Shoreline Access Plan-1979

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Division,of Coastal Management
AUGUST 1079

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A SHORELINE ACCESS
PLAN FOR THE TOWN OF
KILL DEVIL HILLS
PREPARED BY
THE ALBEMARLE REGIONAL PLANNING AND
DEVELOPMENT COMMISSION
AUGUST, 1979
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The preparation of this report was financed
in part through a grant provided by the North
Carolina Coastal Management. Program, through
funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered
by the Office of Coastal Zone Management,
National Oceanic and Atmospheric Administration.
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' TABLE OF CONTENTS
' INTRODUCTION AND PURPOSE . . . . . . . . . . . . . . . . . . . 1
LOCAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . 4
OVERVIEW OF SHORELINE ACCESS PROBLEMS . . . . . . . . . . . . . 6
STATE POLICIES AND STANDARDS RELATING TO SHORELINE ACCESS. . . 9
Shoreline Access Policies. •9
Structural Accessway Standards . . . . . . . . . . . . . . . 10
1 Local Ordinances . . . . . . . . . . . . . . . . . . . . . . 12
GOALS AND OBJECTIVES . . . . . . . . . . . . . . . . . . . . . 14
INVENTORY, RECOMMENDATIONS, ANDPRIORITY FOR DEVELOPMENT
OF ACCESSWAYS . ••. . . . . . . . . . .
. 16
Present and Short Range Considerations . . . . . . . . . .
Long Term Considerations . . . . . . .
. 16
. 17
MODEL PARKING ACCESS DESIGN . . . . . . . . . . . . . . . . .
. 20
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SPECIFIC RECOMMENDATIONS OF RIGHT-OF-WAYS FOR BEACH ACCESS
AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 21
ILEGAL
TOOLS FOR PRESERVING PERFECTING AND ACQUIRING BEACH
ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . .
. 23
Legislation . . . . . . . . . . . . . . . . . . . . . . . .
. 24
Perfection and Protection of Existing Title and Access . .
. 26
Acquisition of Access . . . . . . . . . . . . . . . . . .
. 27
Other Means of Acquisition . . . . . . . . . . . . . . . .
. 31
Land Use Controls . . . . . . . . . . . . . . . . . . . . .
. 33
PROSPECTIVE FUNDING SOURCES FOR BEACH ACCESSWAYS . . . . . . . 36
National Oceanic and Atmospheric Administration. . 36
Department of the Interior . . . . . . . . . . . . . . . 36
Department of Housing & Urban
Development. . . . . . . . . .
38
Department of Transportation
.
39
ENVIRONMENTAL IMPACT ASSESSMENT
. . . . . . . . . . . . . . . .
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Project Description. . .
. . .. . . . . . .
40
Probable Environmental Impact
of Proposed Action . . . . . .
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Adverse Environmental Effects
Alternatives to the Proposed
Which Cannot Be Avoided. . . .
Project . . . . . . . . . . . .
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Inventory of All Irreversible
and Irretrievable Commitments
of Natural Resources . . .
. . . . . . . . . . . . . . . .
43
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MAP OF BEACH ACCESS AREAS . . .
. . . . . . . . . . . . . . . .
Insert

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INTRODUCTION AND PURPOSE
The North Carolina General Assembly enacted the Coastal Area
Management Act in 1974 (CAMA). The basic objective of this act is
to establish a comprehensive plan for the protection, preservation,
and orderly development of the coastal area of North Carolina.
Within the Act, the General Assembly also established the Coastal
Resources Commmission (CRC). The Commission is responsible for the
preparation, adoption, and amendment of the CAMA Land Use Plan
Guidelines. Using these guidelines, units of government within the
coastal areas adopted land use plans in 1976. The Coastal Resources
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Commission is also active in the implementation of these local
plans and in March, 1979 adopted policies relating specifically to
public beach access. (These policies are listed in a subsequent
section of this report.)
In determining these access policies, the Coastal Resources
Commission was required to comply with the federal regulations
found in the March 1, 1978, Federal Register. In these regulations,
the Federal Government requires coastal states to consider both
physical and visual access. The emphasis however should be on the
provision of increased physical access. Special attention should
be given to recreational needs of urban residents for increased
shorefront access. Physical access may include, but need not be
limited to, footpaths, bikepaths, boardwalks, jitneys, rickshaws,
parking facilities, ferry services and other public transport.
Visual access may involve, but need not be limited to, viewpoints,
setback lines, building height restrictions, and light requirements.
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While the Coastal. Area Management Act clearly addresses
esthetics in the purposes section 113A-102, it is the decision of
the CRC that provision of access is a local concern to be expressed
through local plans. The CRC will determine whether or not the
local government has adequately addressed access needs when review-
ing CAMA plans.
Public access to the shoreline is also addressed in the
Statewide Comprehensive Outdoor Recreation Plan of North Carolina.
This document states that it is an objective of the State that
areas of public access be provided along the shores of streams,
rivers, lakes, estuaries, sounds, and the ocean in order that
citizens and visitors may be able to reach and use inland waters
and the Atlantic Ocean. Among these, special emphasis must be
placed on insuring public access to ocean beaches and to state
lakes. All governmental units providing public reaction oppor-
tunities should consider ways and means of insuring that no person
is denied use of any public recreation area, facility, or program
because of their inability to pay the established fees. All
socio-economic groups of citizens must be provided with this ability
to recreate in both natural and organized public outdoor provisions
of recreational opportunities.
Beach access is a definite part of the general recreational
objectives which Kill Devil Hills can continue to develop by using
its recreation committee to develop the inventory of available
parcels of land in a selective land use pattern. Through this
beach access plan, it is the intent of the Town of Kill Devil Hills
to identify public accessways, identify methods to properly develop
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' such access ways in keeping with state policy, and to identify
possible funding sources for future development of access ways.
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LOCAL SETTING
� H' The Town of hill De i115 is located on the Outer Banks of
Dare County. The town has experienced a steady population growth
since its incorporation in 1953 and now has an estimated population
of almost 850 permanent residents. The town experiences the addi-
tional impact of seasonal population which was estimated for 1975
to be over 10,000 people on the peak day. Less than thirty percent
of the available land in the town is developed with seasonal and
vacation cottages interspersed among permanent residences. Motels,
tourist accommodations and commercial enterprises are predomin-
antly located along the ocean beach and along the by-pass highway.
The center of Kill Devil Hills is dominated by National Park
Service land surrounding the Wright Brothers Memorial.
Kill Devil Hills participated in the building and development
' expansion which occurred during the 19701s. Over 3 million dollars
in building permits were issued by the town in 1972, but as the
national economy lagged in 1973, this figure dropped to about one
' million dollars in 1975. Building activity has again increased
since the beginning of 1976 with the lowering of interest rates.
' The most severe constraints to development in Kill Devil Hills
at this time are the lack of a sufficient water supply and a
sewage disposal system. Kill Devil Hills joined Dare County and
Nags head in approving a bond referendum to install a fresh water
supply adequate for the needs of the projected population. Until
' the water system is completed, the town will supplement its water
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supply with shallow wel Is %A icli have been approved by state health
officials.
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A central sewage treatment system to serve Kill Devil Bills,
the developed areas of the northern Dare County Beaches and
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Roanoke Island is presently under study by engineering consultants.
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A central sewage system is necessary to solve existing problems
with septic tanks and to accommodate desired future growth without
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endangering valuable estuarine waters or groundwater supplies.
Until a central sewage system is available for the town, the
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county septic tank regulations will maintain lot sizes for new sub-
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divisions and will prevent building on previously platted
substandard lots until the necessary utilities are available.
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OVERVIEW OF SHORELINE ACCESS
PROBLEMS
As stated previously, the growth of the tourist industry is
' having a profound effect on Kill Devil Hills. The ever increasing
volume of pedestrians, traffic and other associated activities are
creating problems which warrant attention. One emerging problem
is the increased need for shoreline access by the general public.
The pattern of private ownership is reducing this accessibility.
In many situations in North Carolina, people wish to get to
the oceanfront but must cross private property before reaching
the shoreline. "No Trespassing" signs are frequently seen on
private property. Right-of-ways that now provide access are not
adequately identified and are sometimes partially or wholly con-
trolled by adjacent property owners.
In his book, Access to the Nation's Beaches: Legal and Planning
Perspectives, 1David Brower divides the "beach" into four parts:
the sea, the wet -sand, the dry -sand, and the upland.
First, that area seaward of the mean low tide line is termed
the sea. Second, the area between the mean low tide and mean high
tide lines, which is covered by the usual flow of tides, is termed
the wet -sand. Third, the area between the mean high tide line and
' the line of vegetation or dune line, is termed the dry -sand.
Fourth, the area landward of the vegetation line is termed the
' upland. The following diagram illustrates this division.
' 1Portions of the Beach Access plan were taken from David Brower's
Access to the Nation's Beaches: Legal and Planning Perspectives.
UNC Sea Grant Publication, Feb., 1978.

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Upland
Dry -Sand
Vegetation
Line
Wet -Sand
Sea
Mean Mean
High Low
Tide Line Tide Line
Approximately three -fourths of the coastal states, including
North Carolina, have held that wet -sand beaches are publically
owned or public trust areas. The Coastal Resources Commission
defined a "beach" in Section .0302 of SHOREFRONT ACCESS POLICIES
as "areas extending from the mean low to the mean high water line
and beyond this line to where either the growth of vegetation
occurs, or a distinct change in slope or elevation occurs, or
reparian owners have specifically and legally restricted access
above the mean high water line." Further, the CRC added that
"this definition is intended to describe those shorefront areas
historically used by the public. Whether or not the public has
rights in the defined areas above the mean high water mark can
only be answered by the courts. The public does have clear rights
below the mean high water mark." The Shorefront Access Policies
recognize public use rights in the beach areas as defined but do
not in any way require private property owners to provide public
access to the beach.
Broadly speaking, according to Brower, the state of North
Carolina owns the beach seaward of the mean high tide line (wet -
sand), but the beach above the mean high tide line (dry -sand and
upland) is in private ownership. No North Carolina court case
has dealt specifically with access by the public over unencumbered
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privately owned land to get to the wet -sand. Thus to reach the
public portion of the beach, the general recreation user is faced
with the task of passing over private land to get to the public
beach area. The simple provision of a public walkway leading from
a street or road to the public shoreline (coupled with adequate
identification and parking area) can expand the use of the public
beach.
' There are a number of mechanisms under traditional property
law in North Carolina by which the public can acquire rights of
access across the upland portions of the beach. These mechanisms
are discussed in more detail in the later section of this report.
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STATE POLICIES AND STANDARDS
RELATING TO SHORELINE E
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Given guidelines through the Federal Office of Coastal Zone
Management, the Coastal Resources Commission of North Carolina has
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adopted the following shoreline access policies. These policies,
along with the Areas of Environmental Concern -structural accessway
in
standards,should be considered in planning for beach access or
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the development of specific access sites.
Shoreline Access Policies
(a) Development shall not interfere with the public's right
of access to the shorefront where acquired through public acqui-
sition, dedication, or customary use as established by the courts.
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(b) The responsibility of insuring that the public can ob-
tain adequate access to public trust resources or the ocean,
sound, rivers and tributaries is primarily that of local govern-
ments to be shared and assisted by state and federal government.
(c) Public beach area projects funded by the state and
federal government will not receive initial or additional funds
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unless provisions are made for adequate public access. This
must include access rights, adequate identification and adequate
parking. (See Erosion Projects Funds, 1979 General Assembly)
(d) Policies regarding state and federal properties with
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shorefront areas intended to be used by the public must encourage,
' permit and provide public access and adequate parking so as to
achieve maximum public use and benefit of these areas consistent
' with establishing legislation.
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' (e) State and Federal funds for beach access will be pro-
vided only to localities that also provide protection of the
' frontal or primary dunes.
(f) The state should continue in its efforts to supplement
' and improve highway, bridge and ferry access to and within the
' twenty -county coastal area consistent with the approved local
land use plans. Further, the state should wherever practical,
' work to add public fishing catwalks to appropriate highway bridges
and should incorporate catwalks in all plans for new construction
' and for remodeling bridges. It is the policy of the state to
' seek repeal of ordinances preventing fishing from bridges except
where public safety would be hazardous.
' (g) In order to avoid weakening the protective nature of
frontal dunes, no development will be permitted which would in-
volve the removal or relocation of frontal dune sand or frontal
1 dune vegetation. 15 NCAC 7H 0306 (c). The sands held in the
frontal dunes are recognized as vital for the nourishment and
' protection of ocean beaches.
(h) All land use plans and state actions to provide additional
' shorefront access must recognize the need of providing access to
all socio-economic groups. (See Statutory Authority G.S. 113-A-102
(b); 113A-107; 113A-12A;)
' Structural Accessway Standards
' The following structural accessway standards were taken
from the amended Areas.of Environmental Concern Guidelines adopt-
ed by the Coastal Resources Commission on April 27, 1979
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(15NCAC 711 .030 of C). In order to construct a structural
accessway ("catwalks", etc.) across a primary dune, an
Area of Environmental Concern development permit must be
obtained and conform to the following.
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(1) Structural accessways shall be permitted across pri-
mary dunes so long as they are designed and constructed in a
manner which entails negligible alteration on the primary dune.
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Structural accessways shall be considered expendable construction.
(2) An accessway shall be conclusively presumed to entail
negligible alteration of a primary dune if:
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(i) the accessway is exclusively for pedestrain use;
(ii) the accessway is less than six feet in width; and
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(iii) the accessway is raised on posts or pilings
of 5 feet or less depth, so that wherever possible only the
posts or pilings touch the frontal dune. Where this is deemed
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impossible, the structure shall touch the dune only to the extent
absolutely necessary. In no case shall an accessway be permitted
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if it will diminish the dunes capacity as a protective barrier
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against flooding and erosion; and
(iv) any areas of vegetation that are disturbed are
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revegetated as soon
as feasible.
(3) An accessway
which does not
meet (i) and (ii) above
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shall be permitted
only if it meets a
public purpose or need which
cannot otherwise be
met and it meets
(2) (iii) above. Public
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fishing piers shall
not be deemed to
be prohibited by this rule,
provided all other
applicable standards
are met.

(4) Public expenditures for accessways shall not be
allowed on areas created from beach nourishment.
Local Ordinances
' In addition to state requirements, the Town of Kill Devil
Hills has certain ordinances which pertain to the use of
vehicular traffic on the beach and dune area. These ordinances
should be adhered to in considering access to the beach.
Sec. 10-37. Driving on sand dunes.
' It should be unlawful for any type of vehicle, including
but not limited to, automobiles, motorcycles and beach buggies,
' to be driven on sand dunes within the town; provided, that this
prohibition shall not include police and other emergency
' vehicles. (8-11-70, 1,2.)
Sec. 10-38. Driving on or landing aircraft on beaches.
It shall be unlawful for any person to operate any motor
' vehicle or land or take off in any aircraft, except in case of
' emergency, within the following described beach area in the
town: Beginning at the northern boundary line of the town and
running thence in a southerly direction along the ocean front
with the low tidewater line to the southern boundary line of the
town; provided, that this section shall not apply to motor
' vehicles operated upon any regularly established or dedicated
road or driveway on private property by the owners of such pro-
' perty, members of their immediate family or by bona fide guests
with the written permission of such owner nor shall it apply to
the official operation of motor vehicles or aircraft belonging to
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' or used by the United States Coast Guard Service; and provided,
that this section shall not apply to the operation of motor
vehicles or automotive equipment De tonging to and used and
operated by commercial fishermen while such fishermen are actually
' engaged in the fishing or setting of nets or seines from or in
the ocean; provided, that nothing in this section shall be con-
strued to authorize, permit or allow commercial fishermen or any
' other person to drive across, enter upon or conduct their fishing
operations on any private property other than that owned or
' leased by them except by permission of the owners in the above
' described area. (9-19-59, 3.)
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GOALS ANI) OBJECTIVES
A goal is defined as the end toward which effort is directed.
' Goals then, represent desired states of affairs. In order to make
goals attainable, there must be some link between the goal and the
activities necessary to achieve it. Objectives and policies bridge
this gap since objectives and policies are statements of intent and
courses of action.
Problems and issues relating to beach access were identified
through meetings with the Town Council, the Town Planning Board,
Town officials, interviews with local citizens, and information
available in the local land use plan. The problems and issues
identified were detailed in the "Overview of Shoreline Access
Problems" section of this report. Based on this input, the follow-
ing overall goal and objectives were derived.
Goal: Improve public access to the shoreline area of Kill Devil
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Hills to protect environmentally sensitive areas and
protect the rights of private property owners in the area.
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Objectives:
1) Identify possible public shoreline access points on
right-of-ways of those east to west oriented streets
located between the beach and Highway 158 Business.
2) Develop, properly identify and encourage public use
of recommended accessways in order to prevent erosion of
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the dune system and minimize trespassing on private
property.
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' 3) Incorporate State of North Carolina SPECIFIC USE
STANDARDS for Structural Accessways in Areas of Environ-
mental Concern when developing public access points.
' 4) Protect adjacent landowners through the use of vege-
tative screening and fencing where economically feasible
' to protect properties from visual intrusions and noise
and to protect at the same time, the aesthetic experience
for the access user.
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S) Seek Federal and state grants, gifts and easements to
develop public access areas.
6) Provide for public access in areas where the impact
on fragile beach vegetation will be minimal.
7) Provide for
continued maintenance of developed shore-
line access areas.
8) Provide, where possible, parking areas in the develop-
ment of public accessways. Where off-street parking is
unavailable, encourage side -street utilization of the full
right-of-way for parallel parking thereby facilitating
public access and increasing economic benefits to the Town.
9) Strictly enforce Town ordinances relating to driving
on sand dunes and encourage the adoption of new ordinances
which will provide for access in the future.

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1NVENTORY, RECO1`TN1ENDATIONS, AND PRIORITY
FOR DEVELOPMEINT OF ACCESSWAYS
Present and Short Range Considerations
To properly analyze beach access areas in Kill Devil Hills,
an inventory was compiled. (See specific recommendation list and
map.) A model beach access design has been developed which
utilizes a typical Town -owned right-of-way. The model makes
recommendations for placement of pedestrian accessways, vehicle
access, parking, walkways and trash containers. The model should
be modified on a case -by -case basis according to the specific
recommendations listed herein.
There are thirty streets with Town -owned rights -of -way which
may be developed as accessways. At some point in the future,
public access demand may necessitate the development of many of
these areas. However, for short-range planning purposes only a few
of these right-of-ways should be considered for development.
Each of the potential access areas differ in characteristics.
For instance, the right-of-way widths range from sixty -feet
(adequate for the provision of parking areas) to ten -feet (adequate
for walking access only). Some potential access points have large,
stabilized dunes in the area where vehicular access should be dis-
couraged; while dunes in other areas are almost non-existent and
more conducive as access points for emergency and commercial
fishing vehicles, (as addressed in local ordinances). In some
instances, driveways radiating from cottages intersect potential
accessways requiring alteration of the design and protection of the
entrance to the cottage drive.
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In any development, protection of." the dune system is of para-
mount importance. As previously mentioned, Coastal Areij Management
'
Act (CAh1A) permits must be obtai:icd inhere development is
constructed over the frontal dune. Dunes in the vicinity of the
accessways should be renourished and vegetated to prevent erosion.
'
If Federal funds are to be obtained, development design must be in
harmony with local ordinances.
'
Signs should be established at all public accessways. Each
sign should below in height with information relating to parking,
lifeguards, trash containers, and driving on the beach.
Several of the ten -foot right-of-ways located between Asheville
and First Streets may be particularly important to the Town in pro-
viding for pedestrian access. These potential access paths would
require only a sign designating them as such and additional legal
research to determine their exact locations.
' Long Term Considerations
' In the coming years, as developmental pressures and the number
of daily visitors increases, the Town may wish to consider the pro-
vision of additional access areas. Long-range consideration should
be given to those areas abutting the Roanoke Sound as well as the
beach area. According to state and Federal guidelines and policies,
public access to the sound is just
as important as
access to the
beach.
'
Presently, development on the
west side of the
island abutting
the sound, is relatively dispersed
when compared to
development in
1
the beach sector. A few houses and
unpaved streets
are character-
istic of the existing landscape. While development is not presently
intense, the majority of the land has been subdivided and
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expectations are that development will occur thereby increasing
shoreline access demand. Long range consideration should be given
' to an additional boat ramp on the sound to be located in north Kill
Devil Hills and possible development of existing sound -side right-
of-ways. Additionally, access requirements should be incorporated
' into subdivision regulations.
The Town may wish to consider several long-range actions to
' provide for continued access to the beach area. These include:
1) Purchase of strategically located vacant lots between
1 Fifth Street and the northern Town limits. These lots
should be in the proximity of identified access areas;
2) Continue to develop potential accessways from Fifth
Street to Oregon Street as demand dictates;
3) As a very long-range consideration, seek funds to acquire,
1 lease, or gain easement for public beach access in the area
between Eighth Street and Martin Street. At the present
this sector has fewer potential access points than other
' areas in the Town;
1 4) Investigate the possibility of placing properties
located in the Town and owned by the National Park Service
on the Federal Government Surplus Property List. The two
parcels of property, each approximately 350 x 800 feet in
size, are located between Lowell and Woodmere Streets. The
Iland was condemned by the Department of the Interior to be
used as an entrance to the Wright Memorial. Prior to the
1 completion of Highway 158 By -Pass, Park Service Road (which
divides the two properties) was the primary entrance to the
' Memorial. Provided that the property has outgrown its
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usefullness, and can be obtained through the Surplus Program,
the Town could use the area for public recreation or parking
for the Monument Street/Prospect Street potential access
areas.
In addition to the physical aspects, the long range needs for
visual access can be controlled through height restrictions in
zoning and subdivision regulations.
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ATLANTIC OCEAN
VF.:'HII;I E AC.f.F."M
SAND DUNE ' / ;AND DUNE
' -- ROPE ,, \
BARRIER i.---
. -' -- - - -
lIOVND
AREA N
�
20'
I
i
w
J
A
iExISf1kG LOTS WFIICH
ARE
Q
ACCESSED BY U.S
.156
h
I Y'k#20'
'tYMCAL pAVEMt=NT
$E6TION
6,, STONE, BASE
I'
2�� I2 ASPHALT
1
' --TYPICAL DRIVEWAY ACCESS
WHERE THERE ARE LOTS WHICH
ACCESS ONTO PARKING A4E,A , 1 HE
PARKING SPACES SHOULD BE
PLACED ON OPPOSITF' SIDE
'11
OVMp47EA
�nR 20 R
U.S. 158 BUSINESS
i
MODEL
iPROPOSED PARKING LOT DESIGN FOR- BEACH ACCESS PLAN
KILL DEVIL HILLS
NORTH CAROLINA
S(;ALE: I"=30
AUGUST, 1979
I REPA9E[) FOR A` PI)C
fly
NW-UOWEL[ JONFS PA
20 °I.QA9FTII CITY, NC

SE'ECIFIC . � IIT 0 .SAYS
FOR BEACH ACCESS AREAS
AREA
RECOMMENDATION
TERM
Dock Street
Maintain parking for boat access
Present
Eighth Street
Utilize right-of-way on west side of 158 Business
Long-range
for parking. Construct catwalk and driveway for
emergency vehicles and commercial fishermen over
primary sand dune.
Lake Drive
Utilize parking in right-of-way of street west of
Long-range
158 Business. Stabilize and renourish dune.
Atlantic Street
Construct to model design. Renourish sand dune.
Short-range
Martin Street
Reestablish right-of-way and develop.
Long-range
Calvin Street
Reestablish develop.
right-of-way and
Long-range
Clark Street
Discontinue vehicle use by renourishing dunes.
Long-range
Construct catwalk for pedestrians. Develop to
model design.
'
Oregon Avenue
Construct catwalk and revegetate path. No
Long-range
vehicles recommended except for parking.
Carlton Avenue
Develop by yielding to driveway rights of entry.
Long-range
Revegetate dunes, construct catwalk.
Ocean Bay Boulevard
Extend parking area with pavement and design
Short-range
'
according to model. Construct timber ramp to
permit emergency/commercial fishermen vehicles to
the beach.
Roanoke Street
Revegetate path. Construct catwalk. Use model
Long-range
design with mimimum parking area.
`
Pinehurst Avenue
Revegetate path. Construct catwalk. .Use model
Long-range
design with minimum parking area.
'
Sutton Avenue
Develop similar to Pinehurst Avenue.
Long-range
'
Carlow Avenue
Preserve in natural state. Place sign encouraging
parking further down the beach.
Present
Raleigh Avenue
Extend parking area with pavement. Revegetate
Long-range
path and construct catwalk.
Ferris Avenue
Revegetate and restrict vehicles as soon as possible.
Short and
Develop according to the model design.
long-range
Woodmere Avenue
Revegetate dune. Restrict parking to pavement area.
Present
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AREA
R X:O; IMll NI1.-'CION
TERM
Glenmere Street
M
Develop according i_o rn.,c;�;. c �: .i,.i in cc,,ijunction
Short-range
(Monument Street)
with National Park Service land. Restrict vehicles,
catwalk only.
Prospect Street
Utilize as walking access for parking in adjacent
Short-range
'
Asheville Street
open space land (National Park Service land).
Restrict vehicles on sand area. Utilize with
Present
minimum parking.
First Street
Revegetate sand dunes. Construct catwalk at present
Long-range
sidewalk. Extend parking area utilizing full
right-of-way.
Ten feet accessways
Identify walking access ,paths by signs. Research
Short-range
between Asheville
ten feet sections as to exact locations.
St. and First St.
Second Street
Develop present pavement with parking on lefthand
Short-range
side (north side). Renourish sand dunes and re -
vegetate. Limit parking development to present
upright posts. Construct catwalk.
Third Street
Construct mall -type passageway to beach. Restrict
Long-range
vehicles to right-of-way on.west side of street.
tFifth
Street
Utilize parking in right-of-way along Fifth Street
Long range
west of 158 Business. Maintain no parking with
signs indicating only pedestrian pathway from
'
parking across the street.
Walker Street
Pave right-of-way on west side of 158 Business,
Short-range
utilizing parallel parking on Walker Street. Re-
'
nourish and revegetate dune and construct catwalk.
Hayman Street
Utilize right-of-way on west side of 158 Business,
Short-range
using parallel parking on Hayman Street.Renourish
and revegetate dunes to recommended height. Construct
timber ramp over renourished dune for emergency/
'
Chowan Street
commercial fishermen vehicles.
Develop parallel parking on west side of business
Short-range
highway. Renourish and revegetate dune. Restrict
use of vehicles on dune. Construct pedestrian catwalk.
Helga Street
**Develop parallel parking on west side of business
Short-range
highway. Establish handicapped parking on paved
portion east of the highway. Restrict vehicles.
Construct ramp adequate for handicapped. Renourish
duneto recommended height.
Arch Street Utilize minimum parallel parking on west side of Long-range and
business highway. Restrict activity to pedestrian short-range
use by constructing catwalk. Fill car path with
' sand material and'revegetate to natural height.
** Handicap facilities should be provided for purposes of visual recreation and access.
Special catwalk adaptations should be constructed for handicap persons to visually
have access to the oceanfront.

1
LEGAL TOOLS FOR PRESERVING,
PERFECTING ANIL ACO,Ii PIG 131?^CD ACCESS
To this date, the most complete gathering of North Carolina
laws dealing with beach access is David Brower's, Access to the
Nations Beaches: Legal and Planning Perspectives. Chapter five of
this publication deals specifically with tools for acquiring beach
access., The following discussion is based on information taken
from this chapter.
The majority of access problems are results of patterns of
' beach ownership overlapped by the public's right to the beach. In
many communities, access problems can be substantially alleviated
' by perfection and preservation measures which involve discovering
who currently has rights of access and use, and then acting
accordingly. These generally will be less costly than outright
' acquisition measures, easier to implement, and quicker to bring
about. ,
The basic problem remains; more access is needed in appropriate
locations to increase the amount of beach available to the public.
Means of obtaining access can be classified within three general
' approaches: (1) legislation, (2) perfection and protection of
existing access, and (3) acquisition of new accessways.
' Legislation can simplity the task of access acquisition, but
should not be considered essential to any beach access program.
Adequate legislative authority already exists in most jurisdictions
in the U.S. to facilitate the use of at least some acquisition
strategies. Perfection and preservation measures as discussed
' above should provide the groundwork for an-y beach access, program.
2J

' fliis simple means that any program should begin with full knowledge
of the existing situation and a solid legal base. To increase the
' amount of beach access available to the public, acquisition
strategies will generally be required. Many of the tools for ac-
quiring access involve the application of general property law
concepts to a beach access context. Many can and should be used
in concert to most effectively acquire increased public access.
It is anticipated that the use of acquisition tools will form the
' care of most access programs. The selection of tools will depend
upon a variety of factors, including local circumstances and access
' needs, existing legal authority, and available resources.
' Legislation
The legislative approach to access acquisition involves the
statutory establishment of public rights to beach utilization and
access, or evidentiary presumptions which favor public rather than
' private use.
The legislative approach to the acquisition of beach access
is exemplified by the Texas Open Beaches Act. The statute is pre-
dicated upon the right of the public to free and unrestricted use
and enjoyment of the beach. The Act creates a presumption that the
'
public enjoys a prescriptive easement to use the area between the
' mean low tide and the line of oceanfront vegetation, or if there is
none, the line two hundred feet landward of the mean low tide.
fHowever, it does not create a right or presumption for the public
to cross the uplands landward of the vegetation to reach the beach.
' Other states considering legislative islative solutions to the access problem
' might consider incorporating presumptions to the public's right to
use the uplands, as well as the clog purPoses.
,24

' In North Carolina, public rights of use and access have been
established only in the foreshore. Legislation establishing a
presumption of public rights of access over use of the dry -sand and
uplands (through private property) would be useful in North Carolina
to help effectuate more public access. Yet, in North Carolina,
' legal authority for a wide variety of acquisition tools currently
exists.
11
2S

' Perfection and Protection of Existing Title and Access
In many coastal communities, there exists a large number of
' accessways which the public would have a legal right to use
given requisite prior action by city and county governments. Some
' of these accessways are currently in use by the public for pur-
poses of beach access others are not. In either case, the types
of accessways under discussion involve those in which the public
' has title or can acquire title with relatively minimal effort.
In a beach access context, perhaps the most useful protection
and preservation tools are the erection of signs identifying
public accessways and public maintenance of accessories.
The search for titles and an inventory of existing and po-
' tential access areas is a necessary means for discovering which
areas the town can be used as accessways. The specific tools
' employed to preserve and protect access will depend upon the
' particular defects in titles. The drawback to preservation
and perfection is that it alerts landowners to the option of
' withdrawing public access by withdrawing dedications. The
recent controversy over acquiring access at Holden Beach resulted
' in a net loss of public beach access.
' Perhaps the most visible current application of preservation
and perfection techniques can be seen at Carolina Beach, where
' public accessways are marked and maintained by the municipality.
Such actions by local government can both preserve/perfect public
' rights of access and inform the public as to the location of
' public accessways and maintained beaches.
' 26

'
Such actions can serve
a variety of purposes.
For example,
the dedication of subdivision
streets is contingent
upon acceptance
'
by the appropriate city or
county government. Such
acceptance is
also required for dedicated
alleyways, which may be
platted or
'
otherwise offered to local
government. Although express acceptance.
' is one method to ensure that a legal dedication has in fact
occurred, withdrawal of the dedicated streets and alleyways is
' still possible if the local government fails to use the dedicated,
property in some active manner. Maintenance has been held not
' only to constitute an acceptance of an offer to dedicate by impli-
cation, but is also sufficient to'defeat any efforts to withdraw
dedicated land. Accordingly, where dedicated roads, right-of-ways,
' or alleyways can be used.to afford public access to the beach,
local governmental maintenance of these areas, such as marking
these areas with signs and providing waste receptacles and similar
litter clean-up services, will both perfect and preserve the
public's right to use these areas for beach access purposes.
Acquisition of Access
In acquisition of access areas for public use many techniques
can be used that include purchasing, donation, establishment via
litigation, and application of land use control mechanisms.
' Access acquisition can be very expensive. It is often a slow
process for the local government.
' Access by the purchase of Fee Simple Title is the most
direct means of acquiring access. This is the most expensive
tool used. Through governmental programs several states have
27

purchased segments or whole islands for public use. For North
Carolina's application in use of this tool, the general authority
to acquire interest in real property is granted to North Carolina
counties and municipalities in N.C.G.S. 153A-158 and 160A-11. More
specifically, N.C.G.S. 15A-444 and 160A-353 authorizes local
governments to purchase property for parks and recreational pur-
poses. In addition, the state government is authorized to pur-
chase property under N.C.G.S. 146-22.1. Especially inasmuch as
purchase of property for purposes of providing public access to
the beaches would undoubtedly constitute a public purpose as con-
strued by the courts, there should be no legal impediments to the
use of this tool for purpose of acquiring access.
Acquisition in Fee by Gift can be a form of acquisition by the
simple fee, where donation of land for public purposes can be used
in the recruiting of property for access. Possibly the main
reason charitable donations of land are not more common across
the nation is that it does not occur to public officials to ask.
Many cases in landownership cannot for some reason simply be given
away, so, the aspect of a bargain sale is used in the purchase price.
Acquisition of Less Than Fee Interest is another means by
which access can be obtained: Less than fee acquisition, involves
the granting by the property owner of a limited right or set of
rights to a second party. As a result, the property owner continues
to hold the title to the land and is.free to use the land in any
manner which is consistent with the rights conveyed to the acquiring
party. There are four individual ways of acquiring land by less
than fee interest.
28

' 1. Purchase of Easements
2. Prescriptive Easements
3. Conservation Easements
4. Leaseholds
An easement is the right to use someone else's land in some
specifically designated manner. Easements used as a tool for
acquiring access are regarded like the purchase of fee simple
title. Landowners may grant such purchases because of the tax
advantages involve the potential ability to avoid paying
capital gains tax on the income derived from the sale of the
easement. In the case of access easements, owners of beachfront
property may be induced to sell easements if their property can
be revalued for taxation purposes. The local town could use ease-
ments to provide access between parking facilities and the beach
or to reach the beach without disrupting existing beachfront land
' use. In the purchasing of easements for access in North Carolina,
counties and municipalities are authorized to acquire easements
1 "in order to preserve through limitation of their future use of
open spaces in areas for public use and enjoyment". North
Carolina also allows for revaluation of property for taxation
purposes by the landowner who grants an easement in his property.
The prescription
of easements, generally speaking, refers to
the process where one
person obtains the
right to use another
person's land in some
specified manner.
Title remains with the
original landowner.
However, because of
the continued use of
'
the landowner's land
by some other party,
the law recognizes that
party's right to continue
that use.
29

tPrescriptive easements for access can also be established
at the municipal level where there are beaches that local
' residents customarily use and hLive used for a requisite number
' of years. In such beach areas exist, the public may also be
able to acquire via prescription, the right to use the dry -sand
and uplands area for recreational purposes. The public may also
be able to acquire by prescription the right to park vehicles
in specified areas adjacent to paths leading to the beach.
Conservation Easements can be secured for access where the
landowners convey the easement to a governmental entity or an
authorized private organization. This type of easement is a
preservation technique.
In a beach access context, the most likely application for
1 conservation easements involve large tracts of property which
have not yet been developed. The conditions of the easement
contract should be very specific to the use of the land.
The final means of acquisition by Less Than Fee Interest is
through Leaseholds. Leaseholds are generally -referred to as a
1 lease agreement between two parties. While leases are most
frequently utilized as a legal instrument for the renting of
buildings and structures (e.g. apartments, stores, offices, etc.),
they can be applied to any number of other uses including the
provision of farming rights, public fishing and hunting rights on
private lands, and public access rights across someone's property.
In North Carolina, Leaseholds can be authorized to provide
beach access by North Carolina General statute 160A-11 for local
towns and by 113A-135 for the Land Conservancy Corporation.
1 30

Immediate needs for access can be served by leased access while
long range plans are being developed.
Other Means of Ac
quisition
' Some other means of acquisition of land are:
1. Eminent Ibma i?1
2. Implied Ibdication
3. Trades
' 4. Implied Ibservation
S. Post Flood Damage Acquisition
Eminent Ibmain is the process where governmental entities can
' gain property owned privately in exchange for compensation even
if the owner wishes not to sell. The use of eminent domain can
I be used for beach access in two ways. T purposes y he first way
1
is very expensive where property can
be acquired by condemning
areas such as parks, highways, etc.
Eminent domain by condemning•
property easements is the best resource
for purposes of access.
In N.C.G.S. 160A-241 cities and towns
are authorized to exercise
powers of eminent domain, and may acquire
fee or lesser interests
in property. Ibcreational easements
are specifically provided for
in N.C.G.S. 160A-241(3). Also cities
are granted eminent domain
to open, extend, or improve streets,
alleys, sidewalks, and public
wharves in 160A-241(l).
Implied dedication of areas in subdivision
plans for the use
of roads, right-of-ways and beach access
is the major tool that
denotes the public's right to use areas designated as a public way.
Most streets and roads in North Carolina are dedicated public as.
an expressed dedication. The general public may have used this
area to the knowledge of the owner and c.onti�iiie, to use it over a
31

'
period of
time.
For example, if a purchaser buys land
that has
been used
for an
extended period of time by the public
for access
tpurposes,
and he
does not subsequently seek to prevent
such use,
it may be
argued
that the purchaser intended to donate
to the
public an
access
easement over his land.
Express dedication is applicable to those beachfront roads and
right-of-ways that have been expressly dedicated. Such roadways
already afford the public legal right of access. Accordingly, the
emphasis in express dedication is to discover (e.g. by title
search) and utilize existing dedicated roads and right-of-ways,
and to encourage the express dedication of new streets and right -
of ways.
There are two types of trades which may be used to acquire
access. The exchange of trade in land and, the exchange of access
rights for development or use modifications or for commitments
to assume maintenance responsibilities. Trades of land in North
Carolina are specifically expressed in N.C.G.S. 113A-135.
Where the state has previously owned a parcel of land used by
Ithe
public it is possible to argue that the grant from the state
to private reserved for the public's use an easement allowing use
of that land his action is representative of an Implied Peservation.
The National Flood Insurance Program can be used as an access
tool where loses have been incurred as a result of flooding. Under
the National Flood Insurance Act, the Federal Government is
authorized to purchase properties damaged substantially beyond
repair or where there is greater than 50 per cent damage incurred.
For example, when a structure built in a washover is damaged beyond
•�
32

repair; the property could be acquired, the land cleared and
used for access.
' band Use Controls
Through the use of certain land use controls provisions for
public beach access can be made. Each technique listed below
thas been used in North Carolina.
1. Ibquired Pedestrian Access
2. squired Dedication of PJads to Provide Access
3. Water Access Lots in New Subdivisions
Pedestrian access is afforded when provision is made for the
design of an accessway in a subdivision. The easiest method of
Irequiring pedestrian access is through a zoning ordinance for both
residential and commercial use. An example of such zoning can be
expressed through a requirement to include a public accessway of
not less than ten feet in width from a public roadway for each
development involving more than 600 feet of recreation resource
frontage.
required dedication affords public access to beaches b
q P Y
1 requiring the extension of roads or right-of-ways to the foreshore
and dedication of these roads to the public. Application of the
1 tool will normally involve three distinct requirements:
(a) The extension of all roads and right-of-ways not parallel
to the beach down to the foreshore.
(b) Public dedication of all such roads and right-of-ways not
parallel to the beach.
(c) Required public dedication of all other roadways in
beach -front subdivisions.
33

n
�J
The purpose of this tool is to provide vehicular and/or
pedestrian access, either to the foreshore itself or to a point
very near the foreshore, with pedestrian access on a dedicated right-
of-way down to the foreshore. Although only the first two elements
' listed above are required in order to provide this type of access,
in most situations practical considerations will mandate the third
element of requiring dedication of all subdivision roads.
Water access lots in new subdivisions is the final tool dis-
cussed which provides for accessway to the shoreline or beach.
In beachfront subidivisions, it may be possible to effectuate
dedication of a subdivision lot with either nominal or no cost to
the governmental body involved. The result can be achieved through
g Y
the use of what has been termed water access or a combination of
using water access lots in conjunction with eminent domain.
Water access lots, as used in North Carolina, refer to strips
' of property fronting a public street and having beach frontage as
well. Such lots are usually narrow and on the ground probably
indistinguishable from accessways. However, water access lots
are platted as lots, and accordingly are not construed to be part
of any roadway system.
The method of providing public access by use of water access
lots involves two steps. The first is to require, by subdivision
control ordinance, that in any beachfront subdivision development
containing interior lots (i.e., without beach frontage), water
access lot(s) be provided for the benefit of the interior lot
owners. In other words, the requirement provides for access for
the entire subdivision, but not the public. The ordinance can
1 34

require that each water access lot either be
dedicated to the
public or transferred in fee to the interior
lot owners.
If dedication is made to the public, and
accepted by the
appropriate governmental authority, then the
public has acquired
the right of access across the water access
lot to the beach.
However, if the subdivision owner chooses to
transfer title of
the water access lot(s) to the interior property
owners, the
public at large still has no right to use that
(those) lot(s)
unless the land is either purchased or taken
by eminent domain.
r
35

11
1
fl
11
1
I
PROSPECTIVE FUNDING SOURCES
FOR BEACH !1CCESSWAYS
National Oceanic and Atmospheric Administration
Under the Coastal Zone Manapement Act of 1972, Section 315(2),
the Secretary of Commerce may make grants to any Coastal State for
the purpose of acquiring lands to provide for access to public
beaches and other public coastal areas of environmental, recrea-
tional, historical, esthetic, ecological, or cultural value, and
for the preservation of islands. The amount of any such grant shall
not exceed 50 percent of the cost of the project involved; except
that, in the cost of acquisition of any estuarine sanctuary, the
federal share of the cost thereof shall not exceed $2,000,000.
Under this section there is presently no amount of money appro-
priated for this program to award the states and local governments.
The current administration has not endorsed this program because
it is similar to other programs in existence.
(This section 315(2) is not listed within the Federal Catalog
of Domestic Assistance.)
Department of the Interior
Land and Water Conservation Fund. This source provides monies
for acquisition of land for federally administered parks and match-
ing grants for state planning of recreation, and state or local
land acquisition of development. The LAWCON is managed by the
Heritage Conservation and Recreation service and can provide a
program for acquisition and development grants which may be used
for projects to support and access facilities for public projects.
36

11
u
1
1
This is perhaps the best way to acquire and develop land providing
that the eligibilities are met by the local government.
Outdoor Recreation Technical Assistance. Also under the
Heritage Conservation and Recreation Service is an agency for
advisory and counseling service. This agency is not for an acqui-
sition program,'but is useful in planning, developing, financing,
and managing outdoor recreation activities. Technical assistance
is also given to local and state governments relating to applications
for federal surplus property for public parks and recreation in the
Federal Surplus Real Property Program. Anyone engaging in conduct-
ing outdoor recreation programs may receive assistance or information.
The Technical Assistance Program also aids local and private
interests in order to obtain private contributions of land or money,
and support for public recreation areas, facilities and programs.
Contributions may include donations of cash, land, facilities,
leases and easements or bargain sales. Also, where private interests
have potential resources, a contract may be drawn up to make avail-
able areas or other resources to the public.
Finally, within the Heritage Conservation and Recreation Service
is the Surplus Property for Parks Program. Here Federal surplus
property can be discounted to state or local governments up to 100
percent. The law requires that deeds of conveyance to state or
local governments of surplus be maintained and used for public park
or recreational uses in perpetuity or it will be reverted back to
federal property. Any state or local government is eligible to
apply.
National Park Service. The Park Service is charged with pro-
viding for public enjoyment derived through recreational use of
37

available resources. Through
the National Park Service land owned
and
maintained for
recreation
may be used as a beach access. The
Park
Recreation
Technical
Assistance Program
and
allows any state
and
local units of
government
to apply for technical assistance.
This
assistance may
be for planning, developing, and managing their
'
park
and recreation
areas.
Department of Housing & Urban Development
Federal Flood Insurance Program. This program is only applic-
able after an occurance of loss due to disaster has damaged land
and properties which were insured. The damage must be substantially
beyond repair. Damaged land can be acquired by state or local
'
agencies for management and use, but must be used for at least forty
years as a single land use.
'
The major difficulty with Section 1362 is that as of June 1977
funds have never been appropriated to implement it. Administrators
are studying the feasibility of implementing this section as both
a valuable flood plain management tool and as a means of insurance
recovery.
Another possible access related use of The National Flood
1
Insurance Act arises from regulations which will require local
governments in identified erosion prone areas (yet to be determined)
to establish setback for all new development from the ocean, lake,
bay, river front or other body of water in order to create a safety
buffer or natural vegetation which will be appropriate for wildlife
habitats and open space purposes such as recreation. Program
administrators are presently developing prototype base maps to
delineate erosion -prone areas along the barrier islands, beaches
•� 38

and the Great Lakes. Bence this aspect of the Act could prove
beneficial to both beach access and island preservation.
Department of Transportation
Federal Highway Administration, Highway Research, Planning and
Construction. A portion of the enormous Federal -Aid Highway Program
' may be directed to roadside beautification, recreation (including
access roads to recreation areas), bikeways, pedestrian walkways,
fringe and corridor parking areas and rest areas. Since grants to
state and local agencies under this program are estimated at over
six billion dollars for FY 1977, even a very small fraction of this
can be significant to a particular project. DOT funds, it would
' seem, can be used for coastal highways and parkways, rest areas
including water access, and bicycle trails. It might be appropriate
for this liaison to take place on the state level.
Federal Aviation Administration, Airport Planning and Develop-
ment. The FAA provides technical and financial assistance to public
agencies for the planning and development of airports under its
Airport Development Aid Program (ADAP) and Airport Planning Grant
Program (PGP). The FAA also coordinates its airport planning with
the Department of Housing and Urban Development and with local
planning departments so that consideration is given to the use of
' land surrounding airports for park and recreation facilities. The
FAA encourages such consideration because recreational uses are
among the few uses compatible with airport operations.
1
39

L
' ENVIRONMENTAL IMPACT ASSESSMENT
For The
' KILL DEVIL HILLS BEACH ACCESS PLAN
Project Description
This plan identifies and makes recommendations for development
of public shoreline access areas in the Town of Kill Devil
Hills. Short range, intermediary and long range recommenda-
tions for development of 30 access areas have been made.
However, each access area in the plan will require specific
environmental considerations prior to development.
' Probable Environmental Impact of Proposed Action p p
' A. Air Quality - In the development stage, gasses and other
emissions from passenger vehicles and asphalt paving
machines would be omitted. These emissions would be
largely temporary in nature and no appreciable impact
on the environment is anticipated.
B. Water Quality - The proposed projects will not affect
water quality. During the construction phase, measures
will be taken to minimize siltation and soil erosion.
C. Noise - Noise levels will be increased temporarily at a
few selected sites during construction and maintenance.
Normal noise levels will return after development.
D. Solid Waste - Only normal patterns of solid waste will
be anticipated. The sites should be equipped with
proper containers where the public can remove the
rubbish from the beach to the container stationed at
each developed parking area.
40

11
I
11
1
E. Demand on Utilities - Utilization of street lights may
be needed for public safety at the developed parking
areas.
F. Aesthetics - The proposed plan for the development of
the accessways will provide an area which is aesthetic-
ally compatible with the surroundings and adjacent
structures.
G. Ecological Balance - It is anticipated that the habitat
of wildlife and botanical resources will not be affected
if development occurs. Development may enhance this
environment since efforts will be made to reseed dunes
and control erosion. In any case, any detrimental
effects will be minimal.
H. Land -Use - Sites, if developed, are located in single-
family and multi -family residential areas and would
not conflict with local ordinances and land use plans.
All development must also be consistent with the Coastal
Area Management Act Program and Department of Transpor-
tation requirements.
I. Historic Resources - It is anticipated that no historic
sites will be disrupted should development occur.
Specific assessments may be required prior to
construction.
J. Socio-Economic Balance - No disruption to the established
community or displacement of people will be required.
The projects, once completed, will enable all socio-
economic groups to utilize the public trust areas.
11
41

C�
' K. Recreational Areas - Temporary closure of a few develop-
able accessways may be required during construction;
however, accessibility to the beach will be made
available through the provision of other access areas.
L. Dunes and Ocean Hazard Areas - These areas will be
' revegetated. All development of parking and accessi-
bility will be regulated through the CAMA program.
Vehicular traffic will be restricted to specific areas
as called for in Sections 10-37 and 10-38 of the Town
Ordinances.
Adverse Environmental Effects Which Cannot Be Avoided
As stated previously, there will be some temporary disturbances
during the construction phase at certain sites. This includes
the disturbances associated with clearing and grading activ-
ities. Accepted and required construction practices will keep
this impact at minimum levels. All excavated or disturbed
' areas will be landscaped, seeded and developed in such a
manner as to minimize adverse effects. The evaluation of the
' development areas indicates that there will be no sacrifice
or danger to human health or safety. Aesthetics, culturally
valuable surroundings, standards of living and other aspects
of life will not be adversely effected.
Alternatives to the Proposed Project
Accessway areas are being proposed in this plan for develop-
ment. Certainly, only a few may be developed in the next
five years. In selecting these sites, recommendations have
' been made in this plan which have the least adverse impact
1 42

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
on the environment or the aesthetics of the surrounding
area.
An Additional alternative is no action or deferral of the
project. The North Carolina State Government has stated
that it is the local governments' responsibility to provide
"reasonably adequate public access" to their beach areas.
If this is not achieved then future beach erosion projects
will not be funded to the local government.
Inventory of All Irreversible and Irretrievable Commitments
of Natural Resources
No impacts are anticipated which would curtail the diversity
and range of uses of the environment.
43