Shoreline Access Plan-2001

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TOWN OF KURE BEACH
SHORELINE ACCESS PLAN
DECEMBER, 2001
Prepared By.
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.

TOWN OF KURE BEACH
SHORELINE ACCESS PLAN
DECEMBER, 2001
Prepared By:
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided bythe North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.

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TOWN OF KURE BEACH
SHORELINE ACCESS PLAN
TABLE OF CONTENTS
PREFACE........................................................................ i
I. INTRODUCTION......................................................... 1
A. Purpose................................................................... 1
B. Goals and Objectives........................................................ 1
II. STATE SHORELINE ACCESS STANDARDS .................................
A. U.S. Army Corps of Engineers Shoreline Access Standards .........................
1. Public Use ..........................................................
2. User Fees...........................................................
3. Parking.............................................................
4. Access..............................................................
5. Beach Use by Private Organizations ......................................
6. Public Shores with Limitations ..........................................
7. Improvements for Recreation ...........................................
B. State of North Carolina Shoreline Access Standards ...............................
1. Local Access Sites ....................................................
2. Neighborhood Access Sites ............................................
3. Regional Access Sites .................................................
4. Multi -Regional Access Sites ............................................
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III. IDENTIFICATION OF EXISTING BEACH ACCESS FACILITIES ............... 6
IV. RECOMMENDED IMPROVEMENTS FOR SHORELINE ACCESS ............. it
A. Additional Access Sites ..................................................... 11
1. Davis Beach Road to Stormy Petrel Court ................................ 11
2. Hanby Avenue to Avenue N.......................................... 15
B. Improvement of Existing Public Beach Access Sites .............................. 18
C. Public Restroom Facilities ...... .......................................... 18
D. Remote Parking Facilities and Loading/Unloading Zones ......................... 22
1. Town Hall Parking Lot ............................................... 22
2. Loading/Unloading Zones along Atlantic Avenue ......................... 22
3. New Parking Areas Between Davis Beach Road and Stormy Petrel Court,
and Hanby Avenue and Avenue N...................................... 22
E. Litter Control............................................................. 23
V. ACQUIRING FUTURE ACCESS SITES ...................................... 24
A. Direct Acquisition......................................................... 24
1. Purchase........................................................... 24
2. Donation.......................................................... 25
3. Dedication......................................................... 25
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VI. POTENTIAL FUNDING SOURCES FOR
SHORELINE ACCESS IMPROVEMENTS ................................... 26
A. Public Beach and Coastal Waterfront Access Grant Program ....................... 26
B. Local Funding Sources ...................................................... 27
1. New Hanover County Room Occupancy Tax ............................. 27
2. Parking Fees ........................................................ 28
VII. RECOMMENDATIONS................................................... 29
A. Phase I - Two -Year Shoreline Access Improvements (FY2001-02 - FY2002-03) ....... 29
B. Phase II - Five -Year Shoreline Access Improvements (FY2002-03 - FY2007-08) ....... 30
C. Phase III - Ten -Year Shoreline Access Improvements (FY2002-03 - FY2013-14) ...... 30
D. Action Plan ............................................................... 31
VIII. COST ESTIMATES....................................................... 31
TABLES
Table 1 Analysis of Kure Beach's Shoreline Access Site Needs ................. 5
Table 2 Town of Kure Beach Beach Access Points Site Details ................ 10
Table 3 Vacant Parcels Between Davis Beach Road and Stormy Petrel Court ..... 12
Table 4 Vacant Parcels Between Hanby Avenue and Avenue N ................ 15
MAPS
Map 1 Town of Kure Beach Existing Conditions and Proposed Beach Access
SiteImprovements ............................................. 7
Map 2 Town of Kure Beach - Potential Access Sites Between Davis Beach Road
andStormy Petrel Court ......................................... 14
Map 3 Town of Kure Beach - Potential Access Sites Between Hanby Avenue and
AvenueN.................................................... 17
FIGURES
Figure1 Parking Plan - "J" Avenue ....................................... 19
Figure 2 Parking Plan - "G" Avenue ...................................... 20
Figure 3 Parking Plan - "I" Avenue ....................................... 21
APPENDICES
Appendix I State Shoreline Access Standards and State Parking Legislation
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PREFACE
' The purpose of any long-range plan is to provide a community with guidance for future development,
in a way best suited to maintain or improve the quality of life of the residents who live in that
community. It is a document which outlines what a town desires to accomplish two, five, ten, or even
' twenty years into the future. This document can be as extensive as an overall future land use plan, or
as specific as a parks and recreation plan, a transportation plan, or a shoreline access plan.
' In July 2001, the Town of Kure Beach received a Local Planning and Management Grant from the
North Carolina Division of Coastal Management for the creation of a shoreline access plan. The
' purpose of this plan is to improve shoreline access within Kure Beach through the provision of
additional access sites and the improvement of existing access sites.
' Acommon question being asked by many members of the community is, Why dovenxdashadiruaam
plad In order to answer this question, it is important to first answer the question of why do we need
to plan. Planning is about understanding the needs of your communityand leaming how to best address
' these needs. Participation in the planning process serves to educate us about ourselves, our attitudes
towards others, and our willingness to share a sense of community.
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The Town of Kure Beach is a beach communitywhich experiences a large influx of visitors and seasonal
residents during the spring and summer months. The town needs a shoreline access plan in order to
best manage the large numbers of beach users and help alleviate the impact these visitors have on the
community. By pre -planning such ideas as where visitors should access the beach, and where visitors
should park their cars while they are visiting the beach, the town will be better able to deal with the
problems that are associated with a large number of visitors to their community. Some of these
problems are: haphazard parking, traffic congestion near popular beach access sites, and visitors
trespassing on private property in order to reach the beach.
There are also economical reasons for the creation of a shoreline access plan in the Town of Kure
Beach. Public beach access is a requirement of the Beach Renourishment Program which is managed
by the US Army Corp of Engineers. The town is dependent on these funds for beach maintenance in
the form of planting sea grass and adding sand to the beach to counteract the effects of erosion on the
shoreline. With the adoption of this plan, the town shows a commitment to improving the level of
public beach access sites it provides to its residents andvisitors, thus improving its chances for receiving
funding under the Beach Renourishment Program.
Additionally, a shoreline access plan supports the Public Beach and Coastal Waterfront Access Grant
Program, which is administered by the Division of Coastal Management. In August 2001, the Town
of Kure Beach received a grant from the Division of Coastal Management to improve three existing
beach access sites located at Avenues G, I, and J. The Division of Coastal Management encourages the
town to applyfor additional funds under this grant program for the improvement of other access sites.
The town will increase its chances of receiving funds a second time, by both adopting this shoreline
access plan and completing the improvements which were approved in August 2001, under this grant
' program.

The adoption of this shoreline access plan is important to the Town of Kure Beach because, according
to state law, the beaches along the North Carolina coast are public; thus, all residents and visitors have
the right to use them It is the obligation of the Town of Kure Beach to provide access to the beach '
for both visitors to the area and its own residents who are not fortunate enough to live along the beach.
By having in place a long-range plan which addresses the issue of beach access, the town will be able
to best provide for their residents. '
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I I. INTRODUCITON
' A. Purpose
The purpose of this plan is to identifythe shoreline access needs of the Town of Kure Beach's residents
and guests. This plan will provide the town with a comprehensive guide for meeting those needs.
Specifically, this plan includes an identification of existing facilities, a comparison of the existing Kure
Beach access sites to the State of North Carolina beach access standards, an identification of existing
access deficiencies, and recommendations on how to meet future shoreline access needs.
In growth impacted areas such as the Town of Kure Beach, real estate for shoreline access and
recreation is often at a premium and needs to be acquired in advance before the land is lost to
development. As a result, this plan will also provide a general delineation of potential properties for
' acquisition and/or development. Emphasis will be placed on acquiring property located along the
shoreline to be used for the provision of new beach access sites.
This plan was partially funded through the Local Planning and Management Grant Program
administered by the North Carolina Division of Coastal Management.
B. Goals and Objectives
The Kure Beach Shoreline Access Plan is intended to respond to the following goals and objectives:
Develop a shoreline access plan which will be consistent with the town's FY1997 CAMA Land
Use Plan Update.
Establish a shoreline access plan which is supportive of 15A NCAC 7M.0300.
Establish a shoreline access plan which is supportive of AEC protection.
Coordinate the Town of Kure Beach Shoreline Access Plan with New Hanover County
shoreline access planning efforts.
Assess the need for on -street and off-street parking facilities at shoreline access sites.
Assess the need for remote parking facilities within the Town of Kure Beach.
Establish priorities for acquisition and development of future shoreline access sites.

II. STATE SHORELINE ACCESS STANDARDS
Both the US. Army Corps of Engineers and the State of North Carolina have established shoreline
access standards. In order for a community to be eligible for participation in federal beach
renourishment projects, the US. Army Corps of Engineers standards must be met. But in order to be
eligible for state -sponsored funds for the improvement of existing access sites or construction of new
access sites, a community must show that it is working to achieve the state recommended standards.
Shoreline Access Standards for both the US. ArmyCorps of Engineers and the State of North Carolina
will be discussed. For the purposes of this plan, recommendations for future shoreline access needs will
be based on the State of North Carolina standards. In most cases the requirements of the state are more
stringent than those of the U.S. Army Corps of Engineers, and thus by meeting the state standards a
town will be going above and beyond the requirements of the US. Army Corps of Engineers.
A. U.S. Army Corps of Engineers Shoreline Access Standards
Federal participation in beach renourishment projects carries certain requirements which are
administered bythe US. Army Corps of Engineers. These include the following: public use, user fees,
parking, access, private organization, use limitations, and improvements for recreation.
1. Public Use
Public use is a condition for Federal participation in hurricane, abnormal tidal, or lake flood
protection projects. Current shore erosion control law provides that "Shores other than public
(Le., privatel), owned) will be eligible for Federal assistance if there is a benefit such as that
arising from public use..." In the case of beaches used for recreation, public use means use by
all on equal terms. This means that project beaches will not be limited to a segment of the
public. Unless the protection of privately -owned beaches is incidental to protection of public
beaches, they must be open to all visitors regardless of origin or home area, or provide
protection to nearbypublic propertyto be eligible forFederal assistance. Items affecting public
use are discussed below.
2. User Fees
Areasonable beach fee, uniformlyapplied to all, for use in recoveryof the local share of project
costs is allowable. Normal charges made by concessionaires and municipalities for use of
facilities such as bridges, parking areas, bathhouses, and umbrellas are not construed as a charge
for the use of the Federal beach project, if they are commensurate with the value of the service
they provide and return only a reasonable profit. Fees for such services must be applied
uniformly to all concemed and not as a prerequisite to beach use.
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1 3. Pam
' Lack of sufficient parking facilities for the general public (including non-resident users) located
nearby and with reasonable public access to the project will constitute de facto restriction on
public use, thereby precluding eligibility for Federal participation. Generally, parking on free
' or reasonable terms should be available within a reasonable walking distance of the beach.
Street parking is not considered acceptable in lieu of parking lots unless curbside capacitywill
accommodate the projected use demands. Parking should be sufficient to accommodate the
lesser of the peak hour demand or the beach capacity. In some instances, State and local plans
may call for a reduction in automobile pollutants by encouraging public transportation. Thus,
' public transportation facilities may substitute for or complement parking facilities. However,
reports which consider public transportation in this manner must indicate how the public
transportation system would be adequate for the needs of projected beach users. In computing
' the public parking accommodations required, the beach users not requiring parking should be
deducted from the design figure.
' 4. Access
Reasonable public access must be provided in accordance with the recreational use objectives
of the particular area. However, public use is construed to be effectively limited to within one -
quarter mile from available points of public access to any particular shore. In the event public
' access points are not within one-half mile of each other, either an item of local cooperation
specifying such a requirement and public use throughout the project life must be included in
project recommendations or the cost sharing must be based on private use.
5. Beach Use by Private QWnizations
' Federal participation in private shores owned bybeach clubs and hotels is incompatible with the
intent of the P.L. 84-826 if the beaches are limited to use by members or paying guests.
' 6. Public Shores with Limitations
' Publicly. owned beaches which are limited to use by residents of the community or a group of
communities are not considered to be open to the general public and will be treated as private
beaches.
' 7. Improvements for Recreation
1 Improvements to enhance the recreational value of shore protection projects such as
bathhouses, access roads, toilet facilities, and parking areas are a local responsibility. Provision
of those facilities is not eligible for Federal assistance through the Corps programs, and costs
for those facilities are not ordinarily included as project costs.

If a community has made a good faith effort to provide public shoreline access and associated parking,
the US Army Corps maybe "flexible" in its application of these requirements.
B. State of North Carolina Shoreline Access Standards
The public has traditionallyhad access to freelyuse and enjoythe ocean, the beaches, and the estuarine
and public trust waters which make up the coastal regions of North Carolina. It is the responsibility of
the State of North Carolina to ensure continuous access to these resources. Therefore, the State has
adopted a policywhich will foster, improve, and provide optimum access to the public for the beaches
and waters of the 20-county region protected by the Coastal Area Management Act (CAMA). The
access provided under these grants shall be consistent with the public rights of private property owners
and the concurrent need to protect important coastal natural resources such as sand dunes and coastal
marsh vegetation.
The State created the Public Beach and Coastal Waterfront Access Program (PBCWAP) forthe purpose
of acquiring, improving, and maintaining waterfront recreational property at frequent intervals
throughout the coastal region for pedestrian access to important public resources. The North Carolina
Administrative Code (NCAQ 7MSection.0303 provides the following standards as guidelines for local
governments in the provision of public access.
Public Bead) Access Sites
Local/Neighborhood Access Sites — one per block in the community;
Regional Access Sites — one per locality or one per four miles, whichever yields
the most public access;
Multi -Regional Access Sites — one per Barrier Island or one per 10 miles
whichever yields the most public access.
The State provides the following definitions for the various categories of access sites referred to above:
1. Local Access Sites
Local access sites are defined as those public access sites which offer minimal or no facilities.
These sites are primarilyused by individuals who reside within a few hundred yards of the site.
Generally, these access sites are a minimum of ten feet in width and provide only a dune
crossover or pier, litter receptacle, and public access signs. Vehicle parking is usually not
available at these access sites. However, bicycle racks maybe provided
2. Neighborhood Access Sites
Neighborhood access sites are defined as those public access sites which offer a dune crossover
or pier, litter receptacles, public access signs, and a parking area large enough to hold five to
twenty-five vehicles. In addition, restroom facilities may be installed. These access sites are
typicallyfortyto sixtyfeet in width and are primarilyused by individuals who reside within the
immediate vicinity of the site.
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' 3. Regional Access Sites
' Regional access sites are often large in size and offer a variety of amenities. These sites are
designed to serve the public of an entire island or community, including dayvisitors. These sites
normally contain a dune crossover or pier, litter receptacles, public access signs, a parking area
' large enough to hold twenty-five to eighty vehicles, foot showers, and restroom facilities. It is
also recommended that when possible one-half acre of open space, in addition to all required
setback areas, be provided for buffering, day use, nature study, or similar purposes.
4. Multi -Regional Access Sites
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Multi -regional access sites are larger than regional access sites but smaller than state parks. Such
facilities maybe undertaken and constructed with the involvement and support of state and local
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govemment agencies. Multi -regional sites provide a parking area large enough to hold a
minimum of eighty and a maximum of two hundred vehicles, restrooms with indoor showers
and changing rooms, and concession stands. It is also recommended that when possible two
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acres of open space, in addition to all required setback areas, be provided for buffering, dayuse,
nature study, or similar purposes.
tThe
Town of Kure Beach presentlyprovides 19 public access sites. Table 1 provides a summary
of the existing public shoreline access needs based on the state standards.
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Table 1
Analysis of Kure Beach's Shoreline Access Site Needs
'
Public Beach Access Sites State Guideline Recommended Existing
Local/Neighborhood 1 per block 29 19
Regional 1 per locality or 0 0*
1 per 4 miles
Multi -Regional 1 per barrier island or 0 0**
1 per 10 miles
Note: Based on 2.92 miles of oceanfront shoreline.
Regional access sites exist at Carolina Beach on Hamlet Avenue, at Fort Fisher near the
Aquarium, and at Snow's Cut Park With the existence of these three regional access sites in
close vicinityto Kure Beach, one is not needed in the Town of Kure Beach.
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Source: CAMA Shoreline Access Standards and Holland Consulting Planners, Inc.
** There are no multi -regional access sites within the Town of Kure Beach. With the existence
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of three regional access sites in close vicinityto Kure Beach and the lack of a site large enough
for the construction of a multi -regional access site, one is not needed in the Town of Kure
Beach.

III. IDENTIFICATION OF EXISTING BEACH ACCESS FACILITIES
The Town of Kure Beach has approximately miles of shoreline access to the Atlantic Ocean within
its planning jurisdiction. Along this 3-mile stretch, there are currently 19 public beach access sites. This
includes nine local access sites, eight neighborhood access sites, the fishing pier at Avenue K, and an
emergency vehicle access site at Davis Beach Avenue. There is no regional access site in the Town of
Kure Beach. The nearest regional access sites are located at Carolina Beach on Hamlet Avenue and at
Fort Fisher near the Aquarium.
In addition to the 19 public access sites, there are six private access sites owned and maintained by the
Homeowners' Associations of the following subdivisions: Kure Beach Village, Kure Dunes, Kure by
the Sea, the Point at Kure Beach, Fort Fisher Estates, and Sea Watch at Kure Beach.
Most of the existing public beach access sites were improved to their existing standard between 1997
and 1998 as part of the Army Corps of Engineers Beach Renourishment Program. The following is a
detailed identification of the existing beach access sites in the Town of Kure Beach. Map 1 shows the
location of each of the 19 access sites.
Site No. 1: Ocean View Avenue (local). Access is provided byNorth Fort Fisher Boulevard, site
is located across from Ocean ViewAvenue. This site is a local access site, containing onlya wood dune
crossover for use bypedestrians. There is a bike rack at the site. The uses on either side of this access
site are residential.
Site No. 2: North of Atmospheric Test Site (local). Access is provided by North Fort Fisher
Boulevard across from Sea Watch Estates residential development. This site is a local access site
containing only wood dune crossover. There are duplexes on either side of the access site and a small
gift shop across North Fort Fisher Boulevard.
Site No. 3: South of Atmospheric Test Site (local). Access is provided by North Fort Fisher
Boulevard across from Spotter's Court. This is a local access site containing only a wood dune
crossover. The Kure Beach Atmospheric Testing Facility is to the north and single-family homes are
to the south and west across North Fort Fisher Boulevard.
Site No. 4: Avenue N (neighborhood). Access is provided byAvenue N. This is a neighborhood
access site with a wood dune crossover and an unimproved parking area at the south side of Avenue N
for approximately 7 to 10 cars. There is a signed handicap parking spot at this site but no space is
designated on the pavement. Single-family homes are located to the north and south of the site.
Site No. 5: Atlantic Avenue between Avenue M and Avenue N (local). Access is provided by
Atlantic Avenue, a one-waystreet. The site is located between Avenue M and Avenue N. This is a local
access site with only wood dune crossover which was donated to the Town of Kure Beach. There is
no development to the immediate north or south of the site, but single-family homes are located to the
west across Atlantic Avenue.
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Site No. 6: Avenue M (neighborhood). Access is provided at the end of Avenue M. This is a
neighborhood access site with only a wood dune crossover to the beach. There is no development to
the immediate north or south of the site, but there are multi- and single-family homes to the west of the
access site along Avenue M. In addition, there is on -street parking available on North Fort Fisher
Boulevard near this site.
Site No. 7: Atlantic Avenue between Avenue L and Avenue M (local). Access is provided by
Atlantic Avenue, a one-way street, between Avenue L and Avenue M. This is a local access site with
only a wood dune crossover which was donated to the Town of Kure Beach. There is no development
to the north or south of the access site but single-family homes are located to the west along Atlantic
Avenue.
Site No. 8: Avenue L (neighborhood). Access is provided byAvenue L and Atlantic Avenue byway
of the Kure Beach Pier. This is a neighborhood access site which is part of the Kure Beach Pier
complex. It contains a wood dune crossover and 7 to 10 parking spaces, including 2 handicapped
spaces, which are part of the Kure Beach Pier parking area. The crossover at this site was constructed
in 1998 and an aluminum railing was added in 1999 to make this site handicap accessible.
Site No. 9: Avenue K — Kure Beach Pier (neighborhood). This is the largest access site in Kure
Beach. The Kure Beach Pier runs from Avenue K to Avenue L. Access is provided byAvenue K and
Atlantic Avenue. This is a neighborhood access site containing fourwood dune crossovers, a boardwalk
with wood benches, an emergency vehicle access site, and an improved parking area with space for
approximately 80 cars, including five handicapped spaces. There are shops and restaurants along
Avenue K between Fort Fisher Boulevard and Atlantic Avenue, and a motel along Atlantic Avenue
between Avenue K and Avenue L.
Site No. 10: Avenue J (neighborhood). Access is provided byAvenue J. This is a neighborhood
access site. There is a wood dune crossover and a gravel unimproved parking area which appears to
have room for 12-15 cars. The Sand Dunes Motel is located to the north and multi -family rental
housing is located to the south.
Site No. 11: Avenue I (neighborhood). Access is provided by South Fort Fisher Boulevard; site is
located at the east end of Avenue I. This is a neighborhood access site. There is a wood dune crossover
and a gravel unimproved parking area. There is room for 16 to 18 cars in the parking area. In addition,
there are on -street parking spaces along South Fort Fisher Boulevard. Jim Ring Realty is located to the
north, a motel is located to the south, and single-family homes are to the west across South Fort Fisher
Boulevard.
Site No. 12: Avenue H (neighborhood). Access is provided by South Fort Fisher Boulevard; site
is located at the east end of Avenue H This is a neighborhood access site with a wood dune crossover
and a gravel unimproved parking area. This dune crossover is the only one in Kure Beach which has
stairs rather than a ramp to cross the sand dune. There is room for 7 to 10 cars at this site. In addition,
there are on -street parking spaces available on South Fort Fisher Boulevard. There is a duplex to the
north, multifamily housing to the south and southwest, and a vacant lot to the northwest across Fort
Fisher Boulevard.

Site No. 13: Avenue G (neighborhood). Access is provided by South Fort Fisher Boulevard; site is
located at the end of Avenue G. This is a neighborhood access site with a wood dune crossover and
a gravel unimproved parking area. There is room for approximately 7-10 cars in the parking area. In
addition, there are on -street parking spaces available on South Fort Fisher Boulevard. There aresingle-
family homes to the north and a motel/rental rooms to the south.
Site No.14: Avenue F (neighborhood). Access is provided by South Fort Fisher Boulevard; site is
located at the east end of Avenue F. This is a neighborhood access site with a wood dune crossoverand
a gravel unimproved parking area. There is room for approximately 7 cars in the parking area. Kure
Beach Lutheran Ministries is located to the south, and single-family homes are located to the north and
west across South Fort Fisher Boulevard.
Site No.15: Avenue E (neighborhood). Access is provided by South Fort Fisher Boulevard; site is
located at the east end of Avenue E. This is a neighborhood access site with wood dune crossover and
a gravel unimproved parking area. This site is handicapped accessible with aluminum railings along the
dune crossover. There is room for approximately 10 can in the parking area. Single-family homes
surround this site.
Site No.16: Davis Beach Road (vehicle). Access is provided by South Fort Fisher Boulevard; site
is located across from Davis Beach Road. This is an emergencyvehicle access site. There is no parking
area at this site and several no parking signs are posted around the site. To the north and south of this
site, there is a vacant lot and then single-family homes.
Site No. 17: Stormy Petrel Court (local). Access is provided by South Fort Fisher Boulevard; site
is located across from StormyPetrel Court. This is a local access site with onlya wood dune crossover
between two condominium buildings. This site is located close to the Fort Fisher Military Base and
there are single-family homes to the west across South Fort Fisher Boulevard
Site No. 18: Assembly Avenue (local). Access is provided by South Fort Fisher Boulevard; site is
located across from Assembly Avenue. This is a local access site with only a wood dune crossover
between two condominium buildings. There are single-family homes to the west across South Fort
Fisher Boulevard.
Site No.19: Surf Rider Court (local). Access is provided by South Fort Fisher Boulevard; access site
is located across from Surf Rider Court. This is a local access site with only a wood dune crossover
between two condominium buildings. There is a concrete, CAMA signed, parking area to the west
across South Fort Fisher Boulevard with room for approximately 20 to 25 cars.
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IThe following table provides information on the dimensions of each of the nineteen access sites.
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Table 2
Town of Kure Beach
Beach Access Points Site Details
Site
Total Existing
Number
Site Name
Site Size
Parking Spaces
1
Ocean View Avenue
20' access easement
0
2
North of Atmospheric Test Site
15' access easement
0
3
South of Atmospheric Test Site
20' access easement
0
4
Avenue N
70' street right-of-way
7
5
Atlantic Avenue between
12' access easement
0
Avenues M and N
6
Avenue M
50' street right-of-way
8
7
Atlantic Avenue between
12' access easement
0
Avenues L and M
8
Avenue L
50' street right-of-way
75 (+ 5 handi-
9
Avenue K —Kure Beach Pier
90' street right-of-way- Ave. K
cap spaces)
50'street right-of-way- Atlantic Ave.
10
Avenue J
50' X approximately 170'*
6
11
Avenue I
90' X approximately 126'*
21 + 22 in
median
12
Avenue H
50' X approximately 100"
9
13
Avenue G
50' X approximately 95'*
8
14
Avenue F
50' X approximately 101'*
8
15
Avenue E
60' X approximately 100'*
14
16
Davis Beach Road
30' street right-of-way
0
17
Stormy Petrel Court
10' access easement
0
18
Assembly Avenue
10' access easement
0
19
Surf Rider Court
10' access easement
0
Total Parking Spaces
183
'The measurements for these six sites were taken from a survey conducted by Criser & Troutman
Consulting Engineers in November 2000.
Source: Holland Consulting Planners, Inc.
10

IV. RECONDvMNDED INTROVENIENTS FOR SHORELINE ACCESS '
There are five main areas in which the Town of Kure Beach needs to focus its efforts to improve its ,
beach access: the provision of additional access sites, the improvement of existing public beach access
sites, the provision of public restroom facilities, the development of parking facilities, and the creation '
of a litter control program. Each of these areas will be discussed in detail below, and suggestions on
implementing these improvements will be made.
A. Additional Access Sites
According to State standards, it is recommended that the Town of Kure Beach provide 29 shoreline '
access points along their shoreline. Currently, the town only has 19 sites located within their
jurisdiction. Therefore, it is necessary for new sites to be developed within the town. Map 1 shows
both the location of existing sites and proposed approximate locations for new sites. '
There are two areas of the Town of Kure Beach which are deficient in the provision of beach access '
sites. The first area is between Davis Beach Road and Stormy Petrel Court and the second area is
between Hanby Avenue and Avenue N.
1. Davis Beach Road to Stormy Petrel Court '
The fast area of Kure Beach which has the most need for additional public access to the beach '
would be the approximately3,200 ft (0.60 mile) stretch of shoreline between Davis Beach Road
and Stoney Petrel Court. Map 2 provides a look at this area. There are no public access sites
currently located within this area. By locating five new beach access sites and several new '
parking areas in this section of Kure Beach, it would help spread the beach users. There are 121
residential lots located within this area, of which 39 are currently vacant, and the Fort Fisher '
Military Base. Table 3 corresponds with Map 2 to provide details on the currently vacant lots
located within this area. This table provides the tax parcel id number, the address, the
approximate square footage, and the assessed tax value of each of the currentlyvacant lots. I
Within this area exist three easements, all of which are approximately ten feet in width. One of
the easements is already owned by the Town of Kure Beach and should immediately be '
considered for development as a local public access site (see Map 2). Additionally within this
area exists a drainage easement owned by the North Carolina Department of Transportation, '
and a private access easement owned by the Homeowners' Association of the Point at Kure
Beach subdivision.
It is recommended that the Town of Kure Beach develop the existing public easements into '
public beach access sites, and acquire vacant parcels of land or 10' easements for the
development of a total of five new public beach access sites in this area. By adding these new ,
access sites in this area of Kure Beach, it will help alleviate the concentration of beach users
which occurs on most weekends and holidays at the Kure Beach Pier, and help spread beach
users to other areas of the beach. Map 2 shows the approximate areas where these new access '
11 1

E
' points and parking areas should be developed. The first new access site which should be
developed is the 10' easement which the town already owns. Given the location of this
' easement and the lack of public access sites within that area, the development of this easement
should be given a high priority by the Town of Kure Beach.
' Table 3
Vacant Parcels Between Davis Beach Road and Stormy Petrel Court
E
�I
Parcel ID#
Address
Assessed
Value
Area
1
9312-003-001-006
1055 S. Fort Fisher Boulevard
$149,999
10,680 sq. ft.
2
9312-003-001-002
1051 S. Fort Fisher Boulevard
$149,999
9,718 sq. ft.
3
9312-003-001-005
1047 S. Fort Fisher Boulevard
$149,999
9,896 sq. ft.
4
9409-002-017-000
1017 S. Fort Fisher Boulevard
$159,998
12,693 sq. ft.
5
9409-002-017-001
1009 S. Fort Fisher Boulevard
$149,999
11,276 sq. ft.
6
9409-002-016-000
1001 S. Fort Fisher Boulevard
$164,998
16,683 sq. ft.
7
9409-002-007-000
905 S. Fort Fisher Boulevard
$149,999
12,397 sq. ft.
8
9405-012-003-000
809 S. Fort Fisher Boulevard
$149,999
6,186 sq. ft.
9
9405-012-001-000
805 S. Fort Fisher Boulevard
$149,999
11,387 sq. ft.
10
9405-012-001-001
801 S. Fort Fisher Boulevard
$149,999
9,655 sq. ft.
11
9405-013-001-001
810 S. Fort Fisher Boulevard
$95,200
55,047 sq. ft.
12
9409-001-009-000
836 S. Fort Fisher Boulevard
$80,000
5,418 sq. ft.
13
9409-001-007-000
844 S. Fort Fisher Boulevard
$72,000
3,608 sq. ft.
14
9409-001-004-001
848 S. Fort Fisher Boulevard
$240,000
26,352 sq. ft.
15
9312-001-006-007
928 S. Fort Fisher Boulevard
$104,000
10,207 sq. ft.
16
9312-001-014-000
942 S. Fort Fisher Boulevard
$80,000
7,055 sq. ft.
17
9312-002-001-012
1004 S. Fort Fisher Boulevard
$88,000
14,197 sq. ft.
18
9312-002-001-011
1012 S. Fort Fisher Boulevard
$80,000
10,381 sq. ft.
19
9312-002-001-009
1020 S. Fort Fisher Boulevard
$80,000
9,930 sq. ft.
20
9312-002-001-007
1026 Ocean View Estates
$58,500
7,402 sq. ft.
21
9312-002-001-003
1008 Ocean View Estates
$65,000
10,124 sq. ft.
22
9312-002-001-002
1004 Ocean View Estates
$65,000
10,184 sq. ft.
23
9312-002-001-000
1000 Ocean View Estates
$71,500
14,212 sq. ft.
24
9312-001-005-000
924 General Whiting Boulevard
$57,000
5,252 sq. ft.
25
9312-001-006-003
920 General Whiting Boulevard
$63,000
9,770 sq. ft.
26
9312-001-006-002
912 General Whiting Boulevard
$60,000
9,827 sq. ft.
27
9312-001-006-004
908 General Whiting Boulevard
$60,000
9,584 sq. ft.
28
9312-001-006-005 1
911 General Whiting Boulevard
$65,000
4,791 sq. ft.
12

Table 3 (continued)
Parcel ID#
Address
Assessed
Value
Area
29
9409-001-011-000
215 Water Oak Circle
$60,000
4,013 sq. ft.
30
9312-003-001-000
219 Water Oak Circle
$60,000
3,723 sq. ft.
31
9312-003-002-000
223 Water Oak Circle
$60,000
3,642 sq. ft.
32
9312-003-003-000
227 Water Oak Circle
$60,000
4,154 sq. ft.
33
9405-013-008-000
214 Water Oak Circle
$60,000
4,179 sq. ft.
34
9405-013-009-000
218 Water Oak Circle
$60,000
4,603 sq. ft.
35
9312-003-011-000
238 Water Oak Circle
$60,000
4,874 sq. ft.
36
1 9308-004-005-000 1
823 S. Fort Fisher Boulevard
$35,000
10,282 sq. ft.
-*See Map 2 for location of lots.
Source: New Hanover County Tax Office, August 2001.
p
I
0
n
13

Map 2
Town of Kure Beach - Potential Access Sites
Between Davis Beach Road and Stormy Petrel Court
N
lJE
S
200 0 200 400 Feet
..... ,.W
Department of Transportation
Drainaee Eazement
J Town of Kure Beach
?'
� 10' Undevelo Eazement
6
�� • 17
Y
The preparation of this document was financed in pan through a
' grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office
of Ocean and Coastal Resource Management, National Oceanic and
' Atmospheric Administration.
Legend
Land Use
O
Bafer Z.
-
CAMA P.W%La
O
Foon uha Miliury Bau
OPmae
Beach Access
O
N.phe&Tesc Sae
O
Toran Hill
O
V.
Well Tar Si.
Existing Beach Act Points
•
Incil Access
•
Neighborhood Access
•
Pkr
•
Vehicle Access
NProposedA
fora R..Fxdey
NPmpmed
Area fora IkW&cm Si.
0
Q pone Lima
Page 14

' 2. HanbyAvenue to Avenue N
' The second area of the Town of Kure Beach which is in need of additional public access sites
would be the area between Hanby Avenue and Avenue N. Map 3 provides a look at this area.
There are currentlyfourpublic access sites and three private access sites located within this area.
' Three of the public access sites (Ocean View Avenue, North of Atmospheric Test Site, and
South of Atmospheric Test Site) are local access sites offering only a dune crossover and no
parking facilities. The fourth site is located at Avenue N and is a neighborhood access site with
room for 7 to 10 cars to park The three private access sites are owned by the Homeowners'
Associations of the following subdivisions: Kure Beach Village, Kure Dunes, and Kure by the
Sea. The Town of Kure Beach should negotiate with the owners of these private access sites
for use as public beach access sites. This area has approximately 3,767 feet (0.71 mile) of
shoreline and eight neighborhood blocks. State guidelines for providing beach access
recommend one local or neighborhood access site per block in a community. Table 4
corresponds with Map 3 and provides details about the currently vacant lots within this area.
' It is recommended that the Town of Kure Beach look into the possibility of acquiring vacant
land or 10' easements for development of at least five additional public beach access sites in this
' area. As with the previously described area between Davis Beach Road and Stormy Petrel
Court, the development of new access sites between HanbyAvenue and Avenue N would help
distribute beach users along the entire stretch of Kure Beach, thus helping to eliminate the
' concentration of beach users which occurs nearAvenue K. Map 3 shows approximate locations
where these new access points should be developed.
' Table 4
Vacant Parcels between Hanby Avenue and Avenue N
Parcel ID #
Address
Assessed
Value
Area
1
9206-001-007-000
1110 N. Fort Fisher Boulevard
$134,999
6,920 sq. ft.
2
9205-017-009-000
810 N. Fort Fisher Boulevard
$174,998
8,455 sq. ft.
3
9205-017-008-000
806 N. Fort Fisher Boulevard
$174,998
8,780 sq. ft.
4
9205-017-007-000
802 N. Fort Fisher Boulevard
$174,998
8,485 sq. ft.
5
9205-017-004-000
744 N. Fort Fisher Boulevard
$174,998
8,596 sq. ft.
6
9205-017-003-000
732 N. Fort Fisher Boulevard
$174,998
8,434 sq. ft.
7
9209-001-002-000
728 N. Fort Fisher Boulevard
$139,999
8,121 sq. ft.
8
9200-001-116-000
628 N. Fort Fisher Boulevard
Not listed
9,156 sq. ft.
9
9200-001-118-000
620 N. Fort Fisher Boulevard
Not listed
9,167 sq. ft.
10
9200-001-119-000
616 N. Fort Fisher Boulevard
Not listed
9,171 sq. ft.
11
9200-001-120-000
612 N. Fort Fisher Boulevard
Not listed
9,201 sq. ft.
12
9200-001-122-000
534 N. Fort Fisher Boulevard
Not listed
8,768 sq. ft.
13
9200-001-123-000
530 N. Fort Fisher Boulevard
Not listed
8,772 sq. ft.
15

Table 4 (continued)
14
9200-001-124-000
526 N. Fort Fisher Boulevard
Not listed
8,776 sq. ft.
15
9200-001-125-000
522 N. Fort Fisher Boulevard
Not listed
8,781 sq. ft.
16
9200-001-126-000
518 N. Fort Fisher Boulevard
Not listed
8,785 sq. ft.
17
9200-001-127-000
514 N. Fort Fisher Boulevard
Not listed
8,789 sq. ft.
18
9209-002-012-000
454 N. Fort Fisher Boulevard
$174,998
8,279 sq. ft.
19
9213-023-001-000
402 N. Fort Fisher Boulevard
$154,998
14,259 sq. ft.
20
9205-013-013-000
1101 N. Fort Fisher Boulevard
$72,000
10,045 sq. ft.
21
9205-011-018-000
907 N. Fort Fisher Boulevard
$45,000
4,771 sq. ft.
22
9205-022-002-000
749 N. Fort Fisher Boulevard
$104,000
5,650 sq. ft.
23
9209-005-003-000
717 N. Fort Fisher Boulevard
$78,750
9,392 sq. ft.
24
9209-005-004-000
713 N. Fort Fisher Boulevard
$6,000
6,207 sq. ft.
25
9200-001-128-000
527 N. Fort Fisher Boulevard
Not listed
5,536 sq. ft.
26
9200-001-003-000
507 N. Fort Fisher Boulevard
$104,000
7,110 sq. ft.
27
9209-003-002-000
413 N. Fort Fisher Boulevard
$104,000
6,064 sq. ft.
28
9209-003-001-000 1
409 N. Fort Fisher Boulevard
$104,000 1
5,944 sq. ft.
*See Map 3 for the location of lots.
Source: New Hanover County Tax Office, August 2001.
16

1
1
1
1
1
1
1
Map3
Town of Kure Beach - Potential Access Sites
Between Hanby Avenue and Avenue N
III 400 0 400 800 Feet
�'��21Ii
SETiL fl'S TT Efl'S
T
F E 1�
y -
,I
W E
I'y�L 1 S
3
PW
-j
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office
of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.
Legend
Lmd use
QBuffer
Zone
-
GAMA Padting Lot
ODeveloped
-
Pon Fisher hQuuy Base
®
Priv a Beach Access
Ok..Vh,&
Ten Site
Town Hall
Vrant
OWa
Ten Site
Existing Beach Access Points
•
Loal Access
•
I kighhDrlmd Access
•
Per
•
Velke Access
V
Proposed Ann for a Bestsoom FxLhry
NProposed
Area fora New Access Site
Cmpotate Limit
17

IB. Improvement of Existing Public Beach Access Sites
' All of the existing neighborhood access sites located in Kure Beach (Avenue N, Avenue M, Avenue L,
Avenue J, Avenue I, Avenue I-L Avenue G, Avenue F, and Avenue E) are currentlygravel parking areas
with no lines denoting individual parking spaces. There is often an inefficient use of space in these lots
due to the lack of organization. In addition, it appears that some lots are used for the storage of boat
trailers for nearby residents or visitors to the beach.
' It is recommended that all neighborhood access sites be improved bydesignating specific parking spaces
in orderto create more organized parking areas, and prohibiting the parking or storage of vehicles more
' than 20 feet in length, boat trailers, and campers in beach access parking areas.
In August 2001, the Town of Kure Beach was awarded a grant under the State of North Carolina
' Coastal Waterfront Access Grant Program for the improvement of three of these neighborhood access
sites, Avenue J (Figure 1), Avenue I (Figure 2), and Avenue G (Figure 3). The attached figures show
the improvements that will be made to each of these sites. Approximately 67 marked parking spaces
' will be created when this project is completed. The total cost of this project is $64,624, with $51,468
being the state funded portion and $17,156 being the local portion of the total cost.
' The Town of Kure Beach should continue with the progress being made possible by this grant and
continue to applyfor grunt funding forthe improvement of the other neighborhood access sites located
' within the town.
C. Public Restroom Facilities
' The Town of Kure Beach offers no public restroom facilities at any of their public beach access sites.
It is suggested that the town look to develop three restroom facilities at public beach access sites.
' Although there are no State standards for the provision of restroom facilities, through conversations
with Coastal Management Officials, it is recommended that restroom facilities be located at intervals
' where at any location on the beach, a user of the beach would be within one-half mile of a restroom
Map 1 shows proposed general locations for the development of restroom facilities.
' It is recommended that the first public restroom facility be developed at Avenue K- Kure Beach Pier,
which is the town center for the Town of Kure Beach and the most heavily used access area.
' In order to then meet the above -noted standards for the location of restroom facilities, it is
recommended that in the future, one restroom facilitybe placed between HanbyAvenue and Avenue N
and one restroom facility be placed between Davis Beach Road and Stormy Petrel Court.
' Prior to constructinga permanent restroom facility,the Town of Kure Beach ma considercontractin
P Y g
' with a waste management firm for portable restrooms.Anestimate from Down East Rent-AJohnwho
services the Kure Beach area is $120 per month for two portable restrooms with cleaning services twice
a week Luxuryportable restroom trailers, which are used bymanybeach communities, are not available
' in this area.
18

FIGURE 1
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AS -BUILT AND SURVEY INFORMATION BY:
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21

ID. Remote Parking Facilities and Loading/Unloading Zones
1
F1
The purpose of a remote parking facilityis to give visitors to the beach a place to parktheircars, which
is within a reasonable walking distance to a beach access site. Although the acquisition of vacant land
within the Town of Kure Beach is both expensive and limited, there are other options for the
development of remote parking facilities; in particular, through the use of the existing Town Hall
parking lot. The Town of Kure Beach currently has one parking lot for beach visitors which is not
directly attached to a beach access site. This is the CAMA parking lot located at the southern end of
the town, on the westem side of Fort Fisher Boulevard, between the local access sites located at Surf
Rider Court and Assembly Avenue (see Map 1). There are approximately 20 parking spaces in this
parking lot.
1. Town Hall Parking Lot
The fast recommendation is that the Town of Kure Beach use the Town Hall parking lot on
weekends and holidays as a remote parking facility for visitors to the beach. Sandwich board
signs could be placed at the intersection of Avenue K and Fort Fisher Boulevard, as well as at
the intersection of Avenue K and Sixth Street directing people to park in this lot on Saturdays,
Sundays, and holidays.
2. Loading/Unloading Zones along Atlantic Avenue
In association with the use of the Town Hall lot as a remote parking facility, it is recommended
that the Town of Kure Beach remove several parking spaces along Atlantic Avenue, between
Avenue K and Avenue L. These spaces should be designated for loading/unloading purposes
only. There is cunentlyone loading/unloading space located on Atlantic Avenue where Atlantic
Avenue and Avenue K intersect. It is recommended that two more loading/unloading areas be
created. One between Avenue K and Avenue L on Atlantic Avenue and one on Atlantic
Avenue where it is intersected byAvenue L. It is recommended that two standard size parking
spaces be used to create each loading/unloading area. These spaces should then be signed for
loading/unloading only; no parking.
It is also recommended that the Town of Kure Beach place signs along Fort Fisher Boulevard
directing beach visitors to these loading/unloading areas along Atlantic Avenue. Additionally,
there should be signs at these loading and unloading zones, directing beach visitors to remote
parking lots such as the Town Hall parking lot once they have dropped off their passengers.
3. New Parking Areas Between Davis Beach Road and Stormy Petrel Court, and Hanby
Avenue and Avenue N
The Town of Kure Beach recognizes a need for the provision of off-street parking at both the
north end (between Hanby Avenue and Avenue N and the south end (between Davis Beach
Road and Stormy Petrel Court), refer to Maps 2 and 3. The Town of Kure Beach also realizes
that the acquisition of vacant land within these two areas is both expensive and limited.
22

Therefore, as local fiscal resources permit and vacant lots become available, the Town of Kure
Beach will pursue the acquisition of land and construction of oceanfront parking facilities.
These parking areas will be constructed to cause as little disruption to the surrounding residents
as possible, and if possible, will also provide public access to the beach in the form of a dune
crossover. Therefore, fulfilling the need for both new public access sites and parking in one
location.
E. Litter Control
The Town of Kure Beach is not only concerned with improving the number and quality of the public
access sites it offers to its residents and visitors but is also interested in improving the quality of the
beach itself. For the Town of Kure Beach, the approximately 3 miles shoreline access it provides to
the Atlantic Ocean is a great asset. It is environmentally responsible thinking to want to preserve this
asset by limiting the amount of litter that accumulates on the beach.
There are no State standards for where garbage cans should be placed at public beach access sites or on
the beach itself. Each town has its own approach for controlling litter on its local beach, and the Town
of Kure Beach should develop a program for controlling litter on their beach that works best for them.
The Town of Kure Beach currently offers garbage cans to its residents and visitors at all 19 existing
public access sites, which are emptied twice a week along with regular garbage pickup. Thereare more
proactive steps which the town could take to help reduce the amount of litter found along the beach.
1. Place garbage cans along the beach itself, between public access sites. Currentlythe
Town of Kure Beach only places garbage cans at public beach access sites. There is no
set standard for where garbage cans should be placed, but it is recommended that the
more heavily used areas of the beach have garbage cans located frequently along the
beach. If a user of the beach sees a garbage can close to them they are more likely to
place their litter in it rather than leaving it along the beach.
2. Empty garbage cans more frequently. Overflowing garbage cans are a large reason for
Etter along a beach. Therefore, if the Town finds that garbage cans ,are always
overflowing when the garbage cans are only being emptied twice a week, the town
should consider adding additional garbage -pick ups to help eliminate this problem.
These additional garbage pickup shifts will likely only be needed seasonally.
3. Enforce the Town Ordinance which makes littering illegaL If the message is sent to
users of the beach that the Town is serious about stopping littering, it will encourage
users of the beach to place garbage in one of the many garbage cans provided.
4. Increase public awareness of the dangers of littering. This can be done byplacing signs
at all access sites notifying users of the beach of the dangers of littering. Notification
of the Town Ordinance stating that it is illegal to litter on the beach and the fine that
could be assessed if a person is caught littering should be included on this sign. Other
ways to increase public awareness are: articles in the newspaper, public service
announcements on the radio, or using all community events, that are appropriate, to
educate the public about the environmental problems that litter can cause a community.
1
23
L

5. Organize a volunteer group of community members who clean the beach on a monthly
or bi-monthly basis. Make the findings of these cleanups known to the public. Give
awards for such things at the "most unusual piece of trash" or the "most bags
collected."
The beautification of the places we live should be something that we all strive for, and most often the
simple public awareness that litter is a problem and the suggestion of simple steps that the average
individual can take to alleviate the problem, is enough to make a community a better place.
V. ACQUIRING FUTURE ACCESS SITES
In order to accomplish the provision of public access sites which meet the standards recommended by
the State, particularly in the two areas described above as being deficient in public access sites, the town
will need to explore the possibility of acquiring undeveloped lots in these areas or working with the
owners of developed and undeveloped property to secure easements for access. If easements are
obtained, there must be a long-term lease (minimum 20 years) if the town expects to receive funding
for site improvements from the State of North Carolina, other possible funding sources, or satisfythe
Army Corps of Engineers beach renourishment requirement for public access sites. The acquisition of
land in some method is required if public access to the shoreline is to be maintained. The following
provides a summary of the access options available to the town.
There are generally two approaches to acquiring access: direct acquisition techniques and land use
controls which incorporate public access requirements. However, in Kure Beach, almost all areas have
been subdivided. Therefore, land use controls would be of limited use. The strategies presented here
can be used by local governments to assist in acquiring waterfront property.
A. Direct Acquisition
1. Purchase
The purchase of propertyat its fair market value is the simplest, most direct, and, unfortunately,
most expensive means of acquiring land. The average cost per square foot of vacant land in the
Town of Kure Beach between the areas of Davis Beach Road and Stormy Petrel Court, and
HanbyAvenue and Avenue N is $10.80. A disadvantage of direct purchase is that governmental
agencies have limited financial resources. A further disadvantage of direct purchase is that the
seller's net profit from the sale would be affected if the seller of the propertyis liable for income
tax on the capital gain of the appreciated value of the property. Other purchase options,
including bargain sale or installment sale, maybenefit the buyer and seller by stretching a land -
acquiring agency's funds and reducing immediate tax consequences.
' In a bargain sale, the landowner sells the property to a governmental agency at less than fair
market value. By doing so, the seller will be able to receive some income from the sale of the
land and will be eligible to claim an income tax deduction for a charitable contribution on the
24

difference between the bargain price received and the fair market value of the land. Thus, the
amount of the capital gain would be less and so would the accompanying tax on that gain.
In an installment sale, an agreement is made between the landowner and the purchaser whereby
the purchaser agrees to pay for the land in annual installments or agrees to acquire a portion of
the total property each year with an option to acquire the remaining tracts in future years. By
spreading the income gained from. the sale of the propertyover a number of years the seller may
be able to spread taxable gains and any associated taxes over an equal number of years.
An easement, or right to use private property in a specific, designated manner, may also be
purchased. The purchase of an easement entitles the purchaser to use the propertyfora specific
purpose, such as conservation, passing over the land, or installing a water or sewer line. The
ownership of the land remains with the property holder, but the use of a designated portion of
the land for a specific purpose is transferred to the acquiring agency.
Easements are typically purchased when it is not possible to buy -the land. Although there is no
requirement compelling a landowner to sell an easement, landowners maybe interested in the
resulting tax benefits. Where easements are sold, a decrease in propertytax value would result.
2. Donation
The donation of property or an easement involves a landowner deeding the property to a
government agency that has agreed to accept it. This would be highly effective in the Town of
Kure Beach in the event of a storm if lots rendered unbuildable were encouraged to be donated
to the town for use as public beach access sites. In a donation, the donor receives no cash for
the property although numerous tax benefits are realized. These benefits include real estate,
estate, and income tax reductions as well as no capital gains tax that would otherwise result from
the sale of the property. If the recipient of the land donation is a governmental agency, the
donor can claim an income tax deduction based on the market value of the land as determined
by qualified appraiser. In the instance of an easement, the donor may take the difference in
the value of the land after the easement as a charitable deduction.
3. Dedication
A dedication begins with an offer to dedicate the use of land The offer is made by the
landowner to the public and must be followed by the local government's acceptance of that
offer on behalf of the public. A dedication made orally or in writing is called an express
dedication. A "certificate of dedication" indicates an individual's express intention to dedicate
an area to the public.
An implied dedication is based on the property owner's intention to dedicate as indicated by
conduct. For instance, the owner's intention to dedicate may be indicated by recognizing the
rights of the public in a deed orbythe owner's actions with respect to permitting the public to
use the land. A 1970 Supreme Court case confirmed the public's right to use two privately-
1
25

owned beaches in California. The court said that when the public has used a beach for a long
time without paying attention to the fact that the beach is privately -owned, the public acquires
a legal right to use that beach. The owner's intent to give the land to the public maybe implied
from his conduct of not preventing public use of the beach. And the public's acceptance of the
dedication may be implied from public use of the beach. Nothing need be written by either
side -the dedication and acceptance is implied by conduct. With respect to beach access, a
public access sign at an accessway is one indication by a local government of an express or
implied dedication.
Towns and counties may accept dedication offers for the maintenance of roads and pedestrian
easements running to and along the beach. Before accepting a dedication offer, it is
recommended that a title search or "chain of ownership" survey be conducted to ensure that
the offer to dedicate has at no time in the past been withdrawn.
Towns and counties may own, maintain, and manage land for recreational purposes including
public access parking. Although it is possible for towns to own public streets and roads,
counties cannot. It is possible, however, for counties to accept the dedication of certain roads
so long as theywere dedicated to the public prior to 1975. Although a countymayaccept such
a dedication, a county is not authorized to maintain or improve such roads.
In many local jurisdictions there may be a number of accessways and roads that have been
dedicated by the developer but not yet accepted by the county or municipality. These
accessways represent opportunities to local governments that should not be neglected. The
actions necessary to show acceptance should be given high priority in light of the provision of
the state law allowing developers to withdraw unaccepted, unimproved dedications after a
period of 15 years (G.S. 136-96).
VI. POTENTIAL FUNDING SOURCES FOR SHORELINE ACCESS
L IMPROVEMENTS
It is a well -recognized fact that the demand for access to our coastal shorelines grows every year. As
' a result local agencies look to other agencies to assist in bearing the cost of providing additional access
sites, as well as maintaining clean and safe conditions at coastal shorelines so that generations from now
there is still a shoreline for people to come visit. The number of state and federal agencies funding
' public access projects changes from year to year, and so to a certain extent town officials will need to
keep abreast of these changes through regular contact with these agencies.
A. Public Beach and Coastal Waterfront Access Grant Program
' The purpose of this program is to provide grants for improving pedestrian access to public beaches and
other waterfront areas. Funds are available to the twenty counties which are part of North Carolina's
Coastal Area Management Act, and all municipalities that fall within those counties. This program is
' administered by the state Division of Coastal Management in the Department of Environment and
26

Natural Resources. Funds are awarded for such projects as land acquisition and low-cost construction
projects to improve pedestrian access to the beach or coastal waterfront. Local governments must
contribute at least 25% of total project cost, at least one half of local match must be a cash contribution.
In FY99-00,18 projects were funded by this program and the average grant amount was $56,937.
In August 2001, the Town of Kure Beach received a grant under this program for the improvement of
three of their neighborhood beach access sites (Avenue J, Avenue I, and Avenue G). The total cost of
this project is $68,624 and the grant awarded bythe State of North Carolina was for $51,468. Although,
the town recently received a grant under this program it is encouraged to apply again for further
funding. A repetitive award would be based on such things as the implementation of the improvements
approved bythe first grant, and the consistencyof the proposed improvements with the area's shoreline
access plan.
Contact Information:
Mr. James Rosich
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Web Site: www.dcm2.enr.state.nc.us
B. Local Funding Sources
The Town of Kure Beach itself has perhaps the heaviest financial burden with respect to providing
public beach access. Not only must the local government payfor land acquisition and/or construction
(with or without grant assistance), but then it must also pay for the daily maintenance of the accessways
and the long-term maintenance of the access facilities.
Some of the potential funding sources available to the town include general fund revenues, general
obligation bond revenues, impact fees, occupancy tax revenues, subdivision regulation dedication
requirements, parking fees, volunteer efforts, foundation grants, and donations.
1. New Hanover County Room OccWancy Tax
New Hanover Countycollects a rental room occupancytax of 3% from all rental room revenues
in the county. This money is put into a fund which is administered by the New Hanover
County Board of Commissioners. This fund is divided between the Greater Wilmington
Chamber of Commerce (40%) and beach renourishment projects within the county (60%). In
addition, this fund can be used in the event of a hurricane to replace or repair beach access
facilities.
In most cases, this fund is reserved to supplement the non-federal and non -state portion of
beach renourishment projects. However, in the past this fund has been used to improve beach
27

taccess sites which were within the county limits. The Town of Kure Beach could submit a
proposal to the Port, Waterway, and Beach Authority for use of these funds to aid in the
' development or improvement of beach access sites. The Port, Waterway, and Beach Authority
would review the request and then make a recommendation to the NewHanover CountyBoard
of Commissioners.
2. Parking Fees
In recent years many of the beach communities in this area have installed parking meters at on -
street parking spaces in their communities. In addition, some communities have installed meters
' or electronic pay stations in their beach parking areas. In most cases, these meters are not
operated year round, but only during the main summer months of the tourist season.
Section 160A 301(a) of the North Carolina State Statutes relates to on -street parking and gives
a town the authority to install parking meters. It goes on to state that the "Proceeds from the
use of parking meters on public streets must be used to defray the cost of enforcing and
administering traffic and parking ordinances and regulations."
Section 160A 301(b) of the North Carolina State Statutes relates to off-street parking facilities
and would pertain to parking facilities located at public beach access sites and gives a town the
authorityto "impose fees and charges for the use of public parking facilities, and mayprovide
' for the collection of these fees and charges through parking meters, attendants, automatic gates,
or any other feasible means." In addition, it goes onto state that "revenues realized from off-
street parking facilities maybe pledged to amortize bonds issued to finance any such facilities,
or used for any other public purpose."
During the 1997 Session of the General Assembly of North Carolina, House Bill 1596 was
ratified. This act "allowed the Town of Wrightsville Beach to use proceeds from on -street
parking meters in the same manner in which proceeds from off-street parking facilities are
used." This allowed them to use the fees collected byon-street parking meters to improve their
public beach access sites. Then during the 2001 session of the General Assembly of North
Carolina, House Bill 212 was ratified. This bill amended House Bill 1596 to not onlyapplyto
the Town of Wrightsville Beach, but also the Town of Carolina Beach, the Town of Kure
Beach, and the City of Wilmington. Copies of the above -referenced State Statutes have been
included as Appendix I.
Therefore, the use of parking meters, in both off-street parking areas located at beach access
sites and at on -street parking spaces, as a source of revenue is an option that the Town of Kure
Beach should consider. The formula used by other beach communities in the area to calculate
the amount of revenue that can expect to be generate per daybyparking meters is: the number
of spaces in the Town that would have a parking meter, multiplied by the number of hours per
' day the meters would run, multiplied by the amount per hour that the Town would charge at
each space, multiplied by a 70% occupancy rate because it is unlikely that all spaces would be
' filled at all times.
28

fl
For example, if the town decided to install meters on 100 parking spaces and charge $1.00 per
hour to park at these spaces and operated the meters from 9 a.m. to 7 p.m., the formula would
be: '
(100 spaces)($1.00)(10 hours/day)(70%) _ $700 per day
1
The cost of purchasing, installing, and regulating parking meters would varybased on the types
of meters the Town of Kure Beach decided to install, but on average a single parking meter
costs between $300-$400. In addition many -Towns contract out the actual management of the
parking meters to a private firm
VII. RECOMMENDATIONS
The followingsummarizes the recommendations which the Town f K ' o Kure Beach should pursue to
establish shoreline access sites. The recommendations have been grouped into phases, these phases '
reflect the priority that should be placed on implementing each recommendation.
A. Phase I - Two -Year Shoreline Access Improvements (FY2001-02 - FY2002-03) '
1. The town should amend the 1997 CAMA Land Use Plan Update to ensure that the plan
is supportive of the development of enough beach access sites to meet State of North '
Carolina Standards.
2. The town should amend the 1997 CAMA Land Use Plan Update to state that the town '
will not spend any local funds in order to acquire unbuildable lots (lots that have had
their structure destroyed, and reconstruction to complywith all applicable local and state
regulations is impossible) but will accept donations of such unbuildable lots.
3. The town should immediately consider using the parking lot at Kure Beach Town hall
as a remote parking area for beach access on weekends and holidays, including the use
of temporary signage to direct visitors and residents to use this parking lot as such.
'
4. The town should complete the improvements on the three local beach access sites for
which it received a Public Beach and Waterfront Access Grant (Avenues G, I, and D.
5. The town should place a sign within Kure Beach directing visitors to the Regional Beach
Access Site located at Fort Fisher.
'
6. The town should designate several spaces on Atlantic Avenue, between Avenue K and
Avenue L, as loading and unloading zones. In addition, signs should be placed at the
'
loading and unloading zones directing visitors to remote parking locations, like the
Town Hall lot, once they have dropped off their passengers.
29 1

7. The town should put up signs in existing parking areas prohibiting vehicles over 20 feet
long or towing boat trailers from parking in beach access parking areas.
8. The town should always be looking for opportunities to acquire vacant properties,
especially between Davis Beach Road and StonnyPetrel Court and HanbyAvenue and
Avenue N, for use as beach access sites or parking areas.
9. The town should also always be looking for opportunities to acquire 10' access
easements through negotiations with private owners of beachfront property between
Davis Beach Road and Stormy Petrel Court and Hanby Avenue and Avenue N for use
as public beach access sites.
Phase II - Five -Year Shoreline Access Improvements (FY2002-03 - FY2007-08)
1. The Town should develop the 10' easement it owns between Davis Beach Road and
Stormy Petrel Court into a public beach access site (see Map 2).
2. The town should improve the parking areas at other neighborhood access sites, similar
to the improvements being made at Avenues G, I and J. Access sites that should be
improved are: Avenues E, F, H, L, M, and N.
3. Avenue E should be realigned and parking should be developed in the median of
Avenue E similar to the wayparking is being developed along Avenue I (see Figure 3).
4. The town should provide a public restroom facility at Avenue K.
5. The town should develop at least one additional public access site between Hanby
Avenue and Avenue N.
6. As fiscal resources permit, the town will acquire vacant oceanfront properties for the
purpose of constructing off-street parking areas.
Phase III - Ten -Year Shoreline Access Improvements (FY2002-03 - FY2013-14)
1. The town should develop two more public restroom facilities, one at the north end of
the beach and one near the south end of the beach. See Map 1 for suggested locations.
2. The town should develop four more public access sites between Davis Beach Road and
Stormy Petrel Court.
3. The town should develop four more public access sites between Hanby Avenue and
Avenue N.
4. As fiscal resources permit, the town will acquire vacant oceanfront properties for the
purpose of constructing off-street parking areas.
30

D. Action Plan
This Shoreline Access plan was developed with the help of the Town of Kure Beach Parking Committee
during the summer of 2001. Whi1e creating the plan was a step in the right direction for improving
shoreline access within the Town of Kure Beach, the most important part of the planning process is the
actual implementation of the plan.
It is recommended that the responsibility for the implementation of this plan be given to the Town
Council Member who works with the Public Works Department. Under the guidance of this Council
Member, a Shoreline Access Committee should be created consisting of members of the public and
town staff. It should be the mission of this Shoreline Access Committee to ensure the implementation
of the recommendations contained in this Shoreline Access Plan.
VIII. COST ESTIMATES
Recommendation #
Description
Estimate
PHASE I
3.
Sandwich board sign
$175 for 2' x 3' sign'
5.
Sign directing visitors to Fort Fisher
$100-$150 depending on size
6.
Signs for loading/unloading zones
$100-$150 eachZ
7.
Signs prohibiting trailer and boat parking
$100-$150 eachZ
8.
Acquisition of vacant parcels
See Tables 3 & 4 for assessed
value of parcels
PHASE II
1.
Development of access site
$3,000-$5,0003
2.
Access site improvements
Avenue E
$15,682.002
Avenue F
$12,644.502
Avenue H
$12,342.002
Avenue V
Avenue M'
Avenue N'
3.
Restroom facility
$40,000'
NOTES:
'Estimate from Fast Signs in Wilmington, NC.
'Estimate from Criser & Troutman, Consulting Engineers.
'Estimates from Town of Kure Beach Insurance Valuations Public Beach Structures, costs based on
construction costs for donated beach access.
'For these access sites, it is difficult to determine the exact square footage of the site without a survey.
Based on the cost of improvements for Avenues G, I, and J, the cost per square foot of improving an
access site is $2.63.
'Estimate from the Division of Coastal Management.
1�
31

APPENDIX I
STATE SHORELINE ACCESS STANDARDS
�lp
STATE PARKING LEGISLATION
I

' SECTION .0300 - SHOREFRONT ACCESS POLICIES
15A NCAC 07M .0301 DECLARATION OF GENERAL POLICY
' (a) The public has traditionally and customarily had access to enjoy and freely use the ocean beaches and estuarine and
public trust waters of the coastal region for recreational purposes and the State has a responsibility to provide continuous
access to these resources. It is the policy of the State to foster, improve, enhance and ensure optimum access to the public
beaches and waters of the 20 county coastal region. Access shall be consistent with rights of private property owners andthe
' concurrent need to protect important coastal natural resources such as sand dunes and coastal marsh vegetation.
(b) The State has created an access program for the purpose of acquiring, improving and maintaining waterfront recreational
property at frequent intervals throughout the coastal region for pedestrian access to these important public resources.
' (c) In addition, some properties, due to their location, are subject to severe erosion so that development here is not possible
or feasible. In these cases, a valid public purpose may be served by the donation, acquisition and improvement of these
properties for public access.
History Note: Authority G.S. 113A-124; 113A-134.1; 113A-134.3;
'
Eff. March 1, 1979;
Amended Eff. January 1, 1998; March 1, 1988; March 1, 1985; July 1, 1982.
15A NCAC 07M .0302 DEFINITIONS
The primary purpose of the Public Beach and Coastal Waterfront Access program is to provide pedestrian access to the public
'
trust waters for the 20 coastal counties.
(1) "Ocean Beach Access" is defined to include the acquisition and improvement of properties situated along
the Atlantic Ocean for parking and public passage to the oceanfront. Beach access facilities may include,
but are not limited to, parking areas, restrooms, showers, picnic areas, dressing/shower rooms, concession
'
stands, gazebos, litter receptacles, water fountains, dune crossovers, security lighting, emergency and pay
telephones, interpretive and public beach access signs, and other appropriate facilities.
(2) "Coastal Waterfront Access" is defined to include the'acquisition and improvement of properties located in
'
the 20 county area under the Coastal Area Management Act (CAMA) jurisdiction that are coastal
waterways to which the public has rights of access or public trust rights. Coastal Waterfront access
facilities may include, but are not limited to parking areas, restrooms, showers, picnic areas, fishing piers,
boardwalks, dressing/shower rooms, concession stands, gazebos, litter receptacles, water fountains,
'
security lighting, emergency and pay telephones, interpretive and coastal waterfront access signs, and
other appropriate facilities.
(3) "Inlet Beach Access" is defined to include the acquisition and improvement of buildable and unbuildable
t
properties situated along the confluence of estuarine and ocean waters for parking and public passage to
the beach area. The construction of facilities other than parking, litter receptacles and public access signs
is not encouraged.
(4) "Public Trust Waters" is defined in 15A NCAC 7H .0207(a).
'
(5) 'Beach" is defined as an area adjacent to the ocean 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 riparian owners have specifically and legally restricted access above the mean high
water line. This definition is intended to describe those shorefront areas customarily freely used by the
'
public.
(6) "Local Access Sites" are defined to include those public access points which offer minimal or no facilities.
They are primarily used by pedestrians who reside within a few hundred yards of the site. Generally, these
'
accessways are a minimum of 10 feet in width and provide only a dune crossover or pier, if needed, litter
receptacles and public access signs. Vehicle parking is generally not available at these access sites.
However, bicycle racks may be provided.
(7) "Neighborhood Access Sites" are defined as those public access areas offering parking, u suallyfor5 to 25
'
vehicles, a dune crossover or pier, litter receptacles and public access signs. Such accessways are typically

40 to 60 feet in width and are primarily used by individuals within the immediate subdivision or vicinity of
the site. Restroom facilities may be installed.
(8) "Regional Access Sites" are of such size and offer such facilities that they serve the public from throughout
an island or community including day visitors. These sites normally provide parking for 25 to 80 vehicles,
restrooms, a dune crossover, pier, foot showers, litter receptacles and public access signs. Where possible
one-half acre of open space in addition to all required setback areas should be provided for buffering, day
use, nature study or similar purposes.
(9) "Multi -regional Access Sites" are generally larger than regional accessways but smaller than state parks.
Such facilities may be undertaken and constructed with the involvement and support of state and local
government agencies. Multi -regional accessways provide parking for a minimum of 80 and a maximum of
200 cars, restrooms with indoor showers and changing rooms, and concession stands. Where possible two
acres of open space in addition to all required setback areas should be provided for buffering, day use,
nature study or similar purposes.
(10) "Urban Waterfront Redevelopment Projects" improve public access to deteriorating or under utilized urban
waterfronts. Such projects include the establishment or rehabilitation of boardwalk areas, shoreline
stabilization measures such as the installation or rehabilitation of bulkheads, and the placement or removal
of pilings for the purpose of public safety and increased access and use of the urban waterfront.
(11) "Improvements" are facilities which are added to promote public access at a designated access site. The
most common improvements include dune crossovers, piers, boardwalks, litter receptacles, parking areas,
restrooms, gazebos, bicycle racks and foot showers.
(12) "Maintenance" is the proper upkeep and repair of public access sites and their facilities in such a manner
that public health and safety is ensured. Where the local government uses or has used access funds
administered by the North Carolina Coastal Management Program (NCCMP), it shall be the local
government's responsibility to provide operation and maintenance of the facility for the useful life of that
facility.
(13) "Handicapped Accessible" is defined as meeting the standards of the State Building Code and federal
guidelines for handicapped accessibility. Any facility constructed with these grant funds must meet State
and Federal regulations for handicapped accessibility.
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. March 1, 1979,
Amended Eff. January 1, 1998; March 1, 1988; March 1, 1985; July 1, 1982.
15A NCAC 07M .0303 GUIDELINES FOR PUBLIC ACCESS
(a) Development shall not interfere with the public's right of access to the waterfront where such access has been established
through donation, acquisition, express or implied dedication or prescriptive easement.
(b) Public beach nourishment projects funded by the state and federal government must include provisions for adequate
public access within the vicinity of the project based on applicable Division of Coastal Management standards.
(c) Policies regarding state and federal properties with waterfront areas intended to be used by the public must provide for
public access and adequate parking so as to achieve maximum public use and benefit of these areas consistent with
established legislation.
(d) Local governments are encouraged to participate in the Public Beach and Coastal Waterfront Access Program as
authorized by G.S. 113A-134.1 - 113A-134.3. The access program is intended to serve both year-round and seasonal users. In
determining parking needs for access, particularly for day visitor destination beaches, local governments may use the peak
seasonal population estimate provided in their land use plan as set out in 7B .0211.
(e) Public access projects shall be consistent with public access policies contained in the local government=s land use plan as
required in 15A NCAC 7B .0212(a)(3)(x) of this Chapter or in its local waterfront access plan. If a local access plan does not
exist, a local recreation plan that addresses public access may provide guidance as to local needs.
(f) Local governments with public access sites funded by the Division of Coastal Management pursuant to G.S. 113-1343may
charge reasonable user fees as long as those fees are used exclusively for operation and maintenance of the access facility.
Funding from others agencies or sources may carry different regulations about user fees. Other regulations, including
schedules of operation, may also be established.
r
I
J

(g) Local governments shall have lead responsibility for the selection of public access sites within their jurisdiction. Access
shall be based on identified needs as stated in land use plans approved pursuant to 15A NCAC 713 .0216 of this Chapter and
local waterfront access plans. The Divis ion of Coastal Management may provide some assistance in determining the location
of regional and multi -regional sites.
'
(h) The primary purpose of the public access program is to provide funds to acquire or develop land for pedestrian access,
including parking as authorized by G.S. 113A-134.3(c). Boating and fishing facilities may be funded, provided pedestrian
access is the primary objective of the proposed project.
(i) Local governments are encouraged to plan for and develop ocean access areas that provide convenient access
opportunities along the entire length of the shoreline within its jurisdiction. In preparing land use plan policies on public
'
beach access pursuant to 15A NCAC 7B .0212(3)(B)(x) of this Chapter, local governments are encouraged to consider the
following guidelines:
(1) Local/Neighborhood Access Sites -one - one per block in the community;
(2) Regional Access Sites - one per locality or one per four miles, whichever yields the most public access;
(3) Multi -regional Access Sites - one per barrier island or one per 10 miles whichever yields the most public
access.
0) In preparing land use plan policies on public waterfront access pursuant to 15A NCAC 7B .0212(3)(B)(x) of this Chapter,
local governments are encouraged to consider the following guidelines:
(1) Local Access Sites - one per block;
(2) Neighborhood Access Sites - one per 50 dwelling units;
'
(3) Regional Access Sites - one per local government jurisdiction;
(4) Multi -regional Access Sites - one per coastal county. Parking facilities for these projects shall be based on
seasonal population estimates.
(k) Pursuant to G.S. 113A-134.3(a), local governments shall give priority to the acquisition of unbuildable lots for public
'
access purposes.
(1) The construction of facilities other than parking, litter receptacles, and public access signs is not encouraged in inlet beach
areas.
'
History Note: Authority G.S. 113A-124; 113A-134.1; 113A-134.3; 153A-227(a); 160A-314(a); 16 U.S.C. Sec. 1453;
Eff. March 1, 1979,
Amended Eff. March 1, 1988; March 1, 1985; July 1, 1982;
RRC Objection due to lack of necessity and unclear language Eff. October 17, 1991;
Amended Eff. January 1, 1998; March 1, 1992.
'
15A NCAC 07M .0304 LOCAL PARTICIPATION REQUIREMENTS: BEACH ACCESS PROGRAM
15A NCAC 07M .0305 MANDATORY PUBLIC NOTICE
'
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. July 1, 1982;
Amended Eff. May 1, 1990; March 1, 1988; March 1, 1985
Repealed Eff. January 1, 1998.
' 15A NCAC 07M .0306 LOCAL GOVERNMENT AND STATE INVOLVEMENT IN ACCESS
(a) Coastal Waterfront access in the 20-county coastal area is a concern of local, state, regional and national importance. As
such, the NCCMP can provide some guidance as to location of facilities that are of multi -regional and regional significance.
' The local government, however, has the primary responsibility for identifying local, neighborhood and regional accessways
through its land use plan policies and local access plan.
(1) A local policy in a land use plan sets the community objectives for access; a local government may
' determine that public access is not a pressing issue and thus develop a policy of private sector access
provision and no public involvement. Similarly local governments may:
(i) identify numerous access needs and develop local policy to pursue access funding;

00 develop a local access plan; and
(iii) solicit access sites through corporate assistance.
(2) A local access plan shall identify needs and opportunities, determine access and facility requirements,
establish local standards, and develop specific project design plans or guidelines by appropriate site. A
local plan shall consider both financial resource availability (such as grants, impact fees or hotel/motel tax
revenues) and construction timing. It shall establish local priorities and devise a system for annual
evaluation of the plan.
(3) Local governments may also include provisions in local subdivision ordinances that require access for
waterfront developments or require payment in lieu of access for non -water dependent subdivisions. The
principle here is that, as land is subdivided and more people become residents, access and other recreation
demands will follow.
(4) Dedicated street stub outs may be acceptable for accessways.
(b) The NCCMP has primary responsibility for administering the coastal access program. Annually, the Division of Coastal
Management (DCM) will solicit for pre -application proposals from local governments and will select competitive projects for
full application submittal. A group of these final applications will be selected for funding based on guidelines in Rule 7M .0305
of this Section and anticipated fund availability.
(c) DCM will ensure all projects funded through the annual grant program are making reasonable progress throughout project
implementation and ensure that completed projects are operated and maintained for access purposes.
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. January 1, 1998.
15A NCAC 07M .0307 ELIGIBLE APPLICANTS/GRANT SELECTION CRITERIA
Any local government in the 20 coastal county region having ocean beaches, estuarine or public trust waters within its
jurisdiction may apply for access funds:
(1) Eligible projects include:
(a) Land acquisition, including acquisition of unbuildable lots;
(b) Local Access Sites;
(c) Neighborhood Access Sites;
(d) Regional Access Sites;
(e) Multi -regional Access Sites;
M Urban waterfront development projects;
(g) Reconstruction or relocation of existing, damaged facilities; and
(h) Reconstruction or replacement of aging facilities.
(2) The following general criteria will be used to select projects that may receive financial assistance. These
criteria assist the Division of Coastal Management in carrying out the goals of this program. Other factors
may also be considered in the funding decision:
(a) Applicant demonstrates a need for the project due to a high demand for public access and limited
opportunities;
(b) Project is identified in a local beach or waterfront access plan;
(c) Applicant has not received previous assistance from this grant program or the applicant has
received assistance and demonstrated its ability to complete previous projects successfully with
funds from this grant program;
(d) Applicant's commitment of matching funds exceeds the required local share of the total project
cost provided in Item (3) of this Rule;
(e) Project proposal includes multiple funding sources;
(0 The project location includes donated land deemed unbuildable due to regulations or physical
limitations;
(g) Applicant has demonstrated its ability to complete previous projects successfully with funds from
this grant program.
(3) Local government contributions must be at least 25 percent of the project costs. At least one half of the
local contribution must be cash match; the remainder may be in -kind match.
H
L

(4) Multi -phase projects and previous contingency projects will be considered on their own merits within the
pool of applications being reviewed in that year.
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. January 1, 1998;
Amended Eff. August], 2000.
15A NCAC 07M .0308 PUBLIC INVOLVEMENT/NOTICE
Prior to submitting its final application for a public access grant from the Division of Coastal Management, the local
government shall hold a public meeting or hearing to discuss its proposal. The local government shall consider public
comments prior to its decision to apply for funds from the State.
History Note: Authority G.S. 113.4-124; 113A-134.3;
Eff. January 1, 1998.
15A NCAC 07M .0309 COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT
The public access program shall comply with the requirements of the North Carolina Environmental Policy Act (NCEPA) and
' rules adopted by the Department of Environment and Natural Resources concerning NCEPA implementation as set out in 15A
NCAC 1C .0201- .0504. Future amendments by the Department shall be deemed to be incorporated into this Rule pursuant to
G.S. 15013-14(c).
' History Note: Authority G.S. 113A-2; 113A-124;
Eff. July 1, 1990;
Recodified from .0306 Eff. January 1, 1998;
Amended Eff. January 1, 1998.

J
n
North Carolina State Statutes
160A-301. Parking.
(a)On-Street Parking. — A city may by ordinance regulate,
restrict, and prohibit the parking of vehicles on the public
streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular
location, a city may install a parking meter at that location and
require any person parking a vehicle therein to place the meter
in operation for the entire time that the vehicle remains in that
location, up to the maximum time allowed for parking there.
Parking meters may be activated by coins or tokens. Proceeds from
the use of parking meters on public streets must be used to
defray the cost of enforcing and administering traffic and
parking ordinances and regulations.
(b) Off -Street Parking. - A city may by ordinance regulate the
use of lots, garages, or other facilities owned or leased by the
city and designated for use by the public as parking facilities.
The city may impose fees and charges for the use of these
facilities, and may provide for the collection of these fees and
charges through parking meters, attendants, automatic gates, or
any other feasible means. The city may make it unlawful to park
any vehicle in an off-street parking facilitywithout paying the
established fee or charge and may ordain other regulations
pertaining to the use of such facilities.
Revenues realized from off-street parking facilities maybe
pledged to amortize bonds issued to finance such facilities, or
used for any other public purpose.
(c) Nothing contained in Public Laws 1921, Chapter 2, Section
29, or Public Laws 1937, Chapter 407, Section 61, shall be
construed to affect the validity of a parking meter ordinance or
the revenues realized therefrom
(d) The governing body of any city may, by ordinance, regulate
the stopping, standing, or parking of vehicles in specified
areas of any parking areas or driveways of a hospital, shopping
center, apartment house, condominium complex, or commercial
office complex, or any other privately owned public vehicular
area, or prohibit such stopping, standing, or parking during any
specified hours, provided the owner or person in general charge
of the operation and control of that area requests in writing
that such an ordinance be adopted. The owner of a vehicle parked
in violation of an ordinance adopted pursuant to this subsection
shall be deemed to have appointed any appropriate law=
enforcement officer as his agent for the purpose of arranging for
the transportation and safe storage of such vehicle. (1917, c.
136, subch. 5, s. 1;1919, cc. 136, 237; C.S., s. 2787; 1941, c.
153, ss. 1, 2; c. 272; 1947, c. 7; 1953, c. 171; 1965, c. 945;
1971, c. 698, s. 1;1973, c. 426, s. 48; 1979, c. 745, s. 2.)

North Carolina General Assembly - House Bill 1596 Information/History [1997 - 1998]
Page 1 of 1 '
House Bill 1596
WRIGHTSVILLE BEACH PARKING PROCEEDS
[click bill title to view bill textl
Introduced by: McComas
P/L = public/Local Bill I S = Affects Appropriations
* = Bill Text Has Changed
Session:
1997 -1998 Prime Sponsors: McComas, Daniel
Francis
Fiscal Note:
N/A Attributes: L
Date
Action
05/21/1998
H Referred to Committee on Local and Regional Government
06/09/1998
H REPTD FAV
06/09/1998
H CAL PURSUANT RULE 36(A)
06/10/1998
H PLACED ON CAL FOR 06-18
06/11/1998
H PASSED 2ND & 3RD READING
06/17/1998
S REC FROM HOUSE
06/17/1998
S Referred to Committee on State Government, Local
Government, and Personnel
08/03/1998
S REPTD FAV
08/04/1998
S PASSED 2ND & 3RD READING
08/03/1998
H RATIFIED
08/04/1998
R CH. SL 98-0086
[how a law is made]
Bill Look -Up
Enter a bill number to search for.
Example: Enter s7 to search for Senate Bill 7 or H7 to search for House Bill 7.
1997 -1998 Session — JBill Number• Look -Up
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Full Text of House Bill 1596
Page 1 of 1
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-86
HOUSE BILL 1596
AN ACT TO ALLOW THE TOWN OF WRIGHTSVILLE BEACH TO USE PROCEEDS FROM
ON -STREET PARKING METERS IN THE SAME MANNER IN WHICH PROCEEDS FROM
OFF-STREET PARKING FACILITIES ARE USED.
The General Assembly of North Carolina enacts:
Section 1. Notwithstanding G.S. 160A-301(a), a city may
use the proceeds from parking meters on public streets in the same manner
in which proceeds from off-street parking facilities are permitted under
G.S. 160A-301(b).
Section 2. This act applies to the Town of Wrightsville
Beach only.
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified
this the loth day of August, 1998.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
http://www.ncleg.net/htm11997/bills/CurrentV ersion/ratified/house/hbi 11596. full.html 9/28/2001

North Carolina General Assembly - House Bill 212 Information/History [2001 - 2002] Page 1 of 1
House Bill 212
USE OF NEW HANOVER PARKING PROCEEDS.
Bill Text: Edition 1 1 Ratified I Cha tp ered
Introduced by: McComas;
P/L = Public/Local Bill 1 $ = Affects Appropriations
= Bill Text Has Changed
Session: 2001 - 2002 Prime Sponsors: Daniel F. McComas.
Fiscal Note: N/A Attributes: L
Date
Action
02/22/2001
H
Filed
02/22/2001
H
Ref To Corn On Local Government II
03/07/2001
H
Reptd Fav
03/07/2001
H
Cal Pursuant Rule 36(b)
03/08/2001
H
Placed On Cal For 3/12/2001
03/12/2001
H
Passed 2nd & 3rd Reading
03/13/2001
S
Rec From House
03/13/2001
S
Ref To Com On State and Local Government
03/22/2001
S
Reptd Fav
03/22/2001
S
Placed On Cal For 3/27/2001
03/27/2001
S
Passed 2nd & 3rd Reading
03/28/2001
H
Ratified
03/29/2001
R
Ch. SL 2001-9
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Enter a bill number to search for.
Example: Enter s7 to search for Senate Bill 7 or H7 to search for House Bill 7.
2001 - 2002 Session 11 Bill Number: I Look -Up
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9/28/2001

North Carolina General Assembly - [ H 212 vc ] <B><B><B>HOUSE BILL 212 Page 1 of 1
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
SESSION LAW 2001-9
HOUSE BILL 212
AN ACT TO ALLOW CERTAIN MUNICIPALITIES IN NEW HANOVER COUNTY TO
USE PROCEEDS FROM ON -STREET PARKING METERS IN THE SAME MANNER
IN WHICH PROCEEDS FROM OFF-STREET PARKING FACILITIES ARE
USED.
The General Assembly of North Carolina enacts:
SECTION 1. Section 2 of S.L. 1998-86
reads as rewritten:
"Section 2. This act applies to the Town of Wrightsville
2QaQ1; Beach, the Town of Carolina Beach, the
Town of Kure Beach, and the City of Wilmington only."
SECTION 2. This act is effective when it becomes
law.
In the General Assembly read three times and ratified
this the 28th day of March, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of
Representatives
http://www.ncleg.netlhtml200 l /billsICurrentV ersionlratifiedlhouselhbiIO212.full.html 9/28/2001