levels and complex food chains typically found in the estuaries 248
ciuid not be maintained.
ma harvests various aspects of this productivity wnen ac 24)
Lishes, hunts, and gathers shellfisn from the estuary. Estuarine 250
dependent species of fish and shellfish such <is menhaden, shrimp,
NCRTH CARCLINA ADMINISTRATIVE CODE 12/01/80 7-7

99
NR&CD - COASTAL MANAGEMENT 7H .0200
flounder, oysters, and crabs currently make up over 90 percent of 251
the total value of North Carolina's commercial catch. The 252
marshlands, therefore, support an enormous amount of commercial
and recreational businesses along the seacoast. 253
The roots, rhizomes, stems, and seeds of coastal wetlands act 255
as good quality waterfowl and wildlife feeding and nesting256
materials. In addition, coastal wetlands serve as the first line 257
of defense in retarding estuarine shoreline erosion. The plant
stems and leaves tend to dissipate wave action, while the vast 258
network of roots and rhizomes resists soil erosion. In this way, 259
the coastal wetlands serve as barriers against flood damage and
control erosion between the estuary and the uplands. 260
larshlands also act as nutrient and sediment traps by slowing 262
the water which flows over them and causing suspended organic and 263
inorganic particles to settle out. In this manner, the nutrient 264
storehouse is maintained, and sediment harmful to marine
crganisms is removed. Also, pollutants and excessive nutrients 265
are absorbed by the marsh plants, thus providing an inexpensive 266
water treatment service.
Sc) Management Objective. To give hiyhest priority to the 268
protection and management of coastal wetlands so as to safeguard 269
and perpetuate their biological, social, economic and aesthetic
values; to coordindte and establish a management system capable 270
of conserving and utilizing coastal wetlands as a natural 271
resource essential to the functioning of the entire estuarine
system. 272
_(d) Use Standards. Suitable land uses shall be those 273
consistent with the management objective in this Rule. Highest 274
priority of use shall be allocated to the conservation of
existing coastal wetlands. Second priority of coastal wetland 275
use, shall be given to those types of development activities that 276
require water access and cannot function elsewhere.
Unacceptable land uses may include, but would not be limited 277
to, the following examples: restaurants and Lusinesses; 276
residences, apartments, motels, hotels, and trailer parks;
1•4rking lots and private roads and nignways; and factories. t79
Examples" or acceptable land uses may include utility easements, 280
fishing piers, docks, and agricultural uses, such as farming and
forostry drainage, as permitted under North Carolina's Dredge and 281
Fill Act and/or other applicable laws.
in every instance, the particular location, use, and design 282
characteristics shall be in accord with the general use standards 283
for coastal wetlands, estuarine waters, and public trust areas
described in Rule .0208 of this Section. 284
History Note: Statutory Authority G.S. 113A-107(a); 287
113A- 107 (b) ; 113A-113 (b) (1) ; 1t;3
NORTH CAROLINA ADMIIIISTRATIVE CODE 12/01/80 7-3

.0207 PUBLIC TRUST' AREAS 345
1a) Description. Public trust areas are all waters of the 347
Atlantic Ocean and the lands thereunder. trjm the mean nigh water 348
murk to the seaward limit of state jurisdiction; all iaatural
bodies of water subject to measurable lunar tidos and lands 349
thereunder to the Dean high water mark; all navigable natural 350
t.odies of water and lands thereunder to the mean nigh water level
Dr mean water level as the case may be, except privately-)wned 351
lakes to which the public has no ri3nt at access; all water in 352
artificially created bodies of water containing signiticant
jublic fishing resources or other public resources which are 353
accessible to the public by navigation from bodies or water in 354
uhich tLe public has rights of navigation; and all waters in 355
rtificially created bodies of water in which tae public Las
acquired rights by prescriptiou, custom, usage, dedication, or 356
any other means. In determining whether the public has acquired
rights in artificially created bodies of water, the following 357
factors shall be considered:
(1) the use of the body of water by the public, 359
(2) the length of time the public lids used the area, 360
(3) the value of public resources in the body of water, 361
14) whetner the public resources in the body of water .ar: 363
mobile to the extent tnat they can move inta natural 264
bodies of water,
NORTH CAROLINA ADMINISTRATIVE CODE 12/01/80 7-10

85
NRSCD - CCASTAL MANAGEMENT 7H .020U
15) whether the creation of the artificial body of water 365
required permission from the state, and 366
16) the value of the body of7 water, to the public for 367
navigation from one public area to another public area. 368
Sb) Significance. The public has rights in these areas, 370
including navigation and recreation. In addition, these areas 371
support valuable commercial and sports fisheries, have aesthetic
value, and are important resources for economic development. 372
Sc) Management Objective. Toi protect public rights for 373
navigation .and recreation and to Preserve and manage the public 374
trust areas so as to safeguard and perpetuate their biological,
Economic and aesthetic value. 375
1d) Use Standards. Acceptable uses shall be those consistent 376
with the management objectives in 1c) of this Rule. In the 377
absence of overriding public benefit, any use which significantly
interferes with the public right of navigation or other public 376
trust rights which the public may be found to have in these areas 379
shall not be allowed. The development of navigational channels
cr arainage ditches, the use of bulkheads to prevent erosion, anti 380
the building of piers, wharfs, or marinas are examples of uses 381
that may be acceptable within public trust areas, provided that
such uses will not be detrimental to the public trust rights and 382
the biological ana physical functions or the estuary. Prijects .3P3
which would directly or indirectly block or impair existing 364
tavigation channels, increase shoreline erosion, deposit spoils
telow mean high tide, cause adverse water circulation patterns, 385
violate water, quality standards, cr cause degradation of 386
snellfish waters are generally considered incomFdtible wits the
management policies of public trust areas. In every instance, 387
the particular location, use, and design characteristics stall uu JRH
in accord with the general use standards for coastal wetlands,
Estuarine waters, and public trust areas. 389
H.Lstory Note: Statutory Authority G.S. 113A-107 (a) ; .l92
113A-107 (b) ; 113A-113 (b) (5) ; 393
Eff. . September 9, 1977. 394
.0208 USE STANDARDS 396
(a) General Use Standards 397
11) Uses which are not water dependent will not be 3911
permitted in coastal wetlands, estuarine waters, and 400
public trust waters. c3estdurants, resideri:ces,
apartments, motels, hotels, trailer parks, private 401
roads, factories', and parking lots are: examples at use:
that are not water dependent. Uses that are water 402
dependent may include utility easement; ducks; 4Uj
wharfs; boat ramps; dredging; Drid 3t:s and br.Ld3e
NGRTH CAFOLIhA ADMINISTRATIVE CODE 12/C1/80 7-11

NR&CD - COASTAL dANAGEdENT
7H .0200
approaches; revetments, bulkheads; culverts; groins; 404
navigational aids; mooring pilings; navigational
channels; siaple access.channels and drainage ditches. 405
S2) Before being granted a permit by the CRC or local 406
permitting authority, there shall be a finding that tae 407
applicant has complied With the following standards:
1A) The location, design, and need for development, as 409
well as the construction activities involved must 410
be consistent with the stated management
objective.
1 B) Before receiving approval For location of a use or 411
development within these AECs, the permit -letting 412
authority shall find that no suitable alternative_
site or location outside of the AEC exists for the 411
use or development arid, further, that the
applicant has selected a combination of sites and 414
design that will have a minimum adverse impact
upon the Productivity and biologic integrity at 415
coastal marshland, shellfish beds, submerged grasp
beds, spawning and nursery areas, important 416
nesting and wintering sites for waterfowl and
wildlife, and important natural erosion barriers 417
(cypress fringes, marshes, clay soils) .
1C) Development shall not violate water and air 418
quality standards. 419
Jr.) Development sh311 not cause major or irreversiNl�. 420
damage to valu4Lle documented archaeological or 421
historic resources.
jE) Development shall not measurabl1 . incr,2ase 422
siltation. 423
jF) Development shall not create stagnint water 424
_bo di es . 425
jG) . Development shall be timed to nave minimum adverse 426
significant affect on life cycles of estuarine 427
resources.
1H) Development shall not impede navigation or create. 428
undue interference _with access to, or use of, 429
public trust or estuarine waters.
11) Development proposed in estuarine waters must al::) 430
De consistent wits► applicable standards for the 431
ocean _hazard system AECs set forth in Section
.0300 of this Subchapter.
s3) When the proposed development is in c:onzlict with the 431
general or specific use standards set forth in this 4.34
Hule, the CRC may approve the development it tn.,
applicant can demonstrate that the activity associated 435
with the proposed project will have public tenerits as
NORTH CAIROL1NA AMINISTRATIVE CODE 12/01/80 7-12

NRSCD COASTAL MANAGEMENT 7H .0200
identified in the findings and goals of the. Coastal 436
Area Management Act, that the public benefits clearly 437
outweigh the long range adverse effects of the project,
that there is no reasonable and prudent alternate site 438
available for the project, and that all reasonable
means and measures to mitigate adverse impacts of the 439
project have been incorporated into the project design .
and will be implemented at the applicant's expense. 440
These measures taken to mitigate or minimize adverse 441
impacts may include actions that will:
sA) minimize or avoid adverse impacts by limiting the 443
magnitude or degree of the action; 444
JB) restore the affected environment; or 445
SC) compensate for the adverse impacts by replacing or 447
providing substitute resources. 448
Sb) Specific Use Standards 450
j1) Navigation Channels, Canals, and boat Basins. 452
Navigation channels, canals and boat basins must be 453
aligned or located so as to avoid highly productive
shellfish beds, beds of submergent vegetation, or 454
regularly and irregularly flooded marshes.
12) Hydraulic Dredging 455
1A) The 'terminal end of the drzdge pipeline should be 457
positioned at a distance sufficient to preclude 453
erosion of the containment dike and a maximum
distance from spillways to allow adequata 459
settlement of suspended solids.
jB) Dredge spoil must be either confined on nigh 460.
ground by adequate retaining structures or if the 461
material is suitable, deposited on beaches for
purposes of renourishment, with the exception of 462
(G) of this Subsection (b) (2) .
jC) Confinement of excavated materials shall be on 463
high ground landward of regularly and. irregularly 464
flooded. marshland and with adequate soil
stabilization measures to prevent entry of 465
sediments into the adjacent water bodies or marsh.
SD) Effluent from diked areas receiving disposal troa 466
hydraulic dredging operations must be contained oy 467
pipe, trough, or similar device to a point
waterward of emergent vegetation or, where local 4bg
conditions require:, below mean low water.
,(E) when possible, effluent from diked disposal areas 469
shall be returned to the area being dredged. 470
SF) A water control structure must be installed at the 471
intake end of the effluent pipe. 472
NORTH CAROLINA ADMINISTRATIVE CODE 12/01/80 7-13

NRSCD - COASTAL
MANAGEMENT 7H .0200
jG)
Publicly funded projects will be considered by
473
review agencies on a case by case basis with
474
respect to dredging methods and spoil disposal.
SH)
Dredge spoil from closed shellfish waters and
475
effluent from diked disposal areas used when
476
dredging in closed shellfish Paters shall be
returned to the closed shellfish waters.
477
S3) Drainage Ditches
478
JA)
Drainage ditches located through any marshland
480
shall not exceed six feet wide by four Feet deep
481
(from ground surface) unless the applicant can
show that larger ditches are necessary for
482
adequate drainage.
jB)
spoil derived from the construction or maintenance'483
of drainage ditches through regularly flooded
484
marsh must be placed landward of these marsh areas
in a manner that will insure that entry of
485
sediment into the water or marsh will not occur.
Spoil derived from the construction or maintenance
486
of drainage ditches through irregularly flooded
marshes shall be placed on non -wetlands wherever
487
feasible. Non -wetland areas include relic
disposal sites.
JC)
Excavation of new ditches through high ground
488
shall take place landward of a temporary earthen
489
plug or other methods to minimize siltation to
adjacent water bodies.
Drainage ditches shall not have a significant
49U
_JD)
adverse effect on officially designated primary
491
nursery areas, productive shellfish beds,
submerged grass beds, or other documented
492
important estuarine habitat. Particular attention
should be placed on the effects of freshwater
493
inflows, sediment, and nutrient .introduction.
Settling -basins, water gates, retention structures
494
are examples of design alternatives that may be
used to minimize sediment introduction.
495
14) Nonagricultural Drainage
496
SA)
Drainage ditches must be designed so that
498
restrictions in the volume or diversions of flow
499
are minimized to both surface and ground water.
1B)
Drainage ditches shall provide for the passage of
500
migratory organisms by allowing free passage of
501
water of sufficient depth.
1C)
Drainage ditches shall not create stagnant water
502
pools or significant changes in the velocity of
503
flow.
NORTH CAROLINA
ADMINISTRATIVE CODE 12/01/80 7-14

hRSCD - CCASTAL d ANAGEMENT
7H .0200
JD) .
Drainage ditches shall not divert cr restrict
504
water flow to important wetlands or marine
505
habitats.
S5) Marinas
506
.(A)
Marinas shall be developed on non -wetland sites or
508
in deep waters (areas -not requiring dredging) and
509
shall not disturb valuable shallow water and
vetland habitat, except for dredging necessary for
510
access to high ground sites.
SB)
Privately -owned marinas which involve use of
511
public bottoms and waters shall not be permitted
512
unless adequate compensation is made to the public
by purchase of an easement from the state. These.513
easements should be for a limited period. This
requirement shall be met by showing compliance
514
with state laws and regulations regarding
easements over public waters.
SC)
tzarinas shall: (i) be designed to minimize use of
515
public waters by encouraging an appropriate mix of
516
dry storage areas, public launching facilities,
and berthing spaces; (ii) provide adequate pump-
517
out stations for wastewater disposal from boats;
and jiii) demonstrate toe iQplementation of all
518
necessary means and measures to minimize the
impact of pollutants likely to be emitted by the
519
operation of the marina and attendant vessels upon
the natural systems.
520
1D)
tarinas shall be designed to minimize adverse
521
effects on navigation and public use of waters
522
while allowing the applicant adequate access to
deep waters.
16) Docks and Piers
523
_(A)
Docks and: piers snail not significantly interfere
525
with water flows.
526.
SB)
To preclude the adverse effects of shading marsh
527
vegetation, structures which are built over
528
vegetated marsh shall not exceed six feet in
width, except that "T°s or platforms at the
529
waterward end are not restricted to these
dimensions but cannot have a total area of more
530
than 500 square feet.
1C)
The structure must not present a navigational
531
hazard and must not, except where necessary,
532
extend any closer tnan 80 reet from the edge of a
federally maintained channel. Piers shall be
533
designed to minimize adverse effects on navigation
NORTH CAROLINA
ADMINISTRATIVE CODE 12/01/80 7-15

N@SCD - CCASTAL MANAGEMENT
7H .0200
`
and public use of waters, while allowing the
534
applicant adequate access to deep waters.
535
17) Bulkheads and Shore Stabilization Measures
of shoreline
537
SA)
Bulkhead alignment, for the purpose
stabilization, must approximate mean nigh water or
538
normal water level.
Bulkheads shall be constructed landward of
39
sB)
significant marshland or marshgrass fringes.
540
541
Aq
Bulkhead fill material shall be obtained from an
542
approved upland source, or if the bulkhead is a
part of a permitted project involving excavation
so obtained
543
from a non -upland source, the material
may be contained behind the bulkhead.
below approximate
544
1D)
Bulkheads or other structures
normal water level for the
545
mean high water or
purpose of reclaiming land lost to erosion shall
be Permitted only where there is an identifiable
546
547
erosion problem. Where such a problem is shown to
in the
exist, only the area shown to have eroded
from time of application may ne
Sub
previous year
bulkheaded and filled. anions, or
Where possible, sloping rip -rap, 9
549
SE)
vegetation may be used rather than vertical
550
seawalls.
ciistory Note: Statutory Authority G.S. 113A-107 (a)
553554
113A-107 (b) ; 113A-113 (b) ;
555
Eff. September 9, 1977;
Amended Eff. August b, 1979; June 1, 1979.
55E.

HISTORIC
(Founded 1712 From Bath County 1696)
Ledrue Buck, Chairman
Mrs. Arthur Lee Moore, Vice -Chairman
Frank Bonner
Grover Boyd
Harion Dilday
BEAUFORT COUNTY
BOARD OF C01LNIISSIONERS
P. 0. Box 1027
Phone [phone]
WASHINGTON, N. C. 27889
Dec. 2, 1980
91
AGRICULTURAL
RECREATIONAL
INDUSTRIAL
Graham W. Pervier, County Manager
John 1. Morgan, Clerk to Board
William P. Mayo, County .Attorney
Jay M. Hodges, Jr, County Accountant
Mr. Ray Brooks, Mayor,
Town of Bath,
P. 0. Box 6,
Bath, N. C. 27808
Dear Mayor Brooks:
Thank you for your letter of November 25 requesting that
the County Commissioners delegate their authority under
the Coastal Area Management Act for production of a Land
Use Plan Update for the Town of Bath.
We have been informed by Mr. John Crew of the Department
of Natural Resources and Community Development that such
permission is required in order for municipalities to produce
and adopt their own Land Use Plan Update. Based upon the
performance of your planning board in producing its 1977
Land Use Plan, the fact that you have just hired a Town
Administrator to help oversee the management of plan pro-
duction, and the availability of well qualified technical
assistance to your town, the Beaufort County Commissioners
hereby delegate the authority to the Town of Bath to establish
its*own Land Use Plan Update.
Sincerely yours,
Ledrue Buck, Chairman
Beaufort County
Board of Commissioners

92
SURVEY OF HISTORIC BATH
PLEASE COMPLETE & RETURN TO PEARSON CHRISMON BY DECEMBER 12.
A. Personal Characteristics
1. Are you presently a resident of Bath? Yes No
2. Educational Attainment (Circle One): A. Grammar School -
B. Junior High - C. High School - D. College
3. Occupation:
4. Which age group are you in? (Circle One)
A. 15-18 - B. 19-24 - C. 25-35 -
E. 46-55 - F. 56-64 - G. 65-over -
5. Sex (Check): Male Female
6. Race: A. Caucasian B. Black C. Other
D. 36-45 -
7. Give total number of years you have lived in the town:
8. Family Size: 1 person; 2 to 4 persons; 5 or more persons.
9. Which of the following applies to you (Circle):
A. own home B. rent home C. own other property in town or
one mile beyond town limits.
10. Marital status (Circle One):
A. Single B. Married C. Widow or Widower D. Divorced
11. Are you presently (Circle One): A. Employed - B. Unemployed C. Retired - D. Full-time homemaker - E. Full-time student. -
12. Where is most or all of your income derived (Circle):
A• Washington Bath - C. Texas Gulf - D. Other -
specify -
13. Have you ever attended a public hearing or meetinn of the Town
Board of Commissioners or Planning Board? Yes No
14. How do you obtain most of your information about activities in the:
town? (Circle): A. Through newspaper - B. Through radio C. Through TV - D. By word of mouth - E. Other -

93
page 2
B. DEVELOPMENT ISSUES
1. Please indicate the seriousness of each of the following issues for
your community using these responses:
"No" means Not a problem in my community
"Slight" means A slight problem in my community
"Moderate" means A moderate problem in my community
"Serious" means A very serious problem in my community
Extent of problem in your
community
(check your response)
No
Slight
Moderate
Serious
A. Water Quality (Contamination, need for
softeners)
B. Garbage Collection and Disposal
C. Development of Second or Recreational
Homes
D. Damage to Marshes
E. Adequacy of Commercial Development
F. Mobile Home Development
G. Further Development of Commercial Piers
and Marinas
H. Septic Tank Failure
I. Availability of Adequate Housing
J. Amount of Industrial Development
K. Phosphate mining on the North Side of
the River
L. Protection of Cultural and Historical
Assets
M. Conversion of Forested Land to
Agriculture
N. Lack of a new & separate Town Hall
O. Presence cf dilapidated and unsafe
buildings
P. Too Manv Pilinos in the Creek
continued on page 3

94
page 3
No
Slight
Moderate
Serious
Q. Pollution from Boats in Bath Creek and
Back Creek
R. Drainage of Surface_ Water and of Low
Lying Lands.
S. Excessive Erosion.
T. Improper filling and Dredging.
U. Lack of Coordination among Government
Regulations regarding Waterfront
Development
V. Fire Protection
W. Police Protection
X. Inappropriate Mix of Historic and Non -
Historic Properties
2. What do you like most about the Town of Bath?
3. What do you think is the most significant problem in Bath?_
C. nIRECTI0N FOR THE FUTURE
1. Are you pleased with the direction the Town of Bath development is taking?
Yes No
If so, please use this space to write the reasons you pleased. If not,
please use the space to indicate the changes you would like to see and your
reasons for them.

9R
page 4
2. What types of development, if any, should be encouraged over the next ten
years and how much?
A "
Type of Development
done
A Little
A
Moderate Amount
Significant
Amount
a. Historic and
Cultural Attractions
h. Light Industry to
employ local persons
c. Protection of
Agricultural Land
d. Protection of Natural
Resources and Wildlife
e. Residential
Development
f. Commercial
Development
g. Public Sewer System
h. Tourist Facilities
i. Private Recreation
Facilities
j. Public Recreation
Facilities
3. What, if any, additional recreational facilities would you like to see in
this area?
4. What, if any, type of commercial establishments do you think should be
developed in this area?

96
page 5
5. In your opinion which of the following should the Town adopt as its policy
for town population growth during the next 10 years. (Circle One)
A. Remain the same size
B. Small increase
C. Substantial increase
D. Reduce Population
6. Specifically, what are any other issues or concerns that you have about
the future of Historic Bath?
If you have any questions concerning this questionnaire or the Town's Land
Use Planning activities, please call Pearson Chrismon (923-8381) or Rex Todd,
Planning & Design Associates, P.A., (1-781-9004)
Thank you for your help. Please return this questionnaire in the enclosed
envelope by December 12, 1980.
RHT:jt
11/28/80

97
CHECKLIST FOR LAND USE PLANS
I. Data Collection and Analysis
Establishment of information base, including
1. manner in which data was assembled
2. statement of the major conclusion
Present conditions and economy, including
i. present population and uconomy analysis
2. impact of seasonal popuiation
Existing land use analysis
1. significant land use compatibility problems
2. problems and implicationsfromunplanned
development
3. identification of areas experiencir:g or
likely to experience changes in predominant
land use
4. Areas of environmental concern
5. map of existing land use
Current plans, policies and regulations, including
1. listing and summary of significant existing local
plans .and_pol.icies
2. listing and description of the means for enforce-
ment of all local existing land use regulations
3. listing of all relevant federal and state
regulations (DNRCn to provide)
Constraints: Land suitability
1. physical limitations to development.
a. hazard areas (man-made/natural)
b. soil limitation areas (shallow, poorly (trained,
septic tank limitations)
•c. water supply sources
d. excessive slope areas (over 12%)
2. fragile areas (min. req. 15 NCAC 711)
3. areas with resource potential
Constraints: Capacity of community facilities (Discuss)
1. existing water and sewer service areas
2.. design capacity of the existing water and sewage
treatment plants, schools, and primary roads
3. percentage at which existing facilities are
utilized
Estimated demand
1. population estimate for the upcoming ten years
2. future land need discussion
3. community facilities demand (types of facilities
and densities at which land is to be developed)
DISCUSSION ADEQUATE?
Page Yes No
57 Q
F-5-9-1 60
0
M60
61,.79
V-66
®
0
0
00 s =
0
I—M, 16 Q
69 �]
® 70
71,72,73
78
=,l 78 =
® 80 0
64, 66

DISCUSSION OF
H. Policy Statements (5-48) ALTERNATIVES
Page
Resource Protection Policies
1. policies on types of uses appro-
priate within the locality's AECs
constraints to development
3 specific local resource develop-
ment issues relative to•15 NCAC
7H
4. other hazardous or fragile land
areas .
5. hurricane and flood evacuation
needs and plans.
Resource Production and Management Policies
1. discussion of importance of
agriculture, forestry, mining,
fisheries and recreational resources
a. identification of most produc-
tive areas
b. discussion of values of pro-
tecting these areas
2. policy statements on:
a. productive agricultural lands
b. commercial forest lands
c. existing and potential mineral
production areas
d. commercial and recreational
fisheries
e. off -road vehicles
Economic and Community Development Policies
1. discussion of types of development
which are to be encouraged
a. discussion of redevelopment of
older areas/creation of new sub-
divisions, etc.
2. policies on types and locations of
industries desired
POLICY IMPLEMENTATION
STATEMENT - STRATEGIES
Page Page
[� 7710
C 13 ��I 13 N19
13
191 7 ,.�.5_,_,17 17
ADEQUATE?
Yes No
rM
24 22 M 22 F2Tl22
[ED QZ 2D
F-281 29 FTTA N A Q [�
30, 32
28] 29 F_N/A N/A 0 L_(
30 32
28 29 NA NA
30, 32
7 Ti
C11 32
r-
0
Q
32
l I
L_�
35 .
35
35
_ j

REQUIREMENTS
DISCUSSION OF POLICY
ALTERNATIVES STATEMENT
Page Page
3. policies on local commitment to
providing services to development
4. policies on types of urban growth
patterns desired
S. policies on redevelopment of
developable areas
6. policies on commitment to federal
.and state programs in the area
7. policies on assistance to channel
maintenance and.beach nourishment
8. policies on energy facility'siting
and development
9. policies on tourism or beach and
waterfront access
Continuing Public Participation Policies
1. discussion of means by which public
participation in planning matters
was encouraged in plan update
process
2. description of the means to be used
for public education on planning
issues
3. description of the means to be used
for continuing public participation
Other Specific Local Issues for Policy
Discussion (from Attachment B)
l,_Phosphate Mining _
2. Preservation of Historic Resources _
3.
4 . _.
36
FM81 39 F381 39
40, 41 ' 40, 41
42 42
FTTI
FM
46, 49 N/A
IMPLEMENTAT 10N
STRAT£CIES
Page
3 37
39
40, 41
44
44
44
UD
N A
ADEQUATE?
Yes No
®F47,1
48
L=J
30
30
31 32
20
720-1 22
120
o
��
r_:_J

100
-- _ctiG� Aassification (50-55)
DISCUSSION
ADEQUATE?
Page
Yes
No
Land Classification :tap Showing the
Following:
1. Developed land
50 5,:,
a
2. Transition land
51 M3
3. Community land
51�
4. Rural land
51 54
Q
5. Conservation land
511 55
6. additional breakdown of standard
53•-55
5 classes. -(optional)
! . Additional Requirements
1. Preliminary draft must contain a
submittal letter.
2. Final draft must contain an approval
TBD
letter and a submittal level.
3. All municipal plans must have a letter from
their county designating the municipality
as a CAMA planning jurisdiction.

101
SYNOPSIS OF THE LAND USE PLAN OF
HISTORIC BATH: 1980-1990
I. Why Plan for the Town of Bath:
The Town of Bath, incorporated in 1705, is the oldest Town in North Carolina,
located at the confluence of Bath Creek and Back Creek in central Beaufort -
County. 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. Today, that scenic setting
and the historic heritage makes Bath a pleasant year-round home for 184 people,
and a favorite recreational spot for hundreds of tourists annually. Because
of its role in history and its function in today's tourist/recreational economy,
the Town of Bath has double incentive to plan seriously for its future.
Analysis of future demand shows potential for reversing the population decline
in the Town limits itself. In 1980, the area's 3,514 persons represented an.
8.6% increase since 1970. Additionally, the growth immediately adjacent to
the current Town limits, the influx of seasonal population in Bayview/Kilby
Island, the recent development of second or recreational homes across the
Creeks, and the anticipated growth as reflected on the Land Classification Map,
render a potentially bright growth period for the Town. The Land Use Plan,
ostensibly expresses the realization that the Town must work hard
and deliberately to help its chosen development scenario unfold.
II. Background:
In 1977, the Town Planning Board prepared a land use plan which featured a
land design map, stipulating desired types of urban development on the Bath
landscape and setting forth the foundation upon which the Town's zoning ordinance
and historic district ordinance were built. In 1980, the Town Board of Commissioners
received a grant under the Coastal Area Management Act for preparation of the
Land Use Plan for Historic Bath: 1980-1990. This brief synopsis describes the
purposes o .t at plan, its land classification scheme, the plan's information.base,
and briefly outlines responsibility for implementation of the Plan.
III. Purposes of the Land Use Plan:
The plan, then is the pivotal statement of policy for use by local, state and
federal officials in decisions regarding Bath's development over the next
10 years. Additionally, it is an important piece in the Land Planning efforts
of Beaufort County and an important element in the state's plan for rational
and coordinated management of coastal resources.

102
The Coastal Area Management Act upon which this plan is based, works to protect
areas of statewide concern within the coastal area. In the Bath planning
district, Public Trust Water and Coastal wetlands (marshes) have been designated
for such protection. The Act also, through its guidelines for land use planning
(15 NCAC 7B), sets forth important principles of land use planning which have
been emphasized in the Land Use Plan for Historic Bath:
1. This plan has environmental protection as a priority in its own
right, while at the same time, advocates appropriate economic and
community development.
2. This plan is based upon real citizen participation in the planning
process, through the Bath Planning Board, citizen survey and public
meetings.
3. This plan has a strong action orientation. Policies are stated as
desired situations toward which the Town Board and Planning Board
are willing to work.
4. This plan is a sound basis for continuation of earlier work in Bath
to improve the community for those who live and visit there.
5. This plan is designed for continuous improvement as new information
becomes available. It is to be updated at least once every five
years, and more frequently, if required by the Planning Board.
These purposes and principles are represented in the heart of the Land Use Plan
for Historic Bath, Section II, which sets forth explicit policy statements
for the future. The goals of each major policy section are briefly listed
below, leaving the reader to gain detail, alternatives considered, and implementation
strategies from the Land Use Plan itself.*
Resource Protection Goals.
Safeguard and perpetuate the biological, social, economic and aesthetic
value of the community's coastal wetlands (salt marshes) and the public
trust waters (of Bath and Back Creeks).
Reduce occasional coliform pollution in the community's water system.
Adequately provide water service to residents (and to potential developers).
Improve wastewater treatment in the Town, through initiating steps to
install a community, land based wastewater treatment system.
Direct development with proper consideration of soils, pending completion
of the detailed soils survey.
Preserve farmland in a manner which accommodates the best mix of other
uses inside the Town limits and inside the one -mile area.
Guide development to protect historic properties and perpetuates the
historic character and atmosphere of the community.
Rid the Town of man-made hazards, especially dilapidated, vacant structures.
Reduce the rate of erosion of the shores of Bath and Back Creek, especially
at Handy's Point and Bonners Point.
*The Plan may be obtained by contacting Pearson Chrismon, Town Administrator
at 946-9253, or Jim Edwards, Planning Board Chairman, at 923-2911.

103
Resource and Production Policies:
Use areas designated as prime agricultural land in the most productive
manner.. .
Equip the Town to influence the impact which phosphate mining may have
upon its planning area between now and the year 2000.
Protect and insure that the waters of Bath and Back Creeks and -the
Pamlico River are at.least'of sufficient quality to promote the
commercial and recreational fishing industry.
Economic and Community Development Policies:
Achieve levels, types, and patterns of economic and community development
which are consistent with the historic character of the Town, raise local
employment levels, and otherwise contribute to the. economic base, so as
to implement the Land Classification Map.
Promote location of light, non-polluting industry to employ local people.
Develop the Town's capacity to provide services to development mindful
of impacts upon taxes and developers costs.
Promote development in the pattern stipulated in the 1990 Land Design
Map, namely: encourage residential development near the current downtown
and across the creeks; direct commerical activity near current commercial
area; concentrate institutional and cultural development so as to allow
other areas to develop more intensively; concentrate agricultural and
forestry uses outside the existing Town limits; undertake redevelopment
of the existing Town, especially within the historic district, near
the school, in the older business section, and in areas now used for
agriculture or which are vacant.
Support selected state and federal programs in the Bath planning area.
Support efforts of the Coast Guard to maintain the channels of Bath
and Back Creek.
Prevent the location of large energy facilities within the one -mile
planning area.
Accommodate future efforts to develop private or public access to the
waters of the Creeks.
Continue Citizen Participation Policies:
Achieve meaningful participation in land -use related planning matters.
Other Policies:
Achieve better intergovernmental coordination with respect to .development
policies, budgeting, implementation, particularly with Beaufort County
government.
In the Bath Land Use Plan, each of these broad policy directions are prefaced
with a narrative which integrates the best available data; results from the
citizen survey and field examinations, planning board work -sessions, and interviews
with local, regional, and state officials; examination of current plans.; and
consultant assessment. Under each major section, alternative policies which
the Planning Board considered are presented, with the chosen policy and often
a more specific statement of intent (objective), and chosen implementation
strategies.

104
As noted in the Plan, the Town has basically six methods of implementing the
plan and thereby guiding development in the patterns desired. These options
include fiscal policy (taxation), regulation (such as zoning), provision of
capital improvements (water extension policy), condemnation (which could be used
for purposes of protecting 'public safety and health and promoting the public good),
purchase (which could be used in order to provide public access or increasing
recreational land use) and persuasion (such as working with private owners
to attract proper development upon voluntary sale).
From among these six options, the Land Use Plan for the Town of Bath relies upon
improving its capacity to extend services to development, persuasion to
implement its policies,and local ordinances and state and federal regulations,
such as CAMA. Taken together, the implementation strategies represent a
coordinated effort to stimulate rather than overly regulate development in the
community over the next ten years.
IV. Land Classification:
The Land Classification Map for the Town of Bath and its one -mile planning
jurisdiction designated land within the five standard categories of:
developed; transition; community; rural; and conservation, and presents special
sub -categories for the transition and.rural categories. (see map on pg. 51)
As shown on the Land Classification Map, the already incorporated area is
designated "developed" since it is served by public water, recreation facilities,
and fire protection, and has an administrator, local zoning, and historic district
ordinances.
In order to be most clear about types of development desired, the "transition"
categories are subsdivided to promote or stimulate development.in areas which
were anticipated or recommended for potential extension of public services.
""ixed" uses "residential" and" industrial uses are thus promoted in areas
outside the current Town limits under the modified "transition" category.
There are no areas designated as "community" within the planning area, since
there are no unincorporated clusters of development within the one -mile area
that will not require water and sewer services.
Primarily because of the Town's policy of preventing mining activity within the
one -mile planning area and its recommendation to the County that no mining be
allowed within five miles of the Town on the north side of the River, the rural
category was sub -divided to include only agricultural and residential uses within
the "rural production" areas of the planning districts.
Finally, the resource protection policies related t
marshes and public trust waters rendered them to be
stipulating that no public funds, either direct or
to encourage development in the waters of Bath and
salt marshes themselves.
o the community's salt
designated as "conservation"
indirect, are to be used
Back Creek or within the

105
V. Information Base:
The remainder of the Bath Land.Use Plan provides the information base upon
which the aforementioned policy statements and Land Classification Map were
developed by the Planning Board. Data and analyses are presented regarding
the Town's population and economy; existing land use, current plans, policies,
and regulations; constraints to development imposed by the land and by community
facilities, and estimates of future demand. The Appendix includes material'
related to the construction of that information base, notably excerpts from the
CAMA regulations and the citizen survey questionnaire.
VI. The Bath Land Use Plan and You:
The Bath Land Use Plan, then, provides a sound basis upon which future development,
production, and preservation decisions can be made within the context of the
total community. It provides a visual pattern of desired development, and
contains a comprehensive array of action instruments for carrying out its policies.
Beyond that, the Plan is dependent mostly upon the elected officials, as
represented through the Planning Board, and ultimately upon the citizens of
the planning area to work towards its fulfillment. Additionally, it is the
responsibility of private developers and state and federal governmental agencies
to consult this plan for Historic Bath as a statement by local, citizens
of the manner in which they want their community to grow and prosper.

106
Archeological sites in and around the
Town of Bath:
31Bf23
- Cultural
affiliation:
Lithic, ceramic and Historic (undetermined periods)
31Bf38 -
Cultural
affiliation:
ceramic (undetermined period)
31Bf45 -
Cultural
affiliation:
ceramic and -Historic (undetermined period)
31Bf46 -
Cultural
affiliation:
ceramic (undetermined period)
31Bf82 -
Cultural
affiliation:
early
19th century historic site
31Bf83 -
Cultural
affiliation:
early
19th century historic site
31Bf84 -
Cultural
affiliation:
early
18th century historic site
31Bf85 -
Cultural
affiliation:
early
18th century historic site
31Bf86 -
Cultural
affiliation:
early
19th century historic site
�61

o �n
n v o'
� ^
o
Belha `ei t
fry
V:�'
MAP SHOWING PHOSPHATE LEASE AREAS IN PAMLICO 107
AND PUNGO RIVERS, N. C. <,t
c131 - �a Gam✓ 4
Jackson Swamp
V�
35 22'30, m
2
C
J 0 i5 2515
L 25,40`
R E
Garrison Pt. /
35'23 52' ►�
'zi id E
R
Long Pt.
• ; ti u" Indian Is.
Beacham
Savanna ,
Scale
6227
99 1 O 1' 2 3 4 Miles
STATE OF NORTH CAROLINA
DEPARTMENT OF CONSERVATION AND DEVELOPMhNT
DIVISION OF MINERAL RESOURCES
44 1966

Bunyon
"CROSS SECTIONS OF PHOSPHATE CON
(See Key on p. 109)
V•rtiCal Seai• in F•ot —
too 50 0
N
F�
�Z-zl
Q17
A u r

109
CROSS SECTIONS OF PHOSPHATE CONCENTRATIONS
(See Map page 108)
KEY
r
High grade phosphatic --i
sand — P2 Os content
i Topographic
quadrangle
higher than 14 %
t
Phosphatic sand -- P= 05
content between 10 % •
Village or town
and 14 %
Cloy— P2O5 content - -
Beaufort
County boundary
less than 10 %
Location
of data points,
Indurated zones,
crossbar
elevation is
includes phosphatic
100 feet
below mean
limestones, silty
sea level
claystones & interbedd-
ed coquinas 81 —___
Boundaries
of formation
calcareous clays — ----
inferred
P2 0s content not
implied but is us—
ually less than 10 %