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BEACH ACCESS PLAN
Nags Head, North Carolina
prepared for the
NAGS HEAD
BOARD OF COMMISSIONERS
August 1979
The preparation of this report was
financed in part through a grant
provided by the North Carolina
Coastal Management Program, through
funds provided by the Coastal Zone
Management Act of 1972, as amended,
which is administered by the Office
of Coastal Zone Management, National
Oceanic and Atmospheric Administra-
tion.
Financed by a Grant From the
Coastal Area Management Act

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T A B L E O F C O N T E N T S
Page
INTRODUCTION . . . . . . . . . . . . . . 1
PROGRAM OBJECTIVES . . . . . . . . . . . . 2
BEACH ZONES . . . . . . . . . . . . . . 3
PRESENT SITUATION . . . . . . . . . . . . 4
INVENTORY - EXISTING BEACH ACCESS . . . 6
STANDARDS . . . . . . . . . . . . . . . 8
BEACH ACCESS IMPLEMENTATION STRATEGIES . . 9
CONCLUSIONS AND RECOMMENDATIONS . . . . . 15
APPENDIX - LAND DEVELOPMENT REGULATIONS

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INTRODUCTION
As an Outer Bank community, the Town of Nags Head has some twelve miles of
Atlantic Ocean shoreline and a comparable amount of shoreline on Roanoke
Sound. As such, the beaches and shorelines represent an invaluable
natural resource and recreational asset. However, there is one problem -
the general public has few points of access to the beaches within the
corporate limits of the Town of Nags Head. Although the general public
has the right to use the beach, in many cases, access to the beach area
must be gained by trespassing upon private property. Those points within
the community that are presently used for beach access often are
unimproved, with little, if any, control over the impact upon adjacent
private properties.
This situation will continue to worsen as the remaining vacant beach front
properties are developed and as the resident population levels continue to
grow. The situation is compounded even further by the recreational
demands of seasonal tourists which flock to the community each summer to
take advantage of its unique character, isolation, privacy and sandy
beaches. One writer concisely painted the picture:
"On holidays, many spend the day oozing along the coast from one
public beach to the next in a vain search for a parking place.
The lucky ones end up herded together on the sand like seals in
a rookery, oiled and broiling in indecent proximity to the whole
population they presumably came so far to get away from. "(1)
The situation may be expressed another way: the public already owns a
substantial portion of the beach area; however, with the exception of a
few isolated natural areas, state or federal parks, the public at large
receives little benefit since it is denied access to the beaches it has a
legal right to use.
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PROGRAM OBJECTIVES
The concern for public access to publicly owned beaches was emphasized in
1976 when Congress added an amendment to the Coastal Zone Management Act
(PL 94-370) which, in layman's terms, states that each Management Program
for coastal areas shall include a planning program to provide public
access to public beaches.
It is the purpose of this document to analyze the present situation
regarding beach access in the Town of Nags Head and propose several
alternative methods whereby the general public can gain access to the
beaches.
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Praru 7nNFC
As previously noted, the general public owns the beach, but further
definition is in order.
The beach consists of three physical and legally distinct portions. The
first area, known as the intertidal zone or "wet sand", is that portion of
the beach lying between mean low tide and mean high tide - that is, the
area of the beach exposed at low tide and covered by water at high tide.
This area is also referred to as the "foreshore".
The second area is commonly known as the "dry sand" area and refers to
that portion of the beach between the mean high tide line and the dunes.
This area is generally covered by water only during storms. The term
"dunes" refers to a somewhat nebulous entity that is. never exactly
delineated. However, in general, it is identified as the point at which
the vegetation line begins. Both the "wet sand" and the "dry sand" are
actively used for receational purposes. A critical difference between the
two exist, however, in that the "wet sand" area is owned by the public
while the "dry sand" area is in private ownership.
The third physical portion of the beach area is the "uplands" area which
refers to the land shoreward of the dune line or vegetation line.
Thus, it can be seen that, although the general public owns and has a
right to the "wet sand" area, it does not always have the right of access
across the "dry sand" or "uplands" area to the publicly owned "wet sand"
area.
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PRESENT SITUATION
The problem of beach access in Nags Head has, to an extent, been addressed
by private enterprise in that the hotels and motels along the beach
provide access for those persons patronizing the respective hotel or
motel. In effect, this relieves the community of some of the demand the
private sector places upon beach use. The Town is also fortunate in that
Cape Hatteras National Seashore lies immediately south and east of the
corporate limits. This being the case, a portion of the demand for beach
access can be supplied by the access and facilities at the National
Seashore.
The Town is also fortunate_ in that the State has seen fit to acquire
Jockey's Ridge as a State Park. This, the highest natural sand dune on
the east coast of the United States, is a Registered National Historic
Landmark. In addition, it also satisfies some of the demand for beach
access - in this case, with some 4,000 feet of frontage on Roanoke Sound. -
Historically, Nags Head has maintained a reputation as a "family beach"
and has built its economy upon seasonal visitors to the community. As a
result of this seasonal economy, the community experiences a dramatic
increase in population during the peak summer season. In 1975, this had
the result of increasing the community's population by more than 1500%.
This seasonal trend is expected to continue, if not increase, in spite of
nation-wide economic downturns.
The 1976 Nags Head Land Use Plan, as prepared and adopted by the Board of
Commissioners, is based on the premise that the community can balance the
needs and desires of its permanent residents against the requirements of a
tourist -oriented economy. This premise is embodied in a number of goals
and objectives which were adopted by the community as part of the Land Use
Plan. A major goal of the plan is to "Provide for the development and
expansion of tourism as the major industry of Nags Head". A number of
objectives were then set forth as part of this goal.
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1. The "family beach" atmosphere
visitors return to Nags Head.
encouraged.
is the attraction for which most
This image should be reinforced and
2. The seasonal fluctuations of the tourist -oriented economy should be
stabilized by extending the season to make more economical use of
facilities and services.
3. Public access to the beach should be provided for landlocked property
owners.
This goal and the related objectives have been translated into a number of
policy statements which serve as guideposts for this Beach Access Plan.
These statements reflect the attitude of the community as it regards
recreation facilities, particularly beach access.
1. Existing public recreation programs, activities and facilities are
inadequate. The Town should undertake immediate and long-range pro-
grams to provide and improve beach access and community recreation
areas.
2. Public recreation facilities are used by both residents and non-
resident visitors. The thrust of local public recreation programs
should be toward satisfying the recreational needs of permanent
residents, with secondary emphasis upon the needs of seasonal
tourists.
3. The Town recognizes the important role that private enterprise plays
in providing beach access to seasonal visitors to the community. The
Town encourages motels, hotels and other private developments to.
continue to meet this demand. At the same time, the community will
work for more beach access points and other recreational facilities
to satisfy the needs of the resident population.
4. The Town recognizes the. need for regional cooperation in the
provision of beach access points and other recreational facilities.
The Town will continue to cooperate and coordinate its programs with
Dare County and other Outer Bank communities in a continuing effort
to provide beach access and recreational facilities.

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INVENTORY - EXISTING BEACH ACCESS
Nags Head presently has a number of beach access points in the form of
street rights -of -way that dead-end at the beach. The table that follows
lists the rights -of -way that provide some form of access to the beach.
The table also notes the location of the access point (either Atlantic
Ocean or Roanoke Sound); the surface of the right-of-way itself (either
paved or clay but also sand in a few instances); the length of the right-
of-way (to the land side of the barrier dune); and the type of access
(either pedestrian, vehicular or both).
Here it is revealed there are some 33 access points within the corporate
limits; however, the bulk of them lead to the Ocean. Only two streets
provide access to the Sound and one of them - Owen Lane --is only a 20-foot
easement. Of the 33 access points, 11 are paved (either concrete or
bituminous asphalt), 16 have packed clay surfaces, and six are sand (or
unimproved). Generally speaking, they average about 200 feet in length;
that is, 200 feet from the road to the land side edge of the barrier dune.
In most cases, the rights -of -way are 50 feet wide, although some are as
small as 20 or 30 feet.
With two exceptions, some form of access is provided at each right-of-way.
Twenty-five streets allow pedestrian access only, while an additional six
streets provide both pedestrian and vehicular access. The latter includes
Admiral, Conch, Enterprise, Forrest, Gulfstream and Juncos Streets. It is
noted that the Town allows private vehicles on the beach only during the
off season, from September 8 to May 25, and only with a Town permit. The
two exceptions - Bonnet Street and Owen Lane - are unimproved and
therefore receive little, if any, use as a means of access.
The following map, entitled "Existing Beach Access Points," shows the
relationship between the street rights -of -way, and development concen-
trations as they existed in 1971 and those rights -of -way that provide some
form of beach access. This map indicates that most streets extend to the
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Street Name
Nags Head, North Carolina
Existing Beach Access Points Figure I
Access
Locations Paved Clay Length Per-ne 1
(to6arri er
dune)
1.
8th St.
AO
X
200'
X
2.
Albatross St.
AO
X
200'
X
3.
Aron St.
AO
X
300'
X
4.
Abalone St.
AO
X
175'
X
5.
Admiral St.
AO
X
175'
X
X
6.
Baltic St.
AO
X
200'
X
7.
Barnes St.
AO
X
175'
X
8.
Blackman St.
AO
paper street -
no vehicular
access,
signed
for pedestrian
access
9.
Bonnet St.
AO
sand -
unimproved
X
10.
Bittern St.
AO
X
200'
X
11.
Bladen St.
AO
X
200'
X
12.
Bainbridge St.
AO
X
75'
X
13.
Curlew St.
AO
sand
200'
X
14.
Hollowell St.
AO
X
200'
X
15.
Conch St.
AO
sand
150'
X
X
16.
Dalphin Way
AO
sand (
street)
300'
X
17.
Danube St.
RS
X
200'
X
18-.
Enterprise St.
AO
X
X
X
19.
Empire St.
AO
X
200'x 20'
X
20.
Edwin St.
AO
X
200'
X
21.
Egret St.
AO
X
250'
X
22•
Forrest St.
AO
X
350'x3O'
X
X
23•
Grouse St.
AO
X
150'
X
24.
Glidden St.
AO
X .
150'
X
25.
Gray Eagle St.
AO
X
225'
X
26.
Gulfstream St.
AO
X
X
X
27.
Hawk St.
AO
X
575'
X
28.
Isabella St.
AO
X
150'
X
29.
James St.
AO
X
400'
X
30.
Juncos St.
AO
X
400'
X
X
31.
Kohler St.
AO
X
350'
X
32.
Loon Ct.
AO
X
550'
X
33.
Owen Lane
RS
20' easement
- no improvements
1 AD - Atlantic
Ocean
1 Ped.
- Pedestrian Access
RS - Roanoke Sound
Veh.
- Vehicular Access

" m " r M M M m m mom-" m" M rr m in

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beach. In reality, however, the improved rights -of -way extend only to the
land side of the dunes. It must also be noted that most of the streets are
improved to provide access to the adjoining private properties. In
effect, while they can be considered beach access points, they are less
than acceptable because there is provision for little, if any, parking.
Other rights -of -way, while used for beach access, are effectively
unimproved and provide room for parking only a handful of vehicles. The
map has been numerically coded to correspond with the previous table which
identifies the rights -of -way by street name. This also enables the reader
to determine the improvements, length, type of access, etc. according to
the table. The map graphically indicates that the existing access points
are relatively well spaced in relation to areas of.intense development, at
least in the area north of US-64 causeway. One notable exception is found
between Conch Street (#15) and Dalphin Way (#16). This is an area with
about one and a half miles of shoreline without any beach access. It is
also an area that is densely developed. Other shoreline areas that are
deficient in access points are as follows:
Egret Street (#21) to Forrest Street (#22)
Approximately one mile
Hawk Street (#27) to Isabella Street (#28)
Approximately one mile
Isabella Street (#28) to James Street (#29)
Approximately 3/4 mile
Juncos Street {#30) to Kohler Street (#31)
Approximately 2200 feet
Kohler Street (#31) to Loon Court (#32)
Approximately 3/4 mile
Roanoke Sound from the US-64 causeway to the
north corporate limit
It is noted that those central and southern portions of the Town that are
deficient in access points are, for the most part, only lightly developed.
It can be assumed that additional access points will be provided as these
areas are brought into development - that is, if the community has adopted
and implemented adequate plans and development controls.
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111 STANDARDS
A necessary control to the formulation of a plan for beach access is a
determination of what is considered an acceptable level of service, both
in
now and the future. Typically, this determination centers upon a
standard - a commonly accepted state or nation-wide criteria for the
provision of an acceptable level of service. Usually, standards for
recreational services and facilities are expressed in terms of acres per
thousand population, facilities per service area radius, or similar
criteria.
In an effort to determine an acceptable level for the
e provision of beach
access points in Nags Head, the North Carolina Statewide Comprehensive
Outdoor Recreation Plan (SCORP) was researched and its authors
interviewed. It was determined that the SCORP -has not established
standards for beach access in North Carolina. In a similar vein,
individuals connected with the State's Coastal Area Management Act (CAMA)
program were interviewed to determine what they considered a "standard"
for community -wide beach access points. Again, we were informed that
there are no formal recommended standards.
This being the case, the Nags Head Board of Commissioners determined that
it would be desirable for the community to provide fully improved access
points at
1500-foot intervals along the beach..
This "standard" is
considered
a desirable level of service - a level
the community should
strive to.
attain within the limits of reality.
On the basis of this
standard,
it is readily apparent that the existing
access points are not
satisfactory, from either a location/spacing standpoint or in terms of the
1 II facilities or improvements that are presently provided. (The preceding
map shows 1500-foot intervals (dashed lines) in relation to the existing
access points.) The community must embark upon a plan and program to
"acquire" and develop additional beach access points if it is to satisfy
its receational goals and objectives.
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BEACH ACCESS IMPLEMENTATION STRATEGIES
Available Alternatives
There are a number of "tools" available to implement this Beach Access
Plan. This section briefly discusses these implementation techniques.
Most of these techniques rely on general property law for authority;
however, select citations have been included. The authority to use these
tools is meaningless if the local Attorney, Commission, Administration,
and populous are not comfortable with them.
Implementation techniques generally fall into three broad groups: Encour-
agements, Legislations and Acquisitions. It is important to note that
specific implementation strategies transcend rigorous categorization.
The following annotated list discusses techniques under the three general
headings.
A. 'Encouragements
Encouragements are actions by a governmental body which take the form
of requests or give the private sector a "Bonus" for taking desirable
actions. Many of these strategies require broad publicity.
1. Statement of Desired Results. The Town may formulate, adopt and
publish a desired goal of providing more public access to the
beach and the Sound. This establishes the Board of Commis-
sioners in a leadership role and puts the private sector and the
general public "on -notice". Such an action may be done as part
of a plan or as a separate resolution.
2. Tax Relief. Where the local government has direct taxing
control or a good relationship with the taxing authority, a pro-
gram of tax relief may be developed for easements,(2) donations
or long-term leases.
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3. Access Development Guidelines. Voluntary development guide-
lines, if supported by the local business/development
interests, are an effective, yet "soft" tool. This can also be
an educational tool.
4. Land Donations/Bargain Sales. Although the donation of land is
usually a result of a desire for some tax relief, there are some
cases of land donation for philanthropic purposes. Such a
donation is often the result of encouragement by the Town Board
of Commissioners. Likewise, a bargain sale, or sale for a token
price, is usually the result of some encouragement.
5. Development Bonuses. The Town may grant development code
waivers or bonuses to developments providing certain excep-
tional accessways. Although it is not wise to grant
unrestricted waivers/bonuses, additional density or height may
provide an incentive to the private sector. The transfer of
development rights may also be authorized with similar results.
6. Government Financial
Involvement. The Town has certain finan-
cial services which
could be offered in return for
increased
public access. These
services can take the form of bond
issues,
loan guarantees, direct municipal investment,
or joint
ventures.
B. Legislations
A local
by legislative
government may,
action, impose
necessary
controls on development.
Legislative action at the state
or federal
government level may authorize additional local government
controls.
1. Declaratory Action. States seem to have the authority to
declare that the "foreshore" and "dry sand" are public domain.
This has been successfully done in Texas. The Federal Govern-
ment has also considered a similar declaration when so declared
by the particular state.
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2. Develop Code Requirements. A section of the subdivision,
zoning or building codes may require access to public beaches.
This requirement may be for public or semi-public access.
Authority under the Zoning Enabling Statute for Cities (NCGS
160A-381) states:
"Where appropriate, the conditions may include
requirements that street and utility rights -of -way be
dedicated to the public and that provision be made of
recreational space and facilities."
David Brower, principal investigator for a North Carolina Sea
Grant publication, has concluded that:
II "A substantial case can be made that the provision of
public access to beaches does constitute such an
appropriate situation. It is accordingly possible to
conclude that the North Carolina statutes authorizing
cities and counties to engage in zoning are suffi-
ciently broad to encompass a requirement that an
easement for pedestrian access be given to the public
in the context of beachfront development.(2)
Currituck County, North Carolina, has a zoning ordinance which
includes a Recreational Residential Zone. Among other
provisions, this Zone requires public accessways of not less
than ten feet in width from a public roadway to a recreation
area for each development involving more than 600 feet of
shoreline.
Subdivision regulations are somewhat more narrow in their
application. Here, the State Statute (NCGS 160A-372) focuses
on public dedication of streets and roads, and recreation
areas - often called "water access lots" - for residents of the
plat:
"A subdivision control ordinance may provide for . .
. the dedication or reservation of recreation areas
serving residents of the immediate neighborhood
within the subdivision and of rights -of -way or
easements for street and utility purposes."
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Mr. Brower again concludes:
"The subdivision control ordinance statutes limit the
dedication of recreation areas to use by residents of
the immediate community, not the public at large, and
mentions rights -of -way and easements only in the
context of street and utility purposes. Thus, a
developer could apparently be required. to dedicate
the dry -sand to the use of the residents of the
immediate community and streets across the upland and
dry -sand as accessways for the general public to the
wet- sand. " (2)
Nags Head's 1972 Land Subdivision Regulations already require
public dedication of all roads in subdivisions developed within
the Town, whether they be beachfront or non-beachfront prop-
erty. Carolina Beach, North Carolina, has gone so far as to
require water access lots in any subdivision that has frontage
on any of four designated bodies of water.
There is- a Model Accessway Dedication Ordinance attached as
Appendix A. This model provides for mandatory public accessway
dedication and improvement. It also provides for private
accessway and in lieu of payment to an accessway fund. This
model is structured as a freestanding code chapter, to which
future articles may be added, because it transcends subdivi-
sion, zoning and building code jurisdiction.
3. Building Setback Requirements. At times, the practical
preservation of existing public access requires the establish-
ment of building and structure setbacks. The Nags Head Zoning
Ordinance already includes such an oceanfront setback
reference.
C. Acquisition
1. Fee -Simple Purchase. The most traditional approach to
acquiring public access has been to purchase it outright.(3) In
many respects, this remains the best method; however, it is
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expensive. Several funding sources are available, including
grants (public and private); land trades (4) or sales; or
lease - option to purchase.
2. Title Action. The power of eminent domain (5) may be used to
condemn property for a government taking with compensation.
These actions usually are subject to litigation which adds to
the cost. Another option is for the local government, after a
major storm, to acquire the title to damaged properties through
the National Flood Insurance Act. This Act -authorizes the
federal government to acquire, rather than pay for replacement
of, property "damaged substantially beyond repair".
3. "Existing" Dedications. A thorough title search may reveal
lands which were dedicated for public use, but were never
accepted by proper government entity. Non -acceptance or non-
use thereafter may jeopardize the public's claim.
4. Easement Acquisition. An easement for the public to travel
across private property may be purchased or leased.(6) The
purchase or long-term lease of such an easement may qualify the
property owner for a tax reduction as noted above. A pres-
criptive easement may be acquired through court action when the
public has "customarily" used it over a period of years, if
certain other conditions are met.
Use of Existing Rights -of -Way
Those rights -of -way which extend to the public beach, but are unimproved,
may be used as public accessways. Since these are dedicated rights -of -way
and not parklands, it is important to maintain their transportaion
character.
The "conceptual dune cross section" (Figure III -A) is the model to which
the accessway site plans are keyed. As this cross section changes, so
should the site plans.
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The "temporary public accessway" (Figure III-B) shows how a typical
rights -of -way may be developed to quickly and economically provide public
access. This facility is intended to be replaced as soon as practical
with permanent facilities, or severe degradation of the dune ecology may
result.
It is recommended that sand fences be used as necessary to prevent a blow
out. Other site amenities may be added as budgetary constraints permit.
The "permanent public accessway" (Figure III-C) shows ultimate accessway
development. Lifeguard stations, multiple rest room and bathhouse may be
added, but extreme insurance liabilities, diseconomies of scale, and
vandalism problems may result. A detailed study of the need for these
facilities is recommended if they are seriously comtemplated at every
accessway. If the budget will permit, an emergency alarm should be
installed to summon aid in the event of a drowning or similar emergency.
The "permanent public accessway" (Figure III-D) (combination
pedestrian/vehicle) provides a paved ramp to the soft sand, suitable for
light vehicles. The ramp may be closed to vehiclar traffic with a chain
or cable. This type of accessway permits the launching of light sailboats
as well as the entry of beach vehicles (recreational, commercial,
maintenance and emergency). This accessway has all the same features as
accessway C above, except the elevated boardwalk is eliminated because it
is unnecessary. Since paving is required to the beach area, this type of
accessway cannot be developed where a dune exists.
The design of these accessways may be adapted for Sound access. The
greater the distance between the improved road and the dune, the more
parking may be provided and, naturally, the greater the development costs.
Additional parking may be' developed off -site in the proximity if
necessary.
Every effort should be made to minimize any negative impacts of these
accessways on neighboring uses.
14

mom* os` m ow-4 some N w go $mow amom "Sam mass
COIN
H 16H TIDE _
lOW TIDE
OCEAN WET SAND DRY SAND+n UPLANDS
INTERTIDALv (BEACH)
ZONE
(FORESHORE)
1
TYPICAL TEMPORARY PUBLIC ACCESSWAY Figure ill- B R1W LINE
'--., TRASH CONTAINER
..0 •. • •.•�v,..c��., .o
° o hr
J.
O•
o.
.'bT2 0 r
� �•t•4"w 4' �
POSTS •WITH •ROPE GUIDES •• •G='+� f.,o' Yj.o �•:
' "•,:. _ . h. •'u . i.., "oosa %o n�`�.•.'.'.'.'.•.'. '� O
r, BEACH O �o'•J�• ro0 �d::: :::•J Q
VMOOD CHIPS, MULCH OR SIMILAR ORGANIC MATERIAL A� OO �o•�J•'O�� J O Lo, '' "�•.. t�� o•o'PARK I N G
f �I. oPrw•�'�7'�o.a�o• • a� i, a.D1d o s.• o. r?. °'o: F- O
;:f { •EXIST ING• NATURAL VEGETATION • ••C4i ABILS• ° PARKI �•�AS�'G°o "O��^�`•�~
.• TO REMAIN :.Q:QGp 5 :ro�..i o :•� v cB' E o �••°'O h O
vR ?�_•OgC1..o.D oo Q
W+ J f.�r•De:•O°: Or. o:o°9;0 .d� �.J•d'O'j (k J D' n
'. •• W/i i a Jai w..-�..�77 °Luc ocy� o:D •pops arp0��o s��Pea f
+_ ... :.`.•.•.•. :.` •• •.'.'..' •.:� !on+l°0:�0 o.�pD IPpTa :u+oG%'.. uR;tiD d�
R/W LINE
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CONCEPTUAL ACCESSWAYS
NAGS HEAD. N.C.

weas£'
REST ROOM
TYPICAL PERMANENT PUBLIC ACCESSWAY Figure III-C SIiOWER/DRINKING FOUNTAIN
R/WT LINE'C/ NG ENCLOSURE
•+++fs TRf--SH G�H CGtJI"A ItJE�
.�
.... .. .. .. .. .... ... .
Y'„ ,.,, y E'XIS'T IfJCra (VJ.\TUfiLil.. V�Gf:`fQilC�ry i`d Nt MIfV
Fl
...................
_ + AROUND .•
�l.•t Z
.BEACH 3
+O
PAVED 0
a PARKING LOT
K 1
..
1
,.7. _ : '_, .,. _ '.'.•• -''. .r - :PLANTING STRIP;:
ELEU VATED PEDESTRIAN BOARDWA( ••••••••••••••••
(SWITCHBACKS AS REQUIRED
TO CROSS DUNE. HEAVY �+—LENGTH VARIES
TIMBER CONSTRUCTION)
REST ROOM
TYPICAL PERMANENT PUBLIC ACCESSWAY Figure III-D SHOWER/DRINKING FOUNTAIN
(COMBINATION PEDESTRIAN/VEHICULAR ACCESS) R/W LINC��� CHANCING ENCLOSURE
�� TRASH CONTAINER
...... .. r'► PLANTING STR�Tr 7
EXISTINSi:rMLSYlIiSd�GEG�;I"Iat1aFJ YQF:E_`IVIiLfV•
`Z4t Z G
BEACH
..; . -. :<
e PAVED VEHICULAR ACCESS PA:7KING LOT
y
....
a.,- _ ... 1 • • . • • • • • • .. CHAIN COIASE OFF 1
....... :PLANTING STRIP : _i
R/W LINE • ••Not�••FOR •APPLICATIONS WHERE
THERE IS NO oUNE. ONLY.
LENGTH VARIES
b'1(11AA)B � NUftK9 -
CONCEPTUAL ACCEc
NAGS HEAD, N. C.

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CONCLUSIONS AND RECOMMENDATIONS
Previous sections of this document have described the program objectives,
the physical nature and legal definition of the "beach", the community's
goals and objectives regarding recreation and beach access in the context
of the present situation, the current status relative to existing beach
access points, and various strategies for implementing a beach access
plan. It has been concluded that existing beach access points are not
sufficient to meet either present or future demands.
Based on a standard of one unpaved access point every 1500 feet, the Town
should ultimately provide 44 points of access to the beach - on the Ocean
side alone. At present, the Town has only.33 points of access, including
two on the Sound. Furthermore, few, if any, of the existing access points
are improved; that is, offer paved parking areas and other support
facilities (i.e. changing enclosure, rest room, trash containers,
shower/drinking fountain, or improved walkways to the beach).
In recognition of this situation, the Nags Head Board of Commissioners are
intent upon a formal program that will ultimately resolve these
• deficiencies. In fact, the Board has already initated an access
acquisition program on several oceanfront properties. Most notable among
them is a large planned unit development project proposed for the frontage
between Empire and Forrest Streets. This development has some 7100 feet
of shoreline in which the Town has three rights -of -way; Empire, Edwin and
Egret Streets. Currently, the Town Manager and Board of Commissioners are
negotiating with the developers to establish improved public beach access
points as a part of the approval process for the total development
project. At the very least, the administration hopes to combine the
existing access points into one, large (140 foot) improved beach access
project.
The Board of Commissioners recognize the problems of project by project
negotiations and that a better solution is a very comprehensive and long-
range program. The larger program should include:
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1. Enactment of the Land Development Regulations (Appendix A) to
supplement and complement zoning, subdivision and other regulatory
codes. The Land Development Regulations will establish legal
procedures for insuring the dedication of public accessways or
payment of fees in lieu of public accessway dedication as a part of
future land development projects. The fees collected under these
regulations can be reserved for capital improvements (i.e. parking,
rest room, etc.) to any access point.
2. Capital Improvements Programing to systematically fund and improve
facilities at selected beach access points. As shown on the
conceptual site plan, these improvements should ultimately include
paved parking areas, rest room and changing enclosures, trash
receptacles, shower/drinking fountain facilities, pedestrian
boardwalks and, where appropriate, vehicular accessways. The Town
has already initiated a comprehensive capital improvements program
including a two-phase, $600,000 beach access improvement seqment, as
part of this CAWA grant program.
3. Cooperating, to the maximum extent possible, in regional efforts to
provide beach access and other recreational facilities.
4. Encouraging private business, such as hotel, motel and marinas, to
continue to meet a portion of the demand for beach access.
5. Exploring other implementation strategies, including tax relief,
land donation, and development bonuses as a viable means of acquiring
and/or developing beach access points.
Only through a comprehensive, multi -faceted program will the Town begin to
provide the level of beach access the residents need and desire. And only
through such a program will the community be able to maintain the "Family
Beach" atmosphere that brings so many visitors back to Nags Head.
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REFERENCES
1. Wolff, Harper's Magazine, August 1973.
2. Brower, David, Access to the Nations Beaches: Legal and Planning
Perspectives, Sea Grant Publication UNC-SG-77-18,'February 1978,
Page 77.
3. NCGS 153A-158 and 160A-11i, Counties and Municipalities Authority to
Acquire Interest in Real Property for Public Purposes.
4. See: NCGS 113A-135; Authorizes land trades.
5. See: NCGS 160A-241; Authorizes Municipal Exercise of Eminent Domain
Powers.
6. See: NCGS 113A-11 and 113A-135; Authorizes leaseholds for munici-
palities and the Land Conservancy Corp.
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APPENDIX
MODEL ACCESS DEDICATION ORDINANCE
NOTE: The following ordinance is
intended to serve as a guide to the
Town of Nags Head, North Carolina. As
with any model ordinance, it needs to
be reviewed with respect to local
policy consistency. This ordinance
should also be reviewed with legal
counsel prior to adoption.
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LAND DEVELOPMENT REGULATIONS
ARTICLE 1. PURPOSE. The purpose of this Ordinance is to set forth certain
regulations pertaining to land development within the Town, which regulations
shall be in addition to all other applicable building, subdivision, zoning and
other regulations established by Town Ordinance. This Ordinance shall apply
to, and be enforced in, all areas of the Town, and no person shall develop land
anywhere in the Town except in conformity with this Ordinance and other
applicable regulations of the Code of Ordinances and amendments thereto.
ARTICLE 2. PUBLIC ACCESS DEDICATION.
Section 1. Purpose. This Ordinance is enacted to insure that future land
development within the Town provides for public access to the Atlantic Ocean
and Roanoke Sound. This Ordinance may be cited as the "Public Access
Ordinance" of the Town of Nags Head, North Carolina.
Section 2. Definitions. For the purpose of this section:
a) "Developer" shall mean any person undertaking any development as
defined in this section.
b) "Development" shall mean any subdivision, whether or not the
recording of a plat is required; any horizontal condominium; and any
multiple dwelling unit residential building, including, but not
limited, to, apartments, condominiums, hotels, motels, special
planned developments, planned unit development, and group develop-
ment projects. Development shall also mean any commercial or
industrial building or structure. The term shall, when appropriate
to the context, include the act of establishing or creating any of
the foregoing or the result of such activity.
c) "Public Accessway" shall mean a piece of land transferred to public
use for access to the Atlantic Ocean or Roanoke Sound. Public
accessways may be dedicated by right-of-way, perpetual easement, or
fee simple title transfer.
Section 3. Requirements. As a condition of development, the developer shall
dedicate land, pay a fee in lieu thereof, or combination of both, at the option
of the Town 13oard of Commissioners, for public access at the time and according
to the standards and formula in this section.
Section 4. General. Standard, Formula.
a) It is hereby found and determined that the public interest, conven-
ience, health, welfare and safety require that public access to the
Atlantic Ocean and Roanoke Sound be provided at the regular interval
of 1500 feet.
b) Formula for dedication of land: To determine the number of public
accessways to be dedicated with the general standard of one public
accessway per fifteen hundred (1500) lineal feet of shoreline, the
following formula shall be used:
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Lineal feet _ of shoreline 1500 = Number of accessways
'
The number of lineal feet of shoreline for any proposed development
shall be measured along the mean high water line.
c) Fractions of public accessways shall be converted for fee payment, as
provided by formula herein.
Section 5. Formula for Fees in Lieu of Public Accessway Dedication. If it is
determined that no public accessway is to be located in whole or part within
the proposed development to serve immediate or future needs of the residents,
the developer shall, in lieu of dedication, pay a fee. This fee shall be equal
to the value of the land acreage and required improvements as determined herein
for dedication.
Section 6. Use of Money. The monies collected hereunder shall be placed in a
reserve account within the general fund which shall be known as the Reserve for
Public Accessways. Monies within the reserve account shall be used and
expended solely for the acquisition, improvement, expansion or implementation
of public accessways. Said monies, as they relate to fees paid for any given
development, shall be used first for the purpose of providing public accessways
reasonably related to serving said development by way of the purchase of
necessary land and improvements; or if adequate public access exists in the
area, the monies may be spent to acquire or improve public access as needed at
any location in the Town.
Section 7. Amount of Fee in Lieu of Public Accessway Dedication. Where a fee is
required to be paid in.lieu of public accessway dedication, the amount shall be
based upon the fair market value of the amount of land and improvements which
would otherwise be required to be dedicated. The Town Appraiser shall
determine the fair market value of the land in the proposed development, and
this determination shall be used in calculating the fee to be paid. If a
developer objects to the fair market value determination, he may, at his own
expense, obtain an appraisal by a qualified real estate appraiser approved by
the Town, which appraisal of fair market value may be accepted by the Town
Board of Commissioners. Alternatively, the Town and the developer may agree as
to the fair market value.
Section'8. Determination of Land or Fee. The Town Board of Commissioners shall
determine whether to accept public accessway dedication, require payment of a
fee in lieu thereof, or combination of both, after consideration of the
following:
a) Topography, geology, access and location of land in the development
available for dedication;
b) Location relative to residential population concentrations;
c) Size and shape of the development and land available for dedication;
d) The feasibility of dedication; -
e) Availability and proximity of previously acquired public accessways;
and
f) Consistency with the Land Use Plan.
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Section 9. Credit for Private Accessways. Where private accessways are
provided in a proposed development and such space is to be privately owned and
maintained by the future residents of the development, credit may be given
against the requirement of public accessway dedication or payment of fees in
lieu thereof. The Town Board of Commissioners must find it is in the public
interest to do so and that all of the following standards are met:
a) The private ownership and maintenance of the accessway is adequately
provided for by recorded written agreement, conveyance or restric-
tions;
b) The perpetual use of the private accessway shall be restricted for
accessway purposes by recorded covenant, which runs with the land in
favor of the future owners of property and which cannot be defeated
or eliminated without the consent of the Town or its successor;
c) The proposed private accessway is reasonably adaptable for use for
public and accessway purposes, taking into consideration such fac-
tors as size, shape, topography, geology, access and location;
d) Facilities proposed for the private accessway are in substantial
accordance with the provisions of this ordinance; and
e) The accessway for which credit is given meets accessway needs of all
existing and future residents of the area.
Section 10. Procedure.
a) In the case of a subdivision for which a plat is required to be
recorded, as a condition of preliminary plat approval, the developer
shall agree in writing to dedicate public access, pay a fee in lieu
thereof, or combination of both, at the option of the Town, according
to the standards and formula in this section. A recommendation from
the Planning Board shall be forwarded to the Town Board of Commis-
sioners.
At the time of approval of the preliminary subdivision plat, the Town
shall determine the number of public accessways to be dedicated or
fees to be paid by the developer.
At the time of filing of the final subdivision plat, the developer
shall dedicate the public accessways, pay the fees as previously
determined by the Town Board of Commissioners, or furnish a bond in
the amount of one hundred ten (110) percent of the fees which shall
become a lien upon the property and shall be paid upon issuance of
the first certificate of occupancy or the transfer of title to any
parcel or unit of the land or improvements thereto.
b) In the case of a development for which a plat is not required to be
recorded, the developer shall dedicate public accessways, pay a fee
in lieu thereof, or combination of both, prior to the issuance of a
building permit. The determination of public accessway dedication,
fee payment in lieu thereof, or combination of both, shall be made by
the Town Board of Commissioners after consideration of the recom-
mendation of the Planning Board. A bond may be furnished, in lieu of
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fee, in the amount of one hundred ten (110) percent of the fee, which
shall be paid upon the issuance of the first certificate of occupancy
or the transfer of title to any parcel or unit of the land or
improvements thereto, as described in paragraph a) of this section.
Section 11. Public Accessway Character and Development.
a) Where a public accessway is required, it shall be at least fifty (50)
feet wide. When in the opinion of the Town Board of Commissioners it
is desirable, two ar more required public accessways may be placed
side by side.
The length of the public accessway shall be as long as necessary to
run from the public intertidal zone to the nearest improved public
street right-of-way.
The location of the public accessway shall be at the discretion of
the Town Board of Commissioners with consideration of the following:
1) The impact on the layout of the proposed development;
2) The length necessary to accomplish the purposes of this ordi-
nance;
3) The preservation of unique or valuable natural or historic fea-
tures; and
4) The need for access at regular intervals for public safety pur-
poses.
b) Where a public accessway is required, it shall be developed with the
following:
1) Stabilized, hard -surfaced parking spaces, access aisle, and
turn -around for as many vehicles as practical between the
nearest improved right-of-way and the land side of the primary
dune.
2) A trash receptacle, freshwater shower/drinking fountain,
planting strips, changing enclosure and rest room, and direc-
tional sign indicating public beach/sound access.
3) A raised walkway structure across the primary dune. Said
walkway shall be designed according to accepted practices to
minimize pedestrian impact on sensitive dune elements.
4) Other reasonable improvements as determined appropriate and in
the public interest by the Board of Commissioners.
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