Land Use Plan-1982

TECHNICAL ASSISTANCE
PROVIDED BY:
N,C, DEPARTMENT OF
NATURAL RESOURCES AND
COMMUNITY DEVELOPMENT
DIVISION OF COMMUNITY
ASSISTANCE
WI L M I NGTON
REGIONAL
OFFICE
zHOMAS M. CASSEL.L
PLANNER- I N-CHARGE
LAND USE PLAN
INDIAN BEACH,
NORTH CAROLINA
lease do not remove!!!!!
Division of Coastal Management
INDIAN BEACH BOARD
OF COMMISSIONERS
C. NEIL VESTER, MAYOR
LO STEVENS
HELL E SUTPHEN
�DA URNEY
OHV WOOD
FIRST DRAFT JULY, M1
FINAL DRAFT JUKE • 19M

D. Current Plans, Policies and Regulations
Plans
The only plan which Indian Beach has adopted is the
201 Wastewater Facility Plan. Indian Beach and western Carteret
County are a part of the Swansboro 201 Facilities Plan.
The selected plan recommends that wastewater treatment be
provided for the Torun of Cape Carteret and West Bogue Banks as
soon as possible because of existing water quality problems in
these areas. However, because of the projected high local costs
associated with the selected plan, it was determined that the
plan could not be implemented at this time. Therefore, it was
recommended that the project be re-examined at regular intervals
to determine when or if a wastewater treatment system could be
feasibly implemented in the area. The N. C. Division of Environmental
Management concurs with the basic premise of the recommendations
but must insist that alternative systems and methods of wastewater
treatment be evaluated at intervals along with the implementation
feasibility of any proposed project.'
The plan was approved by the Town on January 12, 1978.
Since construction costs are escalating so fast, it is doubtful
the Towns would ever be able to afford their share (12.5% local,
75% Federal, 12.5% State) of the cost. In addition, EPA has all
of North Carolina's barrier island communities' 201 facilities
plans on hold until they complete the barrier island study.
The study is designed to determine the impact federally funded
subsidies (utilities, flood insurance) are having on these
communities.
* Letter dated AUgust 25, 1978, to Mr. A. B. Foster, Director,
Water Division, U. S. Environmental Protection Agency,
Atlanta, Ga., from Mr. A. F. McRorie, Director, N. C. Division
of Environmental Management, Raleigh, N. C.
11

improve the municipal tax base and the community's housing stock.
Yet, the community's character may be lost completely.
Areas of Environmental Concern (AECs)
The AECs applicable to Indian Beach are described in detail in
Appendix A. They are mapped on Map I. According to the "State
Guidelines for Areas of Environmental Concern" (15 NCAC 7H), there
are five distinct AECs in Indian Beach. These are: Estuarine Waters,
Coastal Wetlands, Public Trust Areas, Estuarine Shorelines and
Ocean Erodible Area. The importance of these areas and general
discussion is found under I. E. 1. a. Hazard Areas on page 15 and
I. E. 1. e. Fragile Areas on page 41. However, all hazard and
fragile areas have not been designated as AECs.
10

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Salter Path
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TOWN OF INDIAN BEACH
.CARTEREI COUNTY, NOR1H CAROLIUA `
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lown of 1 _
rald Isle , -- ^- ^ ^ TONN LIHIT 6OCNCAF.Y
SCALE 1• •1320,
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EXISTING LAND USE MAP
1 _
' 0 Residential, Single -Family
t __O Residential, Multi -Family
t_�.� Residential, Mobile Home Park
' - -- - Commercial
Institutional
• Town Hall
Post Office
+ Baptist Children's Home
Vacant/Maritime Forest

The Maritime forest offers not only an aesthetic value but
functions to retain rainfall in subsurface groundwater and stabilizes
loose sandy soils. See discussion on page 51. Maritime forests con-
tribute to the attractiveness of the barrier islands which is a fun-
damental reason for its growth.
Excessive mobile home development is a problem because mobile
homes like conventional dwellings require the same amount of services
from local government but unlike conventional dwellings do not provide
proportionate tax revenue to pay for the services. Mobile homes are
valued for tax purposes as personal property which diminishes in value
each year. Consequently, mobile homes generate less tax revenue each
year.
Satellite annexation areas present problems of efficiency in
municipal services unless the unincorporated "islands" are later in-
cluded. Since Indian Beach offers few municipal services, ineffi-
ciency is reduced. Only police must travel through the intervening
area to get to the eastern satellite area.
Identification of Areas Likely to Experience Changes in Predominant
Land Use
For Indian Beach, the areas likely to experience changes are those
areas presently undeveloped with their dense vegetation cover of mari-
time forest. Destruction of these areas will change drastically the
character of the present settlement pattern, and it risks the very
reasons why the area was settled initially.
Also, a not so subtle change may result from an escalating land
cost. As land becomes more expensive, the economic justification for
single-family homes becomes more difficult. Consequently, more
multi -storied, multi -family development will be proposed. This will

Transportation as a land use is included in Urban and Built-up.
Also, according to N.C. Department of Transportation, there are no
facility improvements for Indian Beach scheduled in the seven year
Transportation Plan.
Future population growth is expected to create additional bi-
cycle traffic, and this form of transportation needs to be considered.
Significant Land Use Compatibility Problems
Land use compatibility is the absence of adverse impact on two
adjoining pieces of property. The classic example is a service station
adjacent to a residential dwelling. Generally, similar uses make the
best neighbors. Indian Beach's land use compatibility problems will
increase in the future. As more people are attracted to the com-
munity, the demand for services will increase. Businesses will
want to locate as close to the demand as possible. The western portion
of Indian Beach already has two focal points for trade and services.
These are located at the Town Hall along N.C. 58 and at the fishing
pier. As more residential development locates nearby, conflict will
increase.
Appropriate yard requirements and buffer space provision in the
Zoning Ordinance should, if properly enforced, lessen the potential
conflict.
Problems and Implications From Unplanned Development
Major problems and implications from unplanned development in
Indian Beach include those associated with "finger" canals, maritime
forest and vegetation removal, excessive mobile home development, and
difficulty in providing services in satellite annexation areas.
Finger canals are problems because they not only destroy
valuable natural habitat and productive resources, they are expensive
to maintain and almost always poorly designed.

C. Existing Land Use
The following chart illustrates approximate land use
characteristics in Indian Beach.
Land Use
Acres q of Developed % of Total
Urban and Built-up
134.6
100 37.0
Residential
121.0
89.9 33.0
Commercial
13.5
10.0 3.7
Governmental
.1
.1 .3
Undeveloped
228.8
- 63.0
Total Land Area
363.4
- 100.0
As can readily be seen residential land use is the predominate
land use. There are approximately 1,329 living spaces on 121
residential acres. Living spaces consist of mobile homes (815),
camp spaces (489), and conventional homes (25). There are five
mobile home parks and three camp parks.
Commercial and governmental activities account for a nonimal
amount of land use in Indian Beach.
Undeveloped land includes land available for development both
in the original corporate limits and in the satellite area.
Without a doubt, the most significant aspect.of land use in
Indian Beach is the 1,329 living spaces on only 121 acres which
equals approximately 11 living units per acre. A very intensive
land use without water and sewer . . . it has been estimated that
at peak seasons, these 1,329 living units may contain as many as
2 to 4 persons per unit. This would yield anywhere from 2,658
to 5,316 persons on only 121 acres.
7 -t.

Unfortunately, widespread media accounts of the report emphasized
that, "North Carolina coast shows no widespread closures which can be
attributed to septic tank failure." This came as good news to
proponents of traditional septic tanks and developers who are not
genuinely concerned about the environment. Yet, the report was very
pointed if,one read beyond the headline. Areas such as Indian Beach
must begin to deal with the problems rather than wait for some
governmental agency to solve their own problems. It is no longer
reasonable to wait for Federal and State agencies to fund wastewater
treatment plants.
M.

Tourism is extremely important in the coastal area, particularly
in Indian Beach because of the abundant natural resources that
attract people to the coast. However, as can be seen in Indian
Beach, the development necessary to serve vacation -tourist industry
can often have.an adverse impact on the fishing industry. Dredging
of finger canals, improper use of septic tanks, and marina construc-
tion in coastal marshes have the potential for degrading the very
attributes which originally attracted visitors to the coast. Inadequate
wastewater systems and urban runoff have resulted in the closure of
public waters to the harvest of clams and oysters, denying these
resources to commercial and recreational fishermen alike.
The Atlanta office of the U.S. Environmental Protection
Agency (EPA) in January, 1981, released, "Preliminary Findings of
the N. C. Barrier Islands EIS on the Closing of Shellfishing
Waters Near Barrier Islands." The report stated that many coastal
201 wastewater treatment plans alleged that the contamination and
resulting closing of shellfish waters was because of septic tank
failures. EPA's "preliminary review of data on the status of
shellfishing waters along the North Carolina coast shows no
widespread closures which can be attributed to septic tank failures
on the barrier islands. Water quality data from other monitoring
stations along the coast appear to support these preliminary
findings. Only in isolated areas such as finger -fill canals
can septic tank failures be documented as the cause for the closing
of shellfishing waters." The report goes on to identify shellfishing
areas which have been closed potentially due to activities origina-
ting on the barrier islands of North Carolina. One of those areas
is Salter Path on Bogue Sound.
•Area E-2 Bogue Sound (136 acres closed, 1.8% of 7200
acres available) Salter Path (136 acres): Man-made
canals in this area have shown elevated coliform levels --
probably due to marine head effluent and septic tank
leaching.
5

B. Present Conditions and Economy
Indian Beach is a vacation -resort community. Year round
(permanent) residents are either retired persons or are employed
by vacation related businesses. The permanent population of 61
residents in 1980 is small in comparison to what is thought to
be the summer peak population of 2,624. Because of its size, there
is very little published data available for Indian Beach.
The economy of Indian Beach is almost totally vacation
oriented. There are five mobile home parks, three travel trailer
parks and seventeen commercial establishments. The commercial
establishments are designed to provide necessary services and
entertainment for seasonal population of Indian Beach.
The development of the vacation -tourist industry in Carteret
County has been of great importance to Indian Beach. The growth
of tourism during the late sixties and early seventies stimulated
the economic desirability of Indian Beach. Indian Beach is
presently an intergral part of the overall tourist industry in the
County.
Another important segment of the economic picture is,the
fishing industry. Carteret County leads the state in total pounds
of coastal fisheries caught and total commercial vessels licensed.
Commercial fishing is big business in Coastal North Carolina with
an estimated gross product of 325.6 million dollars in 1978.
This figure includes all revenues generated by and spent on
commercial and recreational fishing; vessel and boat construction,
operation and maintenance; shore facilities including fish houses,
processing facilities, piers, marinas, and seafood restaurant..
operations in Coastal North Carolina.
4

• The Town provides only police protection and some adminis-
trative services to its residents.
• The Town probably has more mobile homes per acre than any
other beach community in the State.
• The Town has not been designated as having a flood hazard
when its neighboring communities and the County have been
designated as having flood hazards.
• The Town should investigate thoroughly the alternative
wastewater treatment solutions presently available
since the conventional wastewater treatment plant
alternative is too costly.
3

I. DATA COLLECTION AND ANALYSIS
A. Information Base
This Land Use Plan for Indian Beach was prepared in accordance
with CAMA Land Use Planning Guidelines (15 NCAC 7B). This plan
utilizes inventory type planning work completed in 1976 in order
that this major effort could be concentrated towards the development
of policy statements for the Town.
Essentially, the process of developing policy statements was as
follows:
1) identify land use issues;
2) determine alternative solutions;
3) select most viable alternative;
4) draft policy statement reflecting selected alternative;
5) draft implementation strategy.
The major conclusions of this plan are:
• .Indian Beach is a very young community having been
incorporated only since 1973.
• Indian Beach is a vacation resort community and noted
for its exceZZent fishing.
• The community has five Areas of EnvironmentaZ Concern and
two other fragiZe naturaZ systems, maritime forest and
primary sand dunes.
• The Town has experienced growth over the Zast 8 years
and there is at Zeast one indication that growth may have
adverseZy affected its environment.

Introduction
Indian Beach (western section) was incorporated by Legislative
Act in 1973. The reason for incorporating was because of the unavaiZ-
ability of land for commercial purposes in ac acent communities.
Adjacent communities would not permit commercial uses or mobile home
based on local police power ordinances (zoning) or deed restrictions.
Most of the residents of the community of Salter Path being
independent, were not interested in becoming a part of the new town.
The boundary was drawn to exclude the community of Salter Path and
extended 2,640 feet from mean high water into Bogue Sound and Atlantic
Beach.
In June 24, 1975, the N. C. General Assembly (Chapter 811,
Session Laws, 1975) ratified an act to annex a certain non-contiguous
area (eastern section) to the Town of Indian Beach as "satellite
corporate limits." The boundary excluded Salter Path and utilized
the high water mark as the boundary.
It is thought that the satellite area was incorporated because of
the approaching town limits from another community and the owners
preferred the low taxes and less red tape of Indian Beach. It is
unknown as to why the boundary used was not the same in regard to the
waterfront as in the earlier incorporation.
1

TABLE OF CONTENTS
LAND USE PLAN
Page
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 1
I. DATA COLLECTION AND ANALYSIS . . . . . . . . . . . .
. . . 2
I. A.
Information . . . . . . . . . . . . . . . . . .
. . . 2
I. B.
Present Conditions and Economy . . . . . . . . .
. . . 4
I. C.
Existing Land Use . . . . . . . . . . . . .
. . . 7
I. D.
Current Plans, Policies and Regulations . . . .
. . . 11
I. E.
Constraints . . . . . . . . . . . . . . . . . .
. . . 15
1. Physical Limitations to Development . . . .
. . . 15
a. Hazard Areas . . . . . . . . . . . . . .
. . . 15
b. Soil Limitations . . . . . . . . . .
. . . 19
c. Water Supply Appraisal . . . . . . . . .
. . . 39
d. Excessive Slope . . . . . . . . . . . .
. . . 41
e. Fragile Areas . . . . . . . . . . . . .
. . . 41
f. Areas with Resource Potential . . . . .
. . . 53
2. Capacity of Community Facilities . . . . .
. . . 54
I. F.
Estimated Demand . . . . . . . . . . . . . . . .
. . . 55
1. Population Estimate . . . . . . . . . . .
. . . 55
2. Future Land Needs . . . . . . . . . . . . .
. . . 56
3. Community Facilities Demand . . . . . . . .
. . . 57
II. POLICY STATEMENTS . . . . . . . . . . . . . . . . . . . . 58
II. A. Resource Protection . . . . . . . . . . . . . . . 59
B. Resource Production . . . . . . . . . . . . . . . . . 66
C. Economic and Community Development . . . . . . . . . . 70
D. Public Participation . . . ... . . . . . . . 78
III. LAND CLASSIFICATION . . . . . . . . . . . . . . . . . . . 80
APPENDIX A: Five Applicable AECs in Indian Beach
(15 NCAC 7H)
APPENDIX B: Listing of State and Federal Regulations

Regulations
Zoning Ordinance
This Ordinance was adopted in October 28, 1974. It
contains four districts: B-1 General Business, CM Civic and
Municipal, R-15 General Residential and R-25 Single Family
Residential.
By today's standards and current practices, this
Ordinance has some major deficiencies. Part of the problem
is -format. In each district, there should be three sub-
headings: Permitted Uses, Conditional or Special Uses
and Dimensional Requirements. In this Ordinance, it is
difficult to tell where Permitted Uses end and Conditional
Uses -begin. This distinction is important because permitted
uses are permitted by right, whereas, conditional uses are
reviewed individually by the Board of Adjustment on a case
by case basis.
Mobile home parks are permitted uses in the Business
District. While the majority of homes in Indian Beach are
rented or leased, they are residential by every account. The
State Supreme Court in North Carolina, in previous cases,
has declared mobile homes to be single family residential
structures. To classify them otherwise is to risk a
declaration of the Ordinance as invalid. This Ordinance
should acknowledge this fact and have a separate residential
district for mobile homes.
There is no difference between the R-15 and R-25 except
that the former requires 15,000 square feet and the latter
25,000 square feet minimum lot size. Since both districts
permit "single family dwellings" mobile homes on individual
lots must be allowed since the Supreme Court has already
declared them to be single family structures. Also, while
12

the lot sizes may be desirable, as a practical matter they
are inappropriate. Almost all existing residential lots do
not conform to these established dimensions.
The section on non -conforming uses on page 9 is inadequate
because of inconsistencies of use, dimensions,
and structures. "Bona fide farms" on page 25 is inappropriate
in a municipal zoning ordinance.
Finally, motels are listed twice on pages 13 and 14.
The Zoning Ordinance is being updated.
Mobile Home and Travel Trailer Park Ordinance
This Ordinance was adopted October 29, 1975. It requires
a review of the preliminary plan and site specifications
for mobile home and travel trailer parks.
There are some serious deficiencies in this Ordinance
dealing primarily with water and sewer requirements.
The minimum mobile home park size is three acres. If
public water and sewer are available, then the mobile home
stall in a park requires 3,000 square feet. Since sewer is
not available, this is not applicable. If neither public
water or sewer is available, then the stall space is 15,000
square feet in a park. There is no provision for stall space
where only public water is provided. There is a provision for
mobile homes on individual lots if public water or sewer is
available and requires 5,000 square feet per stall.
Consequently, a.large void exists in the Ordinance
since most parks have public water only. According to this
Ordinance, these are unregulated. The Ordinance required
13

that all mobile homes and parks be in compliance by
April 29, 1976.
"Adjustment Procedures" in the ordinance are con-
fusing since both the Board of Commissioners and Board of
Adjustment are authorized to hear appeals.
Subdivision Regulations are currently under consideration
for adoption by the Town of Indian Beach.
A listing of applicable State and Federal regulations
appears in Appendix B.
Policies
The previously mentioned plans and regulations together
with the Town Charter constitute the known policies under which
Indian Beach operates. There could be unwritten policies
which guide the Town's decision makers.
14

I. E. Constraints
There are two major constraints to development on Indian
Beach: (1) physical limitations owing to the land itself,
and (2) the capacity of community facilities to support man's
activities. These constraints are discussed below.
I. E. 1. Physical Limitations to Development
a. Hazard Areas - While there are no manmade hazard areas
on Indian Beach, there are three natural hazards.
These are: ocean hazard areas, estuarine shoreline
areas, and flood hazards. In order to appreciate
ocean hazard areas, it is necessary to discuss in detail
the critical factors of it.
ocean hazard areas* - This area consist of the beach
and shore dynamics. Differences between beaches are
apparent in their profile. The shape of this profile
is controlled primarily by grain size, wave energy,
and sediment input. The effect of grain size is
relatively simple - the coarser the sediment, the
steeper the beach. North Carolina beaches are rarely
steeper than about 10%.
The beach profile will vary in response to wave
energy. The critical factor is the rate of delivery of
wave energy to a beach. Wave steepness is measured by
a ratio of wave's deepwater height to its length. As
normal sea swells with low heights and relatively long
distances between crests move onto shore, sand grains are
picked up and moved landward a short distance. Drag
against other sand grains and non -turbulent flow in
the near bottom region prevent the grains from flowing
Ecological Determinants of Coastal Area Management, Volume II,
Val K ump and Johanna Smit Sea Grant Publication April, 1976.
15

back. The result is a net movement of sand on shore,
-steepening the nearshore profile and shifting the berm
seaward. The elevation of the berm is increased and
widened as waves top it and transport sand over its
crest. On the shore winds can in turn, carry this
sand into the dune zone.
As wave steepness and frequency increase as is
common under winter storm conditions increased turbulence
in the surf zone is encountered, keeping the sand in
suspension. Material is eroded out of the berm and is
transported offshore where it is deposited as an offshore
sand bar or series of bars. The shore profile is
flattened, causing waves to break further offshore
dissipating their energy and slowing beach erosion.
Thus, the beach responds to high wave energy by acting
to relieve that energy. Manmade structures frequently
interfere with this natural process by attempting to
maintain a constant profile.
The third factor, sediment input, is critical to the
beach profile. High rates of sediment input usually allow
a beach to build seaward. Beaches which experience a
net loss of sediment, on the other hand, tend to erode
and retreat. Whether a particular section of coastline
is undergoing a net gain or loss of sediment depends upon
a large number of interrelated factors that vary in time
and importance, which are not accurately understood.
However, the general trend along the North Carolina coast
is erosion.
Since grain size is essentially uniform along North
Carolina barrier islands, the major factors controlling
the beach profile are wave energy and sediment input.
MI

Furthermore, one geologic phenomenon which aggravates
these factors is the rising sea level. Storm and wind
generated surges coupled with rising sea level raise the
water level, thereby exposing dune protection. Develop-
ment near these areas is risky. It is curious to note
that erosion is of little concern until man builds near
the beach. Once the investments have been made, it then.
becomes necessary to protect them.
For regulatory purposes, Ocean Hazard areas have been
delineated as areas above mean high water where excessive
erosion has a high probability of occurring. See
Appendix A.
The basis for this AEC came from a study by the
Center for Marine and Coastal Studies at North Carolina
State University. It identified a probable recession line
from the toe of the dune for one in twenty-five year storm
return frequency at Emerald Isle as approximately 66 feet.
A one hundred year frequency is estimated at approximately.
98 feet.*
For regulatory purposes the Ocean Hazard for Indian
Beach is a 60 foot area for the 30 year long term annual
erosion rate plus an additional 50 foot area for the 100
year storm erosion rate. Together, this AEC is 110' from
the stable vegetation.
estuarine shoreline erodible areas - These areas are
defined as the areas above ordinary high water where
excessive erosion has a high probability of occurring.
In the landward extent of this area, a reasonable 25 year
recession line shall be determined using the best avail-
able information.
A Preliminary Study of Storm -Induced Beach Erosion :f
Carolina C. E. Knowles, Jay Langfelder and et. al.
October, 1973.
17

A method for determining estuarine shoreline erosion
rates has been developed. A specific shoreline segment is
directly dependent upon the following characteristics:
average distance of open water in front of the shoreline;
depth of water and slope of the bottom in the nearshore;
height of bank; composition of bank sediments; vegetation -
type and abundance; shape and regularity of shoreline;
orientation of shoreline; and proximity to channel. Given
these factors and a rated value, one can calculate an
approximate erosion potential of any given shoreline.*
This area has uniformly been determined under Coastal
Area Management Act standards (15 NCAC 7H .0209) as 75 feet
landward. This figure represents not a setback distance
but a jurisdictional boundary on dry land.
flood hazard areas - There are two types of flooding:
"riverine" which is caused by precipitation and "coastal
flooding", caused by wind driven water by the coincidence
of storm and high tides. There is no coastal hazard area
comparable to the riverine "floodway" which must be main-
tained free of obstructions to convey flood flows. This
is perhaps the most important difference between coastal
and riverine-flood regulations. Coastal flood regulations
are not designed to preserve flood flows. They are designed
to preserve dunes and maintain the integrity of structures
which are buffeted by high energy waves. Many communities
already in the regular phase of the National Flood Insurance
Program will be re-evaluated in order to consider wave
heights which were not included in earlier base flood
elevations.
* 'Relative Estuarine Shoreline Potential in N. C." Michael
P. O'Connor, Stanley R. Riggs, and Vincent J. Bellis East
Carolina University, Greenville, N. C. April 14, 1978.

Indian Beach is not participating in the National
Flood Insurance Program nor has the community been identi-
fied as having a flood hazard. No doubt, the identification
is an oversight since both adjoining communities and the
County have been identified and are in the regular phase.
Once the Federal Emergency Management Agency (FEMA)
identifies the flood hazard and the velocity zone, then
CAMA's High Hazard Flood AEC will have been designated.
Until then CAMA's High Hazard Flood AEC regulations are
not in effect.
However, since the V-zone exist in adjacent communities
and in the county, it is an apparent oversight on the part
of FEMA. Nevertheless, a flood hazard still exist and
property owners should be forewarned.
I..E. 1. b. Soil Limitations*
The soils of an area determine the extent of present
development and suitability for future growth. Probably
all soils in Indian Beach could be modified to accommodate
any selected use, but in many cases the cost (environmental,
social and monetary) would be excessive. Since misuse
can lead to severe environmental problems, the cost of
improperly planned modification is often borne not only
by the developer, but also by the public. Therefore, it
is desirable to recognize the limitations of certain soils
and to evaluate their potential or suitability for uses
such as septic tanks, streets, piling foundation and others.
For example, on -site disposal of septic tank effluent
may create problems.,on the barrier islands. 'Utilizing
Soil Surve , Outer Banks, N. C. Dept. of Agriculture Soil
conservation Service an . Department of Natural Resources and
Community Development and North Carolina State University June, 1977.
19

existing septic tank technology, many wet and/or impermeable
soils in the area have severe limitations. In some dry,
sandy soils --such as dune sand --the soil is too permeable
to accommodate effluent; thus, pollution of groundwater
and adjacent estuarine water is a problem. Even using
current technology, it is difficult and/or expensive
to overcome these limitations in a way that is not damaging
to the environment. But when officials know these problems
exist, requirements for development, such as minimum lot
size or specifications for package wastewater treatment
facilities, may be imposed.
Soil Interpretation
Interpretation sheets which follow the soil maps will
not eliminate the need for on -site sampling, testing and
study of specific sites for design and construction of
engineering works and various uses. However, the information
is useful for: (1) those who want a general idea of the
soils, (2) those who want to compare the potential of
different parts of the community, or (3) those who seek
the location of areas suitable for specific types of land
use.
20

is-
F
�•�Q d1 i`
V
34 t
E
,is advance copy of the Outer Banks Soil Survey has not been correlated and is subject to future
finement. Mapped areas of about 3 acres or larger are reliable for most land management uses.
SCALE: I INCH = 1000 FEET
e publication of the text material and soil maps of the Outer Banks was partially funded by the
five of Coastal Zone Management, National Oceanic and Atmospheric Administration through the
astal Resources Commission, North Carolina Department of Natural and Economic Resources and by
e 11r'-t_rtes Nat.IoT%al Park Service, Dtuartmetr'_ of Interior.
21

Joins Sheet dM `
w'S
`Lx
its advance copy of the Outer Banks Soil Survey has not been correlated and is subject to future
efinement. Mapped areas of about 3 acres or larger are reliable for most land management uses.
SCALE; I INCH = 1000 FEET
he publication of the text material and soil maps of the Outer Banks was partially funded by the
ffice of Coastal Zone Management, National Oceanic and Atmospheric Administration through the
oastal Resources C:onunission. North Carolina Department of Natural and Economic Resources and by
h,? Ur.itee- States :-ational Pack. ' ,,rvice, Department �f luterior.
22

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This advance copy of the Outer Banks Soil Survey has nut Letff correlated and is subject to future
refinement. Mapped areas of about 3 acres or larger are reliable for most land management uses.
SCALE: I INCH _ 1000 FEET
The publicaticn of t► t: text material. and 6,A] maps of the (cuter Bauks wao Uarti illy funded by the
Office of Coastal 7ont? Manag. nfrilt, National Oceanic and Atmosphcric Administration through the
Coastal Resources (oinrnissiou, North Carolina Department of Natural and Economic Resources and by
the Ur.:ited Str;res t-itional r'.,ik 5ervfc?, Dephtt1u•4t. of inLel ior.
23

TABLE 1. ESTIMATED SOILS PROPERTIES SIGNIFICANT TO ENGINEERING
MAP SYMBOL, DEPTH TO SEASONAL
LAND TYPES HIGH WATER TABLE FLOODING PERMEABILITY
#3 Beach-
Beach-0 to 3.0'
Frequent
Foredune Associa-
Foredunes 6.0'
Rare
Rapid 6,.3"/hr_
tion
#6 Carteret soils,
low
0 to 3.0'
Frequent (daily)
Rapid 6.3"/hr
#7 Corolla fine
Rare to Common-
Very rapid
sand
1.5 to 3.0'
Storm tides
20"/hr
#12 Duckston
Rare to Common
Very rapid
fine sand
1.0 to 2.0'
Storm tides
20"/hr
#15 Fripp fine
sand
6.0'
Rare -storm tides
Rapid 6.3"/hr
#17 Madeland
3.0'
Rare -storm tides
Rapid 6.3"/hr
#18 Carteret soils,
high
1.0 to 3.0'
Frequent (monthly)
Rapid 6.3"/hr
#21 Newhan fine
Very rapid
sand
6.0'
None
20"/hr
#22 Newhan-
Corolla Complies ----See
ratings for individual soil----
#24 Newhan-Urban
land complex
----See
ratings for individual soil----
24

Interpretative Table for
Solis of Indian eac
Introduction - All soils have features such as slope,
position on the landscape, depth to seasonal high water
table, permeability, textural characteristics (sandy
or clayey), surface covering, and type of vegetation.
A combination of all of these observations and measure-
ments of soil features provides the basis for predicting
their behavior and effects for a specific land use (see
Tables 3, 4, and 5). Terms used in these tables are
defined in the following paragraphs.
Depth to the seasonal hi h water table (SHWT) - is the
vertical distance from the surface of the soil to the
highest level that groundwater (at atmospheric pressure)
reaches in the soil in most years. Surface ponding is
common in those soils that begin with zero inches in
Table 3. It was not practical to provide measurement
for water table depths that extend below 6 feet.
Flooding - refers to water that stands or flows on the
su— r ce as the result of ocean.or sound overflow or
seep ponding. Terms for the frequency of flooding for
a natural unprotected soil are as follows:
None------ no reasonable possibility of flooding.
Rare--- -- flooding unlikely but possible under
abnormal conditions.
Common---- flooding likely under normal conditions.
Frequent-- more often than once in 2 years. This
frequency for the marsh soils ranges from
daily to monthly. Regular flooding
results from lunar tide overwash.
Irregular flooding is caused by
overwash of sound and ocean waters as
strong westerly or easterly winds from
storms push these bodies of water
over grounds above the mean high water
mark. Frequency of flooding varies with
fluctuating weather conditions.*
Estimates of permeability -
natural state and are based
limited laboratory data.
are for soil material in its
on field observations and on
25

These areas usually revegetate naturally with smooth
cordgrass, largeleaf pennywort, and other grasses and
sedges, if landowners have not attempted to establish
lawns or other kinds of vegetation.
18) Carteret soils high - This mapping unit consists
of irregu ar y flooded -salt marshes. They have been formed
in sandy marine sediments, and the soils have variable
amounts of shells. The largest areas of this soil start
near Bogue Inlet and extend north to the Roanoke Sound.
Most areas lie about 1 to 14 feet above sea level. They
flood at least monthly and in some areas may flood weekly
with storm or wind tides. Salt contents that range from
about 15 to 30 parts per thousand were measured in typical
areas of this unit. The surface layer commonly contains
a thick root mat. Where the soil material is exposed to
the air, it gives off a sulfur odor.
5" to 0; black live and dead roots
0 to 5"; dark gray loamy sand
5 to 24"; gray sand
24 to 55"; dark gray sand
Organic Material Soil Horizons: A
Soil profile drawing of Carteret soils, high.
The dominant vegetation is black needlerush; but some
areas have scattered patches of saltmeadow cordgrass, bulrush,
sea oxeye, marshelder, saltgrass, eastern baccharis, and
three -square.
These areas are significant in the life cycles of some forms
of marine life. They have a low support capacity for structures.
35

0 to 3"; very dark grayish brown fine sand
3 to 8"; dark grayish brown fine sand
8 to 13"; light brownish gray sand
13 to 17"; dark gray sand
17 to 60"; gray sand
Soil Horizons: A 'C f�
Soil profile drawing of Duckston fine sand.
Water moves readily through this sandy soil. Depth to
the seasonal high water table is variable. During wet
seasons, water is at or near the surface, as compared to
depths of 2 to 5 feet when rainfall is limited.
A few of the lower -lying areas may have water standing on
the surface after high -intensity rains. Areas of this soil
that are behind breaches in the foredunes are flooded by
salt water during storms. In addition, areas adjacent to
the sound are occasionally flooded by high wind tides. -
17) Madeland - This mapping unit is adjacent to the water .
on the soup side of the islands. The soil material has
been pumped or dredged during the construction of canals
and has been deposited between the canals to be used as
building sites. Essentially, all of the material has been
deposited over marsh. The average thickness of the soil
material ranges from 3 to 6 feet. The water table fluctuates
with changes in tide level; however, most areas have a water
table 2 to 4 feet below the surface during high tide. The
material is mainly sandy, but some areas contain up to
10 percent shells.
Water moves through the material readily and most areas
are droughty. They generally have poor filtering capacity
for septic tank effluent, and the potential hazard of
groundwater pollution is high.
These areas are commonly used for homesites because of the
access to the water. Landscaping of these areas usually
requires technical assistance to help solve the associated
problems. 34
y

.0 to 411; dark grayish brown loamy sand
4 to 10"; dark gray loamy sand
10 to 34"; gray loamy sand
:r:
-34._to...8011; greenish gray sand
Soil Horizons: A C
Soil profile drawing of Carteret soils, low.
Salt contents that range from about 20 to 35 parts per
thousand were measured in typical areas of this soil.
Sulfur odor was also evident when the soil material was
exposed to the air. Laboratory data of several samples
showed a sulfur content of 0.01 percent or less in these
sandy marsh soils.
12) Duckston fine sand - This mapping unit consists.of
poorly draine-Usoils. hey occupy the nearly level to
slightly depressional flats that extend inland from the
frontal dunes. Also, they are in the small, irregularly -
shaped depressions between the Corolla and Newhan soils.
The soils are sandy throughout. They contain a high
percent of coarse sand, few to many fragments of shells,
and a buried surface layer within 80 inches of the surface.
Native vegetation is dependent on proximity to the ocean.
Areas affected by salt spray are dominantly vegetated
by dense stands of saltmeadow cordgrass and scattered
waxmyrtle. As the distance from the ocean spray increases,
less salt -tolerant grasses and sedges occur along with
greenbrier, eastern baccharis, black willow, redbay,
three -square, scattered cattails, blueberry, wild olive,
and Virginia creeper.
33

Soil Units
3) Beach-Foredune Association - This mapping unit is mainly
on the ocean side of the an s" and islands; however, a
few areas of beach are adjacent to the inlets. It is long
and narrow and includes both the beach and the "frontal dune."
A major portion of the foredune is covered with vegetation,
consisting mainly of American beachgrass, sea -oats, coastal
panicgrass, and bitter panicum.
The beaches are low-lying and are flooded daily by tidal
action. The sand ranges from fine to very coarse in size
but is chiefly fine. Shell fragment content ranges widely.
The back portion of the beach (berm) is slightly higher and
is less affected by normal tidal action. It also contains
shell fragments and varies in sand sizes. The berm portion
is quite variable and, in places, is practically nonexistent.
The soft, fluffy, loose sand is susceptible to severe blowing,
particularly in the broader areas. In some areas, this blow-
ing supplies fine sand to the adjacent dunes. The beach is
invariably void of vegetation.
The foredune portion consists of a dune just landward and
parallel to the beach. Its height ranges from about 3 to 20
feet. In some places it is absent or has been breached by
tidal or wind action. Since the frontal dune serves as
protection for the more landward areas during storm attack,
some foreduners have been artifically constructed.to function
as such barriers.
Tidal flooding of the beaches is a severe limitation to all
uses .other than beach -related recreational activity. The
foredune is subject to excessive erosion by wind and wave
action unless vegetation can be established and maintained.
In this survey area, a line was not drawn between the beach
and foredune because this area is changing constantly.
6) Carteret soils low - This mapping consists of very
poor y ra ne , sandy, marsh soils. They occur from the
South Carolina line to the Roanoke Sound but are more extensive
in the southern part of the survey area. These Carteret
soils have formed on the sound side of the barrier islands.
They are flooded daily by ocean tides and are vegetated
mainly with pure stands of smooth cordgrass.
32

The climate of the barrier islands is modified by its
proximity to the Atlantic Ocean. Temperatures are not as
cold in winter and not as hot in summer as they are on the
mainland. Winters are generally mild, and the freeze -free
period is about 290 days. Rainfall is well -distributed
throughout the year, with summer rainfall the greatest.
The fall of the year is usually the driest period. The
only weather station on the barrier islands is at Cape
Hatteras; but data from Norfolk, Virginia, and Wilmington,
North Carolina, may be used for general comparison of north
to south differences.
Tropical hurricanes are an important influence on the islands
and come close enough to effect them on an average of about
twice a year. This type of storm strikes the state with
enough force to do damage to property on the average of
about once in ten years.
The climate of North Carolina's coastal barrier islands
probably does not vary enough from north to south to produce
different soils. The vegetation differences from Currituck
Banks to Smith Island do, however, provide an indication of
climate differences. Sea -oats reaches its extreme northern
limit on Currituck Banks where American beachgrass reaches
its southern limit. Northern bayberry ranges only as far
south as Oregon Inlet, while on the extreme southern coast,
Smith Island has some semi -tropical species such as cabbage
palmetto.
In summary, the islands and their soils are not static but
are subject to frequent changes, as a complex combination of
environmental factors produce a dynamic landscape subject to
rapid changes.
TABLE 4. WEATHER DATA FROM THREE COASTAL LOCATIONS
Mean Annual
Temperature
Temperature
Mean
days
days
Daily Daily
Mean Annual
Wind
Possible
max
min
max min
Precipitation
Speed
Sunshine
90OF
320F
OF of
—Inches
MPH
ays
and
and
above
below
Norfolk, VA 65.2 47.7
40.48
a.9
56
30
72.,
Hatteras, NC 68.6 55.7
54.47
11.6
63
3
33
Wilmington, NC 74.0 53.5
51.29
9.5
65
38
48
31

Factors of soil formation - Soil is the product of certain
environmental actors acting upon geologic material. The
soil forming factors are parent material, climate, organisms,
relief, and time. The influence of these factors is interde-
pendent but by no means equal. In the barrier islands soil
survey area, these factors influence soil formation in varying
degrees. Parent material, time, relief, and organisms (plants)
are the factors which account for most of the soil differences
and are interrelated in a complex manner. The climate affects
soil development, but it is relatively similar over the
survey area.
The parent material of most of the soils in the area is
sand of marine origin. Several hypotheses regarding the
formation of the barrier islands have been proposed, and
recent evidence indicates that land features may be only
several thousand years old. The relief of the sand deposits
and the length of time they remain in place are effected
greatly by wind and water. Examples are dunes which are
frequently shifted by wind and sand which is transported by
water. These processes occur during storms when overwash
may occur and during the opening and closing of inlets.
Numerous buried surface horizons provide evidence of these
rapid changes in land form. This lack of stability limits
the time available for soil development. The relief effects
moisture available for plant growth since elevation changes
of a few inches influence the vegetative types which occur
in both the marsh and the dune areas; and the plants, in
turn, influence soil development.
Plants are the most obvious organisms which effect soil
formation; and their distribution on the barrier islands is
affected by environmental factors such as shifting sand,
salt spray, and relief. On the islands, stabilization by
plants is necessary for soil development to occur. In the
foredune area, only salt tolerant grasses such as sea -oats
and American beachgrass can survive. On the landward side
of the dunes, shrubs such as live oak, yaupon holly, and
waxmyrtle are able to grow, usually exhibiting a characteristic
sheared appearance due to windborne salt spray. Where the
barrier islands are sufficiently wide, forests develop that
are similar in vegetative species and appearance to those on
the mainland. Thus, position of vegetation on the landscape
has an important influence on soil formation. A dune
field close to the ocean supports only grass vegetation
while the same parent material farther from the ocean
eventually supports trees. Different soils develop in the
two locations due to the influence of the vegetation and the
longer period available for soil development at the
stabilized wooded site.
99

TABLE 3. WILDLIFE HABITAT SUITABILITY
POTENTIAL FOR HABITAT ELEMENTS
POTENTIAL AS
MAP SYMBOL, HABITAT FOR WET-
LAND TYPES WETLAND PLANTS SHALLOW WATER LAND WILDLIFE
eac -
Foredune very poor very poor very poor
Association
#6 Carteret soils, fair good fair
low
#7 Corolla fine
poor
very
poor
poor
sand
#12 Duckston
poor
poor
poor
fine sand
#15 Fripp fine
very poor
very
poor
very poor
sand
#17 Madeland
very poor
very
poor
very poor
#18 Carteret soils,
high
fair
good
fair
#21 Newhan fine
sand
very poor
very
poor
very poor
#22 Newhan-
Corolla Complex
----See ratings for
individual soil----
#24 Newhan-Urban
land Complex ----See ratings for individual soil----
29

TABLE 2. DEGREE AND KIND OF LIMITATION FOR STATED USE
MAP SYMBOL, SEPTIC TANK
LAND TYPES DWELLINGS STREETS & ROADS FILTER FIELD
3 Beach-
very severe-
very severe-
very severe-
Foredune
flooding
flooding
flooding
Association
#6 Carteret soils,
very severe-
very severe-
very severe -
low
flooding -wet
flooding -wet
flooding -wet
#7 Corolla fine
severe -wet
severe -wet
severe -wet
sand
#12 Duckston
severe -wet
severe -wet
severe -wet
fine sand
#15 Fripp fine
severe -floods
moderate -floods
slight
sand
#17 Madeland
severe
severe
severel
#18 Carteret very severe- very severe- very severe -
soils, high flooding -wet flooding -wet flooding -wet
#21 Newhan fine slight slight slight
sand
#22 Newhan-
Corolla Complex ----See ratings for individual soil----
#24 Newhan-Urban
land complex ----See ratings for individual soil----
Thesandy soils are highly pervious with questionable filtering capacities.
Thus, contamination of groundwater is possible.
28

21) Newhan fine sand - This mapping unit consists of
well- rai ' ned to excessively drained sandy soils. The soils
are droughty, and the natural fertility is low. They have
a thin surface layer which contains a low amount of
organic matter and plant fibers. The soils have formed
in stratified sandy deposits that range from fine to course;
sand with varying amounts of shells.
0 to 2"; grayish brown fine sand
2 to 50"; light gray fine sand
50 to 12" ; light gray sand
Soil Horizons: A C
Soil profile drawing of Newhan fine sand.
These soils usually occur in long ridges on dunes that
parallel the ocean. Elevations range from 5 to 60 feet or
more. Slopes vary from nearly level and smooth to steep
and complex.
Typically, each mapping unit has more than 50 percent plant
cover. The principal plants include American beachgrass,
seashore elder, searocket, sea -oats, smooth cordgrass,
bitter panicum, bluestem, and other species adapted to the
effects of salt spray, blowing sand, and droughty soil
conditions.
The percolation of water is very rapid in the Newhan soils.
Areas of this soil that are void of vegetation are subject
to severe blowing. In order to stabilize these soils and
prevent bare spots from blowing, a vegetative cover must be
established and maintained. American beachgrass and bitter
panicgrass are suitable for this purpose. After grasses
36

have been established, shrubs can be planted in areas
protected from salt spray. These species include waxmyrtle,
northern bayberry, yaupon holly, and flameleaf sumac. These
shrubs will provide a more permanent cover than the grasses,
as well as an environment within which other native plants
can become established.
22) Newhan-Corolla complex - This mapping unit consists
of two soils, the dominant Newhan soils and the minor
Corolla soils. They occur in such an intricate pattern
on the landscape that it was not feasible to separate them
at the scale used in mapping. In many places, this unit.
actually occupies the transitional zone between the higher -
lying dunes to the east and the broad flats to the west.
It consists of low dunes with short, complex slopes and the
nearly level, intervening basins that separate the dunes.
The Newhan soils are on the low dunes. They are well -drained
to excessively drained, droughty, and have low natural
fertility. They have a thin surface layer that is low in
organic matter content and plant fibers. The soils have
formed in stratified sandy deposits that contain mostly
coarse sand and varying amounts of shell fragments. The
water table is more than 7 feet below the surface. Vegeta-
tion common to the Newhan soils includes American beachgrass,
seacoast bluestem, coastal panicgrass, bitter panicum,
largeleaf pennywort, and ragweed.
The Corolla soils occupy the irregularly -shaped basins. They
are moderately well -drained and sandy throughout and generally
contain an older buried surface layer within 80 inches of the
surface. The sandy material contains a high percent of coarse
sand, along with varying amounts of shells or fragments of
shells. During the winter, the Corolla soils typically have
water within 15 to 20 inches of their surface. However, small
areas where the seasonal high water table is at or near the
surface are included in the mapping units. The common vegeta-
tion includes saltmeadow cordgrass, live oak, waxmyrtle,
seashore elder, searocket, eveningprimrose, and largeleaf
pennywort. The soils that lack sufficient vegetative cover
are subject to soil blowing. To stablilize and prevent the
soils from blowing, a vegetative cover must be established
and maintained. American beachgrass and bitter panicum
37

are suitable for this purpose. After stabilization has
been accomplished, shrubs can be planted in areas protected
from salt spray. Suitable species are waxmyrtle, northern
bayberry, yaupon holly, ragweed, flameleaf sumac, and
seacoast bluestem. The shrubs will provide not only a more
permanent cover than the grass.but also an environment within
which other native plants can become established.
24) Newhan-Urban land complex - This mapping unit consists
of areas of Ne-Ran soils and urban land that are too intricately
mixed to be separated at the scale used in mapping. They occupy
developed areas such as Nags Head.
Newhan soils occupy more than half of the mapping unit.
Their soil properties and interpretations are similar to
those given for Newhan fine sand, unit 21.
The urban land portion of this mapping unit includes the
area covered with buildings, driveways, streets, and parking
lots. In these areas, the surface is covered with impervious
material. Slope is generally modified to fit the site needs.
The extent of site modification is variable. Many areas
have had little disturbance while other areas have been cut,
filled, or both. The urban land part of this mapping unit
ranges from 15 to 50 percent, but typically covers about
20 percent of the land area.
38

I. E. 1. c. Water Supply Appraisal*
Since no fresh surface water bodies exist in or near
Indian Beach, the Town is not located in a designated public
water supply watershed. Practically speaking, groundwater
is the only available source of water supply that can be
developed to meet the Town's present and future demand for
water.
While there is a paucity of specific well data from
Indian Beach, the generalized data suggests that usuable
water can be obtained from wells exposed either to the
Surficial Aquifer or the Limestone Aquifer.
The Surficial Aquifer, commonly known as the water
table aquifer, exists from a few feet below land surface
to a probable depth of sixty feet. The geologic formations
that comprise the aquifer framework consists of sand and
semi -consolidated sandy shell. The quality of water derived
from this aquifer is fair to good: iron is the most objectionable
constituent in the water. Wells exposed to.this aquifer are
capable of yielding up to 100 gallons per minute of water.
However, overpumping of this aquifer should be avoided to
prevent saltwater intrusion problems.
The Surficial Aquifer is replenished by rainfall that falls
on the sandy land surface. Therefore, a considerable portion
of Indian Beach is located over a recharge area. Since waste-
water effluent from septic tanks is also a source of recharge
to the Surficial Aquifer, every precaution must be exercised
in the location and construction of a water supply well in this
aquifer.
* Memorandum from Richard S. Shiver, Wilmington Regional Hydrologist,
N. C. Department of Natural Resources and Community Development,
Wilmington, N. C. April 13, 1981.
39 1.. t

Underneath the water table aquifer, and separated from
it by a mud layer, the Limestone Aquifer is an artesian aquifer
that extends from 200 feet to 400 feet below land surface.
At depths below 400 feet, the Limestone Aquifer still exists
but the water is believed to be brackish. The potable
portion of this aquifer contains enormous quantities of
water stored in the pores and cracks of a semi -consolidated
to consolidated shell limestone. The quality of water from
the Limestone Aquifer is good to very good: iron is an
occasional nuisance -causing constituent, however. Wells
exposed to this limestone are capable of yielding 300
gallons per minute of water. Saltwater intrusion does not
now threaten to deteriorate the good quality of water from
this aquifer.
By basing water usuage on 1980 population estimates,
Indian Beach's water demand varies from 4,000 to 169,000
gallons per day of water. Maximum usage, of course, occurs
during the peak tourist season. Presently, there is no
data to substantiate any quality - or quantity - related
problems with the Town's groundwater resources. However,
with increasing growth, water supply problems may occur -
especially during the Town's peak tourist season. Therefore,
as an element of prudent planning, the Town officials are .
encouraged to monitor and assess their water supply needs in
terms of viable options that would assure the Town of a
continual supply of usuable water.
40

I. E. 1. d. Excessive Slope
Indian Beach does not have any areas where the predominate
slope exceeds 12 percent. However, there are some isolated
spots where sand dunes may approach this degree of steepnees.
These areas are subject to migration where they are not sta-
bilized due to wind erosion.
I. E. 1. e. Fragile Areas
An understanding of the biological components of fragile
areas is the key to understanding barrier islands and areas
of environmental concern. This information is included be-
cause of the educational value the Land Use Plan serves in
Indian Beach.
The following is a detailed discussion of the biological
components of barrier islands. Some of the components are
also a part of various areas of environmental concern (AEC).
For example, the estuarine system, the mud and sand flats,
the oyster rocks and the salt marshes are biological compo-
nents of the Coastal Wetlands AEC and the Estuarine Waters
AEC.
The biological importance of these areas can not be over-
stated. These biological components are the reasons for
these areas being fragile.
The maritime forest is a fragile area but not an AEC.
41

The estuaries represent some four thousand miles of
shoreline --an area unsurpassed in terms of development
potential which requires careful planning. And finally,
the estuaries are interconnected with the intracoastal
waterway and an important thoroughfare, commercially and
recreationally.
The estuarine system is further divided into the
brackish water and mid -salinity systems. Brackish water
systems are located at the point of contact between
freshwater and saltwater and generally have 8 parts per
thousand or less salinity. The mid -salinity systems
which include Bogue Sound have anywhere from 8 to 30
parts per thousand salinity. Differences in -size, amount
of freshwater input, and access to the sea produce varying
acreages of mid -salinity waters.
Mid -salinity systems, like all estuaries, are the
result of interactions between tidal currents, river flow,
temperature, wind, rainfall, sunlight and the physical
shape of the estuary itself.* Most of these exhibit a
great deal of variation daily as well as seasonally.
For example, the combination of river flow and tidal
currents produce a two layered system of circulation within
most estuaries, a system vital in transporting those organisms
which utilize the estuary as a nursery area. Denser salt
water, energized by the tides, moves upstream underneath
the lighter river water flowing downstream, creating a net
downstream movement at the surface and a net upstream move-
ment along the bottom. This circulation pattern transports
larval and juvenile organisms from both offshore and upriver,
carrying them into the nutrient -rich marshes and tributaries.
Ecological Determinants of Coastal Area Management, Volume II
Wilson Laney.
42

When they leave the estuary as elder juveniles or sub -adults,
they ride the high -velocity surface currents out into the
ocean. Consequently, it should be noted that if one
component of such a complex relationship is damaged or
destroyed, the entire relationship could be altered or
affected in ways which could be irreversible.
Data for 1974-78 clearly demonstrates that North Carolina
commercial fisheries are based almost entirely on estuarine
dependent species.* Secondary benefits are revenues derived
from operation and maintenance of the gear required for
the commercial and sport fisheries, marinas, boat yards and
other repair and supply facilities and processing plants.
Furthermore, no one can accurately assess the value associated.
with recreational purposes from using the mid -salinity system.
One indication of how much they are enjoyed is the increase
in visitors and permanent residents each year.
A sample of the consequences of man's activities and
impact upon the environment is illustrated in the chart
on the following pages.
The single -most important point to remember is that
the estuary has many components and any alteration to one
is likely to upset another.
*North Carolina's Coastal Fishing Industry, Michael W. Street
and Joseph—b- McClees. Draft. January, 1980.
43

TABLE 5. VARIOUS TYPES AND LIKELY CONSEQUENCES OF MAN -INDUCED MODIFICATIONS OF THE MID -SALINITY SYSTEM AS A HABITAT FOR
THE YOUNG OF COMMERCIALLY IMPORTANT ORGANISMS (MODIFIED FROM KUTKUHN 1966).
Probable results in terms
Feature Example Expected effects of resource productivity
Adverse Beneficial
I. Change in Basin Con-
figuration:
Bulkheading and Filling
Dredging of Navigation
Channels
Segmentation by Spoil
Banks as Well as by
Rail and Highway
Grades
Coastal Zone, North
Carolina
Intercoastal Waterway;
Wilmington ship channel;
State port of Morehead
Oregon Inlet Bridge
General reduction in
acreage of desired
shore -zone and marsh
habitat; alteration of
marsh drainage patterns
(Hutton et al. 1956).
Partial deepening of
bays, alteration of
marsh drainage patterns;
increased exchange of
oceanic, bay and marsh
water; change in circu-
lation and hence distri-
bution of salinity,
temperature, etc.;
temporary increase in
silt load (Rounsefell
1964; Reid 1956, 1957;
Hoss et al. 1974a).
Lessening of average
depth through shoaling
due to structure's
influence on circula-
tion; reduced exchange
of fresh and salt
water.
Decreased productivity
due to loss of carrying
capacity.through destruc-
tion of plant cover and
food sources.
Possible sea -water intru-
sion, reducing carrying
capacity through reduc-
tion of plant cover and
food sources.
Slight loss of bottom
acreage, disruption of
flow patterns, and
impedence of organism
movements would have
nominal effect on
productivity.
None
Increased carrying
capacity through
provision of access
for small organisms
to previously inac-
cesible estuarine
and marsh areas;
deepened areas offer
haven or escape
routes from effects
of sudden cold
fronts. (Deposition
of spoil islands
allows nesting by
seabirds.)
None

TABLE 5. (continued)
Probable results in terms
Feature Example Expected effects of resource productivity
Adverse Beneficial
Ditching of Marshes
II. Protective Works:
Sea Walls, Dikes,
Levees
III. Change in Volume
and Seasonal Distribu-
tion of Freshwater
Inflow:
Inhibition and Removal
of Water Flow
-p
cn
Coastal North Carolina Lowered water table; Loss in productive Increased access to
(Carteret County) gross change in vegeta- potential attributable marsh areas by
tive cover; loss of nu- not only to loss of juvenile organisms.
trient material from plant cover and food
marsh areas (Bourn & Cot- sources, but to
tam 1950; Kuenzler & reduction in nursery
Marshall 1973; LaSalle acreage as well.
& Knight 1973).
Coastal North Carolina Restricted influx of Generally lowed produc- None
salt water; loss of tivity because of dimin-
tidal-exchange benefits; ished access to broad
change in salinity regime estuarine areas for
young organisms.
Upstream dams and flood
control structures on
N. C. rivers and streams;
removal of water for
municipal and agricul-
tural uses; removal of
water by power plants
(B.S.E.P.)
Generally heightened General deterioration of None
salinity; increased con- environment which is a
centration of downstream vital link in organisms'
pollutants; reduced in- survival strategy would
flux of terrigenous mean a measurable loss in
nutrient material(Chapman production.
1966; Copeland 1966).
Entrainment of organisms
by power plants.

TABLE 5. (continued)
Probable results in terms
Feature Example Expected effects of resource productivit
Adverse Beneficial
Channelization
IV. Pollutions:.
Domestic
Coastal North Carolina
streams
Untreated wastes (Cape
Fear River system?)
Industrial Port cities (Wilmington,
Morehead), pulp and
textile mills on N. C.
rivers
Agricultural
Thermal & Nuclear
.P.
rn
Pamlico River estuary
and tributaries
Brunswick Steam Electric
Plant, other possible
power plants on N. C.
estuaries.
Erratic, sudden fresh-
water input; pulses of
pollutants; increased
siltation due to loss of
gradual flow.
Change in water chemis-
try; increased biological
demand for oxygen. .
Change in water chemis-
try; presence of toxic or
suffocating compounds
(Steed & Copeland 1967).
Introduction through
sheet runoff of pe ti-
cides, herbicides and
nutrients (from ferti-
lizers)
Increased temperatures in
area of thermal plume on
a year-round basis except
for shutdowns; radio-
active compounds released
(Ross et al. 1971;
Hoss et a'7 1974b).
Destroys benthic
habitat through
increased silta-
tion and pollutants.
Superenrichment could
induce suffocation and
loss of productivity.
In cases of inadequate
dilution, decreased
survival and produc-
tivity.
Accumulation of toxic
substances by shellfish
resulting in closing of
shellfish areas, etc.
Fish kills due to
sudden shutdown during
winter; possible death
of larval organisms.
None
Increased fertility;
limited enhancement
of productivity.
None
Possible enhancement
of system due to
increased fertility.
Possible enhancement
of system due to warm
temperatures providirn
extended growing
season (Co eland &
Davis 197T

2) mud and sand flats (intertidaZ areas)* - Located between
high and low tide levels throughout the coastal area, these
areas contain an abundance of animal life. Mud flats along
a particular shore are dependent upon bottom topography and
speed of water currents carrying suspended sediments. Just
how shallow the bottom has to be is determined by the tidal
difference for a particular body of water. Deeper bottom
areas can become flats in sounds with larger tidal ranges
than those with smaller ones.
An important food source for animals living in mud flats
is decaying plant and animal matter called detritus. Animals
composing mud and sand flats communities can be divided into
two major groups --temporary and permanent members. Permanent
members are the snails, worms and clams who spend their whole
adult lives on the flats. Temporary members are bacteria,
algae and micro organisms. The most commonly known animals
living in tidal flats are claims and crustaceous. However,
during high tide the mud and sand flats become feeding
grounds for fish and crabs. During low tide predators of
the flats include raccoons, rats, otters and especially birds.
In addition to the direct value of clams, fish and
wildlife, the mud flats have indirect value due to trapping
and cycling nutrients. This helps supply necessary amounts
of nitrogen, phosphorus and other elements to the overlying
waters to be utilized by organisms vital to estuarine food
chains.
The most serious impact of man's activities is that
of dredging coastal intertidal areas and expanding permanent
shoreline through bulkheading. Other activities such as
runoff reduce oxygen levels which suffocates the bottom
organisms.
* Ecological Determinants of Coastal Area Management, Volume II
o n B. Williams.
47

3) oyster rocks* - While not a true geographic hazard area,
oysters are reef organisms which grow on their own shells.
Under suitable conditions of temperature, salinity and
water flow, a single oyster will attach itself to any solid
material such as a rock, stick or underwater structure.
Other oysters then continue to attach to one another until
the cluster gradually increases forming a reef, bar or
oyster bed. Large reefs provide the basis for multi -million
dollar farming operations, as those living singly and widely
dispersed do not offer much commercial value.
Oysters depend on moving water to provide oxygen
and food as well as to carry away the waste products of
their metabolism. It has been calculated that an average
oyster will filter approximately 15 liters of water per
hour, and a volume of water at least equal to this amount
must be provided to each living oyster on the reef in order
that the reef be maintained. Ideal current conditions are
a steady non -turbulent flow of water over the oyster bed.
Sedimentation, parasites, predators, and man's activities
are the threats to oysters. Man's impact can be divided
into three basic categories: overfishing, pollution and
dredging. Overfishing continues today and will in the
future as long as we ignore the principle, "in order for
any natural resource to be maintained, the amount of it
which is harvested must not exceed the amount regenerated
annually." Pollutants which are lethal and those less toxic
affect both adults, larvae and juveniles. Because oysters
are filter feeders, they collect pollutants in concentrations
many hundreds of times greater than the levels found in the
surrounding environment.
* Ecological Determinants of Coastal Area Management, Volume II
Ronald Fiore.
48

The discharge of untreated domestic waste has a threefold
effect upon oyster reefs. It covers the bottom with sludge
that smothers the oyster bed, affects functions due to
decreased oxygen in the water and greatly increases the
water's bacterial and viral content. This type of contamina-
tion eliminates the grounds as a commercial fishery because
it creates a health hazard to humans using oysters as a food
source. However, the growth and development of the oysters
themselves may not be materially affected.
Other forms of pollution such as thermal, toxic, radio-
active and oil all have adverse effects. Dredging for the
purpose of digging a channel or filling in a marshland may
obliterate an oyster population by depositing sand and silt.
However, it has been determined that controlled dredging
operations taking place at least 400 yards from live oyster
reefs are possible without causing too much harm.
Annual oyster landings remained upwards of 1 million
pounds until 1962, but have not reached that figure since
in North Carolina.
4) saZt marshes* - Salt marshes are fairly flat beds of
salt -resistant vegetation that are alternately flooded and
drained by salt or brackish water. The frequency, duration
and salinity of the water that floods a marsh determine the
plant species and the characteristics of that marsh. In
North Carolina, salt marshes are of two kinds: regularly
and irregularly flooded marshes. Vegetation dominating each
marsh is different. Generally, from the Cape lookout area
south, the majority of the salt marshes are regularly flooded
ological Deteminants`of,Coastal'Area,Management, Volume II
ren Bolster.
49

S artina marshes.
The unique productivity of the estuarine system is
supported by detritus. Several small species of fish live
in the marsh and are preyed upon by larger fish of commercial
importance. The marsh serves as valuable habitat for a
variety of animals. These include mice, rats, muskrat,
mink, otter. These animals feed on the roots, rhizomes,
stems and seeds of marshes.
In its function as a buffer zone between high ground
and the estuary, the marsh is believed to act in many cases
as a moderating factor on the impacts of the two environments
on each other. Thus, the marsh serves to protect uplands
from storm and flood damage by the estuarine water by slowing
the velocity of the water and therefore, dissipating wave
energy.
Because the marsh slows the velocity of water movement,
it also serves as a "sediment tray" for the estuary. As
water is slowed by passing over the marsh, particles fall
out of the water and are deposited on the marsh. In this way,
the marsh cleanses the water by decreasing its turbidity or
particulate load. Consequently, the marshes act as a filter
and stabilizer of erosion forces.
From the above, we see that marshes have primary
value (value harvested directly) since it serves as habitat
for commercially important species such as muskrat, otter,
mink and oyster. Secondary value (value harvested indirectly)
are of greatest value to man. The marsh is a source of
nutrients and detrital material. The marsh serves as a
nursery ground for commercially valuable species such as
shrimp, mullet, menhaden and striped bass. It also serves
as a habitat for small fish which are a source of food for
01

larger forms. It is believed that the marsh acts in a manner
similar to a tertiary sewage treatment plant because of its
efficient nutrient recycling. The expense of building tertiary
treatment plants to function similarly would be enormously
expensive. Marshes act as "sediment traps" by slowing the
water flowing over them and protect uplands from storm
damage. The tertiary value of marsh is difficult to evaluate
in a monetary scheme in that it contributes to the aesthetic,
recreational, scientific and educational use.
5) maritime forest* — A significant portion of North Carolina's
tourist income is derived from providing a pleasant beach
experience. Poets, artists, and persons from all walks
of life find inspiration in the varied landscapes. The
maritime forest soils are relic ocean sediments. Most of the
mineral elements required for forest nutrition are derived
from salt spray. Even the sculptured appearance is in direct
response to salt blown in from the sea. Thus, the maritime
forest contributes to the visitors' enjoyment of the seashore.
Other functions are less obvious, but in fact may be vital
in holding the barrier islands in equilibrium with erosion
forces. These functions are: retention of rainfall as
subsurface groundwater, stabilization of loose sandy soils
in the face of frequent strong winds and conservation of
scarce nutrients (potassium, calcium) from salt spray and
rain.
Dominant tree species in relatively undisturbed areas
are usually live oak, laurel oak, or yaupon. Associates
usually include wax myrtle, red cedar, red bay and American
holly. The maritime forest originated by adaption
* Ecological Determinants of*Coastal-Area-Management, Volume II
Vincent Bellis and EdwardProffitt.
51

of salt -tolerant components of the Coastal Evergreen Forest.
Salt spray effects are most severe along the seaward edge
of the forest. Here the forest canopy is kept compact and
low because upward dominance of the branches is destroyed
whenever terminal buds are destroyed. This stimulates lateral
buds. Such tree development provides an effective wind
barrier. Most of the mineral inputs are derived from salt
spray. Unlike the adjacent salt marshes, the maritime forest
does not appear to be highly productive due to salt stress
and low mineral base.
Along Bogue Banks, it has been common practice to
establish trailer parks by pushing the toe of parallel dune
ridges into the intervening swale ponds. Destruction of
the forest canopy during this process results in increased
evaporative water loss from the soil, while subsequent
removal of the tree deposits by lot owners further increases
evaporation. Filling of the swale ponds results in loss of
water -holding capacity. Human population demands upon the
freshwater supply increases even as man's activities function
to reduce water trapping and holding capacity of the natural
system. The impact of human disturbance is likely to be
cumulative and may be largely reversible.
6) other fragiZe areas - Another fragile area involves cultural
resources. These are more site specific when located.
However, in the case of Indian Beach only two archaeological
sites are documented. Recent correspondence with the N. C.
Division of Archives and History revealed the following.
"According to our initial review, sites 31CR29 and
32 are located in the planning area. It was our
assessment that other sites are likely to occur,
especially in areas indicated as "transition" on
the Indian Beach map provided with the plan. Both
recorded sites are now mostly or completely destroyed.
52

Site 31CR29 was located at the northwesternmost
extremity of Salter Path (adjacent to Bogue Sound)
on a twelve foot brush -covered dune. The site,
consisting of several burials, was discovered during
removal of the dune by the landowner. Eventually,
about 90% of the dune was removed to make way for
a moorage channel. A small portion (unspecified
on the site form) of the dune lies on Salter Path
community property. Because of its probable total
destruction, site 31CR29 is of limited research
importance. Yet, it does serve to draw attention
to the fact that other such sites may exist undisturbed
in the area.
Located in the general vicinity, but.about 0.4 mile
from the new moorage channel, site 31CR32 is unfortunately
of similar informational potential. Its finding is
from collectors' word-of-mouth accounts about artifacts
discovered in the area. A site check confirmed the
location since flakes and portions of pipes were
found. The area is a large one subject to "obliteration
due to loose blowing sand.
While both 31CR29 and 32 had the.potential to yield
archaeological data pertinent to the early settlement
of the area, both are now of limited informational
importance due to their destruction by both artificial
and natural means. The sites are, however, important
for the precedent they set for the probable location of
other such sites in the area."*
Consequently, these sites serve as an indication of the
potential for similar resource sites.
I. E. 1. f. Areas with Resource Potential
Indian Beach does not have any known areas of resource
potential as described in 15 NCAC 7B .0202 (c) (3).
* Letter dated January 11, 1982, from Mr. John J. Little, Deputy,
State Historic Preservation Officer.
53

I. E. 2. Capacity of Community Facilities
The Town of Indian Beach does not own or operate either a
water or sewer system.
However, the western area (adjacent to Emerald Isle) is
served by the Bogue Banks Water and Sewer Corporation. This is
a private non-profit corporation which provides water to its .
customers in Emerald Isle, Indian Beach and Salter Path. Service
to Indian Beach is provided by a 6 and 8 inch waterline which
lies under N.C. 58. The corporation does not construct extensions.
That is the responsibility of the property owner. Recently, an
extension was added.to serve the Colony by the Sea Condominiums
in the eastern area of Indian Beach.
Since the water system is not owned or operated by the Town
of Indian Beach and it serves a much larger area than Indian
Beach's corporate limits, the capacity is not a responsibility of
the Town of Indian Beach. Nevertheless, it should be an important
planning consideration for the Town.
54

I. F. Estimated Demand
1. Population Estimate
Due to the small size and lack of historical data for
Indian Beach, forecasting population is at best guess
work. The following does not account for any future economic
change as brought about by location of a major industrial employer
nearby or a national recession.
Historic Population
Percent Change Actual Decrease
1960 1970 1980 1970 - 80 1970 - 80
Indian Beach - 60* 54 -10 -
Carteret County 30,940 31,603 40,794 29 9,191 In-
crease
Source: U.S. Census of Population
* 1973 estimate at incorporation
Indian Beach Population ProJ ections 1990
Permanent Seasonal
500 2,500
Source: 1976 Indian Beach Land Use Plan (unadopted);
combination arithmetic and percentage
adjustment
55

I. F. 2. Future Land Needs
Indian Beach has over 60 percent of its total land area
undeveloped (228.8 acres). There appears to be sufficient
land available to accommodate future land needs but not at the
same intensity as present development levels. It is doubtful
that the natural carrying capacity of the barrier island could
absorb the waste generated if the remaining land is developed
at the same intensity as the existing development of 11 living
units per acre without the necessary facilities. Future de-
velopment is not as intensive as existing residential land use
and if land use control measures are implemented which prohibit
development at the present density, adequate land for develop-
ment will be available.
Obviously, using more land area per residential unit may
not permit that residential use (mobile home) to be economically
feasible. In fact, tighter controls may cause the land value
to increase and effectively eliminate mobile homes as an
alternative residential land use.
By the same token, the community cannot continue its present
course of intensive residential land use without requiring the
necessary water, sewer and other municipal services. The
provision of basic municipal services alone will not eliminate
all forms of environmental degradation. It is now well recog-
nized that "non -point" discharges such as urban runoff and
agriculture contribute greatly to the total pollution problem.
-56

I. F. 3. Community Facilities Demand
As previously stated, water is available to Indian Beach
citizens from Bogue Banks Water and Sewer Corporation but
the town has no municipal sewer service... A public/community
sewer system is imperative if the community is going to continue
to grow and attract vacationers and fishermen from across the
State and Nation. This facility could be provided more
economically with a cooperative agreement with neighboring
communities also needing sewer service.
Sewer systems are very expensive and would probably not be cost-
effective for Indian Beach at this time. However, the risk to
health is too important not to be doing anything about it.
The Town could begin by requiring proven alternative septic
tank systems (i.e., low pressure mound and package plants with
subsurface discharge for larger projects) and monitoring closely
their installation and operation.
The county health department has jurisdiction over small waste
water disposal systems. However, the county's concern is from a
broader perspective and it must deal with the mainland as well.
Indian Beach must ultimately be responsible for its own health,
safety and welfare.
57

II. POLICY STATEMENTS
In order to avoid any misunderstanding, the frequently used terms
of goal, objective and policy are defined as follows:
GoaZ--a desired future condition;
Objective --a task or course of action to be
performed; and
PoZiczy--a commitment to action to reach a goal.
Policy statements are the most important aspect of land use planning.
According to the CAMA Land Use Planning Guidelines (15 NCAC 7B effective
September 1, 1979),policy statements must be included which cover four
broad categories. In order to accomplish this and to provide the reader
with the necessary information, the following format is used. First,
under each of the four categories there is a listing and where appropriate,
a discussion of the current and future planning issues confronting the
Town of Indian Beach. Second, immediately following the issues, there
is a discussion of various alternative solutions. Third, considering
all information presently available and the best interest of the whole
community, a statement reflecting the selected alternative is made.
Once this Land Use Plan is adopted by the Indian Beach Board of
Commissioners, the statements become the Town's land use policy.

A. Resource Protection
The most important natural resource in Indian Beach is the
island itself, which contains five areas of environmental concern
which fall under two systems: Ocean Hazard System and Estuarine
System. These systems are dynamic, hazardous to certain kinds of
development; and, yet, responsible for the island's attractiveness.
Ocean Hazard System represents a dynamic zone due to the
constant forces exerted by waves, winds, and currents upon the
unstable sands that form the shore. During storms, these forces
are intensified and cause significant changes. Hazard area property
is in the ownership of a large number of private individuals as
well as public agencies and is used by a vast number of visitors.
Thus, the Ocean Hazard System is critical because of both the severity
of hazard and the intensity of interest.
The Estuarine System which.has several components, is the most
biologically productive region in this state and nation. It supplies
the source of food for fish and shellfish which makes up over 90%
of the total value of North Carolina's commercial catch. The
system acts as a filter causing suspended organic.and inorganic
particles to settle out. The system is also a source of food for
native wildlife. Please refer to the detailed discussion under
Section I. E. Constraints.
Issue A-1. What is the impact of continued deveZopment
in the Areas of EnvironmentaZ Concern (AECs)?
As noted in Section I. E. 1. a. Ocean Hazard and Estuarine
Systems cover a very small geographic area within Indian
Beach. Development within the Ocean Hazard System risks
life and property. There are standards which if followed will
minimize the risk. However, development within the Estuarine
System presents a larger risk to the community. Carteret
County and Indian Beach have a great deal at stake when
activities affect its fishing economy. While in the short
term, it may not be noticeable, in the long term, it could be
devastating. There are standards which apply to this area
too. Enforcement continues to play an important part.
59.

Alternative Solutions - Alternative solutions range from no
development in an AEC to "business as usual" without an
adopted CAMA implementation program. If one feels that
natural resources can protect themselves or that a community
can survive a "no -growth" policy, then they are apt to select
one of these alternatives. The preferred alternative is one
that permits development, yet does not ruin the community's
future.
A-1 POLICY STATEMENT. IN RECOGNITION OF THE ISLAND'S VULNERABLE
OCEAN HAZARD SYSTEM AND THE BIOLOGICALLY IMPORTANT ESTUARINE
SYSTEM, THE TOWN OF INDIAN BEACH SHALL SUPPORT THE STATE
GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN (15 NCAC 7H)
AND WORK TOWARDS IMPLEMENTING THE MINOR PERMIT PROGRAM
(15 NCAC 7E).
Issue A-2. What is the impact of continued deveZopment on
soiZs unsuitable for urban type deveZopment without the
necessary facilities?
Most of the undeveloped land in Indian Beach consists of
two soils: Newhan fine sand (#21) and Newhan-Corolla
Complex (#22). From the interpretive chart, we see that
these soils for urban use are rated "slight" for Newhan
fine sand, although sandy soils are highly pervious with
questionable filtering capacities and "slight" and "severe"
for Newhan-Corolla Complex depending on which particular
soil is most present. "Slight" means that soil properties
are generally favorable for the stated use. Severe means
that soil properties are unfavorable and that limitations
resulting from the properties may be too difficult to
correct or overcome. Soils having this rating require
major soil reclamation or special design for stated uses.
Soils rated slight are qualified because of the highly
pervious sand and consequently, questionable filtering
capacity. The cost of property on Barrier Islands may make
the modification more economically feasible.
Indian Beach's economy is tourism and commercial and port
fishing related. All of the community's water supply
comes from ground water resources. The agency charged with
protecting the community's health at the local level is
the Carteret County Health Department. However, the Town
has the authority to adopt and enforce stricter standards in
order to protect its health. Generally, when the problem
becomes known --it's too late.

Alternative Solutions - Alternative solutions to minimize
risk include eliminating conventional septic tanks as a
means of waste disposal and requiring a public sewer system
or do nothing. Considering the size of Indian Beach, neither
one of these options offer a realistic solution to a sub-
stantial health risk. However, the community could demonstrate
a greater concern for this potential problem. The Town has
the authority to adopt and enforce stricter standards than
those used by the County Health Department. Standards could
be added to account for high water table, pervious soils
and others. While the County Health Department rules are
State Regulations, their interpretation and enforcement must
by necessity encompass a large area which may not in the
long term be in the best interest of Indian Beach.
At a minimum, the Town could, through the building inspection
permit system, review current application of standards. Newly
designed individual waste disposal systems, so called,
"experimental system" such as "low pressure", "mound system"
and others offer possible solutions. As for multi -family
and large development projects, the Town should require package
treatment plants.
A-2 POLICY STATEMENT. THE TOWN OF INDIAN BEACH IS AWARE OF
ITS SOIL LIMITATIONS AND THE POTENTIAL RISK ASSOCIATED WITH
WATER SUPPLY. CONSEQUENTLY, THE TOWN WILL REVIEW WITH THE
CARTERET COUNTY HEALTH DEPARTMENT ITS CURRENT STANDARDS AND
THEIR APPLICATION TO INDIAN BEACH. ADDITIONALLY, THE TOWN
WILL SEEK FROM LOCAL, STATE AND FEDERAL AGENCIES ALL
AVAILABLE INFORMATION REGARDING THE NEW "EXPERIMENTAL SYSTEMS."
IT SHALL BE THE POLICY.OF INDIAN BEACH TO PROTECT ITS GROUND-
WATER RESOURCES BY THOROUGHLY CONSIDERING SOIL LIMITATIONS
WHEN ISSUING PERMITS.
Issue A-3. What is the impact of a continuous Zoss of
maritime forest?
As noted under Section I. E., maritime forest play an
indispensable role in supplying groundwater and holding
the island together. Inhabitants of the island should no
longer consider these forest as scrub thickets which serve
no useful purpose.
61

Alternative Solutions - Alternative solutions are a matter
of an adjustment in attitude. We either recognize their
importance or continue to disregard current information.
Maritime forest are not currently classified as an AEC
because of problems in delineation and uniform application
of standards to protect various tree species. The future
growth and development of the community will require the
loss of some vegetation.
A-3 POLICY STATEMENT. INDIAN BEACH RECOGNIZES THE IMPORTANCE
AND VALUE OF THE MARITIME FOREST. THE TOWN WILL MINIMIZE
TO THE EXTENT PRACTICAL THE LOSS OF THE MARITIME FOREST.
THE TOWN WILL ENCOURAGE PRIVATE PROPERTY OWNERS TO DISTURB
ONLY THAT AREA REQUIRED FOR BUILDINGS, ACCESS, PARKING, AND
WASTE DISPOSAL.
Issue A-4. To what extent is the threat to life and property
in the event of a hurricane due to limited evacuation routes,
numerous mobile homes and structures which do not meet
State Building Codes?
Indian Beach is located on Bogue Banks. This island is
fortunate to have higher elevation than other barrier
islands. Also, in its favor are the recent road improvements
to N.C. 58. However, this road is the only route available
in order to leave the island.
On the negative side is the doubt whether the improved road
facility has the capacity to accommodate the seasonal peak
population during late summer and early fall. Past building
and development practices which allowed the complete leveling
of the island from ocean to sound (i.e., pier) severely
weakened the island. In fact, this may have created a manmade
washover. Furthermore, Bogue Banks faces north -south
and generally hurricanes originate in the south and travel
in mostly a norther%y direction. Should a hurricane hit the
island directly, it has the potential for intense destruction
compared to those islands which face east -west.
There has been and probably will continue to have a group
seeking an additional bridge from the mainland to Bogue Banks.
Recent N.C. Department of Transportation planning studies have
shown a proposed crossing near Morehead City and Pine Knoll
Shores. While this would improve the evacuation of the island
with continued growth and development, it may not be that much
of an improvement for Indian Beach.
62

The sheer number of mobile homes in Indian Beach is not
comforting in regard to safety from hurricanes. New mobile
homes on new lots are required to meet certain standards
which they may meet. Are mobile homes which replace previously
existing ones required to meet these standards?
Alternative Solutions - Indian Beach can recognize these risk
or pretend they don't exist. There can be no mistake that
living on a barrier island imposes some risk.
A-4 POLICY STATEMENT. THE TOWN OF INDIAN BEACH ACKNOWLEDGES
THE RISK TO LIFE AND PROPERTY ON THE BARRIER ISLANDS. AS A
CONSEQUENCE, INDIAN BEACH SHALL VIGOROUSLY ENFORCE THE STATE
BUILDING CODE PARTICULARLY APPENDIX D - WINDSTORM RESISTIVE
AMENDMENTS: AND CONDUCT INFORMATION AND EDUCATION.PROGRAMS
TO ALERT CITIZENS OF THE HAZARDS AND EVACUATION PLANS.
Issue A-5. Are existing Zand use controZ measures adequate
to require appropriate uses and activities on the island?
Land use control measures are the tools used by local governments
to implement policy. The measures are not generally designed
to stop development as its critics claim. They are designed
to give order and guidance to growth so local government can
make the needed improvements and adjustments to provide
necessary services.
Alternative Solutions - As was discussed under Section I. D.,
Current Plans, Policies and Regulations, there are serious
flaws in the two land use control ordinances. These deficiencies
can easily be corrected.
A-5 POLICY STATEMENT. THE TOWN OF INDIAN BEACH SUPPORTS THE
DEVELOPMENT CONTROL PROVIDED BY LAND USE CONTROL ORDINANCES.
IT IS THE POLICY OF THE TOWN TO PERIODICALLY REVIEW THESE
ORDINANCES TO ELIMINATE ANY SHORTCOMINGS WHICH LESSEN THEIR
EFFECTIVENESS.
63

Issue A-6. Is there management capability to insure the
wise use of the istand's resources?
This is a very sensitive question since it deals with people
and their performance. The management capability of the
Town is not confined to just the Town Board. While they.
shoulder the ultimate responsibility, full-time personnel,
advisory groups and the general populace all have responsi-
bility in this area. Considering all factors such as the
size of the community, its history, the tax rate and the
reason for incorporation, it is doubtful that Indian Beach
has the management capability to insure the wise use of the
island's resources.
Alternative Solutions - There are many alternatives
available. They range from the results of voting booth
action to the hiring of qualified personnel and consultants.
In between, there are less forceful actions which over a
longer period may provide the needed change. One possibility
is the formation of a Property Owners Association. The
Property Owners Association could be the needed stimulus to
improve management. Another possibility is to share resources
with other Bogue Banks communities. Problems facing Indian
Beach are not confined to just this Town. There are problems
facing all beach communities. If properly organized,
communities can benefit from joint management teams, building
inspection and many other services.
A-6 POLICY STATEMENT. IN THE FUTURE, INDIAN BEACH SHALL INVESTIGATE
THE ADVANTAGES FROM INTERGOVERNMENTAL COOPERATION AGREEMENTS
FOR ALL SERVICES.
Issue A-7. Does the community suffer from the unavailabitity
of flood insurance and fZoodpZain management techniques because
of non -designated flood hazards (FederaZ Emergency Management
Agency)?
Federal Flood Insurance is presently not available to property
owners in Indian Beach. First, FEMA must designate the
community as having flood hazards. Once designated, the
community must enroll in the program. If that enrollment
does not take place, then the community would not be afforded
direct federal grants and loans (FHA and VA) nor would
64

disaster assistance for permanent reconstruction be available
for flood prone areas of the community. With the insurance
available, the community has to adopt floodplain management
criteria to reduce potential loss of life and property.
What the community suffers in the short-term is the security
provided knowing flood insurance will reduce one's loss of
property. In the long-term, the community may be allowing
development which would have the effect of increasing the
damage and loss should a hurricane hit.
Alternative Solutions - Since the community is on a barrier
island, in all probability, it does have a flood hazard.
The community could probably enroll in the program without
the lengthy process of identifying hazards in a Flood Hazard
Boundary Map. This would afford a minimal amount of insurance
available before FEMA conducts further study.
Some would argue the wisdom of flood insurance because it is
a federal program utilizing tax dollars to lessen the risk
for people who build in hazardous places. However, as long
as disaster assistance is available and costing millions,
this program is the only preventive medicine available. It
is not likely in the foreseeable future that the demand for
waterfront property will wane.
A-7 POLICY STATEMENT. THE TOWN OF INDIAN BEACH SHALL CONTACT
THE FEDERAL EMERGENCY MANAGEMENT AGENCY ABOUT ENROLLING IN
THE NATIONAL FLOOD INSURANCE PROGRAM.
Issue A-8. Are the community's cuZturaZ resources being
managed?
There are several types of cultural resources: archaeological,
architectural and historical. Archaeological resources appear
to offer the greatest potential to present day Indian Beach.
A-8 POLICY STATEMENT. THE TOWN OF INDIAN BEACH RECOGNIZES THE
IMPORTANCE OF ITS ARCHAEOLOGICAL REMAINS, BOTH HISTORIC AND
PREHISTORIC. IT IS THE TOWN'S POLICY THAT ALL LAND DISTURBING
ACTIVITY SHALL GIVE DUE CONSIDERATION TO THE POTENTIAL EXISTENCE
OF ARCHAEOLOGICAL REMAINS. IF FOUND, THE TOWN WILL ENCOURAGE THE
PRESERVATION OF SUCH RESOURCES.
65

B. Resource Production
Resource production at Indian Beach acknowledges the relationship
between our natural environment and our man-made environment. Resource
production refers to the harvesting of marine resources in the waters
of Indian Beach and the intangible resources of the "beach" which
provides pleasure to so many. It is important that man's activities
are in harmony with the natural conditions.
Issue B-1. Does the Town recognize the value of
commercial and recreational (sport) fisheries to the
community, county, state and nation?
Conversations with permanent residents reveal that
while they are not knowledgeable about all the
biological intricacies, they are informed about
certain aspects. The value of recreational fisheries
and tourism as a result are more difficult to pin-
point. In 1979, the commercial value of marine
fisheries excluding menhaden and threat herring in
Carteret County equalled 47 million pounds and was
valued over 15 million dollars. Consequently,
fisheries resources is important to the municipality's
and county's economy.
Alternative Solutions - Whether it is considered a
problem or an opportunity, before one can capitalize -
on opportunities, one must recognize its full
potential.
B-1 POLICY STATEMENT. IT IS THE POLICY OF INDIAN BEACH
TO BE COGNIZANT OF THE VALUE OF COMMERCIAL AND
RECREATIONAL FISHERIES TO THE COMMUNITY, COUNTY,
STATE AND NATION. TO THIS END, THE TOWN WILL SOLICIT
THE PROGRAMS OFFERED TO THE COMMUNITY BY VARIOUS
INSTITUTIONS AND AGENCIES IN CARTERET.000NTY TO
KEEP THEM INFORMED ON THE VALUE OF THESE RESOURCES.

Issue B-2. What are the most productive areas? Where
are they Zocated? .
The most biologically productive area is the estuarine
system as noted in Section I. E. 1. e. Also, the public
trust waters of the ocean are biologically productive
but to a lesser extent. Equally important as a productive
area is the entire barrier island, which enables our
tourism and leisure time activities to flourish while
other sectors of the economy are less fortunate. Even
though tourism and leisure are less dependent on natural
resources, their successfulness is directly related to
the condition of the natural resources.
Alternative Solutions - Alternative solutions to preserving
the productivity of these resources involve governments
at all levels. At the local level, an awareness of the
importance of these resources initially may have more
influence than the most eloquent worded resolution. The
lack of interest on the part of municipal government is
just as much policy and direction to other governmental
entities as a well written ordinance.
B-2 POLICY STATEMENT. INDIAN BEACH IS WELL AWARE OF ITS
MARINE AND AESTHETIC RESOURCES. BECAUSE THE COMMUNITY IS
A SEASONAL HOST TO RESIDENTS OF OUR STATE AND OTHER STATES
BY NECESSITY, IT MUST BE DILIGENT AT EFFORTS TO MINIMIZE
ADVERSE IMPACTS ON THESE RESOURCES.
Issue B-3. How important is.access and the use of off -road
vehicZes in Indian Beach?
Section I. B. Present Population and Economy, describes the
seasonal economy particularly, the recreational (sport)
fisheries and tourism. While many fishermen utilize the
piers just as many enjoy surf fishing. Therefore, beach
access and associated off -road vehicle (ORV) use is an
attraction upon which Indian Beach depends. Nevertheless,
vehicular and pedestrian paths cause degradation to sand
dunes and vegetation and in certain cases are disruptive
to wildlife.
Alternative Solutions - Alternative solutions are:
ban off road vehicles and pedestrian crossings altogether;
designate specific accesses and construct walkovers and
parking areas and all-weather road bases; or do nothing.
67

B-3 POLICY STATEMENT. INDIAN BEACH RECOGNIZES ITS ATTRACTION
TO RECREATIONAL FISHERMEN BECAUSE OF ITS ACCOMMODATION FOR
BEACH USERS AND SURF FISHERMEN. HOWEVER, INDIAN BEACH HAS
ONE VEHICLE ACCESS ON BOGUE BANKS AND IT DOES NOT DESIRE
TO HAVE MORE OF THEM. INDIAN BEACH SHALL SUPPORT AND CONTINUE
TO COOPERATE WITH CARTERET COUNTY OFFICIALS IN THE "POLICING"
AND ADMINISTERING THE ONE PUBLIC VEHICLE ACCESS POINT.
Issue B-5. Hots can Indian Beach maintain its attractiveness
in the face of increasing leisure time activities? Is the
community's liveability being threatened?
These is no doubt that growth and development change
communities --sometimes for better, sometimes for worse.
Development in communities tends to be incremental --
one project at a time. If not considered carefully,
the cumulative effect can be drastic. Depending on one's
definition of liveability and perception of the community,
any change could threaten a community.
Indian Beach's attractiveness is its abundance of commercial
establishments, pier, and pier related businesses, avail-
ability of mobile homes sites, residential commercial fishermen
and self-reliant natives, and beach access. While these
characteristics are not attractive to everyone, they are
obviously attractive to those who have settled there.
Considering this fact, the only threat is the congestion
brought about by increasing numbers of people and the
pollution which results.
Alternative Solutions - If Indian Beach opted for a
"no -growth" policy, there probably wouldn't be the need
to do anything. This is very unlikely. We know that
the island will grow and develop. In fact, the community
wants this to occur. Consequently, our existing and
new regulations will by necessity require increased protection
to the natural systems which support our lifestyle.
Not only will we have to be concerned with the traditional
(i.e., building codes, water supply, sewer disposal, wetland
protection), but, also storm water runoff, compatibility,
intensity, and spacial arrangement of land uses, parking
space, and vehicular circulation patterns.

B-4 POLICY STATEMENT. THE TOWN OF INDIAN BEACH IS AWARE OF
ITS ATTRACTIVENESS AND THE REASONS BEHIND IT. THE TOWN
RECOGNIZES THAT WITH ANY GROWTH, ONE'S LIVEABILITY IS
THREATENED. IT SHALL BE A POLICY OF INDIAN BEACH TO
ELIMINATE THOSE ACTIVITIES WHICH DO NOT COMPLEMENT ITS
GOALS AND OBJECTIVES. FURTHERMORE, THE TOWN SHALL BEGIN
IN EARNEST TO REVIEW ITS EXISTING REGULATIONS TO PROTECT
THE ISLAND'S NATURAL SYSTEMS. NEW REGULATIONS WILL BE
REVIEWED TO PROVIDE PROTECTION OF HEALTH, SAFETY AND
WELFARE FOR PRESENT AND FUTURE GENERATIONS.
69

C. Economic and Community Development
The livelihood of the community's citizens determines much of
what kind of place it is and what future shape to expect. Before
there is a discussion of specific issues, there should be an under-
standing about the origin of the Town of Indian Beach.
Indian Beach was incorporated in 1973. The paramount reason
for incorporating appears to have been in order to provide
available land for the establishment of commercial land uses.
It.seems that neighboring communities --Emerald Isle and Pine Knoll
Shores --have restrictive covenants and local land use controls
which prohibited commercial property -except where it already
existed. Thus, the lack of commercial property and the
defining of rented mobile homes as a commercial use effectively
prohibited the placement of mobile homes on much of the barrier
island. With the increasing demand for commercial services and
the possibility of annexation by Emerald Isle, Indian Beach
became a reality.
It should be pointed out that while it is referred to as
commercial land uses, the major activity of renting and leasing of
mobile homes is residential in use. In actuality, the renting or
leasing of a mobile home does not constitute commercial enterprise
for land use purposes. According to various North Carolina court
cases, mobile homes are considered single family dwellings.
Industrial development is not permitted since the Zoning
Ordinance does not contain an appropriate district. Even if it did,
it is highly unlikely to occur in view of the cost of land.
Issue C-1. How much growth and development does the Town
desire?
According to the 1976 Land Development Plan, when
citizens were questione"Would you like to see
Indian Beach remain much the same as it is now?"--
70

118 said yes while only 24 said no. In conversations
with the same residents today, it seems that they share
the same feelings as in 1976. Yet, by all indications,
the island and the Town continue to develop at full
speed.
Probably more important is the question, "How much
development can the Town of Indian Beach withstand?
This is a difficult and complex question because there
appears to be no authority on "carrying capacity."
"Carrying capacity means the ability of natural and
man-made systems to support the demands of various uses
and that it refers to inherent limits in the system
beyond which change cannot be absorbed without producing
instability, degradation or irreversible damage."
The most difficult task is to determine the relation-
ship between the resources and the waste loads which
can be absorbed in advance.* That would require the
capability beyond the scope of this land use plan.
However, we can observe and monitor indicators of
environmental degradation. One such indicator might
be the closure of shellfish waters along our sounds
and creeks.
Alternative Solutions - There are two basic alternatives.
One alternative is to do nothing. A second alternative
is to provide the basic services in which an urban set-
ting demands. In between is an option which doesn't
eliminate the problem but is in keeping with the resources
at hand. This option involves the planning for municipal
services to support present and future generations. This
would include the revising and adopting of new land use
controls which are designed to protect the natural re-
sources system upon which the island is so dependent.
C-1 POLICY STATEMENT. THE TOWN OF INDIAN BEACH SUPPORTS
THE CONTINUED GROWTH AND DEVELOPMENT OF THE COMMUNITY.
HOWEVER, THE TOWN RECOGNIZES ITS ROLE AND RESPONSIBILITY.
* Journal of Soil and Water Conservation, "Carrying Capacity:
A Key to Environmental Planning? Ju y-August 1975, David
R. Godschalk and Francis H. Parker
71

TO PROTECT THE PUBLIC HEALTH, WELFARE AND SAFETY. CONSE-
QUENTLY, THE TOWN IS COMMITTED TO THE PROVISION OF BASIC
MUNICIPAL SERVICES. TO THIS END, THE TOWN SHALL CONSIDER
AS AN INTERIM POLICY THE FEASIBILITY OF ALTERNATIVE WASTE
DISPOSAL MEANS AND THE REVISION OF LAND USE CONTROLS WHICH
WILL PROTECT THE NATURAL RESOURCES.
Issue C-2. What type of commercial uses are desired?
Commercial activities are important in defining the type of
community. Obviously, there is quite a difference between
family -oriented billard halls and the.traditional poolroom/
tavern. Furthermore, these two examples attract different
clientele. Motels and boarding houses tend to attract more
overnight guests than beach cottages and condominiums.
Indian Beach is noted for its excellent fishing. Restaurants
and marine accessory or related activities compliment the
existing tourist/fishing visitor. Other possibilities are
sail and power boat rentals, marine gift shops, and
laundry facilities that are water dependent or related.
Alternative Solutions - Alternative solutions differ only
in the degree of commitment to solving the problem. Beyond
just recognizing the issue that commercial activities have
a lot to do with the type of people and activities that
the community attracts, Indian Beach can modify its permitted
and conditional uses in the commercial zoning districts to
reflect the preferred activities.
C-2 POLICY STATEMENT. INDIAN BEACH RECOGNIZES THE LINK BETWEEN
PERMITTED COMMERCIAL ACTIVITIES AND THE FUTURE TYPE OF COMMUNITY
RESULTING THEREIN. INDIAN BEACH SHALL REVIEW VERY CRITICALLY
ITS PERMITTED AND CONDITIONAL USES OF THE COMMERCIAL ZONING
DISTRICTS. IT IS THE POLICY OF INDIAN BEACH TO ENCOURAGE
AND PERMIT ONLY THOSE COMMERCIAL ACTIVITIES WHICH COMPLIMENT
A FAMILY VACATION RESORT COMMUNITY.
Issue C-3. Where shouZd growth and deveZopment occur?
Indian Beach is a small community within which a limited amount
of new.growth can occur. We have seen from the section on
72

Constraints that there are a number of limiting factors:
soils; natural systems, i.e., dunes, estuarine waters,
maritime forest; limited facilities and little growth
management capability. Consequently, the question is not
so much where growth and development occur but should it
occur with all the limiting factors at work.
Alternative Solutions - This issue as in many cases becomes
one of economics. Indian Beach would have less worry if all
basic municipal services were in operation. Since that is
not the case, then there are two options: a non -growth
policy or an interim policy until the basic services and
facilities are available. The latter is possible only if
private development shares in providing those services and
facilities. For instance, it may be possible to have several
packaged wastewater treatment and disposal plants rather than
the traditional, one -large municipal system. To enable the
development of these "new" systems, the Town will have to
give careful consideration to the existing development pattern
and the resulting high densities. Higher densities make the
packaged plants economically feasible.
C-3 POLICY STATEMENT. IT IS THE OBJECTIVE OF INDIAN BEACH TO
PROVIDE THE BASIC MUNICIPAL SERVICES REQUIRED OF AN URBAN
DEVELOPMENT PATTERN. UNTIL SUCH TIME THAT PUBLIC WASTEWATER
TREATMENT AND DISPOSAL ARE AVAILABLE, INDIAN BEACH SHALL
VIGOROUSLY ENFORCE PLANNING AND DEVELOPMENT STANDARDS REQUIRED
OF LOCAL, STATE AND FEDERAL AGENCIES. ALSO, INDIAN BEACH
SHALL REVIEW ITS LAND USE CONTROLS TO DETERMINE THEIR
CONSISTENCY WITH CAMA AND OTHER REGULATORY PROGRAMS. FURTHERMORE,
INDIAN BEACH SHALL RECONSIDER THEIR DENSITY STANDARDS (ZONING -
LOT SIZE) AND THE EFFECT THAT THEY PLAY ON THE AVAILABILITY
OF PRIVATE PACKAGED WASTEWATER TREATMENT AND DISPOSAL PLANTS.
Issue C--4. Since mobile homes are the least permanent structures,
what effect will increasing land value have on them?
We have noted that mobile homes are classified as personal
property under North Carolina tax law. From the community's
viewpoint, this is unfortunate because personal property
declines in value each year. Therefore, the community would
receive less tax revenue each year. While the mobile home
is decreasing in value, the land that it occupies is increas-
ing in value. This is evident by the recent (1981) Carteret
County reevaluation. As a consequence, mobile homes in
years to come may not provide the return on investment as
the land increases in value. Present undeveloped land is
just too expensive to locate mobile homes on.
It is not clear that increasing land value is necessarily
73

a problem. However, it does pose a dilemma to mobile home
park operators and owners. Investments in facilities made
by the owners and operators for mobile homes may not be
suitable for other more permanent type residential land use.
As a result, the mobile home park owners and operators
or the Town.can be proactive and determine what is best for
the community as a whole.
C-4 POLICY STATEMENT. THE TOWN OF INDIAN BEACH RECOGNIZES THAT
MOBILE HOMES ARE NOT ONLY VULNERABLE TO NATURAL FORCES BUT
ECONOMIC FORCES AS WELL. THUS, THE TOWN CONSIDERS MOBILE
HOMES AS AN INTERIM TYPE LAND USE ACTIVITY AND THAT FUTURE
PLANS WHICH INVOLVE THE TOWN WILL TAKE THIS INTO ACCOUNT.
Issue C-5. To what extent is the local government committed
to providing services?
Local government in a nutshell is founded to provide services
that private interests are unwilling to provide. Their motive
is to provide services at a reasonable cost. Like all
businesses, it costs money to operate and generally a limited
amount of revenue is. available. Local government through the
democratic process has to detrmine its own priorities of
-service.
Alternative Solutions - There are three basic levels of
commitment as described as follows. First, plans and studies
some of which cost money to the Town represents one level of
commitment. Adopted policies and the will to carry them out
are another. The strongest commitment that the Town can have
is to levy a tax to provide a facility or service.
C-5 POLICY STATEMENT. THE TOWN OF INDIAN BEACH IS COMMITTED TO
PROVIDING BASIC SERVICES AS DEMANDED BY AN URBAN DEVELOPMENT
PATTERN. THE TOWN SHALL CONTINUE TO INVESTIGATE THE COST
EFFECTIVE ALTERNATIVES TO PROVIDING THESE SERVICES.
Issue C-6. What is Indian Beach's ability to provide the
services and facilities? What effect does personal property
vs. real property have in terms of ability to pay?
Indian Beach was incorporated in 1973. As recently as 1978,
74

Indian Beach was considered an inactive community because it
did not perform those municipal functions necessary to qualify
for State Street - Aid Allocation. In 1979, the Town's total
valuation amounted to 6.6 million dollars. Combined with a
25� tax levy, this contributed $16,617 revenue to the general
fund.
As noted earlier, Indian Beach is primarily a residential
resort community with a preponderance of mobile homes.
Mobile homes are classified as personal property which
decline in value.
Alternative Solutions - There does not appear to be any short
term solution. In the long term, the community can either
disregard these basic facts of local government financing or
they can be given due consideration in the course of evaluating
future development decisions which impact the entire community.
C-6 POLICY STATEMENT. INDIAN BEACH RECOGNIZES ITS CONSTRAINTS
TO PROVIDING SERVICES. IT SHALL BE THE POLICY OF INDIAN BEACH
TO ENCOURAGE A VARIETY OF PERMANENT RESIDENTIAL AND COMMERCIAL
STRUCTURES TO LOCATE WITHIN THE TOWN'S BOUNDARIES..
Issue C-7. How committed is Indian Beach to various State
and Federal programs such as flood disaster assistance, erosion
control and beach nourishment, pubZic access, dredging,
channeZ maintenance and waste water control?
With the exception of public access, all require large outlays
of public money generally only available from Federal and State
governments. Unless the local government can provide the
funding, its only recourse is to prevent a situation from
occurring which would result in the need to spend large sums
of money. Obviously, natural events cannot be prevented.
Steps can be taken to limit damage in the event of a disaster.
Alternative Solutions - As was noted earlier, there are
several levels of commitment. To date, Indian Beach has
participated in wastewater control planning (201) and has
cooperated with Carteret County in public access.
75

C-7 POLICY STATEMENT. CONSIDERING ALL THE NEEDS OF INDIAN
BEACH, THE LIMITED RESOURCES AVAILABLE AND THE LONG-TERM
IMPACT, WASTEWATER CONTROL HAS TO BE A TOP PRIORITY FOR
FUNDING. OTHER PROGRAMS CAN BE INITIATED WHICH ARE NOT
CAPITAL INTENSIVE AND CAN BE IMPLEMENTED WITH THE FOLLOWING
INDIAN BEACH POLICIES ON FEDERAL AND STATE ASSISTANCE.
FLOOD INSURANCE. INDIAN BEACH SHALL FORMALLY REQUEST FROM
! THE ODE L EMERGENCY MANAGEMENT AGENCY, THE DETERMINA-
TION OF THE DEGREE OF FLOOD HAZARD TO THE COMMUNITY
IN THE EVENT OF A 100 YEAR STORM.
EROSION CONTROL AND BEACH NOURISHMENT. INDIAN BEACH SHALL
IMPLEMENT HE MINOR PERMIT PR CEDURES OF THE COASTAL
AREA MANAGEMENT ACT AND THE DEVELOPMENT STANDARDS
REQUIRED IN AREAS OF ENVIRONMENTAL CONCERN. THIS
WILL REDUCE THE NEED FOR EROSION CONTROL AND BEACH
NOURISHMENT.
PUBLIC ACCESS. INDIAN BEACH SHALL SUPPORT THE PUBLIC'S
RIGHT TO ACCESS AT DESIGNATED POINTS.
DREDGING AND CHANNEL MAINTENANCE. INDIAN BEACH RECOGNIZES
HE NEED FOR PERIODIC MAINTENANCE DREDGING. THIS
COST SHALL BE BORNE BY THE PRIVATE INTEREST WHICH IT
SERVES.
WASTEWATER CONTROL. INDIAN BEACH REALIZES THE IMPORTANCE
AND PRIORITY OF THIS FEDERAL AND STATE ASSISTED PROGRAM.
INDIAN BEACH SHALL WORK DILIGENTLY TO FULFILL THIS
NEED AS COST EFFECTIVE AS POSSIBLE.
Issue C-8. What is the community's reaction to finger
canaZ development?
Finger canal development increases the number of waterfront
lots. They also destroy natural habitat for wildlife and
marine organisms. They reduce the area which buffers the
island in storm conditions and increase the chance of
overwash. They lessen the natural physiological capacity
of wetlands to assimilate waste attributed to runoff.
They eventually need to be maintained which often times
is overlooked by both the developer and property owner.
Alternative Solutions - They are really only two alterna-
tives available. Either they are permitted or prohibited.
75

C-8 POLICY STATEMENT. IT IS THE POLICY OF INDIAN BEACH TO
PROHIBIT THE CONSTRUCTION OF ANY NEW FINGER CANAL DEVELOPMENTS.
Issue C-9. Horn does the eonmrunity regard energy facility
siting such as nueZear poser pZants, oiZ refineries and
oiZ transportation facilities?
Owing to geography, it is very doubtful Indian Beach or
Bogue Banks for that matter would be the site for a nuclear
power plant or oil refinery. It is conceivable that Indian
Beach could be in the right -a -way path for energy products
transmission lines such as oil or gas pipelines. These
facilities can be very disruptive to a residential beach
community.
Alternative Solutions - The general welfare and public interest
of the nation, state and community require that a reliable
source of energy be made available to its citizens. However,
unwise development of energy facilities can have an adverse
effect upon the local community. Thus, there are two very
strong interests to be served. Any solution would have to
entail a balance between the public benefits of energy
development and protection of our valuable coastal resources.
C-9 POLICY STATEMENT. APPLICANTS FOR ENERGY FACILITY SITING
IN INDIAN BEACH SHALL DISCLOSE TO THE TOWN ALL COSTS AND
BENEFITS (ECONOMIC, SOCIAL, ENVIRONMENTAL) ASSOCIATED WITH
THE PROJECT. SHORELINE SITING OF FACILITIES WILL BE
ACCEPTABLE ONLY IF IT CAN BE DEMONSTRATED THAT COASTAL
WATERS WILL BE ADEQUATELY PROTECTED, THE PUBLIC'S RIGHT
TO ACCESS WILL NOT BE UNREASONABLY RESTRICTED AND ALL
REASONABLE MITIGATING MEASURES HAVE BEEN TAKEN TO MINIMIZE
IMPACTS TO AECs.
77

D. Public Participation
Public participation is more than a worthy goal. Public
participation insures that the best decision will be made by first,
informing the public --and then, soliciting their involvement. The
right for public participation is mandated to a limited extent in
the state's open meetings law. Public participation should be pur-
sued not only in land use planning but in all local government
decision making.
This Land Use Plan for Indian Beach was developed with the
benefit of two participatory techniques --a survey/questionnaire and
advertised public meetings. The survey was conducted several years
ago. In view of the size of Indian Beach (1980 population - 54, and
1979 budget - $16,617) and the average return rate for surveys, it
was decided that the advertised public hearing would be the best
method. The results of the earlier survey and a current discussion
of issues were the agenda for the advertised public meeting. Approxi-
mately 25 percent of the Town Is permanent residents were in attendance.
This public meeting took place on February 3, 1981. Response
from that meeting was incorporated into the draft land use plan.
Another public meeting was held August 12, 1981, to discuss the pre-
liminary draft of the Indian Beach Land Use Plan. Members of the Town
Board of Commissioners and interested citizens and property owners
asked many questions and suggested several changes. Subsequent to that
meeting, the Mayor and the Planner -in -Charge drafted revisions to the
preliminary draft. The preliminary draft with revisions was submitted
to the Coastal Resources Commission on September 29, 1981.
Comments from the Coastal Resources Commission on the pre-
liminary draft were received December 18, 1981. Corrections, suggest-
ions and revisions were incorporated into a revised draft dated March
1982. A public hearing was advertised March 24, 1982, and held by the
Town on April 21, 1982. Comments were received and made a part of the
Land Use Plan as an addendum. Another public hearing was advertised
May 5, 1982, and held on June 9, 1982.
78

Issue D-1. How can Indian Beach best educate the
public of the issues?
The better informed the community, the more likely
that there will be better decisions. The task is
not easy in a beach community because of absentee
property owners.
78A

Alternative Solutions - Beside the traditional
questionnaire surveys and plan summaries, the
community could benefit from an active property
owners association and/or planning board. These
organizations could meet on weekend holidays
semi-annually to discuss important issues in the
community.
D-1 POLICY STATEMENT. INDIAN BEACH SHALL APPOINT ACTIVE
COMMUNITY MINDED CITIZENS TO ITS ADVISORY BOARDS SUCH
AS THE PLANNING BOARD. THE TOWN WILL ALSO ENCOURAGE
THE FORMATION OF A PROPERTY OWNERS ASSOCIATION.
Issue D-2. How can Indian Beach soZicit the individuaZ's
invoZvement?
Unless an issue affects an individual, they are not
likely to become involved.
Alternative Solutions - Traditionally, advertisements, night
meetings and spot announcements on the electronic media
have been utilized to solicit involvement. These efforts
along with a better description of problems confronting
the community could increase attendance at public informa-
tional meetings.
D-2 POLICY STATEMENT. INDIAN BEACH RECOGNIZES THE BENEFITS -
DERIVED FROM AN INFORMED POPULACE. INDIAN BEACH SHALL
SPONSOR MEETINGS (OTHER THAN REGULARLY SCHEDULED MEETINGS)
TO SOLICIT CITIZENS' OPINIONS ON ISSUES. THESE MEETINGS
WILL BE GIVEN ADVANCED NOTICE.
Issue D-3. How can Indian Beach have pubZic participation
on a continuing basis?
A lot depends on the officials' attitude toward public
participation. If the Town welcomes and even encourages
public participation, it will most likely increase.
D-3 POLICY STATEMENT. IT IS THE POLICY OF INDIAN BEACH TO
WELCOME AND SOLICIT THE PUBLIC'S INVOLVEMENT IN REGARD
TO THE TOWN'S BUSINESS ON A CONTINUING BASIS.
7.9

III. LAND CLASSIFICATION
The land classification system provides a framework to be used by
local government to identify the future use of all lands in their
jurisdiction. The designation of land classes allows the local
government to illustrate their policy statements adopted in Section II.
This illustration describes where and to what density (intensity)
Indian Beach wants growth to occur and where they want to conserve
natural and cultural resources by guiding growth. Although specific
areas are outlined on the Land Classification Map, it must be
remembered that land classification is a tool to help implement
policies and'since it requires local government and Coastal Resources
Commission's approval for amendments, it has the effect of a regulatory
mechanism. It also provides guidance to regulatory agencies for permit
issuance. The Land Classification System includes five broad categories.
Local governments can further subdivide these broad classes into more
specific classes if they desire to do so. The five classes are:
Developed, Transition, Community, Rural and Conservation. For Indian
Beach only three classes: Developed, Transition, and Conservation
are applicable.
Developed. The purpose of this classification is to provide
for continued intensive development and redevelopment of
existing cities. Developed is defined as lands currently
developed for urban purposes at or approaching a density of
500 dwellings per square mile that are provided with usual
municipal or public services including at least public water
and sewer, recreational facilities, police and fire protection.
Areas which exceed the minimum density but do not have public
sewer services may be divided into a separate class. Indian
Beach meets the density requirement easily, however, the Town
only provides police protection. Water service is provided by
Bogue Banks Water and Sewer Authority.
Transition. The purpose of the transition class is to provide
for future intensive urban development within the ensuing ten
years on lands that are most suitable and that will be scheduled
for provision of necessary public utilities and services.
Lands classified transition may include: (1) lands currently
having urban services, and (2) other lands necessary to accommodate
the urban population and growth anticipated within the planning
M

jurisdiction.
The existing development in Indian Beach does not qualify for the
Developed class and it does not exactly fit the Transition class
definition either. Then by necessity, it must be somewhere in
between. For our purposes, we will designate this land as Developed
without Services (D w/o Ser.).
Conservation. The purpose of the Conservation class is to
provide for effective long-term management of significantly
limited or irreplaceable areas. This management may be
needed because of its natural, cultural, recreational, produc-
tive or scenic values. The Conservation class should be applied
to lands that contain: major wetlands; essentially undeveloped
shorelands that are unique, fragile or hazardous for development;
necessary wildlife habitat or areas that have a high probability
for providing necessary habitat conditions; publicly owned water
supply, watersheds and aquifers; and forest lands that are
.undeveloped and will remain undeveloped for commercial purposes.
In Indian Beach, all applicable Areas of Environmental Con-
cern (AECs) are designated or are intended to be designated as
Conservation. This would include the Ocean Hazard System AECs
and Estuarine System AECs.
LAND CLASSIFICATION: RELATIONSHIP TO POLICIES AND APPROPRIATE USES
Conservation (C)
It is the intent of this Land Use Plan that those lands designated
as AECs (15 NCAC 7H) should be designated as Conservation for land classi-
fication purposes. This does not preclude development. It does require
that uses of land must meet the performance criteria and standards required
of the applicable AEC. Moreover, some AEC performance criteria and
standards are more strigent than others. For example, the Estuarine
Shoreline AEC standards permit single family residential uses whereas
the Coastal Wetlands or Public Trust areas would not.
However, there is one exception to this Conservation classification
and AEC designation which does not appear on either map. There may be
an instance where an on -site inspection would reveal the need for a U.S.
Army Corps of Engineers' wetland permit (404) which would be beyond the
AEC jurisdiction. Since these areas are very site specific, they are not
designated as conservation. Appropriate development standards of the
U.S. Corps of Engineers would be applicable.
Acceptable uses of land in Conservation will vary depending upon
the particular AEC represented. See Appendix II. It should be emphasized
that Coastal Wetlands and Public Trust Areas would support water dependent
uses meeting applicable AEC standards as docks and piers. Whereas,
the Estuarine Shoreline Areas and Ocean Erodible Areas would support
single family structures meeting applicable AEC standards.
81

Developed without Services (Dev. w/o Ser.)
It is the intent of the Indian Beach Land Use Plan that those high -
ground areas beyond AECs that are already disturbed or occupied with
structures be classified as Dev. w/o Ser. Dev. w/o Ser. is a variation
of the Developed category which recognizes the limited services provided
by the municipality. Water is available from the Bogue Banks Water and
Sewer Corporation. Community sewer service is not available from either
the. Town or the Corporation. The lack of a municipal treatment plant
and collection system does not automatically mean existing widespread
pollution problems for Indian Beach. Much depends on the carrying
capacity of the natural system, monitoring by the Town on the installation
of septic tanks, periodic maintenance of homeowners with septic tanks
and density permitted. The Town must be dilligent in its effort and
not take lightly the indicator of pollution (closing of shellfish waters).
This is reflected in the Town's policies Section II.
11 Also, this category covers land rated as having very severe soil
limitation. This rating is based upon soil characteristics which exist
in the soil's natural state. As noted on pages 1g through 26, soil
characteristics can be modified. The modification for various uses
makes it more expensive to develop. In resort areas such as Indian Beach
with skyrocketing property cost, this added cost is not prohibitive.
Finally, soils are but one limiting factor and as an individual factor
do not constitute "severe physical limitations for urban development".
Appropriate uses of land in this category are identified in the
land use control ordinances (Zoning, Subdivision Regulations and Mobile
Home Ordinance), already adopted by the Town. Generally, a variety of
residential, commercial, institutional and recreation uses are permitted.
As stated earlier in the discussion above and in Section II, Policies
A-1, A-2, A-3, A-4, A-5, A-6, B-2, B-4, C-1, C-2, C-3, C-4, C-5, C-6,
C-7 and C-8, the Town seeks to improve its own situation.
Transition'(T)
The Transition category is all those lands not designated as Conserva-
tion or Developed without Services. Essentially, Transition areas are the
highground areas which are presently undisturbed, but due to anticipated
development in the next twenty years, these areas are logical areas for
development and for the provision of services.
Some of the area designated as Transition contains soils having
severe soil limitation. Please see previous discussion under Developed
without Services.There is also a considerable amount of Transition area
which contains maritime forest. Maritime forest is not an AEC but is
worthy of protection and conservation practices. See discussion on page
51 and Policy A-3 on page 61•
82

Appropriate uses of land in this category are identified in the land
use control ordinances (zoning, subdivision regulation, and mobile home
ordinance) already adopted by the Town. Generally, a variety of residential,
commercial, institutional and recreational uses are permitted.
The Town must balance the aspirations and needs of its citizens with
the constraints, limitations and resources available to the community. The
Policies set forth in Section II is an attempt to balance all these factors.
RE

,1
t
1
1
1
1
11
1
It
, 1
t
1
i 1
' 1
' t
1
1
_l / Salter path
, — 1
1� 1
f 1
1
N
TOWN OF INOIAN BEACH
CARTERET COUNTY, NORTH CAROLINA
TOWN LICIT BOLUDARY
SCALE 1` • ) 520'
It tl LAND CLASSIFICATION MAP (Not to Scale)
1 Developed without Services
1 t
`— (Dev. w/o Ser)
1 t /
1 1L_s Transition (T)
1 _ �
Conservation (C) (On Dry Land)
Note: Conservation consists of the five applicable AECs in Indian Beach.
These are (1) Coastal Wetlands which are marsh subject to flooding from
both winds and tides; stuarine Waters which are all the waters in
Bogue Sound; (3) Public Trust Areas which are all the waters in the
Atlantic (Mean High Water to seaward limit of state jurisdiction - 3
miles); (4) Estuarine Shoreline which is dry land measured 75' landward
from the MeanHigh Water along Bogue Sound; and (5) Ocean Erodible
Area which is measured 110' landward from the first line of stable
vegetation along the ocean front plus the distance between the stable,
vegetation and the Mean Low Water.

A P P E N D I X A
Five Applicable AECs in
Indian Beach (15 NCAC 7H)

NR&CD - COASTAL MANAGENUT Tt'St 07H .0200
Eff. September 9, 1977. 207
.0204 LECs MHIE THE ESTUARINE SYSTEM 209
The following regulations in this Section define each AEC 211
within_ the estuarine systen, describe its significance, 212
articulate the policies regarding development, and state the
standards for 4evelopment within each AEC. 213
History Note Statutory Authority G.S. 113A-107 (a) ; 216
113A-107 (b) 217
Eff. September 9, 1977. 216
1. .0205 COASTAL WETLANDS 220
la) Descr p on.-- Coastal wetlands are defined as any salt 222
marsh or other marsh sgbject to regular or occasional flooding by 223
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.
goastal wetlands contain some, but not necessarily ail, of the 226
following marsh, plant §pecies: 227
(1) Cord Grass (Spartina alterniflora) , 229
(2) Black Needlerush (Juncas roemerianus), 230
(3) Glassvort (Salicornia spp.) , 231
(4) Salt Grass (Distichlis spicata) , 232
(5) Sea Lavender (Limonium spp.), 233
(6) Bulrush (Scirpus spp-),, 234
(7) Saw Grass (Cladiva jamaicense) , 235
(8) Cat -tail (Typha spp.), 236
(9) Salt Meadow Grass (Spartina patens) , 237
(10) Salt Reed Grass (Spartina cynosuroides(. 236
Included in this definition of coastal wetlands is *such 240
contiguous land as the Secretary of JRSCD reasonably deems 241
necessary to affect by any such order, in carrying out the
purposes of this §action. [ G. S. 113-230 (a) ] 242
1b) Significance. The unique productivity of the estuarine 243
system is supported by detritus ,(decayed plant material) and 244
nutrients that are exported frog the coastal marshlands. The
.gmount of exportation and degree of importance appears to be 245
variable from marsh to marsh, depending primarily upon its 246
frequency of inundation and inherent characteristics of the
various Plant species. Without the marsh, the high productivity 247,
levels and complex food chains typically found in the estuaries 249
could not be maintained. '
jjan harvests various aspects of this productivity when he 249
fishes, bunts, and gathers shellfish froa the estuary. Estuarine 250
dependent species of fish and shellfish such as menhaden, shrimp,
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flounder, oysters, and crabs currently sake up over 90 percent of 251
the total value of North garolina°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 Ind wildlife feeding and nesting 256
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 gave action, while the vast 258
network of roots and rhizomes resists soil erosion. In fhis way, 259
the coastal wetlands serve as barriers against flood damage and
control erosion between Jhe estuary and the uplands. 260
marshlands also act as nutrient and sediment traps by slowing 262
the water which floes over then and causing suspended organic and 263
inorganic particles to settle oat. In this manner, the nutrient 264
storehouse is maintained, and sediment harmful to marine
organisms is removed. Also, pollutants and excessive 'nutrients 265
are absorbed by the marsh plants, thus providing an _inexpensive 266
water treatment service.
lc) !Management objective. To give highest 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 coordinate 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
,jd) Use Standards. Suitable land uses shall be those 273
consistent with the management objective fn 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 gctivities that 276
require water access and cannot function elsewhere.
Qnacceptable land uses may include, but would not be limited 277
to, the following examples: restaurants and businesses; 278
residences, apartments, motels, hotels, and trailer parks;
parking lots and private roads and highways; and factories. 279
Examples of acceptable land uses may include Itility easements, 280
fishing piers, docks, and agricultural uses, such as farming and
forestry 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 Rote: Statutory Authority G.S. 113A-107 (a) ; 287
113A-107 (b) ; 113A-113 (b) (1) ; 288
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Eff. September 9, 1977; 289
Amended Eff. January 24, 1978. , 290
2 , .0206 ESTQIRTNit 91TERS 292
Sa) Description. Estuarine waters are defined in G.S. 113b- 294
113 (b) (2) as Nall the rater of the Jtlantic Ocean within the 295
boundary of north Carolina and all the waters of the bays,
sounds, rivers, and tributaries thereto seaward of the dividing 296
line between coastal fishing waters and inland fishing waters, as 297
set forth in an agreement adopted by the Vildlife Resources
Commission and the Department of natural Resources and Community 298
Development filed with the Secretary of State, entitled 'Boundary 299
Lines, North Carolina Commercial Fishing -- Inland Fishing 300
haters,' Revised to !larch 1, 1065.0
1b) Significance. Estuarine waters are the dominant component 302
and bonding element of the entire estuarine system, integrating 303
aquatic influences from both the land and the sea. Estuaries Ire 304
among the most productive natural environments of North Carolina..
They support the valuable commercial and sports fisheries of the 305
coastal area which are comprised of estuarine dependent species 306
such as menhaden, flounder, shrimp, crabs, and oysters. These
species must. spend all or some part of their life cycle within 307
the estuarine raters to mature and reproduce. of the 10 leading 308
species 'in the commercial catch, all but one are dependent on the
estuary.
This high productivity associated with the estuary results from 310
its unique circulation patterns gaused by tidal energy, fresh 311
water flow, an3 shallow depth; nutrient trapping mechanisms; and 312
protection to the many organisms. The circulation of estuarine
waters transports nutrients, propels 'plankton, spreads seed 313
stages of fish and shellfish, flushes wastes from animal and
plant life, cleanses the system of pollutants, controls salinity, 314
shifts sediments, and mikes the water to create a multitude of 315
habitats. Some important features of the estuary include mud and
sand flats, eel grass beds, salt marshes, submerged vegetation 316
flats, clam and oyster beds, and important nursery areas. 317
Secondary benefits include the stipulation of the coastal 319
economy from the spin' off operations required to service 320
commercial and sports fisheries, waterfowl hunting, marinas,
boatyards, repairs and supplies, processing operations, and 321
tourist related industries. In addition, there is considerable 322
nonmonetary value associated with aesthetics, recreation, and
education.
jc) Management objective. To give the highest priority to the 324
conservation and management of the important features of 325
estuarine miters so as to safeguard and perpetuate their
biological, locial, aesthetic, and economic values; to coordinate 326
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and establish a management system ca ggable Qf conserving and 327
utilizing estuarine waters so as to saxinize their benefits to
man and the istuarine system, . 328
1d) use Standards. Suitable land/water uses shall be those 329
consisignt with the management 2bjectives in this Rule. Highest 330
priority of use shall be allocated to the conservation of
estuarine waters and its vital components. Second priority of 331.
estuarine seaters use shall be given to those types of development 332
activities that require water access and use which cannot
function elsewhere such .as simple access channels; structures to 333
prevent erosion; navigation channels; 1)oat docks, marinas, piers, 334
wharfs, and mooring pilings.
.In every instance., the particular location, use, and design 335
characteristics shall be in Accord with the general age standards 336
for coastal wetlands, estuarine waters, and public trust areas 337
described in Regulation .0208 of this Section. `
History Rote: Statutory Authority G.S. 1131-107 (a); 340
113A-107 (b) ; 1131-113 (b) (2) ; 341
Eff. September 9, 1977; 342
Amended Eff. January 24, 1978. 343
• -.0207 EPU_Bu�CTRUST AREAS - 345
Sa) Description. Public trust areas are all raters of the 347
Atlantic ocean and the lands thereunder from the mean high water 348
mark to the seaward limit of state jurisdiction; all natural
bodies of Water subject to measurable lunar tides and lands 349
thereunder to the mean high water mark; all navigable natural 350
bodies of water and lands thereunder to the mean high water level
Sr mean water level as the case may be, except privately -owned 351
lakes to which the public has no right of access; all water in 352
artificially created bodies of water containing significant
public fishing resources or other public resources which are 353
accessible to the public by navigation from bodies of water in 354
which the public has rights of navigation; and all waters in 355
artificially created bodies of water in which the public has
acquired rights by prescription, custom, usage, dedication, or 356
any other means. In determining whether the public has acquired
rights in artificially created bodies of rater, the following 357
factors shall be considered:
(1) the use of the body of water by the public, 359
(2) the length of tine the pablic has used the area, 360
(3) the value of public resources in the body of water, 361
S4) whether the public resources in the body of water are 363
mobile to the extent that they can move into natural 364
bodies of water,
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15) whether the creation of the artificial body of dater 365
required permission from the state, and 366
,J6) the value of the body of water to the public for 367
navigation from one public area to Pnother public area. 368
Sb) Significance. The public has rights in these areas, 370
including navigation and recreation. _Tn addition, these, areas 371
-support
valuable commercial and sports fisheries, have aesthetic
value, Ind are important resources for economic development. 372
jc) Management objective. To 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,
econaaic and aesthetic value. 375
sd) Use Standards. Acceptable uses shall be those consistent 376
with the management objectives is 1c) of this Rule. in the 377
absence of overriding public benefit, any use which significantly
interferes yith 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
or drainage ditches, the use of bulkheads to prevent erosion, and 380
the building of piers, wharfs, or marinas are examples of uses 381
that may be acceptable within public trust areas, provided that
,§uch uses will not be detrimental to the public trust rights and 382
.the biological and physical functions of the estuary. Projects 383
.whic'h could directly or indirectly block or impair existing 384
navigation channels, increase shoreline erosion, deposit spoils
below mean high tide, cause adverse water circulation patterns, 385
violate water quality standards, or cause degradation of 386
shellfish waters are generally considered incompatible with the
management policies of public trust areas. In every instance, 387
the particular location, use, and design characteristics shall be 388
in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas. 389
History Note: Statutory Authority G.S. 113A-107 (a); 392
113A-107 (b) ; 113A-113 (b) (5) ; 393
Ef€. September 9, 1977. 394
.0208 USE STANDARDS 396
(a) General Use Standards 397
11) Uses which are not water dependent will not be 399
permitted in coastal wetlands, estuarine waters, and 400
public trust eaters. Restaurants, residences,
apartments, motels, hotels, trailer parks, private 401
roads, factories, and parking lots are examples of uses
that re not hater dependent.. Uses that are water 402
dependent may include: utility easements; docks; 403
wharfs; boat ramps; dredging; bridges and bridge
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approaches; revetments, bulkheads; pulverts; groins; 404
navigational aids; mooring pilings; navigational
channels; simple Iccess channels and drainage ditches. 405
12), Before being granted a permit by the CRC or local 406
pernitt�ng authority, there shall be a finding that the 407
applicant has complied with the following standards:
SA) The location, design, and need for development, as 409
well as the construction §ctivities involved must 410
be consistent with the stated management
objective.
jB) Before receiving approval for location of a use ' or 411
development within these ABCs, &he permit -letting 412
authority shall find that no suitable alternative
site or location outside of the -ABC exists for the 413
use or development and, 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 of 415
coastal marshland, shellfish beds, submerged grass
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) .
LC) Development shall not violate rater and air 418
quality standards. 419
.JD) Development shall not cause major or irreversible 420
damage to valuable documented archaeological or 421
historic resources.
Development shall not measurably increase 422
siltation. 423
Development shall not create stagnant water 424
bodies. 425
jG) Development shall be timed to have minimum adverse 426
significant affect on life cycles of estuarine 427
resources.
,jH) Development shall not impede navigation or create 428
undue interference with access to, or use of, 429
public trust or estuarine waters.,
,) Development proposed in estuarine waters must also 430
be consistent with applicable _qtandards for the 431
ocean hazard system ABCs set forth in Section
.0300 of this Subchapter.
43) Whom the proposed development is in conflict with the 433
general or specific use standards set forth in this 434
Rule, the CRC may approve the development if the
applicant can demonstrate that the activity associated 435
with the proposed project will have public benefits as
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.identified in the findings and goals of the Coastal 436
Area danagemeat Act, that the public benefits glearly 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 Jo mitigate adverse impacts of the 439
project have been incorporated into the project design
and _Xill , be implemented at the applicant) s expense. 440
These measures taken to Litigate or minimize gdverse 441
impacts may include actions that will:
SA) minimize or avoid adverse impacts by limiting the 443
. magnitude or degree of the action; 444
LB) restore the affected environment; or' 445
lC) compensate for the adverse impacts by replacing or 447
providing substitute resources. 448
10) Specific Use Standards 450
�1) lavigition Channels, Canals, and Boat. Basins. 452
Navigation channels, canals and boat 12asins must be 453
allgned or located so as to avoid highly productive
shellfish beds, _beds of subsergent vegetation, or 454
regularly and irregularly flooded marshes..
s�) Hydraulic Dredging 455
_(A) The terminal end of the dredge pipeline should be 457
positioned at a distance sufficient to preclude 458
erosion of the containment dike and a maximum
distance Iroh spillways to allow adequate 459
settlement of suspended solids.
_JB) Dredge spoil must be either confined on high 460
ground by adequate retaining structures or if the 461
material is suitable, deposited on beaches for
purposes of renourishsent, with the exception of 462
(G) of this Subsection (b) (2) .
_JC) Confinement of excavated materials shall be on 463
high ground landward of Kegularly and irregularly 464
flooded marshland and with adequate soil
Stabilization measures to prevent entry of 465
sediments into the adjacent water bodies or marsh._
,1D) Effluent from diked areas receiving disposal from 466
hydraulic dredging operations oust be contained by 467
pipe, trough, or similar device to a point
waterward of emergent vegetation or, where local 468
conditions require, below mean low water..
„R) When possible, effluent from diked disposal areas 469
shall be returned to the orea being dredged. 470
A water control structure must be installed at the 471
intake end of the effluent pipe. 472
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JG)
Publicly funded projects will be considered by
review agencies on a case by lase basis with
gespect to dredging methods and spoil disposal..
R)
Dredge spoil from closed shellfish waters and
effluent from diked disposal greas used when
dredging in closed shellfish waters shall be
returned to the closed shellfish waters.
.13) Drainage
Ditches
,SA)
Drainage ditches located through any marshland
shall not exceed six feet wide by four feet deep
(from ground surface) unless the applicant can
show that urger ditches are necessary for
adequate drainage.
,jB)
Spoil derived from the construction or maintenance
of drainage ditches through regularly flooded
marsh must be placed landward of these marsh areas
in a manner that will insure that entry of
sediment into the water or marsh will not occur.
Spoil derived from the construction or maintenance
of drainage ditches through irregularly flooded
marshes shall be placed on non -wetlands wherever
feasible. Non -wetland areas include relic
disposal sites.
Excavation of new ditches through high ground
.LC)
shall take place landward of a temporary earthen
plug or other methods to minimize siltation to
adjacent water bodies.
SD)
Drainage ditches shall not have a significant
adverse effect on officially designated primary
nursery areas, productive shellfish beds,
submerged grass beds, or other documented
important estuarine habitat. Particular attention
should be placed on the Iffects of freshwater
inflows, sediment, and nutrient introduction.
settling basins, water gates, retention structures
are examples of . design alternatives that may be
used to minimize sediment introduction..
Nonagricultural
Drainage
.
Drainage ditches must be designed so that
_LA)
restrictions in the volume or diversions of flow
are minimized to both surface and ground water.,
JB)
Drainage ditches shall provide for the passage of
migratory organisms by allowing tree passage of
water of sufficient depth.
JC)
Draina4ge ditches shall not create stagnant eater
pools or significant 2hanges in the velocity of
flow.
FORTH Ci80LINI kD6IVISTRATIVE CODE 06/12/81 7-14
473
474
475
476
477
478
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
498
499
Soo
501
502
503

NRSCD COASTAL 1lAnaxME'!IT
T15: 07H .0200
JD) Drainage ditches shall not divert or restrict 504
water flow to important wetlands Qr marine 505
kabitats.
.15) Marinas 506
11) Marinas shall be developed on non -wetland sites or 508
in deep waters (areas got requiring dredging) and 509
shall not disturb valuable shallow water and
vetland habitat, except for dredging necessary for 510
access to high ground sites.
Privately -owned marinas which involve use of
511
„1B)
public bottoms and waters shall 11ot 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.
1C)
Marinas shall: (i) be designed to minimize use of
515
public eaters by encouraging mn 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 demonstrate the implementation of all
518
,1iii)
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
SD)
Marinas shall be designed to minimize adverse
521
effects on navigation and public gse of waters
522
while allowing the. applicant adequate access to
deep waters.
jb) Docks and Piers
523
SAj
Docks and piers shall not significantly interfere
525
with water f lows.
526
4jB)
To preclude the adverse effects of shading marsh
527
vegetation, structures are built over
528
_which
vegetated marsh shall not exceed six feet in
width, except that MTV'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.
jq
The structure nust not present a navigational
531
hazard and must not, except where necessary,
532
extend any closer than 80 feet from the edge of a
federally maintained channel. Piers shall be
533
designed to minimize adverse effects on navigation
WORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-15

NR&CD — COASM NAHAGENBNT
s15: 07H .0200
and public use of waters, while allowing the
534
applicant adequate access to deep raters...
.17) Bulkheads and Shore stabilization Measures
535
Bulkhead alignuent, for the purpose of shoreline
537
stabilization, oust approximate mean high water or
538
normal water level.
Bulkheads shall be constructed landward of
539
significant marshland or marshgrass fringes..
540
Bulkhead fill material shall be obtained from an
541
approved upland source, or if the bulkhead is a
542
part of a permitted project involving excavation
from a noa-upland source, the material so obtained
543
may be contained behind the bulkhead.
JD)
Bulkheads or other structures below approximate
544
Sean high water or normal water level for the
545
purpose of reclaiming land lost to erosion shall
be permitted only where there is an identifiable
546
erosion problem. Where such a problem is shown to
547
exist, only the area shown to have eroded in the
previous year from time of application may be
548
bulkheaded and filled.
�$) Where possible, sloping rip -rap, gabions, or 549
vegetation may be used rather than vertical 550
seawalls.
History Note: Statutory Authority G.S. 113A-107 (a) ; 553
113A-107 (b) ; 113A-113 (b) ; 554
Eff. September 9, 1977; 555
Amended Eff. August 6, 1979; June 10 1979. 556
.0209 $STOARINESRORELINES� 558
Sa) Rationale. As an AEC, estuarine shorelines, although 560
characterized as dry land, are considered a component of the 561
estuarine system because of the close association with the
adjacent ,gstuarine waters.- This Section defines estuarine 562
shorelines, describes the significance, and &rticulates standards 563
for development.
,(b) Description. Estuarine shorelines are those non -ocean 564
shorelines which are especially vulnerable to erosion, flooding, 565
or other adverse effects of wind and water and are intimately
connected to the estuary. This area extends from the mean high 566
water level or normal water level along the estuaries, sounds, 567
bays, and brackish waters as set forth in an agreement adopted by 568
the. Wildlife Resources Commission and the Department of Natural
Resources and Community Development [described in Regulation 569
.0206 (a) of this Section] for a distance of 75 feet landward. 570
NORTH CAROLIHI sDRINISTRATivE CODE 06/12/81 7-16

NBbCD - COASTAL eimieEMENT
T15: 07H .0200
,ic) Significance. Development within estuarine shorelines 571
influences the quality of estuarine life and is subject to the 572
damaging processes of shore front erosion and flooding.
ld) Hanagement objective. To ensure shoreline development is 573
compatible with both the _4ynanic nature of estuarine shorelines 574
and the values of the estuarine system.
Se) Use Standards 575
S1) All development projects, proposals, and designs shall 577
substantially preserve and not weaken or elininate 578
natural barriers to erosion, including, but eot limited 579
to, peat aarshland, resistant clay shorelines, cypress -
gum protective fringe Ireas adjacent to vulnerable 580
shorelines.
,(2) All development projects, proposals, and designs shall 581
limit the construction of JLmpervious surfaces and areas 582
not allowing natural drainage to only so such as is
gecessary to adequately service the major purpose or 583
use for which the lot is to be developed. Impervious 584
surfaces shall not exceed 30 percent of the ABC area of
the lot, unless the applicant can show that such a 585
limitation will allow no practical use to be made of
the lot.
13) All development projects, proposals, and designs shall 586
comply with the following eandatory standards of the 587
North . Carolina Sedimentation Pollution Control Act of
1973:
.LA) All development projects, proposals, and designs 589
shall provide for a buffer zone along the ,margin 590
of the estuarine water which is sufficient to
confine visible siltation within 25 percent of the 591
buffer zone nearest the land disturbing
development.
1B) No development project proposal or design shall 592
permit an angle for graded slopes Qr fill which . is 593
greater than an' angle which can be retained by
vegetative cover or other adequate erosion -control 594
devices or structures.
SC) All development projects, proposals, and designs 595
which involve uncovering gore than one acre of 596
land shall plant a ground cover sufficient to
restrain grosion within 30 working days of 597
completion of the grading; provided that this
shall not -apply to clearing land for the purpose 598.
of forming a reservoir later to be inundated.
14) Development shall not have a significant adverse impact 600.
on estuurine resources. 601
WORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-17

HR8CD - COASTAL MANAGEMENT
T15: 07B .0200
15)
Development shall not significantly interfere with
602
existing public rights of access to, 2r use of,
603
navigable waters or public resources.,
_(6)
8o major public facility shall be permitted if such
604
facility is likely to require extraordinary public
605
expenditures for maintenance and continued use, unless
it can be shown that the public purpose served by the.
606
facility outweighs the required public expenditures for
607
construction, maintenance, and continued use. For the
purpose of this standard, "public facility" shall mean
608
a pro jec� which is paid for in any part by public
funds.
17)
In those instances where ground absorption sewage
609
disposal systems may legally be placed less than' 100
610
feet from the mean or normal high water .mark of any
waters classified as such systems shall be
611
permitted only if:
JA) The nitrification lines are separated from the
613
seasonal, high ground water by a minimum of 30
614
inches of suitable or provisionally suitable soil;
and
1B) It meets all the other applicable lawn and rules
615
for ground absorption sewage disposal systems
616
adopted by the North Carolina environmental
management; and
_(C) This Rule shall apply to ground absorption sewage
617
disposal systems installed after earth 1, 1981.
618
18)
Development shall not cause major or irreversible
620
damage to valuable, documented historic grchitectural
621
or archaeological resources.
History mote: Statutory Authority G.S. 1131-107 (b) ; 624
113A-108 (a) ; 113A-113 (b) ; 625
Eff. September 9, 1977; 626
Amended Eff. June 1, 1980; October 230 1979; 627
August 29, 1979; June 1, 1979. 628
NORTH CAROLINA ADMINISTRASIVE CODE 06/12/81 7-18

NR&CD - COASTAL MANAGEMENT
T15: 07H .0300
present location. In these cases, all other applicable local and
state regulations shall be met. 859
History Note: Statutory Authority G.S. 113A-107; 862
113A-113 (b) (6); 863
Eff. September 9, 1977; 864
amended Eff. February 2, 1981; 865
November 13, 1980; June 1, 1980; 866
September 15, 1979. 867
.0307 USE STANDARDS P08 OCEAN HAZARD AREAS; EXCEPTIONS 869
History Note: Statutory Authority G.S. 113A-107(a); 871
113 A-107 (b) ; 113A-113 (b) (6) a; 872
113A-113 (b) (6) b; 113A-113 (b) (6) d ; 873
Eff. September 9, 1977; 874
Anended Eff. January 24, 1978; 875
Repealed Eff. September 15, 1979. 876
.0308 SPECIFIC USE STANDARDS
878
(a) Ocean
Shoreline Erosion Control Activities
879
11)
Shoreline erosion projects shall not be constructed in
881
beach or estuarine areas that sustain substantial
882
habitat for important wildlife species unless adequate
883
mitigation measures are incorporated into project
design, as set forth in Rule .0306(1) of this Section..
884
12)
Project construction shall be tined to have minimum
885
significant adverse effect on biological activity..
886
13)
Property owners may, in emergency situations, obtain
887
AEC permits to protect existing structures along the
888
ocean front by means of bulkheads, seavalls, or similar
889
structures if it is determined that the structure is
threatened. A threatened structure is one that was
890
built prior to June 1, 1979, and where the apparent
erosion sate is such that the structure's foundation is
891
imminently endangered. Normally, the structures
892•
foundation will be considered endangered if the
foundation is less than 20 feet away from the toe of
893
the dune or erosion scarp.
14)
hll structural erosion control projects shall
894
demonstrate sound engineering for ocean shoreline
895
erosion control projects.
15)
Preferred erosion control measures to combat ocean
896
front erosion shall be beach nourishment projects or
897
relocation when these are found to be the most
effective control measures for a given site.
898
NORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-25

WR8CD - COASTAL 12ANAGENENT
T15: 07H .0300
inducing public facilities to be supported 12y public funds will 817
be permitted in the ocean hazard area only when such facilities:
j1) clearly exhibit overriding factors of national or state 818
interest %n d public benefit, 819
S2) will not increase existing hazards or damage natural 820
,buff ors, 821
S3) will be reasonably safe from flood and erosion related 822
.4anage• 823
�a) will not promote growth and development in ocean hazard 824
areas. 825
Such facilities include, but are not limited to, sewers, 827
.wateplines, roads, bridges, and erosion control structures. 828
1d) Development shall not cause major or irreversible damage 829
to valuable documented gstoric architectural or archaeological 830
re sources,
Se) Development shall be consistent with minimum lot size and 831
set back requirements established by local regulations. 832
,if) Robile homes shall not be placed within the high hazard 833
flood area unless they are within mobile home parks existing as 834
of June 1, 1979.
Sg) - Development shall be consistent with the general 835
management objective for ocean hazard areas set forth in Rule 836
.0303 of this Section.
lh) Development shall not create undue interference with legal 837
access to, or use of, public resources. 838
Si) Development proposals shall incorporate all reasonable 839
means and methois to avoid or minimize adverse impacts of the 840
project. These measures shall be implemented At the applicant's 841
expense and may include actions that will:
�1) minimize or avoid adverse impacts by limiting the 842
magnitude or degree of the action, 843
S?) restore the affected environment, or 844
j3) compensate for the adverse impacts by replacing or 846
providing substitute resources. 847
jj) Prior to the issuance of any permit for development in the 849
ocean hazard ABCs, there shall be a written acknovledgenent from 850
the applicant that the applicant is aware of the risks associated 851
with development in this hazardous area and the limited
suitability of this area for permanent structures. By granting 852
pernits, the Coastal Resources Commission does not guarantee the 853
safety of the development and assumes no liability for future 854
damage to the development.
_(k) All relocation of structures requires permit approval..855
Structures relocated with public funds shall comply with the 856
applicable setback line as dell as other applicable AEC
Regulations. Structures relocated entirely with non-public funds 857
shall be relocated the maximum feasible distance landward of the 858
NORTH CAROLINA ADBINISTRATI®B CODS 06/12/81 7-24

AR&CD - COASTAL HANAGEHNNT
TNS t 078 . Q300
.0306 GENERAL USE STANDARDS FOR OCEAN HAZARD .AREAS 785
Sa) In order to protect life and property, all development not 787
otherwise specifically exempted or allowed by law or elsewhere in 788
these 'Regulations shall be located according to whichever of the
following ,lnles is applicable... 789
�1) If neither a primary nor frontal dune exists in the AEC 791
on or behind the lot on which the development Js 792
proposed, the development shall be landward of the
erosion setback line. The erosion setback line shall 793
be set at a distance of 30 times the long-term annual
erosion rate from the first line of stable natural 794
vegetation. In areas where the rate is less than 2
feet per year, the setback line shall be 60 feet from 795
the vegetation line.
42) If a primary dune exists in the ABC on or behind the 796
lot on which the development is proposed, the 797
development shall be landward of the crest of the
primary dune or the long-term erosion setback line, 798
whichever is farthest from the first line of stable
natural vegetation. For existing dots, however, where 799
setting the development behind the crest of the primary
dune would preclude any practical use of the lot, 800
development may be located seaward of the primary dune.
In such cases, the development shall be located behind 801
the long -tern erosion setback line, and shall not be
located on or in front of a frontal dune. The words 802
"existing lots" in this Rule shall mean a lot or tract
of land which, as of June 1, 1979, is specifically 803
described in a recorded plat and which cannot be
enlarged by combining the lot or tract of land with a 804
contiguous lot (s) or tract(s) of land under the same
ownership.
_(3) If no primary dune exists, but a frontal dune does 805
exist in the ABC on or behind the lot on which the 806
development proposed, the development shall be set
behind the frontal dune or behind the long-term erosion 807
setback line, whichever is farthest from the first line
of stable natural vegetation. 808
Ab) In order to avoid weakening the protective nature of ocean 810
beaches and primary and frontal dunes, no development will be 811
permitted that involves the significant removal or relocation of 812
primary or frontal dune sand or vegetation thereon.. If possible, 813
other dunes within the ocean hazard area shall not be disturbed
only to the extent allowed by Rule .0308(b). 814
Sc) In order to avoid excessive public expenditures for 815
maintaining public safety, construction or placement of growth- 816
WORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-23

1FRSCD - COASTAL MARAGEHENT
T15: 07H .0300
alters the configuration of the landforn, whichever is farther 749
landward.
,Sb) Primary Dunes. Primary dunes are the first mounds of sand 750
located landward of the ocean beaches having an elevation equal 751
to the, I. mean flood level (in a store having a one percent chance 752
of being equalled or exceeded in any given year) for the area
plus six, feet. The primary dune extends landward to the lowest 753
elevation in the depression behind that sane wound of sand 754
(commonly referred to as the dune trough) .
Sc) Frontal Dunes. In areas where there is a primary dune, 755
that dune shall be deemed to be the frontal dune. Rhere there is 756
no primary dune, the frontal dune is deemed to be the first mound 757
of sand located landward of the ocean beach having sufficient
vegetation, height, continuity and configuration to offer 758
protective value. man-made mounds seaward of the natural line of 759
frontal dunes and dunes created after June 1, 1979 shall not be 760
considered to be frontal or primary dunes.
Sd) General Identification. For the purpose of public and 761
administrative notice and convenience, each designated minor 762
developient permit -letting agency with ocean hazard areas may 763
designate, subject to CRC approval, a readily identifiable land 764
area within which the ocean hazard areas occur. This designated
notice areamust include all of the land areas defined in .0304 of 766
this Section. Natural or man-made landmarks should be considered
in delineating this area.
Se) "Vegetation Line" means the first line of stable natural 767
vegetation, which shall be used as the reference point for 768
measuring oceanfront setbacks. This line represents the boundary
between the normal dry -sand beach, which is subject to constant 769
flux due to waves, tides, storms and wind, and the pore stable 770
upland areas. It is generally located at or immediately
oceanward of the seaward toe of the frontal dune and/or erosion 771
escarpment. In areas where there is no stable natural vegetation 772
present, this line shall be established by connecting or
extending the lines from the nearest adjacent vegetation on 773
either side of the site and extrapolation (either on -ground
observation or by aerial photographic interpretation) to 774
establish the line.
Jfl "Erosion Escarpment" means normal vertical drop in the 775
beach profile caused from high tide and/or store tide erosion. 776
History 1Qte.: Statutory Authority G.S. 1131-107; 779
113A-1 13 (b) (6) ; 780
Eff. September 9, 1977; 781
Amended Eff. February 2, 1981; August 15, 1979; 782
August 6, 1979; Jane 1, 1979. 783
NORTH CAROLINA ADHINISTRAME CODE 06/12/81 7-22

WR&CD - COASTAL HAVAGEHEET
T 15: 07H .0300
Comprehensive shoreline nanagesent shall be preferred
899
over small scale methods.
L6)
Notice of proposed erosion control projects shall be
900
given to adjacent property owners and no permit shall
901
be issued until the adjacent owners have signed the
902
notice form or until a reasonable effort has been made
to serve notice on the adjacent property owners by
903
registered or certified mail.
j7)
Shoreline erosion control structures (excluding beach
904
nourishment and berm projects) shall only be allowed
905
when their purpose is to protect development that was
906
existing as of June 1, 1979.
,j8)
Beach bulldozing (defined as the process of moving
908
natural beach material from any point seaward of the
909
first line of stable to create a protective
910
_vegetation
sand dike or to obtain material for any _other purpose)
911
is development. Beach bulldozing is allowed under the
gmergency maintenance and repair provisions of 15 NCAC
912
79 and nay also be permitted if the following
913
limitations are net:
_11) The area on which this activity is being performed
915
must maintain a slope of adequate grade so as to
916
not endanger the public or the public's use of the
917
beach and should follow the pre --emergency slope as
closely as possible. The movement of material
918
utilizing a bulldozer, front end loader, backhoe,
919
scraper, or any type of earth moving or
construction equipment should not exceed one (1)
920
foot in depth measured from the pre -activity
surface elevation;
921
(B) The activity sust not exceed the lateral bounds of
922.
the applicant os property unless he has permission
923
of jdjoining owners;
924
,LC) !Movement of material from seaward of the loa muter
925
line will not be permitted as emergency
926
maintenance or repairs;
The activity must not significantly increase
927
„(D)
erosion on neighboring properties and must not
928
have a significant adverse effect on important
929
natural or cultural resources;
JR) The activity nap be undertaken to protect
930
threatened on -site caste disposal systems as well
931.
as the threatened structure l's foundations.
jb) Dune Establishment and Stabilization.. Activities to
933
establish
dunes shall be alloued so long as the following
934
conditions are met:
WORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-26

WRSCD - COASTAL HAVAGEMENT
T15: 07H .0300
j1)
Any new dunes established shall be aligned to the
935
greatest extent possible with existing adjacent dune
936
ridges and shall be of the sacae general configuration
as adjacent natural dunes.
937
,12)
Existing primary and frontal dune shall not, except
938
for beach nourishment and emergency situations, be
939
broadened or extended in an oceanuard direction.
jay
Adding to dunes shall be accomplished in such a manner
940
that the damage to existing vegetation is minimized. ,
941
The filled areas will be immediately replanted 9.r
942
temporarily stabilized until planting can be
successfully completed.
j4)
Sand used to establish or strengthen' dunes must be
943
brought in from a source outside the ocean hazard area
944
and must be of the same nature as the sand in the area
in which it is to be placed.
945
(5)
No new dunes shall be created in inlet hazard areas.
947
j6)
That sand held in storage in any dune other than
949
frontal or prinary dunes may be moved laterally in
950
order to strengthen existing primary or frontal dunes
it the work vould enhance the protection to the
proposed development activity.
951
17)
no disturbance of a dune area will be allowed when
952
other techniques of construction can be utilized and
953
alternative site locations exist to avoid unnecessary
dune impacts..
jc) Structural Accessways
954
j1.)
Structural accessways shall be permitted across primary
956
dunes so long as they are designed and constructed in a
957
manner which entails negligible alteration on the
958
primary dune. Structural accessvays nay not be
considered threatened structures for the purpose of
959
Paragraph (a) of this Rule.
12)
An accessvay shall be conclusively presumed to entail
960
negligible alteration of a primary dune if:
961
(A) The accessvay is exclusively for pedestrain use;
963
(3) The accessvay is less than six feet in width; and
964
jC) The accessvay is raised on posts or pilings of
966
five feet or less depth, so that wherever possible
967
only the posts or pilings touch the frontal dune.
968
Where this is deemed impossible, the structure
shall touch the dune only to the extent absolutely
969
necessary.. In no case shall an accessvay be
permitted if it will diminish the dune's capacity
970
as a protective barrier against flooding and
erosion; and
WORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-27

128CD - COASTIL MANAGEMENT
T15: 07H .0300
JD) Any areas of vegetation that -are disturbed are
971
revegetated gs soon as feasible..
972
�3)
An accessvay which does not meet (2) (A) and (B) of this
974
Paragraph shall be gersitted only if it meets a public
975
purpose or need which cannot otherwise be met gad it
976
meets (2) (C) of this Paragraph. Public fishing piers
shall not be deemed to be prohibited by this Rule,
977
provided all other applicable standards are met..
,(d) Construction Standards., New construction and substantial
979
improvements (increases of 50 percent or more in value on square
980
footage)
to existing construction shall comply with the following
981
standards:
11)
In order to avoid unreasonable danger to life and
982
property, all development shall be designed and placed
983
so as to minimize damage due to fluctuations in ground
984
elevation and wave action in a 100 year storm. Any
building constructed within the ocean hazard area shall
985
comply with Appendix D, "Windstorm Resistive
Construction," of the North Carolina Residential
986
Building Code, except that when any provisions of that
mppendix are inconsistent with any of the following ABC
987
standards, the more restrictive provisions shall
988
control.
.12)
All structures in the ocean hazard area shall be on
989
pilings not less than eight inches in diameter if round
990
or eight inches to a side if square.
,(
All pilings shall have a tip penetration greater than
991
eight feet below the lowest ground elevation under the
992
structure. For those structures so located on the
993
primary dune or nearer to the ocean, the pilings 7 roust
extend to four feet below mean sea level.
j).
All foundations shall be adequately designed to be
994
stable during applicable fluctuations in ground
995
elevation and rave forces during a 1.00 year storm.
gantilevered decks and walkways shall meet this
996
standard. or shall be designed to Jireak-away without
997
structural damage to the main structure.
sS).
All pilings shall be appropriately treated to resist
998
decay, insects And corrosion.
999
J6)_
The lowest portion of the structural member of the
1000
lowest floor (excluding the pilings or columns) shall
1001
be elevated to or above the 100 year storm elevation.
17)
All exposed structural connections shall be adequately
1002
rustproofed or enclosed.
1003
All utility systems shall be located and constructed so
1004
as to minimize or eliminate storm damage.
1005
NORTH CAROLINA ADBINISTRATIVE CODS 06/12/81 7-28

MRSCO - COASTAL MANAGEMENT
T 15: 07H .0300
,S9) All walls below 100 year base flood level shall be 1006
designed and installed _to: (A) allow storm waters to 1007
rise and flow freely under the structure, JB) not 1008
permit the breakaway walls themselves to become water-
borne debris, and JC) not cause the accumulation of 1009
water -borne debris. Break -away walls shall be intended 1010
to collapse under stress without jeopardising the
structural support of the structure.
_ (10) No impermeable (such as asphalt or cement) surfaces 1011
shall be allowed over any functional part of a complete 1012
septic tank system.
History note: Statutory Authority G.S. 113A-107 ;' 1015
113A-113 (b) (6) ; 1016
Eff. ,June 1, 1979; 1017
Amended Eff. February 2, 1981; April 22, 1980; 1018
March 1, 1980. 1019
.0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXPAPTIONS 1021
„(a) The following types of development may be permitted 1023
seaward of the oceanfront setback requirements of Rule .0306 (a) 1024
of the Subchapter if all other provisions of this Subchapter and
other state and local regulations are net: 1025
11) campgrounds that do not involve substantial permanent 1027
structures; 1028
S2). parking areas with clay, packed sand or similar 1029
.gurf aces; 1030
(3) outdoor tennis courts; 1032
(4) elevated decks not exceeding 500 square feet; 1033
.15) bgach accessways consistent with Rule .0308(c) of this 1035
Subchapter; 1036
16) unenclosed, uninhabitable gazebos with floor areas of 1037
200 square feet or less; 11038
.L7) uninhabitable storage sheds with floor areas of 200 1039
jgnare feet or less; and 1040
(8), temporary amusement stands. 1042
In qk11 cases, this development shall only be permitted if it is 1044
landward of the vegetation line, Involve: no significant 1045
alteration or removal of primary or frontal dunes or the dune
vegetation, has overwalks to protect any existing dunes and meets 1046
all other non -setback requirements of this Subchapter. 1047
Sb) where strict application of the oceanfront setback 1049
requirements of Rule .0306 (a) of this Subchapter would preclude 1050.
placement of permanent structures on lots existing as of June 1,
1979, ,quch development may be permitted seaward of the applicable 1051
setback. line in ocean erodible areas, but not inlet hazard areas, 1052
if each of the following conditions is met:
NORTH CAROLINA ADMINISTRATIVE CODE 06/12/81 7-29

APPENDIX B
Listing of State and Federal Regulations

STATE LICENSES AND PERMITS
Agency Licenses and Permits
Department of Natural Resources and - Permits to discharge to surface waters
Community Development or operate waste waster treatment
Division of Environmental Management plants or oil discharge permits; NPDES
Permits, (GS 143-215)
- Permits for land application of.waste
water, permits of subsurface disposal
facility owned by public utilities
and subsurface of industrial effluents
— Permits for withdrawal of surface or
round waters incapacity use areas
GS 143-215.15)
- Permits for air pollution abatement
facilities and sources (GS 143-215.108)
- Permits for construction of complex
sources; e.g. parking lots, subidivisions,
stadiums, etc. (GS 143-215.109)
- Permits for construction of a well
over 100,000 gallons/day (GS 87-88)
Department of Natural Resources and - Permits to dredge and/or fill in
Community Development estuarine waters, tidelands, etc.
Office of Coastal Management (GS 113-229)
- Permits to undertake development
in Areas of Environmental Concern
(GS 113A-118) NOTE: Minor development
permits are issued by the local govern-
ment
Department of Natural Resources and - Permits to alter or construct a dam
Community Development (GS 143-215.66)
Division of Earth Resources - Permits to mine (GS 74-51)
- Permits to drill an exploratory oil
or gas well (GS 113-381)
- Permits to conduct geographical ex-
ploration (GS 113-391)
- Sedimentation erosion control plans
for any land disturbing activity of
over one contiguous acre (GS 1131-54)

-2-
Agency Licenses and Permits
Department of Natural Resources and - Permits to construct an oil refinery
Community Development
Secretary of NRCD
Department of Administration - Easements to fill where lands are
proposed to be raised above the nor-
mal high water mark of navigable
waters by filling (GS 146.6(c))
Department of Human Resources - Approval to operate a solid waste
disposal site or facility (GS 130.-
166.16)
(With County Health Depts.)
- Approval for construction of any
public water supply facility that
furnishes water to ten or more
residences (GS 130-160.1)
- Permits for wastewater (package)
treatment plants with subsurface
disposal including septic tanks.
(excluding facilities operated
by public utilities)

FEDERAL LICENSES AND PERMITS
Agency Licenses and Permits
Army Corps of Engineers - Permits required under Sections 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 Con-
trol Act of 1972; permits to under-
take dredging and/or filling acti-
vities
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
Geological Survey
Bureau of Land Management
(Department of Interior)
- Deep water port permits
- Permits required for off -shore dril-
ling
- 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

-2-
Agency Licenses and Permits
Federal Energy Regulatory Commission - Permits for construction, operation
and maintenance of interstate pipe-
lines facilities required under the
Natural Gas Act of 1938.
- Orders of interconnection of elec-
tric transmission facilities under
Section 202(b) of the Federal Power
Act
- Permission required for abandonment
of natural gas pipeline and asso-
ciated facilities under Section 7C
(b) of the Natural Gas Act of 1938
- Licenses for non-federal hydroelectric
projects and associated transmission
lines under Sections 4 and 15 of the
Federal Power Act