Land and Water Use Plan 2000-2000

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D* T ision of Coastal Management
Town of Nags Head
Land and Water Use Plan 2000
Town of Nags Head
P O Box 99
Nags Head NC 27959
252441.5508

Town of Nags Head
Land and Water Use Plan 2000
Board of Commissioners
Renee Cahoon, Mayor
Robert W Muller, Mayor Pro Tem
George Farah
R. Brantley Murray
Douglas M. Remaley
Planning Board
David Oaksmith, Chairman
Bo Taylor, Vice Chairman
Barbara Blonder
Bob Oakes
Paul Royston
Harry Seymour
Katie Thompson
J. Webb Fuller, Town Manager
Gary E Ferguson, Planning Director
Bruce Bortz, Planner
Carole Lewallen, Planning Technician
Adopted by the Nags Head Board of Commissioners,
September 6, 2000
Approved by the North Carolina Coastal Resources Commission,
September 29, 2000

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 Ocean and Coastal
Resource management, National Oceanic and Atmospheric
Administration.

Table of Contents
1. Introduction: Overview of Nags Head and the Land
and Water Use Planning Process
1
2. Mission Statement and Vision Statement
6
3. Zoning District Review
8
4. Demographics
19
5. Assessing Growth and Development in Nags Head
25
6. Managing Growth and Development in Nags Head
37
7. The Beach Plan
43
8. Estuarine Waters and Shoreline Plan
84
9. Hurricane and Storm Hazard Mitigation and Reconstruction
98
10. Traffic and Transportation
109
11. Wastewater Disposal
115
12. Stormwater and Water Quality
120
13. Water Supply and Distribution
127
14. Economic Development
133
15. Housing
143
16. Visual and Aesthetic Resources
149
17. Recreation and Open Space
155
18. Nags Head Woods
162
19. Police and Fire Protection
166
20. Solid Waste
170
21. Public Participation and Intergovernmental Coordination
174
22. Special Development Issues
177
23. Review of Implementation of the 1990 Land Use Plan Policies
182
24. Policies and Implementation Methods
193
25. Land Classification System
206
26. Citizen Participation and Meetings
209
27. Glossary
211
Land and Water Use Plan 2000

List of Tables and Charts
1. Table 3.1 Low Density Residential Districts (R-1)
9
2. Table 3.2. Medium Density Residential District (R-2)
10
3. Table 3.3. High Density Residential District (R-3)
10
4. Table 3.4. Commercial Residential District (C-R)
11
5. Table 3.5. General Commercial District (C-2)
12
6. Table 3.6. Commercial Services District (C-3)
13
7. Table 3.7. Village -Commercial District (C-4)
14
8. Table 3.8 Special Planned Development District (SPD-20)
14
9. Table 3.9. Special Environmental District (SED-80)
15
10. Table 3.10. Special Planned Development -Community
District (SPD-C)
17
11. Table 3.11. The Village at Nags Head
17
12. Table 4.1 Population - Dare County and Nags Head 1960-1995
19
13. Table 4.2. Summary of Population Projections
20
14. Table 4.3. Estimated current peak visitor and
resident population
21
15. Table 4.4. Approximate number of dwelling units at
or near build -out
22
16. Table 4.5. Population - Age distribution
23
17. Table 4.6. Age distribution
23
18. Table 5.1. Dwelling Units
25
19. Table 5.2. Single-family construction
26
20. Table 5.3. Major non-residential development 1991-1996
27
21. Table 5.4. Residential, hotel and multi -family units
28
22. Table 5.5. Land area by acres for all zoning districts
29
23. Table 5.6. Lots available for development
30
24. Table 5.7. Development pattern in the C-2 District
over the past 12 years
31
25. Table 5.8. Undeveloped land in the C-2 District
32
26. Table 5.9. Maximum build -out using current development
standards and historical development patterns
33
27. Table 5.10. Non-residential acreage by district
34
28. Table 5.11. Acreage (Town -wide) based on land use/per year
34
Land and Water Use Plan 2000
L

29. Table 5.12. Approximate number of dwelling units
at or near build -out
30. Table 7.1. Land Use Composition in the oceanfront
CR District
31. Table 7.2. Land Use Composition in the oceanfront
R-1 District
32. Table 7.3. Land Use Composition in the oceanfront
SPD-C District
33. Table 7.4. Land Use Composition in the oceanfront
R-2 District
34. Table 7.5. Number and types of oceanfront accommodations
35. Table 7.6. Usage activity at regional bathhouses
36. Table 7.7 Occupancy and ad valorem taxes
collected by the town
37. Table 7.8 Countywide occupancy tax collection
38. Table 7.9 Comparison of property at risk from the 1984 and 1996
39. Table 13.1. Projection of WCUs
40. Table 13.2. Nags Head water distribution system
41. Table 14.1. Travel and visitor indicators
42. Table 14.2. Occupancy Tax
43. Table 14.3. Number and types of oceanfront accommodations
44. Table 15.1 Approximate age of homes
45. Table 17.1. User counts at the regional bathhouses
46. Table 17.2. Recreational facilities summary
47. Table 20.1. Trash collection
48. Table 24.1. Interrelationships of Policies
49. Pocket Maps. Map 1. Existing Land Use Map
50. Map 2. Hazardous Areas Map
51. Map 3. Fragile Areas Map
52. Map 4. Land Classification Map
53. Map 5. Recreation Facilities Map
Land and Water Use Plan 2000
35
54
55
56
57
58
62
65
66
71
129
130
134
135
136
146
156
157
170
204

IChapter 1.
' Introduction: Overview of Nags Head
and the Land and Water Use Planning Process
' The Town of Nags Head is a unique and attractive resort community on the
Outer Banks of North Carolina. A number of characteristics make it an
attractive place to live or vacation. Among them are its proximity to water and
beaches, its abundance of open spaces, its generally low density of
development, and the overall quality of its natural environment. Nags Head is
primarily an ocean and sound oriented community. The Town is fortunate to
have significant natural resources, including the ocean and its beaches, the
sound, a complex natural area called Nags Head Woods (consisting of stable,
productive marshlands, fresh water ponds, and steep migrating and stabilized
dunes), and unique geological features like Jockey's Ridge. Nags Head is a
recreational wonderland, closely tied to its natural environment.
Nags Head, from its early beginnings in the 1800s, has consisted predominantly
of single-family cottages and a few hotels. Family operated businesses and
cottage courts made up the commercial sector of Nags Head. These factors
contributed to a certain charm, and a slow and relaxed pace of life. The Town
has been and still is an annual vacation spot for a countless number of families
who make repeat visits from their hometowns. For many visitors and residents,
Nags Head is a "family beach."
Nags Head has been slow to develop when compared to other resort and
vacation areas along the east coast, e.g., Myrtle Beach, South Carolina; Ocean
City, Maryland. This slow growth has partly been a result of the remoteness of
the Town. However, like all of the Dare County beach communities, Nags
Head, especially during the mid- to late-1980s, experienced tremendous growth
and development pressures. As an indication, the permanent population
increased 80 percent from 1980 to 1990. The most significant growth pressures
in the Town are, and will continue to be, generated by seasonal resort
development. The task the Town is now facing is how to balance the needs of
residents, visitors, and the tourist industry, and not destroy those natural and
cultural features which have made Nags Head an attractive place to live and
'
visit. The Town currently has over 3,000 single-family dwelling units. Of that
number 18 percent were built before the advent of modern storm resistant
building codes. As more redevelopment and renovation occur, the Town will
need to seek measures to maintain the character of the existing housing stock.
'
Land and Water Use Plan 2000 1

Chapter 1. Introduction
To accomplish this, the Town must seek measures (retrofitting techniques and
careful monitoring of our existing housing during periods of renovation) to
ensure that the existing pattern and character of Nags Head will be enhanced.
The 1990 Land Use Plan Survey of the attitudes of residents and property
owners found that most were in agreement that Nags Head should remain a
family -oriented beach. This belief was again confirmed in the 1996 Land Use
'
Plan Survey. The results from both surveys highlighted the level of importance
that residents and non-resident property owners place on the quality of the
natural environment, including such things as access to beaches and the
'
protection of open space in the Town. Yet the growth pressures which Nags
Head is currently experiences indicate that the Town has been "discovered,"
and that this discovery puts in jeopardy many of the features and characteristics
that make the Town such an attractive place in which to live and vacation.
The local planning requirements of the North Carolina Coastal Area
Management Program (CAMA) provide the framework in which to analyze and
project these future growth pressures, identify the problems and concerns they
raise, and develop appropriate policies and actions for dealing with them.
CAMA mandates that coastal localities update their land use plans at least
every five years, and what follows in this plan is the result of the updating
process. Nags Head is truly at an important juncture and this plan update must
provide essential direction and guidance for managing Nags Head's growth,
both in the short and long terms. It is important to recognize that even if this
planning effort was not required under CAMA provisions, the Town would still
have undertaken it.
This plan will differ somewhat from the traditional land use plan produced as a
result of CAMA regulations. Within this land use plan we will present an
"Ocean Beach Plan" and an "Estuarine Plan." Both the ocean beach and
estuarine plans will look comprehensively at all the issues -both land based and
water based in each of these unique areas of the Town. Those policies,
regulations, and rules which may be applicable to the ocean beaches and
'
oceanfront, may not be applicable to the estuarine areas of the Town. Each plan
will address all the land use and water use components and concerns of each
area and suggest measures to enhance each area.
'
With previous plans most of the planning emphasis and policy development
have been placed on land based planning. However, in this plan we will also
address water use planning, and accordingly this plan is entitled "The Nags
'
Head Land and Water Use Plan."
The Town considers the following CAMA guidelines regarding resource
production and management issues not applicable and relevant to Nags Head at
this time and they will not be discussed in the plan:
1. Productive agricultural lands.
Land and Water Use Plan 2000 2

2. Existing and potential mineral productive areas, such as land -based
commercial mining of sand.
3. Peat or phosphate mining and industrial impacts on any resource.
4. Pocosins.
5. Restrictions (above and beyond CAMA, Corps and FEMA regulations) of
development within areas up to five feet above mean high water that might
be susceptible to sea level rise and wetland loss.
The Town considers the following types of development as not desirable in
'
Nags Head and they will not be permitted:
1. Dry -stack boat storage
'
2. Floating homes.
3. Large (more than ten boats) commercial boat marinas.
4. Finger canals.
5. Upland excavation for boat marinas.
6. Forestry practices in Nags Head Woods (SED-80).
7. Mooring buoys to accommodate transient visitors.
The essential purpose of this plan is to permit Town officials to make the most
deliberate and informed decisions as possible about future growth. The plan
attempts to comprehensively analyze the likely impacts of growth, identify
Town goals with respect to these impacts, and present policies and actions to
manage this growth consistent with these goals. This plan will be used and
referenced in future land or water use decision -making, and in particular by
several key sets of local actors: the Board of Commissioners, Planning Board,
'
Board of Adjustment, and the Town's Department of Planning and
Development. In addition, the Board of Commissioners has appointed a
'
Citizens' Advisory Committee to collect public opinion on planning, as well as
other issues, and to act as liaison between the Board of Commissioners and
citizens in the community.
While the following plan represents the codification of Town policies at one
point in time, the Town's Land and Water Use Plan is dynamic and
evolutionary. Numerous land and water use decisions are made each month..
Hopefully, this plan provides the basis for understanding the implications of
future land and water use decisions (including failing to take action), and will
serve as an overall framework for guiding future decisions by the Town.
The Town of Nags Head is somewhat unusual in that the policies in the Land
and Water Use Plan serve as a five-year work plan. The adopted policies are
prioritized, and time tables and goals are established for their implementation.
'
Land and Water Use Plan 2000 3

Chapter 1. Introduction
1 While CAMA regulations require that the Town address development and land
and water use issues, those same regulations do not require that towns or
counties follow through and implement the adopted policies.
In considering policy development, the Town carefully addresses each policy
area. Not only are the positive aspects of a policy considered, but negative
concerns are also recognized. Not all policies are implemented. Sometimes after
thoughtful discussion with various boards and citizens, or after considerable
research by staff, it is found that the implementation of a particular policy may
not be practical for any number of reasons. The Town places great emphasis on
the planning process, that is, a willingness to commit time, energy, and money
to gather information, identify the problems, develop goals and objectives,
identify and discuss alternative solutions, select a plan of action, and implement
' the plan. In Nags Head the process does not stop with implementation of a
policy or goal. There is continuous monitoring and adjusting to fine-tune any
plan or ordinance.
Some significant ordinances and policies adopted since the 1985 Land Use Plan
are: (1) The Village at Nags Head Development Standards; (2) Environmental
district regulations for SED-80; (3) Lot coverage requirements; (4) Hotel and
multi -family development standards; (5) Hurricane Mitigation and
Reconstruction Plan; (6) Facility Fees Ordinance; and (6) Capital
Improvements Plan. Significant ordinances, plans, and policies adopted since
the 1990 Land use plan include: (1) Participation in the Community Rating
System, (2) Adoption of a Comprehensive Stormwater Management Plan, (3)
The Commercial -Outdoor Recreational Uses Overlay District zoning
regulations; and (4) The 1997 Model Mitigation Plan. (In 1998, the Town
adopted extensive regulations on sexually Oriented Businesses and Personal
Watercraft.)
Organization of the Plan
The central theme for this plan centers around and uses the Town's Mission and
' Vision statements adopted by the Board of Commissioners on June 4, 1997.
The Mission and Vision statements are simply that, a statement and vision on
how the Board of Commissioners feels the Town should be developed and what
' principles and values should guide that development. The Mission and Vision
statements are located in chapter 2.
The plan begins with a review, district by district, of the characteristics and
uniqueness of each district along with some basic facts about development in
each district. Next is an analysis of population followed by an analysis of
development trends in the Town, and the implications of this growth and build -
out scenarios (Chapter 5). Chapter 6 examines the different dimensions of
growth which can be modified to address local goals, and the alternative
approaches to growth management which might be used to accomplish this.
I
Land and Water Use Plan 2000 4

Chapter 1. Introduction
This chapter also provides specific examples of how the impacts of growth can
be altered through growth management intervention.
Chapters 7 and 8 represent the Ocean Beach Plan and the Estuarine Plan. Both
plans will discuss management of our ocean and estuarine resources and
shoreline, growth pressures, and development patterns as well as concerns and
issues which affect these areas specifically. Much of the information developed
in these chapters will draw upon data developed and reported in other chapters
of the Land Use Plan.
Hurricane and storm mitigation is covered in chapter 9. Chapter 10 discusses
'
traffic and transportation. Chapters 11 and 12 covers wastewater and
stormwater control.
1
Chapters 13 through 20 provide specific discussions of particular substantive
policy areas of relevance in Nags Head. These chapters discuss subjects such as
water supply and distribution, economic development, housing, aesthetics,
resources, recreation and open space, Nags Head Woods, police and fire
protection, solid waste and public participation. Each of these chapters is
structured in the same way, beginning with a background discussion, the
delineation of a community goal, and finally the preparation of a fairly detailed
set of land use policies to advance the goal.
Chapter 22 (Special Development Issues) outlines issues of special concern:
adult entertainment, personal watercraft, comprehensive planning, and
community appearance.
'
Chapter 23 offers a brief review of progress the Town has made to date
regarding implementation of the 1990 Land Use Plan policies.
Chapter 24 (Policies and Implementation Methods) analyzes the policies
identified in. previous chapters for their ability to advance a number of
'
community goals simultaneously. From this analysis, a list of more specific
implementation activities is prepared. Finally, Chapter 25 discusses the Town's
land classification system.
' Land and Water Use Plan 2000 5

Chapter 2.
Mission Statement and
Vision Statement
The central theme for this plan centers around and uses the Town's Mission and
Vision Statements adopted by the Board of Commissioners on June 4, 1997.
The Mission and Vision Statements are simply that, a statement and vision on
how the Board of Commissioners believes the Town should be developed and
what principals and values should guide that development.
The following is the mission statement and vision statement adopted by the
Nags Head Board of Commissioners.
THE TOWN OF NAGS HEAD AUSSION STATEMENT
The mission of the Town of Nags Head is to provide for the
health, safety and welfare of the citizens, property owners and
visitors of the town, to fulfill the requirements placed on it by the
State of North Carolina and to facilitate the achievement of
community goals by providing municipal services in a flexible,
cost effective, customer friendly manner and to achieve this
through an open, consensus driven process that treats all with
respect.
THE TOWN OF NAGS HEAD VISION STATEMENT
The Town of Nags Head is working to build a community
populated by diverse groups whose common bond is a love of the
Outer Banks. We recognize that the Town must be a good place
to live before it can be a good place to visit. We recognize that
those who have lived on this land before us have forged our path
and that we must learn from them and respect their memory. We
recognize that our natural environment is an integral part of our
community and must be considered in all decisions. We
recognize that in order to secure this future we must work
together, treating all with respect and providing all with justice,
keeping our common goals in front of us and our petty
differences behind us.
The Town of Nags Head is working to build a community with
an economy based on family vacation tourism. The base of that
Land and Water Use Plan 2000 6

economy is the rental of single-family homes. Important elements
in developing and maintaining this economy are
• An oceanfront beach that is accessible and usable, not
' blocked by large structures.
A natural environment typified by clean waters and the
natural landscape of sand dunes and salt tolerant vegetation.
' Commercial services provided b locally owned and operated
• P Y Y
businesses that share in the building of our community.
Recreational amenities and attractions, both commercial and
non-commercial, that are wholesome and appeal to a broad
' spectrum of family members.
r,
h
Land and Water Use Plan 2000 7

Chapter 3.
Zoning District Review
Zoning is the basic means of land use control. The State of North Carolina
delegates the authority to counties and municipalities the power to zone,
subdivide land and establish development regulations. Zoning imposes
different controls and regulations on each district. The Town's zoning
ordinance specifies allowed and conditional uses, the intensity or density of
each use, and other regulations. Zoning is usually coordinated with a land
development plan, such as a land use plan. Together, they form the
framework for the Town's development.
The Town of Nags Head has ten zoning districts (see map 1) and several
1 areas of extraterritorial jurisdiction. Some of the districts such as R-1, R-2
and R-3, are set aside primarily for residential development. Districts such as
the C-2 District allow a mixture of commercial and residential uses, while
' other districts, such as the C-3 (Commercial Services District), are very
limited in what commercial uses will be allowed.
What follows is a review of each of the Town's zoning districts. Many of
' these districts will cover several separate and distinct areas within the Town.
As an example, the R-2 encompasses some areas west of South Croatan
Highway as well as most of the areas in South Nags Head along the
oceanfront. The development characteristics and growth pressures for each
area will be somewhat different. The Beach and Estuarine Plans will examine
their respective zoning areas in more detail than presented here.
• R-1: Low Density Residential District
The R-1 District is intended to encourage the development of low -density
' residential neighborhoods. There are two R-1 residential districts in Nags
Head. One is along the oceanfront between Jockey's Ridge State Park and
Diamond Street adjacent to South Virginia Dare Trail. Within this area there
' are approximately 46 homes listed in the National Registry of Historic Places.
The other R-1 District area is off the Nags Head-Manteo Causeway and
includes Pond Island, and portions of Cedar and Horse Islands.
' The permitted uses in this district are limited to single-family dwellings and
municipally owned public access facilities. Conditional uses are fire stations,
' private parks and clubs, and public utility facilities.
' Land and Water Use Plan 2000 8
I

Chapter 3. Zoning District Review
As noted in Table 3.1, there are approximately 58 acres of undeveloped land
in R-1. A large portion of this undeveloped land (54 acres) is located on
Cedar and Horse Islands, and the land areas on the south side of the
Causeway near Pond Island. These tracts along the Causeway appear to
contain a significant amount of wetlands. Excluding these parcels, there are
ten lots available for development. With the exclusion of these parcels, 95.8
percent of the land area in R-1 is developed.
Table 3.1 Low Density Residential Districts (R 1)
Land Class
No. of Lots *
Acreage
Percentage of Total
Total Developed
106
73.83
55.97%
Total Undeveloped
17
58.08
44.03%
TOTAL
123
131.91
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
R-2: Medium -Density Residential District
The R-2 District is intended to encourage the development of moderate -
density residential neighborhoods with a mix of permanent and seasonal
residents, and also to serve as a transition zone between the low -density areas
and more intensely developed areas. There are three R 2 residential areas.
The northern area is on the west side of Croatan Highway and includes
Carolinian Colony (behind Kelly's Restaurant), Oak Knoll Estates, (behind
the Surf Slide), Nags Head Acres, Vista Colony West (west of Ace
Hardware) and the Hills at Nags Head subdivisions. The second area is west
of US 158, between Soundside Road and the Outer Banks Mall and includes
South Ridge (behind the Post Office) and Old Nags Head Cove subdivisions.
The third area is generally south of Whalebone Junction and includes most of
South Nags Head including the oceanfront.
Permitted uses in R-2 include single-family and duplex houses, and
municipally owned public access facilities. Conditional uses include religious
complex, fire stations, fishing piers, private parks and playgrounds, public
utilities, and private clubs.
' There are 881 acres in R-2; of that total, 61 percent is developed. Of the
developed land, 92 percent of the land area is devoted to single-family and
duplex residential uses. See Table 3.2.
Land and Water Use Plan 2000 9
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Chapter 3. Zoning District Review
Table 3.2. Medium Density Residential District (R-2)
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
1,604
490.93
55.73%
Cottage Court
17
25.54
2.90%
Multi -family
1
5.68
0.64%
Commercial
1
1.30
0.15%
Religious Complex
2
2.74
0.31 %
Public -Government
9
4.30
0.49%
Private Recreation
3
3.88
0.44%
Public Utility
1
0.11
0.01%
Total Developed
1,638
534.48
60.67%
Total Undeveloped
794
346.52
39.33%
TOTAL
2,432
881.00
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
R-3: High Density Residential District
The R-3 residential district is established as an area in which the principal use
of the land is for high -density residential development. This district also
provides for development of less intensive residential uses as well as
compatible supporting uses. See Table 3.3.
Table 3.3. High Density Residential District (R-3).
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
331
56.18
48.27%
Commercial
1
0.47
0.40%
Public -Government
3
2.22
1.91 %
Total Developed
335
58.87
50.58%
Total Undeveloped
69
57.50
49.42%
TOTAL
404
116.37
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
There are four R-3 areas within the town. The first two areas are in the
northern part of town between Wrightsville and Memorial Avenue. One area
is from Eighth Street to an area just past Atlas Street, and the other R-3 area
is between Gallery Row and Abalone Street, The largest R-3 area is
comprised of parts of Vista Colony, Vista Colony South (the area east of East
Land and Water Use Plan 2000 10

C
Chapter 3. Zoning District Review
Carolina Bank), and most of the area south of Dowdy's Amusement Park
between the highways. This includes the Enclaves subdivision, the area
around Linda Lane, part of Nags Head Shores subdivision, and the Stronach
Tract which is located between US 158, Fresh Pond Avenue, and Hollowell
Street. The fourth area includes the Town Hall Complex, Hawk's Nest
subdivision just to the south, and an unsubdivided parcel to the south of the
Hawk's Nest subdivision.
There are 116 acres in R 3 of which 59 are developed. Of the developed
acreage, 95 percent has been developed residentially primarily as single-
family residences.
CR: Commercial Residential District
The CR District is an area in which the principal use of the land is for
intensive recreational purposes and for those types of developments which,
by their nature, are best located in close proximity to the Town's ocean
beaches. The district also provides for less intensive recreational uses as well
as compatible supporting uses.
As of January 1, 1997, there are 34 lots remaining to be developed.
Table 3.4. Commercial Residential District (C-R).
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
238
135.76
51.52%
Cottage Court
18
9.86
3.74%
Multi -family
14
27.70
10.51 %
Hotel
26
52.61
19.97%
Commercial
9
12.43
4.72%
Public-Govemment
1
2.42
0.92%
Total Developed
306
240.78
91.38%
Total Undeveloped
34
22.71
8.62%
TOTAL
342
263.49
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
All of the CR district is along the oceanfront and is comprised of four areas.
The first area is from Eighth Street south to the 3800 block (near Jockey's
Ridge State Park) of Virginia Dare Trail. The next area extends from an area
just south of Diamond Street to the Quay Condominiums. The third area is
between Sea Pointe subdivision (across from the Town Municipal Complex)
and the Epstein regional beach access. The last area, and the most intensively
developed, extends from the southern boundary of The Village at Nags Head
Land and Water Use Plan 2000 11

H
Chapter 3. Zoning District Review
tract at Forrest Street south into South Nags Head, ending approximately 600
feet south of Huron Street.
C-2: General Commercial District
The C-2 District is established to provide for the proper grouping and
development of commercial facilities to serve the entire community.
The C-2 District is 465 acres in size and is distributed in several areas
throughout the town. The northernmost portion of C-2 is along both sides of
US 158 from Eighth Street to Villas Dunes Drive on the west and from
Eighth Street to Dowdy's Amusement Park on the east side of US 158.
Another section of C-2 is between Memorial Avenue, Fresh Pond Drive and
Virginia. Dare Trail. The largest section of C-2 is between US 158 and
Virginia Dare Trail from Jockey's Ridge State Park south to South Nags
Head. Another section of C-2 is on the west side of US 158 from the southern
boundary of The Village at Nags Head south to the Nags Head—Manteo
Causeway. The last C-2 area is along both sides of the Causeway. See Table
3.5.
Table 3.5. General Commercial District (C-2).
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
254
60.91
12.84%
Cottage Court
7
2.93
0.62%
Multi -family
11
1.54
0.32%
Hotel
13
16.61
3.50%
Commercial
140
167.13
35.21 %
Religious Complex
3
5.83
1.23%
Public -Government
13
6.34
1.34%
Commercial Outdoor
19
57.36
12.09%
Recreation
Public Utility
2
1.91
0.40%
Total Developed
462
320.56
67.55%
Total undeveloped
247
154.06
32.45%
TOTAL
709
474.62
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
' . C-3: Commercial Services District
The commercial services district was established to provide for location of
commercial services which are required for the development of Nags Head.
' Land and Water Use Plan 2000 12
I

' Chapter 3. Zoning District Review
' Examples of commercial services include wholesale food and beverage
storage and distribution, building contractors' offices, and storage facilities
which are required elements of a self-sufficient community. It is the intent of
this designation to regulate and buffer such uses so that their location will not
be detrimental to adjacent uses, the environment, and any source of potable
water or groundwater.
' As noted in Table 3.6 there is one C-3 Commercial Services District and that
is located west of the Satterfield Landing Shopping Center (Food Lion),
between Eighth Street to the north and Carolinian Colony subdivision to the
' south. The district is 29.7 acres in area and is 89.5 percent developed. This is
the only district in Nags Head which does not permit single-family houses.
The Town owns 6.64 acres on which the Public Works Department, Water
' Plant and the Fresh Pond are located.
Table 3.6. Commercial Services District (C-3)
H
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
1
0.46
1.55%
Commercial
10
19.52
65.66%
Public-Govemment
3
6.64
22.33%
Total Developed
14
26.62
89.54%
Total undeveloped
3
3.11
10.46%
TOTAL
17
29.73
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
C-4: Village Commercial District
The Village Commercial District is intended to permit the development of
residential areas of low -to moderate -density with a mixture of professional
commercial activities of limited size. It is also the intent of this district to
attract permanent residents and to allow small scale business operations
normally expected to produce a low volume of traffic. "Gallery Row" typifies
the C-4 district.
There is one C-4 District. The district is located in an area just south of Atlas
Street extending to an area just south of Gallery Row, and is between
Wrightsville and Memorial Streets. The district is 5.7 acres in size and is 68.4
percent developed (Table 3.7). There are four lots (1.81 acres) available for
development.
Land and Water Use Plan 2000 13

L
k
Chapter 3. Zoning District Review
Table 3.7. Village -Commercial District (C-4)
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
3
1.28
22.34%
Commercial
7
2.64
46.07%
Total Developed
10
3.92
68.41 %
Total undeveloped
4
1.81
31.59%
TOTAL
14
5.73
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
• SPD-20: Special Planned Development District
The Special Planned Development District was created to permit
development that is compatible with the environmentally sensitive nature of
the unique coastal land forms contained in this district. The largest portion of
this district contains Jockey's Ridge State Park which has been designated by
the North Carolina Coastal Resources Commission as a unique coastal
geologic formation area of environmental concern and as a National Natural
Landmark by the United States Department of the Interior. The northwestern
portion of the district borders on Nags Head Woods, a maritime forest. This
district is characterized by unique topographical and vegetative features
including vegetated and unvegetated dunes, migrating sand dunes, as well as
a pine forest.
There is one SPD-20 District which encompasses the North Ridge
subdivision, the Villa Dunes subdivisions (west of the Outer Banks Worship
Center) and the Villas Townhouses as well as and Jockey's Ridge State Park.
Table 3.8 Special Planned Development District (SPD-20)
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
137
71.23
13.32%
Religious Complex
2
9.95
1.86%
Public-Govemment
17
417.20
78.05%
Total Developed
156
498.38
93.23%
Total Undeveloped
94
36.18
6.77%
TOTAL
250
534.56
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
Land and Water Use Plan 2000
14

V
Chapter 3. Zoning District Review
' The SPD-20 District is 534.6 acres in size with 417 acres in public and
governmental ownership (Jockey's Ridge State Park). The predominant use in
the district, apart from the State Park, is residential. There are 90 lots which
' meet the Town's development criteria for single-family homes with some
vacant parcels within or adjacent to Jockey's Ridge State Park. See Table 3.8
' . SED-80: Special Environmental District
Nags Head Woods is an irreplaceable maritime forest occupying the
' northwest corner of Nags Head. The Woods was the home of the first settlers
in the area. Nags Head Woods is one of a few remaining maritime forests in
North Carolina. The Woods is also environmentally significant because of its
natural role in the integrity of the coastal region, and in 1974, Nags Head
' Woods was designated by the United States Congress as a National Natural
Landmark.
I -
L
As noted in Table 3.9 the SED-80 District is 972.6 acres in size. Of this area,
302.8 acres are in public governmental ownership-386.5 acres are owned
jointly by The Nature Conservancy and the Town and an additional 25.7
acres are owned by the Nature Conservancy. Thus, approximately 715 acres
(73.5 percent) are owned by either the Town or The Nature Conservancy.
Table 3.9. Special Environmental District (SED-80).
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
8
60.75
6.25%
Commercial
2
16.18
1.66%
Religious Complex
1
0.26
0.03%
Public -Government
4
302.79
31.13%
TNC/Nags Head
1
386.54
39.74%
Woods
Total Developed
16
766.52
78.81%
Total undeveloped
30
206.04
21.19%
TOTAL
46
972.56
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
Due to the remoteness of the area and the fact that any new subdivision of
land would require the construction of a paved road from an exiting street in
Nags Head and that town water would need to be brought in, any future
subdivision of the land into 80,000 square foot lots is unlikely. However,
there are two parcels which could meet the State subdivision exemption for
lots greater than 10 acres. This State exemption would result in a net increase
of three lots. In total there are 28 lots which meet the town's current
Land and Water Use Plan 2000 15

I
Chapter 3. Zoning District Review
' standards (for land area or conforming lot of record status) for single-family
houses. Currently there are eight single-family dwellings in SED-80. Access
is either provided by private agreement through an access driveway near the
Villas Condominiums or by the only public road —Nags Head Woods Road
from Kill Devil Hills.
' . SPD-C: Special Planned Development -Community District
The Town has one SPD-C District and that is The Village at Nags Head.
Planning for The Village at Nags Head Special Planned Development -
Community District began in the 1970's. The original plan was amended and
adopted by the Nags Head Board of Commissioners on June 1, 1981. At that
time the land was under the ownership of the Epstein family and was known
' as the "Epstein Tract." The Epstein heirs sold the tract to Home Savings and
Loan of Rocky Mount (HSL) in 1984. The Ammons Dare Corporation
purchased the tract from HSL in early 1986. On July 16, 1986, the Town
' approved the Master Plan and Development Standards for The Village at
Nags Head. This Master Plan established development and density standards
for The Village at Nags Head. The Master Plan was later amended and
' became part of the Town's Zoning Ordinance on November 3, 1993. The
Village at Nags Head has established architectural review standards
(homeowners' enforcement), a State approved stormwater control plan as
' well as buffering and vegetation standards. In addition, the Village has a
central wastewater treatment plant, a 100-acre golf course, two private sound
access sites, and two private ocean access areas.
' The Village at Nags Head is centrally located between the Atlantic Ocean and
Roanoke Sound, with Old Nags Head Cove subdivision to the north and
Forrest Street to the south. There are approximately 373 acres in SPD-C. The
' Town Hall complex, Hawk's Nest subdivision and a portion of the oceanfront
from the Town Hall beach access to Epstein Street regional beach access site
are not located in the SPD-C zoning district.
The 1986 Master plan established five single-family designations, three
multi -family designations, two hotel districts, two commercial areas, a beach
and tennis club, a golf course, sound access areas, Sea Pointe duplex
' standards, and numerous areas designated as open space. The Master Plan
also establishes standards for an institutional district and Townhouse 1
District standards. While multi -family and hotel standards were developed,
' no multi -family or hotel buildings (other than the Quay, which was built
before 1986) have been built. The residential density has been less than what
was originally approved in the 1986 Master Plan. To date, there are 598 lots
' created for residential (single-family and duplex) development. Of those 598
lots, 218 are undeveloped. In addition, parcels L-1 and L-2, between the
Outer Banks Mall and Old Nags Head Cove, which have not been subdivided,
Land and Water Use Plan 2000 16

Chapter 3. Zoning District Review
' are the last remaining residential parcels. The approved Master Plan allows
for a maximum of 101 dwelling units on these parcels.
In addition to the undeveloped residential lots, there are three undeveloped
' parcels (6.7 acres) in the Commercial 1 District and 9 undeveloped parcels
(9.4 acres) in the Commercial 2 District. The Small Hotel Parcel (6.1 acres)
' remains undeveloped.
Table 3.10. Special Planned Development -Community District (SPD-C).
Land Class
No. of Lots *
Acreage
Percentage of Total
Residential
387
95.13
25.53%
Multi -family
1
6.54
1.76%
Commercial
12
24.19
6.49%
Public -Government
3
2.89
0.78%
Private Recreation
9
138.13
37.08%
Private Access
3
5.07
1.36%
Public Utility
2
7.24
1.94%
Miscellaneous
1
2.66
0.71 %
Total Developed
418
281.85
75.65%
Total undeveloped
291
90.72
24.35%
TOTAL
709
372.57
100.00%
* The number of lots represents lots which are devoted to a particular use. For
developed lots, a use may occupy more than one lot. Total undeveloped
lots represent all lots which are undeveloped regardless of lot area.
* NOTE: The 290 lots reported in Table 3.10 as undeveloped represent 218
residential lots, 3 lots in Commercial 1 District, 9 lots in Commercial 2
District and 3 hotel parcels. The remaining 58 lots represent various
miscellaneous parcels. of open space. Some of the open space has been
dedicated to the town while the remainder is under control of one of the
homeowners associations. (See Table 3.11)
Table 3.11 The Village at Nags Head
Lots available for development
Residential Commercial Commercial Hotel Total
Existing Potential
218 101* 3 9 3 333
* L-1 and L-2
Land and Water Use Plan 2000 17

1
I
Chapter 3. Zoning District Review
When the Master Development Plan was approved in 1986, it allowed for a
maximum of 1,200 dwelling units in The Village. To date there are 218 lots
undeveloped in the Village at Nags Head. Some of the undeveloped lots
allow for duplexes; however, except in Sea Pointe, only five duplex dwellings
have been built within The Village. Parcels L-1 and L-2, the last remaining
parcel to be subdivided, had an approved density of 101 dwelling units. As of
January 1, 1997, 395 lots have been developed residentially, another 218
remain undeveloped, and with the development of L-1 and L-2, a total of 714
lots could be developed primarily as single-family residences. At build -out,
the total number of dwelling units resulting from these 714 lots will be much
less than the 1,200 dwelling units approved in the Master Plan. The Village
Commercial 2 Zoning District does not permit residential development in that
district.
Ocean and Sound Waters Zoning District -Extraterritorial
Jurisdiction (ETJ)
The General Statutes of the State of North Carolina allows municipalities to
extend zoning and planning jurisdiction into unzoned county areas up to one
mile beyond their municipal boundaries. Nags Head has established
extraterritorial jurisdiction one mile out into the Atlantic Ocean, one mile
west of the Town's estuarine shoreline, one mile south of US 64-264 on the
Causeway, and one mile west of the Town boundary line in South Nags Head.
With the exception of land within the Cape Hatteras National Seashore and
some islands in the sound, the remainder of the ETJ area is water.
The Ocean and Sound Waters District was established to provide for the
proper use of the ocean and sound waters, including islands, that adjoin the
Town to ensure the continued scenic, conservation and recreational value that
these waters provide to the Town, its residents, visitors and surrounding area.
Uses allowed within this district include: non-commercial recreational
activities, commercial recreational activities that are land based in Nags
Head, single-family dwellings, piers and docks as well as customary
accessory uses. The Town does not view "floating signs" and signs on islands
as appropriate uses.
There are currently three "fish camps" or single-family dwellings on islands
in Roanoke Sound within our ETJ area. These three structures have existed
on these islands for a number of years.
Land and Water Use Plan 2000 18

Chapter 4.
Demographics
This chapter begins by looking at statistics concerning the growth of the
permanent population of the Town. It goes on to analyze the availability of land
for future development, current development and building trends, and projects
peak levels of development and population growth under total permissible
build -out.
Population and Projections
Because Nags Head was incorporated in 1961, census data is only available
for 1970, 1980, and 1990. In 1970, there were only 414 permanent residents
in the Town. By 1980 this population had more than doubled, and in the years
between 1980 and July 1, 1985, the permanent population had increased an
additional 80 percent.
Table 4.1 Population - Dare County and Nags Head 1960-1995
Year Dare County % Increase Nags Head
% Increase
1960 5,935
1970 6,995 17.9% 414
1980 13,377 91.2% 1,020
146.4%
1990 22,746 70.0% 1,838
80.2%
1995, 25,758 13.2% 2,029
10.4%
Source: US Census data, unless noted.
' Source: NC Office of State Budget and Management (July 1995)
Miscellaneous population data:
1. December 1996: 333 students from Nags Head enrolled in Dare
County
schools.
2. November 1996 election: 1,487 registered voters in Nags Head.
3.2.76 persons per family.
In 1990, Nags Head's population was 1,838 and in 1995 the population
estimate for the Town from the Office of State Budget and Management
was 2,026. Estimates of the permanent population for Nags Head from
2000 to the year 2020 are summarized in Table 4.2 below.
Land and Water Use Plan 2000 19

Chapter 4. Demographics
Table 4.2. Summary of Population Projections
Based on a 1995 population of 2,029
Year
Scenario 1.
Scenario 2.
Scenario 3.
1990
1,838
1,838
1,838
1995
2,029
2,029
2000
2,358
2,240
2,284
2005
2,473
2,540
2010
2,935
2,729
2,860
2015
3,013
3,180
2020
3,510
3,326
3,5801
' Interpolated
Census and projection data: NC Office of State Planning.
In an attempt to estimate population growth, three scenarios were developed.
Scenario 9
Scenario 1 uses growth projections developed by the State Office of Budget and
Management for Dare County through the year 2020. In 1990, Dare County's
total population was 22,747. Eight percent or 1,834 individuals of the County's
population can be attributed to residents of Nags Head. The State anticipated
growth rate for Dare County from 1990 to 2000 is 28.3 percent, from 2000 to
2020, 24.5 percent, and the anticipated growth rate from 2010 to 2020, 19.6
percent. This scenario assumes that Nags Head's growth will continue to be
8.08 percent of the anticipated growth in Dare County
Scenario 2
Scenario 2 assumes that growth will be at the same growth rate observed
between 1990 and 1995 which was 10.39 percent over the five-year period.
Scenario 3
Scenario 3 calculates growth projections using the growth rate of 25.2 percent
which was the observed growth rate between 1985 to 1995.
All three projections produce similar results with a permanent population in the
year 2020 ranging from 3,326 to 3,580.
Permanent population does not, however, capture the real growth pressures that
will be placed on the Town of Nags Head. Rather, Nags Head is a resort
community, which experiences dramatic increases in seasonal population
during the summer months. The problems of growth which the Town must
address in the future are generated by this seasonal component of the
population along with the residential and commercial development produced to
accommodate it.
Seasonal Population
Making certain assumptions about the number of individuals residing in each
dwelling unit and hotel/motel room in the Town allows us to estimate the
Land and Water Use Plan 2000 20

1
Chapter 4. Demographics
potential seasonal peak population. Table 4.3 presents the methodology and
calculations for this procedure. The results indicate that under existing
development, peak daily summer population can exceed 34,500 people.
Table 4.3. Estimated current peak visitor and resident population
Existing dwelling units as of January 1, 1997
Land Use DUs Intensity Persons/DU Peak Population
Single-family/duplex'
Pre-1991 2,580 8 20,640
Post-1991 549 10/202 5,490/10,980
Multi -family 319 6 1,914
Cottage courts 324 6 1,944
Hotel 1,308 3.5 4,578
Total 5,080 34,566140,056
' From 1991 to 1996 the average single-family dwelling has increased from
3.8 bedrooms to 4.8 bedrooms.
2 To provide a greater range of occupancies, occupancy for single-family and duplex is based
upon two individuals per bedroom and an estimated occupancy of 20 individuals per dwelling
unit.
The estimated number of residents and visitors during the peak period, e.g.,
' when hotel/motel rooms are at full occupancy, is in stark contrast to the 2,029
or so permanent residents in the Town. It is clear that it is this peak or
maximum population which must be considered for planning purposes. In
' addition, the number of visitors during the spring and fall months has increased
substantially in the last few years.
To accommodate this summer peak population, there are over 5,000 restaurant
seats, nearly 760,000 square feet of retail structures, and over 380,000 square
feet of service establishments along with offices and warehousing.
' . Build -out Population
As Nags Head continues to grow and develop, the size of its peak population
will grow as well. The analysis of land availability, permissible development,
and building trends, allows us to estimate the extent of future peak population,
and in turn demands placed upon the natural and man-made environments.
Table 4.4 presents the likely peak population that would result from the
' maximum build -out, with the current composition of land uses.
1
Land and Water Use Plan 2000 21

11
Chapter 4. Demographics
Table 4.4. Approximate number of dwelling units at or near build -out
Potential DUs in 14 Years
DUs Total DUs Person/DU Total #'
SF/Duplex pre-1991
2580 2580 8 20,640
SF/Duplex post-1991
549 549 10 5,490
SF/Duplex post-1996
1526 1526 10/20 15,260/30,520
Multi -family
319 168 487 6 2,922
Cottage courts
324 0 324 6 1,944
Hotel
1308 140 1448 3.5 5,068
Total
6080 1834 6914 51,324166,584
SF/Duplex=109 du/yr
M/F =12 unitstyr Hotel =10 unitstyr
* To provide a range of occupancies, occupancy for single-family and duplex is
based upon two individuals
per bedroom and an estimated occupancy of 20
individuals per dwelling
unit.
This projection can then be used to estimate the impacts on public services and
facilities. For instance, Table 13.1 indicates that water consumption under
future total build -out will increase by over 42 percent, from 2.12 to 3.03 million
' gallons per day. Water consumption units (WCUs) represent a fixed quantity of
water (400 gallons per day) used as a standard to establish the daily water
consumption of various land uses.
Age Distribution
Some general conclusions can be drawn from the age class differences between
' the 1970, 1980 and 1990 census data. In 1970, approximately 47 percent of the
population was 45 years old or older, however, in 1980, 43 percent of the
population was 45 years old or older.
' In 1990, 39 percent of the population was 45 years old or older, thus for the last
three census periods the percentage of adults over 45 has been decreasing from
47 percent in 1970 to 39 percent in 1990. Individuals over 65 was 11.59 percent
' in 1970, 11.47 percent in 1980 and increased to 14.42 percent in 1990. While
the number of residents over 65 appears to be increasing, Britthaven Nursing
Facility was built after the 1980 census and now has a capacity for 144
' residents. The percentage of children nine years old and younger has changed
little over the last three censuses from 11.59 percent in 1970, 8.73 percent in
1980, and 10.45 percent in 1990. In 1990 there were 187 students from Nags
' Head in Dare County Schools and by November 1996, that number had
increased to 333 Nags Head students.
' When comparing US Census data on age distribution from 1980 and 1990,
several changes should be noted (Table 4.5).
ILand and Water Use Plan 2000 22

Chapter 4. Demographics
Table 4.5. Population - Age Distribution.
Age
1970
1980
1990
Number
Percent
Number
Percent
Number
Percent
0-9
48
11.59%
89
8.73%
192
10.45%
10 - 15
71
6.96%
77
4.19%
10 - 14
28
6.76%
16 - 18
49
4.80%
50
2.72%
15 - 19
27
6.52%
19 - 21
38
3.73%
62
3.37%
20 - 24
28
6.76%
22 - 24
56
5.49%
55
2.99%
25 - 34
45
10.87%
179
17.55%
344
18.72%
35 - 44
43
10.39%
105
10.29%
344
18.72%
45 - 54
76
18.36%
139
13.63%
221
12.02%
55 - 64
71
17.15%
177
17.35%
228
12.40%
65+
48
11.59%
117
11.47%
265
14.42%
Total
414
1,020
1,838
The largest percentage of increase is in the age category 30-59. In 1980, 38
percent of the population was in this age group, while in 1990, 47 percent was
represented by this age group. Another notable increase was in the number of
persons over 85 years of age. In 1980, there were 4 individuals (0.39 percent)
over 85, whereas in 1990, there were 47 individuals (2.7 percent) over 85 years
old. A summary of population distribution by age for the census years 1970,
1980, and 1990 are shown in Table 4.6. Part of this increase in the over 85
category can be attributed to residents in Britthaven Nursing Home.
Table 4.6. Age Distribution.
20.00%
15.00%
10.00% ������ ■ 1980
° ❑ 1990
0.00% #'
rn v rn v v +
o th o W Ln CO
•- r N N V
Age
Land and Water Use Plan 2000 23

Chapter 4. Demographics
• Summary
Based upon several population projections, Nags Head can expect by the year
2020 between 3,326 to 3,580 year round residents. While the resident
population increases, so will the seasonal population as we approach build -out.
By the year 2010, our seasonal population is expected to increase from the
January 1, 1997 estimate of 34,566, to 51,324.
Land and Water Use Plan 2000
24

7
P
Chapter 5.
Assessing Growth and Development in Nags Head
Introduction
Nags Head is growing and changing, and the primary purpose of this plan is to
manage and guide these forces so that important values are protected and goals
advanced. Past land use plans have established the baseline assumptions
concerning future growth and provided an initial starting point for identifying
local growth -related problem areas, the magnitude of these problems, and the
urgency with which they need to be addressed.
While previous land use plans have focused primarily on regulating new growth
and development, this plan will begin the focus on ways to manage and improve
our existing development as we approach build -out. As remaining land becomes
more limited and as our housing stock ages, the Town must make sure that
when the marginal land is developed and the existing housing stock improved,
that it is developed or improved in a fashion consistent with the Town's desire
to retain the "Nags Head" image. As we near build -out, our focus needs to
address our existing natural and man-made environment and how best to
manage this environment to meet the needs of our citizens and visitors. What
follows is a description of previous and anticipated land development patterns
and trends.
Dwelling Units
' The following table delineates the number of dwelling units in the Town on
January 1, 1997.
L
I
Table 5.1. Dwelling Units
Existing dwellinq units as of January 1, 1997
Land Use
DUs
Percent
Single-family/duplex
3,129
62%
Multi -family
319
6%
Cottage courts
324
6%
Hotel
1,308
26%
Total
5,080
Land and Water Use Plan 2000 25

F
Chapter 5. Assessing Growth and Development in Nags Head
Building and Development Trends
Due to development on lots which were platted in accordance with earlier
Zoning Ordinances or before the incorporation of the Town, the density that has
occurred in Nags Head before 1980 has been higher than the density permitted
by the current Zoning Ordinance. The typical minimum residential lot size has
gradually increased from 7,500 square feet in 1962, to either 15,000 or 20,000
square feet today. Much of the current development is located on these smaller
lots. The average lot size for single-family development from 1985 to 1996 is
12,000 square feet. As more of the older, smaller legal lots of record are used
up, the average lot size will be increasing. As lots have increased in size so have
the average houses (Table 5.2).
Table 5.2. Single-family Construction
Average size and Average # of Bedrooms
Year
Heated space
Decks, etc.
# bedrooms
1986
1,398.45
578.97
3.3
1987
1,559.08
689.61
3.4
1988
1,657.10
702.77
3.4
1989
1,763.63
802.66
3.4
1990
1,911.93
897.56
3.9
1991
1,893.71
799.33
3.8
1992
2,016.01
924.09
4.1
1993
2,020.94
903.13
4.1
1994
2,064.42
821.69
4.2
1995
2,496.37
1,043.74
4.4
1996
2,442.41
1,253.66
4.8
Commercial and Non -Residential Development
Between 1974 and 1990 five major shopping centers were built (Surfside Plaza,
24,600 square feet; Nags Head Station, 18,000 square feet; Satterfield Landing,
44,700 square feet; Outer Banks Mall, 138,600 square feet; and Soundings
Factory Outlets, 84,000 square feet). From 1990 to 1997 the following projects
greater than 10,000 square feet in area were built: Ample Storage, Croatan
Centre, Town of Nags Head Municipal Complex, Nags Head Hammock
Warehouse, Village Playhouse, and the Cineplex. See Table 5.3.
To determine if the overall non-residential development activity has increased
or decreased over the last 10 years, the square footage of non-residential
development between 1985 and 1991, and between 1991 and 1996 were
compared. Between 1985 and 1991, there was 327,324 square feet of non-
residential development within the Town. Between 1991 and 1996, non-
residential development accounted for 196,842 square feet. If the present trend
Land and Water Use Plan 2000 26
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Chapter 5. Assessing Growth and Development in Nags Head
continues, we can expect the amount of non-residential development to
decrease even further.
Table 5.3. Major Non -Residential Development 1991-1996
Date
Sq Ft
Name
3/24/94
31,300
Ample Storage
12/4/95
27,562
Croatan Centre
12/12/95
19,348
Town of Nags Head Municipal Complex
11/27/91
16,235
Nags Head Hammock Warehouse
4/11/95
12,802
Village Playhouse
1/14/92
12,742
Cineplex
11/23/94
8,550
Woodhill Office Park
4/21/95
8,000
Nags Head Self Storage
12/6/91
6,474
Britthaven of The Outer Banks
3/29/96
5,880
Sand Castle Child Care Center
12/15/95
5,715
Captain Marty's
3/22/95
5,000
Maione's at Nags Head
3/24/95
4,793
White (Stan) Office Building
11/21/94
4,638
Albemarle Mental Health Center
11/13/91
4,000
Greenleaf Art Gallery
7/6/95
3,709
Kingdom Hall of Jehovah's Witnesses
12/19/90
3,459
Whalebone Surf Shop
1/7/94
3,204
T-Shirt Whirl
2/28/92
3,060
Dairy Queen
5/18/93
3,000
Basnight Appliance
11/27/95
2,856
Lighthouse Gallery & Gifts
7/5/90
2,826
Stop Quik
4/13/95
1,792
Waterworks Sports Center
7/19/93
1,440
Nags Head Woods Family Area
5/2/94
1,000
Family Watersports
4/15/94
966
Hargrove Bath House
1/26/93
936
FatBoyz
4128/94
896
Nags Head Watersports
10/29/92
800
Nags Head Raceway
2/2/90
700
Village Private Beach Access
4/22/96
144
Nags Head Causeway Estuarine Access Site
As indicated on the existing land use map, nearly all of the commercial
development has located along South Croatan Highway (US 158) and most of
the multi -family and motel development has located on or near the oceanfront.
Land and Water Use Plan 2000
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Chapter 5. Assessing Growth and Development in Nags Head
Tables 5.4 describes the building permit activity for residential, multi -family
and hotel development over the last 21 years.
Table 5.4. Residential, Hotel and Multi -family Units
Calendar Years 1975-1996
YEAR
S/F
DUPLEX M/F
HOTEL
TOTAL
1975
38
0 0
0
38
1976
79
2 12
3
96
1977
124
2 18
6
150
1978
127
0 7
0
134
1979
108
0 0
0
108
1980
103
10 30
2
145
1981
85
12 0
12
109
1982
68
22 43
10
143
1983
113
28 18
59
218
1984
143
6 15
29
193
1985
117
16 41
0
174
1986
112
4 41
100
257
1987
120
2 12
0
134
1988
171
8 0
0
179
1989
147
10 18
0
175
1990
73
12 0
0
85
1991
77
2 0
0
79
1992
97
0 0
6
103
1993
104
0 0
0
104
1994
86
0 0
0
86
1995
94
4 0
0
98
1996
84
0 0
0
84
AVERAGE
103
6 12
10
131
In the future, local seasonal economy will determine to some extent the number
of new commercial establishments in Nags Head. As stated previously, many of
the Town's basic services are now in place and we can expect to see a leveling
off of commercial building activity over the next ten years. However as the
year-round residential population increases, the need for additional services and
office space also will increase, triggering new development to serve a larger
permanent population. The commercial character of the Town has changed over
the last fifteen years from a community with no large shopping centers, few
restaurants and little office space to a community which can provide some of
the amenities found in larger beach communities.
Land and Water Use Plan 2000 28

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Chapter 5. Assessing Growth and Development in Nags Head
One measure of commercial activity would be to compare residential dwelling
units (single-family and duplex) to the square footage of non-residential and
commercial development. From 1979 through 1984 there were 454,373 square
feet of non-residential development built at the same time 698 single-family and
duplex units were built; thus, there were 651 square feet of commercial
development built for each dwelling unit. For the period of 1985 through 1990,
for every house built, 413 square feet of non-residential and commercial
development occurred. From 1991 through 1996, this ratio was reduced to 359
square feet of commercial and non-residential development for every dwelling
unit. If the past trend continues as the Town approaches build -out, for every
single-family home built, less commercial and other development will occur.
Land Availability
The Town of Nags Head contains approximately 4,300 acres (table 5.5). Of
those 4,300 acres, approximately 500 acres represent rights -of -ways (ROW)
and are not available for development. As of January 1, 1997, there were
approximately 5,080 dwelling units in the Town, with the majority in low -
density residential uses. In considering potential for development it is important
to look at both developed acreage and the acres of unsubdivided land which can
become lots which can accommodate single-family housing.
Table 5.5. Land area by acres for all zoning districts
District
Acres
Acres
Total developed/
Percent
Total ROW
Total
Vacant
Developed
vacant acres
Developed
District
R-1
58.08
73.83
131.91
55.97
8.47
140.38
R-2
346.52
534.48
881.00
60.67
182.13
1,063.13
R-3
57.50
58.87
116.37
50.59
27.30
143.67
CR
22.71
240.78
263.49
91.38
31.69
295.18
C-2
154.06
320.56
474.62
67.54
154.47
629.09
C-3
3.11
26.62
29.73
89.54
4.63
34.36
C-4
1.81
3.92
5.73
68.41
0.50
6.22
SPD-C
90.72
281.85
372.57
75.65
72.00
444.57
SPD-20
36.18
498.38
534.56
93.23
33.78
568.34
SED-80
206.04
766.52
972.56
78.82
1.01
973.57
Total
976.73
2,805.81
3,782.54
74.18
515.98
4,298.51
As shown above there are 976 acres in the Town of Nags Head which are
unplatted, undeveloped, privately owned and subject to development. Table 5.5
Land and Water Use Plan 2000 29
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Chapter 5. Assessing Growth and Development in Nags Head
also points out that 2,805 acres have been developed, thus, excluding rights of
ways, the Town is currently 74 percent developed.
Potential Development
This section discusses potential development of the Town. Several assumptions
are made: Nags Head will continue to develop primarily as a single-family
community, there will be no zoning changes which will effect intensities or
density of development, the current pattern of redevelopment will continue,
single-family development will not involve the recombination of existing lots
and there will be no major changes in State and Federal laws. Another
assumption is that there will be no major storms or hurricanes which will cause
extensive damage.
Continued new development and growth depend upon adequate amounts of
land being available to accommodate the anticipated development. In the
following sections, both the amount of land available as well as the number of
lots to accommodate new growth will be examined. The relationship between
acreage and lots is more important to commercial development than it is to
residential development. In the General Commercial District (C-2), both
commercial development and residential development are allowed and
anticipating what types of growth will occur is problematic. For example, 10
acres of vacant land in the C2 district could either be developed as 29 single-
family residences (unless they are currently subdivided into smaller lots) or as
two lots where each could contain a 40,000-square-foot retail building with
accompanying parking and other improvements.
Table 5.6. Lots available for development
District
Undeveloped
Platted
Potential
Lots Available for
Notes
Parcels
Lots
New Lots
Development
R-1
10
10
10
R-2
648
666
128
794
R-3
67
72
98
170
CR
33
34
34
C-2
247
436
54
490
See Table-C-2
C-3
2
9
9
See Note 1.
C-4
4
6
6
SPD-20
90
90
90
SED-80
28
28
3
28
See Note 2.
SPD-C
231
231
101
333 See Table -Village
Totals
1360
1582
384
1964
See Note 3.
NOTES: Undeveloped=Lots > 5,000 sq ft, can meet CAMA regulations
Potential lots=Large parcels (area x 75% /lot area=number of lots)
Platted lots. Some parcels are composed of more than one platted lot.
Note 1. Single-family development not allowed in this district.
Note 2. Tillett Subdivision resulted in three non -conforming lots.
Note 3. This assumes: (1) no changes in dimensional requirements,
(2) no subdivision of C-2 into residential lots, and
(3) no recombination of existing lots.
Land and Water Use Plan 2000 30

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Chapter 5. Assessing Growth and Development in Nags Head
Table 5.5 also summarizes land availability by district. Table 5.6 combines the
undeveloped acreage in Table 5.5 and examines the number of platted lots and
the potential for new lots meeting today's development standards for single-
family houses.
Table 5.6 further points out that there are 1,964 existing and potential lots
which appear to meet current development standards for single-family houses.
When compared to other districts, predicting growth in the C-2 District is more
difficult given that the C-2 District is the Town's most permissive district in
allowing for the greatest numbers of uses. Table 5.7 summarizes how acreage
within the C-2 District has been developed over the last twelve years.
Table 5.7. Development pattern in the C-2 District over the past 12 years
Land Use
Acreage
Percent
Govt
2.32
1.75%
Multi -family
1.07
0.81 %
Office
6.59
4.98%
Public access
1.94
1.47%
Religious complex
0.83
0.63%
Restaurant
8.21
6.21 %
Retail;
92.98
70.31 %
Single-family
18.04
13.64%
Utility
0.26
0.20%
Total
132.24
100%
From 1985 through 1996.
'Retail includes: Retail/office and retaillsingle-family combinations.
Table 5.8 points out that within the C-2 District there are a remaining 154 acres
of vacant land. Over the last twelve years, 132 acres of C-2 have been
developed for various uses. For example, from 1985 through 1996, 86 percent
of the land has been developed as retail and other uses and 14 percent of the
land area has been developed as single-family residential. Table 5.8 also
indicates that there are a number of larger parcels available to accommodate
commercial development in the C-2 District.
For future development, C-2 is the most difficult district to predict what type
of growth to expect in the coming years because the district allows both
commercial and residential uses. Currently, 12.6 percent of the land in C-2 is
developed residentially. Table 5.7 summarizes the existing land use
composition over the last 12 years, and Table 5.6 details the availability of
undeveloped parcels in C-2. Table 5.6 also indicates that there are
approximately 490 existing and potential newly subdivided lots which can
qualify for single-family development
Land and Water Use Plan 2000 31

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Chapter 5. Assessing Growth and Development in Nags Head
Table 5.8. Undeveloped land in the C-2 District
Undeveloped Parcels Undeveloped Parcels
Total Undeveloped
without
with
Parcels
Significant Wetlands
Potential Wetlands
Range sq ft
Number Acreage
Number Acreage
Number
Acreage
<4,999
13 0.67
0
13
0.67
5,000-9,999
80 14.40
1 0.12
81
14.40
10,000-19,999
78 26.34
1 0.46
79
26.34
20,000-29,999
23 13.33
1 0.64
24
13.33
30,000-49,999
22 19.34
0
22
19.34
50,000-74999
14 19.78
0
14
19.78
75,000-99,999
2 4.05
0
2
4.05
100,000-199,999
6 30.30
3 11.12
9
30.30
>200,000
2 25.86
1 10.35
3
25.86
Totals
240 154.07
7 22.69
247
154.07
Build -out Scenarios
Determining when build -out will occur depends upon many variables, most of
which are tied to the national and local economy. In an attempt to determine
build -out, three scenarios will be used: (1) build -out according to historic
records regarding the numbers of building permits issued by use, (2) build -out
by looking at the number of lots available, and (3) build -out based upon the
amount of vacant land available for development. Table 5.6 is a projection of
the number of lots which may be developed for single-family use based upon
the existing land use composition by district. For example, in the CR district, 82
percent of the land area has been developed residentially (single-family, duplex,
multi -family, cottage court, and hotel/motel), and 18 percent of the land area
has been developed for other uses. Therefore, the Town could expect 82 percent
of the remaining 34 lots to be developed residentially. In this particular case,
most of the remaining 34 lots would not be large enough for uses other than
single-family and duplex. As Table 5.9 indicates, 1,560 lots could be
anticipated for residential development based upon current land use
composition.
Build -out by Permits
Over the last 22 years there have been an average of 109 single-family dwelling
units constructed per year (Table 5.4.). Therefore, the 1,560 lots anticipated for
single-family development would be used up in 14.3 years.
Land and Water Use Plan 2000 32

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Chapter 5. Assessing Growth and Development in Nags Head
Table 5.9. Maximum build -out using current development
standards and historical development patterns
District Potential Lots Anticipated % to be
# S/F lots
developed residential
R-1 10 100%
10
R-2 794 97%
770
R-3 170 98%
167
CR 34 82%
28
C-2 490 32%
157'
C-3 9 0%
0
C-4 6 30%
2
SPD-20 90 88%
79
SED-80 28 100%
28
SPD-CZ 319 100%
319
Total 1,950
1,560
' 12-year average=13 S/F lots/yr and 1.5 ac/yr devoted to S/F development
2 319 potential lots for residential development.
Anticipated % = current district land use pattern
Build -out by Acres
The C-2 District has 154 acres remaining to be developed. Historically, 86
percent of the acreage has been developed for uses other than residential and 14
percent has been developed as single-family and duplex. This amounts to 1.5
acres a year for residential and 9.52 acres a year for all other uses. Using these
percentages, C-2 could support the current development intensities for fourteen
years.
On average over the last twelve years, 48 acres per year townwide were
developed. Of this total acreage, 31 acres were developed annually as
residential and 17 acres were developed annually for commercial and other
uses. Town -wide, there are 976 acres available for development, and based
upon past development patterns, this amount would be used up in 20 years.
However, not all of the 976 vacant acres would be applicable to development.
For example, the SED-80 district has 206 vacant acres, but by previous
analysis, only 28 single-family lots are possible for this area.
However as Table 5.10 indicates, based upon the current commercial
development patterns continuing, the town will have available approximately
178 acres in the various commercial districts which will be used for uses other
than residential. The 178 acres would be consumed in twelve years based upon
the development patterns over the last twelve years. However, given the fact
that there are several large retail shopping centers and much of the essential
Land and Water Use Plan 2000 33

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Chapter 5. Assessing Growth and Development in Nags Head
community needs are in place, it is uncertain that the intensities observed over
the last twelve years will continue for the next twelve years for non-residential
development and that the amount of land developed for uses other than
residential will be less than what has been observed over the last twelve years.
Table 5.10. Non-residential acreage by district
Undeveloped
Potential
District
Acres
ova Commercial
Comm Acreage
R-1
4
0
0.00
R-2
346.52
3%
10.40
R-3
57.5
2%
1.15
CR
22.71
18%
4.09
C-2
154.06
86%
132.40'
C-3
3.11
100%
3.11
C-4
1.81
70%
1.27
SPD-20
36.18
12%
4.34
SED-80
206.04
0
0.00
SPD-C
90.72
24%
21.77
Total
922.65
178.53
' 86% (acreage) is developed commercially
In summary, Table 5.10 indicates, based upon historical development patterns,
that there could be 178 acres available for commercial use. Table 5.11 indicates
that based upon historical development patterns, the 178 acres estimated in
table 5.10 could be completely developed for non-residential uses in
commercial districts in about 12 years (year 2008).
Table 5.11. Acreage (Town -wide) based on land uselper year
Land Use ACNR 10 YRS
12 YRS
14 YRS 16 YRS
18 YRS
Commercial 14.07 140.7
168.84
196.98
225.12
253.26
Hotel 1.69 16.9
20.28
23.66
27.04
30.42
Multi -family 1.28 12.8
15.36
17.92
20.48
23.04
Duplex 1.12 11.2
13.44
15.68
17.92
20.16
Single-family 29.75 297.5
357
416.5
476
535.5
ACNR 47.91 479.1
574.92
670.74
766.56
862.38
Includes The Village at Nags Head; excludes Village Links Golf Course
Based upon 12 year average
Many of the Town's commercial and community basic services are developed
and if the past development trends continue build -out would occur 14 and 18
years.
Land and Water Use Plan 2000 34

Chapter 5. Assessing Growth and Development in Nags Head
Currently there are 5,080 dwelling units in Nags Head (Table 5.1.). Assuming
that build -out will occur in approximately fourteen years and following the
growth patterns observed over the last twelve years, an additional 1834
dwelling units (Table 5.12.) will be added, giving a total of 6914 dwelling units
(assuming that there are no changes in zoning which would affect development
intensities). Over the last five years, 390 acres of land in SED-80 have become
unavailable for development due the acquisition by the Town and the Nature
Conservancy.. Currently there are approximately 22 acres of Commercial land in
The Village at Nags Head. Of this acreage, residential development is allowed
in the Commercial 1 district (6.74 acres) and the Hotel district (6.1 acres).
Residential development, however, is not permitted on the 9.36 acres in the
Commercial 2 District. Should the regulations change and depending upon what
designation is applied to the Hotel and Commercial 1 district for single-family
residential development, the Town could expect to see, anywhere from three
dwelling units per acre to ten units per acre (66-220 additional units). Should
multi -family development be allowed on these 22 acres the intensities range
from 12 dwelling units per acre to 18 units per acre (264-396 dwelling units).
Table 5.12. Approximate number of Dwelling Units at or near build -out
# DUs
Existing 1/1/97 Potential in
Totals
14 YRS
Sf/duplex
3129
1526
4655
M/F
319
168
487
Cottage courts
324
0
324
Hotel
1308
140
1448
Total
5080
1834
6914
SF/Duplex=109 du/yr
M/F =12 unitstyr
Hotel =10 unitstyr
In the 1990 Land Use Plan, build -out was projected to be 7,728 dwelling units.
Those projections called for 5,448 single-family and duplex units, 383 multi-
family units, and 1,897 hotel units. Several significant changes have occurred
since 1990: (1) In the SED-80 district, 390 acres were acquired by the Town
and The Nature Conservancy, thus reducing the development potential in SED-
80, (2): The Village at Nags Head had projected up to 1,200 single-family and
duplex units, in all likelihood the final number of dwelling units will be less
than 800; and (3) Hotel and motel development as well as multi -family
development within The Village and outside The Village has not occurred as
projected.
Conclusion
These types of projections say little about the capacity of the Town, and its
natural and man-made environments, to accommodate growth demands. For
instance, to estimate that local water consumption will increase by 42 percent at
Land and Water Use Plan 2000 35

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Chapter 5. Assessing Growth and Development in Nags Head
some point in the future does not address the question of whether this demand
can be satisfied under the existing water supply and distribution system. More
specific information concerning the "carrying capacity" of local environmental
and man-made systems to accommodate growth demands is contained in the
chapters which follow in this plan. These chapters also identify local goals and
policies which assist in determining when and to what extent growth demands
can be satisfied, and at what economic, social, and environmental costs.
Summary
The Town currently has 5,080 dwelling units of which 62 percent are single-
family and duplex units. Over the last twenty-one years, on average, 83 percent
of new dwelling units that have built have been single-family or duplex.
However, over the last ten years, 97 percent of the dwelling units constructed
have been single-family and duplex units. At build -out, which is projected to be
in 14 to 18 years the Town will have approximately 6,914 dwelling units, an
increase of 1,834 from what we have now.
For commercial growth, there are currently 178 acres in the various commercial
districts to accommodate future growth. Based on previous development
patterns, these 178 acres would be developed in twelve years.
Land and Water Use Plan 2000 36

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Chapter 6.
Managing Growth and Development in Nags Head
In the previous chapters we described the population and development growth
trends that the Town of Nags Head is currently experiencing and expects to
experience in the future. Along with this growth are numerous impacts and
implications, from the increasing demands placed upon public services and
facilities to the negative affects on the quality of the natural environment. Yet,
Nags Head is not powerless in the face of these impacts. Rather, through
carefully guidance and management of future growth, the Town can minimize
negative effects and maximize the benefits and opportunities growth presents.
As a preliminary step in developing the Land and Water Use Plan, the Town
mailed surveys to all property owners in Nags Head asking their opinions of
certain land use issues. The Town also mailed out surveys for the 1990 Land
Use Plan update process. While each survey represents views from a different
point in time, it is somewhat informative to compare some of the results from
each survey. When asked how they felt about growth in the Town during the
last five years, 27 percent (25 percent in 1990) felt growth was "just about
right," 40 percent (38 percent in 1990) felt growth was "a little too fast," and 30
percent (35 percent in 1990) felt that growth was "much too fast." (The full
results of the 1996 survey are contained in a report entitled Citizens' Survey on
Growth and Development, William C. Overman Associates, P.C., December 13,
1996.)
Characteristics of Growth
Efforts to manage future growth can focus on one or more of the characteristics
of this growth. At least five dimensions of growth can be identified and can be
modified through public policy to achieve certain local goals: type, quality,
density, location and rate. Each of these dimensions is briefly described below.
In reviewing each of the following five dimensions of growth the reader should
keep in mind that North Carolina is not a home -rule state. Counties and
municipalities can only develop and adopt ordinances and regulations in which
authority to do so has been delegated to the counties and municipalities by the
General Assembly.
1. Type. Type of growth or development usually refers to the use to which
land and space is allocated. Typical growth types include commercial and
Land and Water Use Plan 2000 37

Chapter 6. Managing Growth and Development in Nags Head
industrial, recreational, single-family residential, and multi -family. A
growth management program, as part of a comprehensive plan, may control
the type of new growth occurring in the community. A growth management
plan may be designed to preserve the community's residential character, to
minimize incompatible uses and to avoid the negative effects of certain land
use activities, e.g., noise, traffic, pollution. For example, the Commercial
Services District (C-3), was a district established only to support
commercial services in Town and where residential housing is not
permitted. On the other hand, in the R 1 District, (Pond Island and portions
of the oceanfront including the historic district), single-family development
is the primary use with very few other uses allowed. Both the C-3 and R 1
districts were established to meet different commercial and residential
needs in the community.
Through tradition and design Nags Head has become a community
dominated by single-family structures. The Town can exercise control over
the mix of land uses developing in the community through the Zoning
Ordinance and Zoning Map.
2. Quality. The quality of growth usually refers to the construction and design
of the development occurring in the jurisdiction. A community may wish,
for example, to pursue building code amendments to ensure that the quality
of construction is such that structures will withstand certain physical forces,
such as hurricane force winds. Quality may extend, as well, to the aesthetic
characteristics of the Town, and the community may regulate features such
as a historic district, which, if established, would preserve the visual and
architectural integrity of the community. The amount of open space
required around a building or along the oceanfront or sound front may be
considered a question of quality.
3. Density. An important dimension of growth is the intensity or density with
which it occurs over the entire community and on particular sites. A
community may wish to control the density of development to protect
natural resources such as groundwater quality and estuarine areas.
Controlling the density of development has implications for the generation
of traffic, the consumption of water and demand for other public services
and facilities, and the scenic and aesthetic quality of the community. The
density at which a town develops has a profound impact on the
community's character. Nags Head is characterized as a low density
community. Since 1985, the Town has increased lot area requirements in
several districts. For example, in R-2 District, minimum lot area
requirements were increased from 15,000 to 20,000 square feet and in SED
80, minimum lot sizes were increased from 40,000 to 80,000 square feet.
4. Location_ Certain uses and densities are appropriate in certain locations,
while others are not. Consequently, a key dimension of growth which
Land and Water Use Plan 2000
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Chapter 6. Managing Growth and Development in Nags Head
management programs are designed to influence is location. For instance,
while a community may decide that some high intensity uses are acceptable
for a particular location, placing them next door to residential
neighborhoods may not be. To preserve the integrity of the beach and dune
system in a locality or to reduce the amount of the Town at -risk in a
hurricane, it may be necessary to locate development, and particularly
higher density development, away from the oceanfront. While the Town is
primarily residential, there is a scattering of commercial development
which is being surrounded by residential development, thus conflicts may
arise between these two types of land uses. An example of location would
be the Commercial Outdoor Recreational Overlay District which was
established in 1995. One purpose of this district was to protect the.
residentially zoned areas of the Town from the adverse impacts from
certain commercial outdoor recreational activities. The adopted regulations
restrict many of the Town's outdoor commercial uses to areas away from
residential development.
5. Rate. Depending upon the economic and other pressures experienced by
communities, unmanaged growth may progress at a slow or fast pace.
When growth demands are strong, and the resulting pace of growth is
quick, the problems created by this growth may exceed the community's
short-term capacity to deal with it. Public services and capital facilities
become strained, with cost-efficient expansion requiring additional time.
Natural systems become taxed, with little opportunity for local officials to
adequately assess these impacts and take appropriate mitigating actions.
Consequently, a growth management program may attempt to better deal
with these problems by moderating and controlling the permissible rate or
pace of growth in the community. The Water Allocation Ordinance,
adopted in 1985 and repealed in January 1990, is a good, local example of
controlling the rate of development in Nags Head.
Types of Growth Management Techniques
A number of specific growth management programs and policies can be
employed to modify the above mentioned characteristics of growth to achieve
community goals. Six types or categories of growth management programs are
briefly mentioned here: plans, development regulation, capital facilities, policy,
land and property acquisition, taxation, fiscal and other incentives, and
information dissemination. The reader will note that each of these types is
represented in the policies and implementing proposals contained in the
subsequent chapters of this plan
1. Plans. The Nags Head Land and Water Use Plan, at its most general level,
falls into this category. Plans represent the preparation of guiding
frameworks for making future decisions. Less comprehensive plans can
Land and Water Use Plan 2000
39

' Chapter 6. Managing Growth and Development in Nags Head
'
serve to guide and implement a larger plan. In subsequent chapters, for
instance, the capital improvements program, and post -hurricane
reconstruction plan, are discussed as approaches to addressing and
implementing the goals set forth in this plan.
In addition to the Land and Water Use Plan, there exists in Nags Head a
Storm Water Management Plan which was adopted by the Board of
Commissioners in 1995. It identifies drainage basins, and corridors, and
depicts problem areas. The Plan and the subsequently adopted ordinances
are used in reviewing proposed development plans. As good as these plans
are, they must be updated to address changing situations and regulations. In
comprehensively planning for the future, many existing plans and new
plans need to be drawn together to formulate a unified plan of development,
i.e., a comprehensive plan.
2. Development regulations. The tools and techniques included in this
category are those which seek to manage growth by directly regulating it.
'
Included here are traditional regulating devices such as zoning and
subdivision ordinances, as well as more innovative programs such as the
use of performance standards and bonus and incentive zoning. The Village
'
at Nags Head Development Plan is another local example of an innovative
regulation. This plan is designed to facilitate single-family and cluster
housing, shared common areas, and other techniques to enhance the quality
of development. The Area of Environmental Concern (AEC) program
under CAMA is an example of a shared state -local regulatory growth
'
management program which is enforced through the issuance of major and
minor CAMA permits.
3. Capital facilities policy. Many of the goals of managing growth can be
accomplished through decisions concerning the expenditure of public
'
funds. For instance, a locality may be able to redirect growth away from a
particularly sensitive environmental zone, by locating critical public
services such as sewer and water in other less sensitive locations. As a
'
further example, a locality may decide not to construct a public road to an
undeveloped part of town to prevent the future growth pressures that such
an investment would create. Nags Head, in conjunction with the Town of
Kill Devil Hills and Dare County, expended funds to increase the water
treatment capacity of the regional water system by placing more wells for
'
the reverse osmosis plant in the vicinity of Fresh Pond. The impact of this
decision was to ensure that adequate supplies of water would be available
to meet future growth needs.
4. Land and property acquisition. In many cases the most effective way in
which a locality can advance its growth management objective is through
the public acquisition of land and property. The community may wish to
'
preserve a pristine natural area that are subject to intense development
'
Land and Water Use Plan 2000 40

' Chapter 6. Managing Growth and Development in Nags Head
' through public acquisition. Acquisition is typically used to secure lands for
recreational and other public uses. Acquisition may also be applied to
structures and development properties, for instance, when a locality
' intervenes to purchase an architecturally significant building threatened by
existing patterns of development. Nags Head has acquired land for public
beach access facilities, open space along the Causeway, and maintains
' ownership of 318 acres in Nags Head Woods, most of which is a maritime
forest or watershed preserve. In 1992, the Town, in conjunction with the
Nature Conservancy, purchased an additional 386 acres in Nags Head
' Woods. Some of these acquisition projects noted above, have been funded
in part from the Capital Improvements Program which began in the mid
1980's.
' 5. Taxation, fiscal, and other incentives. Growth can also be directed and
managed through taxation and other fiscal incentives. This category
includes mechanisms designed to influence private development in a more
indirect fashion. For tax purposes, while not applicable in Nags Head, land
used for agricultural, horticultural, or forest purposes, if it meets certain
qualifications, may be taxed on the basis of its "use value" even though it
' may have a greater market or "true value." Should the Town establish a
historic district and commission, the use of historic property for
preservation purposes will be considered by the tax assessor in appraising
' the property for tax purposes. While not under control of the Town, the
federal flood insurance program provides an example of financial incentive.
For example, homeowners who voluntarily exceed the minimum FEMA
' elevation requirement for structures can get reduced insurance premiums.
In addition, the Town's participation in the Community Rating Program
saves the Town's citizens who have flood insurance in special flood hazard
' areas, $186,000 a year in premiums.
6. Information dissemination. Classical economic theory suggests that
consumers will make more informed decisions about development and the
' use of land if they are given more complete information. Programs in this
category, then, involve efforts to convey to consumers and the public
certain crucial information. For instance, a community may attempt to
discourage future development in high storm hazard areas by increasing
public awareness of the hazard associated with those areas. As a further
example, the Town has attempted to bring about more environmentally
' sensitive building practices and building site preparation by developing and
distributing a brochure and other information to builders and citizens
highlighting the sensitive nature of the outer Banks environment.
• Modifying the Characteristics of Growth in Nags Head
Communities are not powerless against the pressures of growth. Rather, as has
' been suggested, there are both a number of different dimensions to growth
' Land and Water Use Plan 2000 41

Chapter 6. Managing Growth and Development in Nags Head
which can be modified or managed, and numerous growth management
programs available for doing this.
Land and Water Use Plan 2000
42

Chapter 7.
The Beach Plan
Background
The vitality of the Town of Nags Head as a resort destination depends heavily
on our ocean beaches. It is the Town's ocean and sound shorelines, along
with our water resources, that bring people to the community and provide the
basic recreational and aesthetic amenities fundamental to Nags Head's
existence. As growth continues in the Town, the pressures placed on the use
and development of the ocean shoreline will increase as the few remaining
oceanfront lots are developed. The Town believes it must take an active role
in managing and protecting the ocean shoreline resources.
Barrier islands such as the Outer Banks act as a natural barrier protecting the
estuaries and mainland from the direct effects of wind and waves. Once a
barrier island is formed —a process that may take thousands of years —it often
begins a natural process of migration. As sea level rises, the action of wind
and waves will push barrier islands towards the mainland. At times, the
process of migration can happen quickly such as during hurricanes or other
major storms -but more often this migration is a slow process measured in
inches or a few feet per year. In the natural system the sand is transported by
wind and waves (and in some cases by inlets) from the ocean side of the
barrier island across the island and deposited along the estuarine shoreline,
providing sand for construction of new marshes. As the oceanfront loses
ground, additional land area is forming on the estuarine side of the island,
thus the island migrates. When development, artificial dunes, and man-made
structures block this natural movement of sand, erosion of both the estuarine
and ocean shoreline often results.
On a barrier island such as ours, the evolutionary process of barrier island
migration coupled with man's strong desire to reside in and develop the coast
provides a challenge to communities such as Nags Head. The challenge is
how best to develop our coast while at the same time recognizing that these
natural forces may also destroy what man has built. This chapter will explore
some of the numerous factors and forces which shape and mold the Town's
oceanfront and beach. These forces range from the influence of natural forces
such as waves, wind, storms, and hurricanes to the significance of the
multitude of rules and regulations from federal, state, and local governments
Land and Water Use Plan 2000
43

' Chapter 7. The Beach Plan
' which influence and determine the extent of man's encroachment into this
unique fragile, yet resistant and dynamic environment.
The Beach Plan
The oceanfront shoreline represents an irreplaceable resource that is essential
' for our economic health and continued prominence as a coastal resort
community. Within the Town there are approximately 11.29 miles of
oceanfront shoreline stretching from Eighth Street on the north to the
southern municipal boundary adjacent to the Cape Hatteras National
' Seashore. The Beach Plan is a comprehensive attempt to address all concerns
and factors that may influence and affect the utilization and protection of the
Town's ocean beaches and the area immediately adjacent to the beach. For
' the Beach Plan, the land areas east of NC 12 and NC 1243 will be considered.
These areas are closest to the ocean and are the areas most heavily utilized by
tourists, visitors, and residents, and the primary area on which our future
depends. Areas west of NC 12 and NC 1243 are important to the beach and
while not discussed in detail here, they are discussed elsewhere in the Land
and Water Use Plan.
' The following from the Town's Mission Statement guides the development of
this plan:
' The Town of Nags Head is working to build a community with an
economy based on family vacation tourism. The base of that
economy is the rental of single-family homes. Important elements in
' developing and maintaining this economy are:
• An oceanfront beach that is accessible and usable, not blocked
by large structures.
' . A natural environment typified by clean waters and the natural
landscape of sand dunes and salt tolerant vegetation.
Commercial services provided by locally owned and operated
businesses that share in the building of our community.
• Recreational amenities and attractions, both commercial and
' non-commercial that are wholesome and appeal to broad spectrum
of family members
' . Overview and Introduction
Nags Head, from its early beginnings in the 1800s, has consisted
predominantly of single-family cottages and a few hotels. Family operated
' businesses and cottage courts made up the commercial sector of Nags Head.
These factors contributed to a certain charm, and a slow and relaxing pace of
Land and Water Use Plan 2000 44
r

Chapter 7. The Beach Plan
life. The Town has been and still is an annual vacation spot for countless
families. For many visitors and residents, Nags Head is a "family beach"
Nags Head has been slow to develop when compared to other resort and
' vacation areas along the east coast, e.g., Myrtle Beach, South Carolina;
Ocean City, Maryland. This slow growth has partly been a result of the
remoteness of the Town. However, like all of the Dare County beach
' communities, Nags Head, especially during the mid- to late-1980s,
experienced tremendous growth and development pressures. As an indication,
the permanent population increased 80 percent from 1980 to 1990. The most
' significant growth pressures in the Town are, and will continue to be,
generated by seasonal resort tourist industry. The task the Town is now
facing is how to balance the needs of residents, visitors, and the tourist
industry and not destroy those natural and cultural features which have made
Nags Head an attractive place to live and visit.
' . Physical Characteristics and Natural Resources
Description of Beach Habitats
' The surf zone and near -shore waters (waters up to thirty feet deep) provide a
habitat for a variety of ocean fish and are important not only recreationally
for swimming and surfing but also for commercial and recreational
' fishermen.
Typically in the surf zone, numerous migratory fish including spot, weakfish,
red drum, striped bass, bluefish, kingfish, flounder and various trout species
' can be found. During the summer and fall it is not uncommon to see hundreds
of surf fishermen on the beach. Also during the summer and fall many of the
above mentioned fish species are sought after by commercial beach
fisherman.
The ocean floor in the surf zone serves as habitat for invertebrates, including
crustaceans, worms, and shellfish. Common species include mole crabs,
' coquina clams, barnacles, and horseshoe crabs. These species are not
commercially important; however, they provide an important food source for
fish and shore birds.
' Just beyond the surf zone in the near shore waters, typical fish species
include Spanish mackerel, king mackerel, cobia and black sea bass. While
beyond the range of the shore bound fisherman, these fish are often sought
' after by commercial fishermen as well as the charter and recreational fishing
fleet.
The Beach
As mentioned in the introduction, Nags Head has over 11 miles of oceanfront
shoreline. The land area between the ocean and NC 12 or NC 1243 is
' composed of several distinct natural habitats. The land area from the mean
' Land and Water Use Plan 2000 45

F
Chapter 7. The Beach Plan
low water mark to the mean high tide line (wet sand beach) is sometimes
called the "public beach" where the public has a constitutional right to use
that portion of the beach. The area between the high tide line to the base of
the dune is often refereed to as the "dry sand beach" While this area in many
instances may be in private ownership with property boundary lines
extending landward to the mean high water line, the courts have general held
that the public has the right to travel across this "dry sand beach" area.
Depending upon the time of year and the occurrence of recent storms and
hurricanes, the beach (both wet and dry) ranges from 100 feet wide to several
hundred feet wide. In areas where there has been extensive sandbagging, the
sandy beach area can be non-existent during high tide.
' During the spring and summer various species of sea turtles are found
swimming in the area with some coming ashore to deposit their eggs in the
sand near the toe of the frontal dunes. Turtle species known to be in the area
' include: loggerhead sea turtle, Kemp's ridley sea turtle, green sea turtle,
hawksbill sea turtle and the leatherneck sea turtle. Currently the turtle nesting
period runs from May 1 to November 15. During this time period certain
' beach development or protection activities such as sand bagging and beach
bulldozing are prohibited by the US Corps of Engineers and CAMA to avoid
destroying the buried eggs.
' Dunes
Generally at the western most extension of the beach is a frontal dune. The
height of his frontal dune can range from several feet above the beach to over
twenty feet high. Usually there is a crossover to assist travel to the beach. In
some locations the town has established vehicular crossover points.
According to the North Carolina Division of Coastal Management there are
' two classes of dunes: "frontal" and "primary." A frontal dune is defined as
the first mound of sand located landward of the ocean beaches having
sufficient vegetation, height, and configuration to offer protection from ocean
' storms. A primary dune is defined as the first mounds of sand located
landward of the ocean beaches having an elevation equal to the mean flood
elevation plus six feet. In many cases there will only be a frontal dune and not
a primary dune.
Development along the ocean shoreline is regulated by rules adopted by the
'
North Carolina Coastal Resources Commission. The location and setbacks for
new development along the ocean shoreline are in part determined by the
"average annual erosion rate." The annual erosion rate is an estimate of the
number of feet of dune lost per year. The erosion rate is determined by the
'
Division of Coastal Management using analysis of aerial photographs dating
back to the 1930's. The erosion rates are adopted by the Coastal Resources
Commission and updated periodically. For Nags Head there are a number of
'
Land and Water Use Plan 2000 46

Chapter 7. The Beach Plan
erosion rates for various sections of the beach ranging from two feet per year
at Eighth Street to ten feet per year at the southern Town limits in South Nags
Head. These erosion rates are based on long term erosion patterns and it
should be noted that, for example, if a property has an erosion rate of four
feet per year, the property may not have four feet of erosion each and every
year. In some years there may be no erosion while a single storm event could
result in erosion several times the long term annual erosion rate.
Dune Habitat
' Typical dune vegetation includes American beach grass, sea oats, and bitter
pamcum grass. The area west of the frontal dune generally slopes towards the
road with elevations generally ten to sixteen feet above sea level. Typical
' plant species in this area include most of the grasses mentioned above as well
as some salt tolerant shrubs such as yaupon holly, wax myrtle, and bayberry.
This vegetation is important in stabilizing the dune from wind erosion.
' Common birds include various species of gulls, sandpipers, sanderlings,
plovers, pelicans and terns. Many of the above species are migratory. A host
of other bird species utilizes the beach for feeding during their yearly
' migration.
As the previous section points out, the beach zone and the surrounding water
and land habitats and environments are sensitive to the effects of man as well
' as nature and natural processes such as erosion and storms. In developing the
Town it is important to understand these various forces.
' . Legal Framework: Ownership
Private Property
Depending on how the property was subdivided, private property rights either
terminate at the mean high water line or a line westward of the mean high
water line. There are a few lots within the Town where the private property
line stops short of the mean high water line. As erosion continues to move
' westward, those lots where the property line is the mean high water line, that
property line also moves westward thus reducing the size of the lot.
Public Property and Public Trust
On the ocean beach there is a generally "wet sand" area and a "dry sand"
area. While subject to legal debate the interface between the wet sand and dry
sand is the mean high water line. The mean high water line (MHW) is
expressed as an elevation above the 1929 baseline for mean sea level. While
this 1929 surveyed MHW line represents an average of long term data, it does
not fully reflect the influence of non -tidal factors such as sea level rise. The
' land area waterward of the MHW line, as well as the navigable waters to the
east, is in trust for public use. "On many oceanfront properties, the
easternmost private property line is the mean high water line, a line which
' Land and Water Use Plan 2000 47

Chapter 7. The Beach Plan
can change over time to reflect the shift in the mean high water." There are a
number of state statutes (and cases from other states) that indicate that the dry
sand beach up to the vegetation line is also public area (David Owens, Beach
Liability Report, 1988). Local governments commonly exercise day-to-day
control over beaches within their jurisdiction. Local governments typically
exercise police power over the public trust areas and provide services such as
police, fire, rescue and garbage collection. Under North Carolina law, local
governments, such as Nags Head, are authorized to regulate (with special
legislation) certain water activities such as swimming, surfing and personal
water craft.
Federal Authority
There are several federal programs which regulate or have an impact on
development and utilization of the oceanfront.
Coastal Zone Management Program
The Coastal Zone Management Act (CZMA) of 1972 is the primary federal
statute for protecting the nation's coastal areas from pollution and
development pressures. Other federal statutes specifically designed to protect
the coasts include the Coastal Barrier Resources Act, and the Estuarine Areas
Act of 1968, the latter of which requires federal agencies to consider the
value of estuaries in their planning. In addition, the Clean Water Act's
permitting and other requirements apply to discharges in coastal waters. EPA
also monitors and assesses the impact of hazardous air pollutants on coastal
areas. State statutes, land -use programs, and the state judicial application of
the public trust doctrine may also offer particularly important protection for
coastal areas.
The National Coastal Zone Management (CZM) Program is a voluntary
' partnership between the Federal government and US coastal states and
territories authorized by Coastal Zone Management Act of 1972 to:
Preserve, protect, develop, and where possible, restore and enhance the
resources of the Nation's coastal zone for this and succeeding
generations;
' Encourage and assist the states to exercise effectively their
responsibilities in the coastal zone to achieve wise use of land and water
resources of the coastal zone, giving full consideration to ecological,
cultural, historic, and esthetic values as well as the needs for compatible
economic development;
Encourage the preparation of special area management plans to provide
' increased specificity in protecting significant natural resources,
reasonable coastal -dependent economic growth, improved protection of
' Land and Water Use Plan 2000 48

Chapter 7. The Beach Plan
' life and property in hazardous areas and improved predictability in
governmental decision -making;
Encourage the participation, cooperation, and coordination of the public,
' Federal, state, local, interstate and regional agencies, and governments
affecting the coastal zone.
' The CZMA can assign the primary authority to the states to regulate land -use
on and near the coasts, including tidelands. The CZMA offers federal funding
to the states for developing and implementing coastal zone management
programs that meet certain federal requirements. The CZMA also requires all
federal agencies and programs to be consistent with approved state programs.
North Carolina has been a participant in this program since 1976. In North
' Carolina, The Division of Coastal Management administers the program and
makes available planning and management grants as well as beach access
grants to coastal communities. Regulatory provisions adopted by the North
Carolina Coastal Area Management Act (CAMA) are consistent with federal
CZMA regulations and requirements.
National Flood Insurance Program
In addition to CAMA regulations, the Town is a participant in the National
Flood Insurance Program. As a participating community, in exchange for
administrating minimal development standards for new construction in
' floodplains, properties in Nags Head are able to obtain flood insurance. In
Nags Head there are four flood zones, two of which are on the oceanfront.
Each flood zone will have its own development requirements for new
' construction as well as requirements for additions and improvements to
existing structures.
VE-Zone/Special Flood Hazard Area. This zone delineates areas of the Town
' which will be subject to substantial wave action during a 100-year storm
event (technically, areas of the coast which could be subjected to waves three
feet high on top of the already high rising flood water). The V-Zone
constitutes a stretch of oceanfront from the southern to the northern borders
of the Town.
AE-Zone/100 year Flood/Special Flood Hazard Area. This zone delineates
those areas in the community which have an annual probability of one percent
of being flooded in any given year, i.e., areas which will be inundated by the
100-year flood.
' X-Zone/Areas of Minimal Flooding. These are areas where flooding is
unlikely and are outside the 500-year floodplain. There are no X-zones on the
' oceanfront.
CBRA Coastal Barrier Resources Act. The Coastal Barriers Resources Act of
1982 designated certain portions of the Gulf and East Coast as undeveloped
' Land and Water Use Plan 2000 49
k

k
Chapter 7. The Beach Plan
coastal barriers. A portion of Nags Head Woods which is owned by the Town
and/or The Nature Conservancy is in a CBRA zone. There are no portions of
the oceanfront which are in a CBRA zone.
US Fish and Wildlife Service
The US Fish and Wildlife Service is an Agency within the US Department of
the Interior. One of the primary responsibilities of the Fish and Wildlife
Service is to protect marine mammals as well as threatened, endangered and
migratory birds and mammals. Typical animals which fall under their
protection include migratory birds, whales, porpoises and sea turtles.
US Army Corps of Engineers
The US Army Corps of Engineers (COE) has authority for projects which
affect navigation. In addition, the COE also administers a permit program for
beach bulldozing and the placement of sandbags. The COE permits stipulate
construction standards and the time of year bulldozing or sandbagging is
allowed. Because many species of sea turtles qualify as a threatened or
endangered there is considerable federal protection given to then. The COE
generally does not allow any beach bulldozing or sandbagging between April
1 and November 15.
State Regulatory Programs
Coastal Area Management Act
The Coastal Area Management Act (CAMA) program was established in
1976 as a response to the federal government's Coastal Zone Management
Act (CZMA) as discussed above. Part of this regulatory program is the
establishment of Areas of Environmental Concern (AECs) for ocean and
estuarine areas. Within these AEC land areas, special development
regulations and rules apply to development which occurs in one these areas.
AECs are established to protect the natural resource from uncontrolled
development. Along with the regulatory powers of CAMA, the CAMA
program funds planning and management grants, land use planning grants as
well as grants for public access to the ocean beaches and estuarine areas. This
chapter, as well as Chapter 17, Recreation, discusses public access sites.
Ocean Hazard Areas of Environmental Concern (AECs)
The ocean hazard AEC is the land area closest to the Atlantic Ocean as
defined by CAMA. The ocean hazard AEC in Nags Head is within the CR, R-
1, R-2 and the SPD-C Zoning Districts which are along the oceanfront. The
CR Zoning District extends 5.28 miles along the shoreline, whereas the R-2
District extends 4.13 miles, the R-1 District, 0.81 miles, and the SPD-C
District, 1.07 miles.
The Ocean Hazard AEC is the area along the oceanfront and is comprised of:
(1) ocean erodible areas (beaches), which extend from the mean low water
Land and Water Use Plan 2000 50

Chapter 7. The Beach Plan
line landward 60 times the long-term erosion rate, plus 25 feet; and (2) high
hazard flood areas which represent land that is subject to flooding, wave
action, and high velocity water currents. This area is identified as the V-zone
on the Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Maps and requires special construction methods for structures built in
this V-zone. In addition to special construction standards, structures in the V-
zone will have the highest insurance premiums due to the hazardous nature of
this area.
The placement of new structures in this ocean hazard area requires that the
structures be placed westward of the first line of vegetation. The distance of
setback west from the first line of natural, stable vegetation for small
structures (generally less than 5,000 square feet in area) is thirty times the
annual erosion rate. For example, if the annual erosion rate for a particular
area is four feet a year, the setback would be a minimum of (30 x 4 = 120)
120 feet west of the first line of natural vegetation. A home would have to be
placed at least 120 feet west of the first line of vegetation. Annual erosion
rates in Nags Head range from two feet near the northern Town limits to ten
feet in South Nags Head.
The North Carolina Division of Marine Fisheries
The North Carolina Division of Marine Fisheries (DMF) is responsible for
the stewardship of some of the state's marine and estuarine resources. The
DMF's jurisdiction encompasses all coastal waters and extends to 3 miles
offshore. Agency policies are established by the 9-member Marine Fisheries
Commission and the Secretary of the Department of Environment and Natural
Resources.
DMF's mission is to maintain, preserve, protect and develop all of North
Carolina's marine and estuarine resources. To meet this mission, the DMF is
organized into eight sections.
The Planning and Analysis Section conducts analyses required for
operational and fishery management decisions. This unit also oversees the
DMF's habitat alteration permit review program and the Public
Trust/Submerged Lands Program.
The Statistics and Information Management Section is responsible for the
collection and processing of all commercial and recreational fisheries catch
statistics and the management of biological, license, law enforcement and
operational data. Marine Patrol Section has officers that work in three law
enforcement districts along the coast. It is their job to protect state fisheries'
resources and to inspect seafood houses, fish dealers, and restaurants that buy
or sell North Carolina seafood. This mission is accomplished with boats,
fixed -wing aircraft, helicopters, and patrol vehicles.
Land and Water Use Plan 2000 51

Chapter 7. The Beach Plan
Of importance to Nags Head is NC Marine Fisheries Rule 15A NCAC
3R.011 (a) which prohibits the taking of menhaden by purse seine in the
Atlantic Ocean within 1.5 nautical miles of the beach in specified portions of
' Dare County and Nags Head from May 1 through September 30, and within
0.5 nautical mile of the beach in specified portions of Dare County from
October 1 through December 31. In addition, several sections of the beach in
Nags Head have been closed during a short time period in the fall to protect
recreational fishing interests.
Local Authority
' The Town has been granted by the State certain powers to regulate activities
within our corporate and extraterritorial jurisdiction (ETJ areas. In general
there are three regulatory authorities given to the Town: (1) general police
powers, (2) special legislation from the legislature to regulate certain
activities, and (3) zoning.
Town Code Regulations
Under general police power authority, the Town can regulate numerous
activities and uses along the oceanfront and throughout the Town. For
example, by local regulation the Town prohibits surfing within 300 feet of
'
fishing piers, regulates driving on the beach and riding horses on the beach.
The Town can also prohibit swimming during dangerous beach and weather
conditions when the ocean conditions are unsafe for swimming.
In an attempt to keep the beaches free of debris, the Town can declare
structures which are storm damaged and in danger of collapsing a public
nuisance. In addition, any structure which is located in whole or part in the
public trust area can be declared a public nuisance and abatement procedures
can be initiated by the Town.
'
Special Legislation
The Town requested special legislation from the State Legislature to regulate
uses in which specific authorization has not been provided for by the General
Statutes. In many instances this special legislation is later codified by the
State into the General Statutes. An example is the authority for the Town to
regulate personal watercraft in the Atlantic Ocean. That special legislation is
'
now codified into the General Statutes.
Zoning Regulations
Land Based Zoning
The land -based zoning legislation (General Statues Article 19, Planning and
Regulation of Development) allows cities and towns to establish zoning
districts and zoning regulations to regulate land -based activity. The Town
regulates location, parking, height of structures, size of yards and a host of
Land and Water Use Plan 2000 52

Chapter 7. The Beach Plan
other conditions to allowed and permitted uses along the oceanfront and
throughout the Town.
Extraterritorial Zoning (ETJ)
State Statute allows municipalities to extend planning jurisdiction up to one
mile from their corporate limits. In 1987, the Town extended its zoning
jurisdiction into portions of Roanoke Sound, an area south of the Causeway,
'
and one mile into the Atlantic Ocean. In November 1997, the Town modified
its Extraterritorial Jurisdiction (ETJ) to include areas west of the Town's
'
southern corporate limits in South Nags Head.
At the same time ETJ was established, the Town established the Ocean and
Sound Waters District Zoning District. The purpose of the district is to
provide for the proper use of the ocean and sound waters to ensure the
continued scenic, conservation and recreational value that these waters
provide to the Town, its residents, visitors and the surrounding area.
Water Based Zoning Regulations
Several years ago the Town requested special legislation to regulate personal
watercraft (PWCs) as well as other uses within our ETJ areas. Codification of
'
this special legislation resulted in modification of GS 160A-176.2 which
allows Towns to "...adopt ordinances to regulate and control swimming,
personal watercraft operation, surfing and littering in the Atlantic Ocean and
other waterways adjacent to that portion of the city within its boundaries or
within its extraterritorial jurisdiction; provided, however, nothing contained
herein shall be construed to permit any city to prohibit altogether swimming
'
or surfing or to make these activities unlawful." The Town has adopted
regulations pursuant to this authority.
'
. Zoning Districts
As mentioned earlier, the town has the authority to establish zoning
regulations and districts. Along the oceanfront the Town has established four
zoning districts. Each zoning district has its own purpose and intent and has
developed with its individual character and, uniqueness.
Commercial Residential District (CR)
1
The CR District is an area in which the principal use of the land is for
intensive recreational purposes and for those types of development which, by
their nature, is best located in close proximity to the Town's ocean beaches.
The district also provides for less intensive recreational uses as well as
compatible supporting uses. It is within the CR District that the oceanfront
hotels and motels will be found. The other districts along the oceanfront (R-1,
R-2 and SPD-C) are primarily for residential use and not for the high
intensity use such as hotels and motels.
'
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Chapter 7. The Beach Plan
The CR District extends along the oceanfront and is composed of four areas
which stretch over approximately 5.25 miles. The first and largest area (2.73
miles) extends from Eighth Street south to the 3800 block (near Jockey's
Ridge State Park) of South Virginia Dare Trail where the R 1 District begins.
The next area (0.66 mile) extends from the southern terminus of the R 1
District to an area south of Diamond Street just north of the Quay
Condominiums where the SPD-C District begins. The third area (0.26 mile) is
between Sea Pointe subdivision (across from the Town Municipal Complex)
and the Epstein regional beach access. The last area, and the one most
intensively developed, extends from Forrest Street south into South Nags
Head, and ends approximately 600 feet south of Huron Street for a total of
1.6 miles along the oceanfront.
Permitted uses in the CR District include single-family and duplexes,
municipally owned public access facilities, and restaurants. Conditional uses
include fishing piers, hotels, private beach access facilities, and multi -family
dwellings. The CR District is comprised of 264 acres of which 242 acres or
91 percent is developed. Forty-three percent of the acreage has been
developed residentially, 25 percent as multi -family, and 21 percent as hotels.
As of January 1, 1997, there are 34 lots remaining to be developed. (Table
7.1.)
7.1. Land Use Composition in the Oceanfront CR District
Land Class
No. of Lots"
Acreage
Total Tax Value
Percent of Total
Residential
238
135.76
60,600,340
43.47%
Cottage Court
18
9.86
3,591,640
2.58%
Multi -family
16
28.65
34,815,190
24.98%
Hotel
26
52.61
29,949,990
21.48%
Commercial
9
12.43
4,377,840
3.14%
Public -Government
1
2.42
533,750
0.38%
Total Developed
308
241.73
133,868,750
96.03%
Total Undeveloped
34
22.71
5,550,300
3.99%
TOTAL
342 264.44 139,419,050 100.00%
* The number of lots represents lots which are devoted to a particular
use. For developed lots, a use may occupy more than one lot. Total
undeveloped lots represent all lots which are undeveloped regardless
of lot area.
Land and Water Use Plan 2000 54

Chapter 7. The Beach Plan
Low Density Residential District (R-1)
The R-1 District is intended to encourage the development of low density
residential neighborhoods. There are two R-1 residential districts in Nags
Head and one is along the oceanfront (0.81 mile). It is located between the
3800 block of Virginia Dare Trail (Jockey's Ridge State Park) where the first
CR District ends and the 4200 block of Virginia Dare Trail (Diamond Street).
Within this area there are approximately 46 homes listed in the. National
Registry of Historic Places.
The permitted uses in this district are limited to single-family dwellings and
municipally owned public access facilities. Conditional uses are fire stations,
private parks and clubs, and public utility facilities.
Along the oceanfront there are 45 acres which are all developed and one lot
which is undeveloped. (Table 7.2.)
Table 7.2. Land Use Composition in the Oceanfront R-1 District
Land Class
No. of Lots*
Acreage
Total Tax Value Percent of Total
Residential
51
45.13
79,038,880
98.85%
Total Developed
51
45.13
79,038,880
98.85
Total Undeveloped
1
0.77
130,030
1.15%
TOTAL
52
45.90
79,168,910
100.00%
* The number of lots represents lots which are devoted to a particular
use. For developed lots, a use may occupy more than one lot. Total
undeveloped lots represent all lots which are undeveloped regardless
of lot area.
Special Planned Development -Community District (SPD-C)
The Town has one SPD-C District and that is The Village at Nags Head. The
Village at Nags Head is centrally located between the Atlantic Ocean and
Roanoke Sound, with Old Nags Head Cove subdivision to the north and
Forrest Street to the south. There are approximately 372 acres in SPD-C. The
SPD-C District along the oceanfront is split into two sections for a total of
1.07 miles. The northernmost section extends from the Quay Condominiums
south to, and including, the Sea Pointe subdivision. The other section of SPD-
C along the oceanfront extends from the Epstein beach access south to
Forrest Street. The Town Hall complex, Hawks Nest subdivision and a
portion of the oceanfront from the Town Hall beach access to Epstein Street
regional beach access site are in the CR District and not located in the SPD-C
zoning district.
The 1986 Village Master Plan established five single-family designations,
three multi -family designations, two hotel districts, two commercial areas, a
Land and Water Use Plan 2000 55

' Chapter 7. The Beach Plan
' beach and tennis club, a golf course, sound access areas, Sea Pointe duplex
standards, and numerous areas designated as open space. While multi -family
and hotel standards were developed, no hotels or multi -family buildings
(other than the Quay which was built before 1986) have been built and there
is no remaining land along the oceanfront to accommodate these more
intensive uses. (Table 7.3.)
Table 7.3. Land Use Composition in the Oceanfront SPD-C District
Land Class
No. of Lots*
Acreage
Total Tax Value Percent of Total
Residential
104
51.17
35,926,210
72.39%
Multi -family
1
6.54
6,328,400
16.29%
Public -Government
1
1.29
387,910
0.78%
Private Recreation
1
4.64
1,888,890
3.81 %
Private Access
1
0.64
243,480
0.49%
Total Developed
108
64.28
44,774,890
93.76%
Total undeveloped
24
11.59
3,095,180
6.24%
TOTAL
132
75.87
47,870,070
100.00%
* The number of lots represents lots which are devoted to a particular
use. For developed lots, a use may occupy more than one lot. Total
undeveloped lots represent all lots which are undeveloped regardless
of lot area.
There are two private recreational facilities on the oceanfront which are part
of the Village. The largest is the Beach and Tennis Club which offers access
to the ocean along with an outside pool, small snack bar, game room and
outside tennis courts. During the summer The Village at Nags Head Property
Owners Association provides a shuttle bus to facilitate movement of visitors
from their cottages to the beach. The other facility is a bathhouse and
walkway adjacent to the Quay Condominiums. Both of these facilities are
available only on a membership basis.
Medium Density Residential District (R-2)
Town wide the R-2 District is intended to encourage the development of
moderate density residential neighborhoods with a mix of permanent and
short term seasonal residents, and also to serve as a transition zone between
the low density area and more intensely developed areas. There is one
oceanfront R-2 area and that is south of Whalebone Junction and includes the
oceanfront as well as the land area west of NC 1243. For this section, only
the area east of NC 1243 will be considered. This area is 4.13 miles in length.
Permitted uses in R-2 include single-family and duplex houses, and
municipally owned public access facilities. Conditional uses include religious
Land and Water Use Plan 2000 56

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Chapter 7. The Beach Plan
complexes, fire stations, fishing piers, private parks and playgrounds, public
utilities, and private clubs.
Table 7.4. Land Use Composition in the Oceanfront R-2 District
Land Class
No. of Lots"
Acreage
Total Tax Value
Percent of Total
Residential
577
235.75
92,066,050
85.65%
Cottage Court
14
24.28
8,041,360
7.48%
Multi -family
1
5.69
1,306,210
1.21 %
Commercial
1
1.30
345,160
0.32%
Public-Govemment
2
1.27
190,710
0.18%
Total Developed
595
268.29
101,949,490
94.84%
Total Undeveloped
126
64.04
5,544,840
5.16%
TOTAL
721
332.33
107,494,330
100.00%
* The number of lots represents lots which are devoted to a particular
use. For developed lots, a use may occupy more than one lot. Total
undeveloped lots represent all lots which are undeveloped regardless
of lot area and include combined lots in single ownership.
There are 332 acres in the R-2 District along the oceanfront in South Nags
Head and of that total, 83 percent of the lots are developed. However, 69 of
the 126 undeveloped lots may be unsuitable for development due to erosion;
therefore, 91 percent of the oceanfront could be considered developed. Of the
developed land, 97 percent of the land area is devoted to single-family and
duplex residential uses. The land use composition of the lots east of NC 1243
is shown in Table 7.4.
In South Nags Head the land areas both east and west of NC 1243 are
primarily developed as rental homes and vacation homes. While not included
in the table above, the area west of NC 1243 contributes greatly to the
utilization of the oceanfront by visitors. On the west side of NC 1243 there
are 257 developed properties, 170 undeveloped lots, thus the area is
approximately 60 percent developed in comparison to the oceanfront where
approximately 91 percent of the lots available for development could be
considered developed. Some of the primary development constraints for the
lots west of NC 1243 are septic suitability and proximity to US Army Corps
of Engineers jurisdictional wetlands. (Table 7.4.)
Housing and Accommodations
To meet the needs of the numerous visitors and tourists several types of
accommodations have been developed on the oceanfront (Table 7.5). For ease
of comparison, the Town has been divided into five areas: one area from
Eight Street south to Loggerhead beach access, The Village at Nags Head, the
Land and Water Use Plan 2000 57

Chapter 7. The Beach Plan
CR District in the middle of the Village, the area south of Forrest Street
extending to the southern terminus of the CR District, and the last area which
begins where the CR District ends and extends south to the southern Town
boundary.
Table 7.5. Number and Types of Oceanfront Accommodations
Residential
lots
Hotel/motel
units
Cottage
court units
Multi -family
units
Eight Street to Loggerhead
245
487
37
15
The Village at Nags Head
104
0
0
36
CR out -parcel in The Village
at Nags Head
5
0
0
57
Forrest St south to end of CR
between Holden and Huron
39
279
99
138
South of CR boundary to
southern Town limits (R2)
577
0
156
32
Total
970
766
292
278
Hotels and Motels
There are 766 hotel and motel units in Nags Head along the oceanfront
located in the CR zoning district. Many of the motels are one story high with
a few three stories high. Notable exceptions would be the Comfort Inn built
in 1974 which is seven stories and approximately 65 feet high, and Nags
Head Inn, which is four stories and fifty feet in height.
The last hotel built on the oceanfront was Nags Head Inn which was
constructed in the mid-1980s. For future development along the oceanfront
there is little undeveloped land available to build new hotels and motels. In
all likelihood, any new construction of hotels and motels on the oceanfront
will involve redevelopment with the recombination of existing lots into large
parcels which can accommodate these uses. Both uses are allowed by the
Town's Zoning Ordinance.
Multi -family
There are 278 multi -family dwelling units on the Nags Head oceanfront. By
Town definition, a multi -family building is a building which contains three or
more independent dwelling units. Multi -family buildings also include
townhouses. Most of the multi -family units are in a rental program and rented
on a weekly basis. The last multi -family development was Heron Cove which
was completed in 1990.
Cottage Courts
Cottage courts can be characterized as multiple single-family or duplex
dwelling units located on a single lot. This was once a popular form of
Land and Water Use Plan 2000 58

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IChapter 7. The Beach Plan
' accommodation for visitors in a time when there were few single-family
cottages available for rent. There are currently 292 cottage court units
remaining in Nags Head. In 1985 the zoning ordinance was amended to
prohibit the construction of new cottage courts. This zoning change was due
somewhat to density and ownership concerns where individual units were
being sold and subdivided into non -conforming lots without town
' authorization. In an attempt to assist cottage court owners in maintaining their
cottage courts the Town has adopted zoning regulations which will aid in
their repair and replacement and thus hopefully preserving some of the earlier
character of Nags Head.
Throughout the years numerous cottage courts, small motels, and commercial
structures have been demolished and single-family residences constructed in
' their place.
Single-family Dwellings
The predominant form of accommodation, and the one the town encourages,
is the single-family residence. In the 1996 land use survey, 90 percent of the
respondents felt that single-family housing in Nags Head was important in
' preserving the "family beach"atmosphere. On a question regarding building
heights, 94 percent of the respondents felt that low building heights were also
important in preserving the family beach quality. As the mission statement
points out, the Town is opposed to tall structures which block the oceanfront.
Large oceanfront single-family houses can have an impact on neighboring
properties. Over the years the size of oceanfront residential homes has
' increased so that today many of the homes built have five to seven bedrooms
and have been advertised to accommodate over twenty people Today's large
rental oceanfront houses often accommodate several families with advertised
occupancies into the twenties. With these many visitors, parking, solid waste
disposal, and noise can become a problem especially during the summer.
Size
' Over the last twenty to thirty years the Town has seen a transition from the
"beach box" or "salt box" type of house to the more elaborate multi -story
houses of today. The beach box style of house, while adequate thirty years
ago, does not meet the needs of many of today's tourists and residents.
Today's house is larger, averaging approximately 2,500 square feet in area
and often containing five or more bedrooms. In comparison, in 1986 the
average house size was 1,400 square feet with 3.3 bedrooms. While today's
average house may be 2,500 square feet in area, it is not uncommon to see
houses pushing 5,000 square feet in area, with a pool and numerous other
I
amenities on the oceanfront.
1
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'
Chapter 7. The Beach Plan
'
Historic District and Historic Homes
From its early beginnings in the 1800s, Nags Head has consisted
predominantly of single-family cottages and a few motels. Family -operated
'
businesses and cottage courts made up the commercial sector of Nags Head.
These factors contributed to a certain charm, and a slow and relaxing pace of
life.
Along the oceanfront is an area containing a sizable group of historic beach
cottages. These cottages were built shortly after access from the mainland
became available. This area, sometimes known as the Nags Head Beach
Cottage Row District, begins near Jockey's Ridge State Park (3800 Virginia
Dare Trail) and extends to the south approximately 0.9 mile to the 4200 block
of Virginia Dare Trail. The area includes some 60 houses, most of which are
'
on the oceanfront. A considerable number of these houses are on the National
Register of Historic Places. Most of the homes are still in the ownership of
the original families. The houses have an easily identifiable architectural style
'
with wood siding, two stories on the main frame, and quarters extending like
an "L" towards South Virginia Dare Trail (NC 12). A number of these homes
are rented in the summer to visitors, while the remainder of these homes are
not rented and are used by the families of the owners as they have been for
many years.
'
A particularly important question for this historic oceanfront area is whether
future development and growth, not only on the oceanfront, but on the
commercially zoned land to the west, will jeopardize the existing historic and
architectural significance of these structures in the Town.
Fishing Piers
There are three fishing piers in Nags Head. From north to south, Nags Head
'
Pier is in the 3300 block of Virginia Dare Trail, Jennette's Pier is located at
Whalebone Junction, and the Outer Banks Pier is in the 8900 block of South
Old Oregon Inlet Road in South Nags Head.
Nags Head Pier is approximately 700 feet in length and was constructed
around 1956, destroyed in 1962, and rebuilt. Today Jennette's Pier is 540 feet
in length. It was built in 1939, partially destroyed in 1941, and was rebuilt in
'
1947. The Outer Banks Fishing Pier is approximately 650 feet in length and
was built in 1957, damaged in 1962, and rebuilt. All three piers have tackle
shops and Jennette's Pier and Nags Head Pier have restaurants.
'
. Private Access, Beach Club
In addition to the town's public beach access sites, The Village at Nags Head
' has two private access facilities. One facility is located at 4929 South
Virginia Dare Trail and consists of a small parking area and bathhouse. The
larger facility, The Village at Nags Head Beach Club at 5805 South Virginia
Land and Water Use Plan 2000 60

Chapter 7. The Beach Plan
' Dare Trail, has approximately 80 parking spaces, several tennis courts, an
outdoor pool, game room and an access to the beach.
Visual and Aesthetic Resources
' As mentioned previously, Nags Head has been considered a family beach, a
vacation spot where families can come and enjoy themselves without
' worrying about traffic, congestion, and noise. People have come to Nags
Head for years in order to get away from such problems of city life. A
primary reason people are attracted to Nags Head is the aesthetic and visual
' quality of the environment, including its beaches and open space, and the
relative low density of its development. Many of these amenities and visual
qualities, however, are changing and will continue to change as the available
land is developed. It is important that the Town address these changes in
' advance to preserve unique qualities of the ocean beach environment.
Open Space
The results from the 1990 and 1996 land use surveys which were mailed to
all property owners illustrate the importance of open space. Respondents'
first and foremost desire, which they were willing to pay for was preservation
' or acquisition of open space-68 percent in 1990 and 66 percent in 1996.
They want to maintain open spaces along the ocean, the sound and in forested
and vegetated areas.
' . Recreational Opportunities
Along the 11 miles of oceanfront the Town has 28 public access sites
' providing 566 parking spaces for beach goers. Included in this count are three
regional beach access sites which include Bonnet Street Regional Access,
Epstein Regional Access, and Hargrove Regional Access. Regional access
sites are designed to accommodate more individuals and provide restroom
and shower facilities. Most of the remaining access sites are neighborhood
sites which generally provide parking and a crossover to the beach. Some will
have pole -mounted showers. Two sites, Small Street and James Street in
South Nags Head, do not provide parking. The beach access sites are shown
on Map 5 and are listed in Table 17.2.
' In an attempt to determine how many people are on the ocean beach, the
Town's Ocean Rescue Service estimated the number of beach goers at one
time during the day for the months of June, July, and August. During the
month of June 1997, there were approximately 74,368 people on the beach
(including Regional Accesses) during the count. In July there were 291,110
and August the count was 239,970. From Labor day through October 15,
' there were 28,453 people on the beach during the count north of Jennette's
Pier, and 23,546 people south of the pier. Counts are also made at stationary
lifeguard stations at the Town's regional bathhouses/accesses at Bonnett
Land and Water Use Plan 2000 61

k-
I
Chapter 7. The Beach Plan
Street, Epstein Street, and at Hargrove Street. The counts are shown in Table
7-6.
The regional access sites are heavily utilized during the summer months. Due
to this heavy usage, the Town in 1994 constructed a third regional access at
Hargrove Street in South Nags Head. At times during the peak summer
months there is little available parking at the Bonnett Street and Epstein
Street accesses. Hargrove Street access remains somewhat underutilized. The
following represents counts of beach goers utilizing the regional access
facilities at one specific time during the day and do not represent the total
usage for the entire day.
Table 7.6. Usage activity at regional bathhouses
Jun-97
Jul-97 Aug-97
Total
Daily Avg
Bonnett Street 3,325
8,945 6,527
18,797
209
Epstein Street 3,252
6,780 6,725
16,757
186
Hargrove Street 1,894
4,255 3,270
9,419
105
In addition to the numerous public access sites, and in a further attempt to
facilitate access to the beach, the Town over the last five years has
constructed sidewalks along Eighth, Barnes, Bonnett, and Bladen streets and
a sand/clay path that connects Old Nags Head Cove to the Enterprise Street
access. Shorter sidewalks exist at Mall Drive, Seachase Drive, and
Baymeadow Drive. Several years ago the Town constructed a multi -use
pedestrian path (4.75 mile) parallel to NC 1243 from Whalebone Junction to
the southern Town boundary. In addition, the Town in late 1997 completed a
sidewalk along Danube Street stretching from Roanoke Sound to the Small
Street beach access site.
Respondents from the 1996 Land Use Plan Survey were asked about the need
for bikeways and sidewalks. Opinion was somewhat consistent on this issue,
with 74 percent indicating a need for bikeways and sidewalks and 64 percent
willing to pay higher taxes to finance such improvements. See chapter 10,
Traffic and Transportation for additional discussion of bikeways and
pedestrian facilities.
In a barrier island community such as Nags Head, recreation and open space
are intimately tied to beach and shoreline access and use. Even though
considerable amounts of wet -beach areas may exist for public use, such areas
may not satisfy future recreational needs if additional space and sufficient
public access points are not provided. As future growth and development
occur the capacity and adequacy of the public beach and existing access
points will likely be exceeded. In The 1996 Land Use Plan Survey, citizens
were asked what they liked best about Nags Head. The most common answer
Land and Water Use Plan 2000 62

F
0
Chapter 7. The Beach Plan
was the "ocean, beach, and sound." From the same survey, citizens were
asked about our current mix of ocean access opportunities, 62 percent felt
that we did not need any more large ocean access sites, 55 percent felt we
needed more small ocean access sites and 56 percent felt that the Town had
the right mix of large and small accesses.
One area that lacks any public access to the beach is the "Historic District."
The closest public accesses to the north of this area is located at Conch Street
(3600 block of Virginia Dare Trail) and to the south, Small Street (4500
block of Virginia Dare Trail). The Town does not own any public rights -of -
way within this area.
Transportation
The existing transportation system consists of two primary roads parallel with
the Atlantic Ocean. These two roads have several names. NC 12, which is
closest to the ocean is also known as Virginia Dare Trail and as the "Beach
Road." US 158 generally runs down the center of Town and is known as
Croatan Highway and formerly as the `Bypass." In addition to these two
roads, which are state maintained, there are numerous Town roads which run
in an east -west configuration connecting these two major roads. In South
Nags Head, south of Whalebone junction, NC 1243 (South Old Oregon Inlet
Road) is a state road and is the only major road within Nags Head serving this
area.
Transportation Improvements
Improvements to US 158, NC 12, and NC 1243 since 1985 include the
widening of US 158 to four lanes, repaving and adding a paved area
alongside the drive lanes on NC 12, widening of US 64-264 along the
Causeway, and repaving NC 1243. Additional local improvements over the
last ten years have included the replacement of the Washington Baum Bridge
and the "Little Bridge," and completion of a parallel Wright Memorial Bridge
at Kitty Hawk and Southern Shores.
The NC Department of Transportation has completed a Thoroughfare Plan
for the Outer Banks and is suggesting the following improvements which will
help facilitate traffic movements within the Town, and specifically NC 12.
Improve NC 12 with by an additional three feet of pavement on both
sides.
Where there is a currently a third turn lane on NC 12, the interconnecting
road to US 158 should be widened to three lanes.
• Gull Street and Lakeside Street should be three lanes from NC 12 to US
158. A signal should be placed at Gull Street to address access to the
Soundings Shopping Center.
*For a more detailed discussion of traffic and transportation, see chapter 10.
Land and Water Use Plan 2000 63

Chapter 7. The Beach Plan
Governmental
State Owned Land
Within the Town there are five ocean outfalls owned, operated and
maintained by NCDOT. The northern outfalls (Carolinian, Curlew, Old
Casino (Kitty Hawk Kites), and Conch Street) generally drain some of the
land areas between NC 12 and US 158. Direct runoff from portions of US
158 is eventually channeled through several of these outfalls. The outfall in
South Nags Head drains much of the ditch alongside NC 1243. Except for the
South Nags Head outfall, the other outfalls primarily function during storm
events.
• Economic Issues
Tourism and VZsitation
Tourism is the major industry on the Outer Banks. According to a study made
by the North Carolina Division of Travel and Tourism and the Outer Banks
Chamber of Commerce (1990), over six million (6,628,881) people visited
the Outer Banks in 1989. In 1996, gross retail sales for Dare County were
$690,412,821 and gross receipts from occupancy and prepared meals were
$136,382,454 and $98,718,133. The direct contribution to the area's economy
from travel and tourism for 1995 was $349.8 million, resulting in 7,750 jobs
with a payroll of 80 million dollars (Outer Banks Chamber of Commerce).
The Importance of the Tourist Industry —An Example
A single-family home located on the oceanfront which is in a rental program
adds considerable money to the local economy and tax receipts for the county
and town. For example, a 2,500-square-foot, five -bedroom, five -bathroom
home valued at $300,000, located on the oceanfront which rents for $3,500 a
week in season for 10 weeks, and $2,000 a week during the shoulder season
for an additional 10 weeks, would produce the following:
Annual County ad valorem tax: $ 1,410
Annual Town ad valorem tax: $ 1,074
Occupancy tax: $ 2,200 total divided as follows:
$ 550 to the Tourist Bureau
$ 550 to Dare County
(Occupancy tax, continued) $ 1,100 to the towns -of which
Nags Head gets $341 (31%)
Meal tax: Assumption: (10 people spend
$25.00 day per person for six days).
Tax: $15.00 to the Tourist Bureau
General sales tax: six (6) percent
Land and Water Use Plan 2000 64

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Chapter 7. The Beach Plan
In total the above house for the summer season would generate an excess of
$5,300 in taxes a year. While not every rental home is 2,500 square feet in
size and would rent for $3,500, some are larger and rent for more, while many
are smaller and rent for less. Twenty weeks represents a "good season" taking
into account the shoulder season.
While the above discussion centers on revenue from a single rental home, the
overall contribution from the tourist industry and residents is summarized in
Table 7.7 for occupancy and ad valorem taxes paid by residents and visitors
to Nags Head.
Table 7.7 Occupancy and ad valorem taxes collected by the town
Dollar Amount
Year
Occupancy Tax
Ad Valorem Tax
Sales Tax
1991-92
649,980
2,180,481
522,676
1992-93
641,859
2,128,135
591,675
1993-94
734,079
2,268,274
656.145
1994-95
804,605
2,454,125
761,527
1995-96
839,521
2,514,143
798,204
* Includes all local sales tax
Occupancy Tax
Occupancy tax is collected by Dare County from all establishments that rent
accommodations. This tax is collected on rental room, lodging, or similar
accommodation subject to sales tax. Distribution is prorated to the amount of
ad valorem taxes levied by each town for the proceeding year. As Table 7.7
points out, occupancy tax revenues have increased every year with the
exception of two dips in 1991-92 and 1992-93 and overall occupancy revenue
has increased by 98 percent since 1986.
While there is not a specific category breakdown for Nags Head for the
source of occupancy tax collected, Table 7.8 represents the percentage of
occupancy tax collected from various sources countywide from August 3,
1996, to July 23, 1997.
Table 7.8 clearly demonstrates that the largest source of occupancy tax
revenue is from the rental of homes with the next largest being motel/hotels.
Table 7.8 Countywide occupancy tax collection
Source
Percentage
Agent rented cottage
65.5%
Motel/Hotel
28.7%
Homeowner rented cottage
4.4%
Campground
1 %
' Land and Water Use Plan 2000
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Chapter 7. The Beach Plan
Bed and Breakfast 0.4%
Ad Valorem tax
Ad valorem tax is the tax paid on the value of land and structures on the land.
For tax purposes Dare County determines the assessed tax value for each lot.
The county and town then establish their own tax rates.
Sales Tax
In 1996, gross retail sales for Dare County was $690,412,82 1. Of this amount
'
the state receives four percent, the county receives an additional one percent
local sales tax option (of which the town receives eight percent), and an
additional one percent tax goes to the state of which the town's share is four
'
percent.
Receipts from occupancy, sales, and ad valorem taxes are a significant source
of revenue for the town with ad valorem tax accounting for the greatest
amount of revenue. The Town of Nags Head has over 11 miles of oceanfront
shoreline. Within these 11 miles there are 970 single-family and duplex
structures, 766 hotel/motel rental units, 292 cottage court rental units, and
'
278 multifamily dwelling units. In total, there are at least 2,126 dwelling units
on the oceanfront which represents 42 percent of the dwelling units within
the Town. The total tax value for all property (including miscellaneous
'
structures) east of NC 12 and NC 1243 is $307,872,129. This represents
approximately 16% of the land area in Nags Head and 45% of the tax value in
Nags Head that may be at risk from storms and hurricanes. Should the town
experience significant damage from a hurricane, a dramatic decrease in
revenue would occur. The following section discusses the amount of property
at risk under various hurricane and storm scenarios.
'
• The Beach at Risk
Nags Head Vulnerability and Magnitude of Risk
Within the town there is approximately $677 million worth of developed
property. While some of the property would be subject to damage by flooding
and storm surge, all the property would be subjected to the forces of wind
'
during a hurricane. The following is an analysis of the magnitude of risk of
property in Nags Head.
Hurricanes and severe coastal storms represent serious threats to life and
'
property on the North Carolina coast. Along the Atlantic coast, North
Carolina is second only to Florida in the number of storm striking the
mainland. Between 1890 and the present, North Carolina experienced 24
'
hurricanes, or an average of approximately one hurricane every four years
(Neumann et al., 1978.). In addition to hurricanes, Nags Head is subject to
tropical storms and northeasters, such as the devastating Ash Wednesday
'
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' Chapter 7. The Beach Plan
storm of -1962. Hurricanes and coastal storms create severe conditions of high
winds, flooding and wave action.
Vulnerability to hurricane and storm hazards can be assessed first by
' analyzing the nature and location of physical hazards, and then by estimating
the extent to which people and property are exposed to these forces. These
assessments are provided below in brief fashion. A more extensive analysis is
' provided in the Town's 1984 Hurricane Hazard Mitigation and Post -Storm
Reconstruction Plan and in the update of that study -A Plan to make Nags
Head, North Carolina Less Vulnerable to the Impacts Of Natural Hazards.
' November 1997 (draft).
Location of Storm Hazard Areas
' There are several approaches to delineating areas or structures that are
vulnerable to coastal storms. One approach uses proximity of the property
and structures to the ocean; another uses topography or elevation of the land
above mean sea level and another is the age of construction.
Age of Construction
Throughout the years building code standards for construction has changed to
make homes more resistant to wind and flood damage. Before 1972 there
were few building code standards for coastal construction. In 1972, 1985, and
again in 1996 the building code changed to address enhanced standards for
' coastal construction. Of the structures that exist east of NC 12 and NC 1243,
5 1 % were built before 1972 when building codes did not specifically address
enhanced coastal construction methods and materials.
' The dates used above reflect the approximate year built according to Dare
County tax records and does not necessarily imply that structures built before
the newer construction codes are unsafe. Some of the earlier builders
frequently used some type of tie downs as well as stronger construction
methods than the code required. As Chapter 16 points out, we have a number
of historic structures which pre -date most building codes that are still
' standing today. Building codes are constantly being revised to better address
storm and hurricane conditions.
' Proximity to the Ocean
For the Land Use Plan update, David Brower, Professor with the University
of North Carolina at Chapel Hill performed a vulnerability analysis for Nags
' Head. He developed a geographic information system (GIS) application
tailored to Nags Head for vulnerability and hazard assessment. In 1984,
Brower performed a similar hazard analysis (not with GIS) for the Town.
What follows is a summary from that report highlighting the most pertinent
information with the Town's vulnerability to natural hazards. Note that this
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Chapter 7. The Beach Plan
' analysis is in terms of tax values as determined by Dare County and not the
market value of these properties.
• Flood Zones and Topography
' In Nags Head there are four flood zones, two of which are on the oceanfront.
Flood zones are based somewhat upon height above sea level and proximity
' to the flood waters. In general, many interior which are significantly above
sea level may not be in a special flood hazard area. Each flood zone has own
development requirements for new construction as well as requirements for
' additions and improvements to existing structures. In addition to the two
flood zones on the oceanfront, a 300-foot zone was used for this Plan to
determine vulnerability along the oceanfront.
' VE-Zone/Special Flood Hazard Area
This zone is the closest to the water and delineates areas of the Town which
will be subject to substantial wave action during a 100-year storm
' (technically, areas of the coast which could be subjected to surface waves
three feet high on top of the already rising waters). The VE-Zone constitutes
a stretch of oceanfront from the southern to the northern borders of the Town.
' The VE-zone is 628 acres in size. Within the VE-zone there are
approximately 635 developed parcels on 534 acres. The total tax value for
these developed parcels was $236,887,019 as of January 1, 1997. Of the 635
' structures, 293 were pre -FIRM (before adoption of the Flood Insurance Rate
Maps) and built before the Town began to participate in the National Flood
Insurance Program in 1978.
AE-Zone/100-year Flood/Special Flood Hazard Area
This zone delineates those areas in the community which have an annual
' probability of one percent of being flooded, i.e., areas which will be
inundated by the 100-year flood. In Nags Head, these zones are located over
much of the jurisdiction. Specifically, these areas include most of the land
east of NC 12 and NC 1243 (although there are V-zones along the frontal
' dunes), much of the land between NC 12 and US 158, as well as portions of
land west of US 158 along the estuarine shoreline, and Cedar and Pond
islands. The AE flood zone is 2,158 acres in area of which 1,453 acres are
' developed. Development within the AE flood zones is composed of
approximately 1,429 structures, with a tax value of $254,964,860 as of
January 1, 1997. Of these 1,429 structures, 489 structures had a tax value
' $166,201,000 and were built prior to the Town's participation in the National
Flood Insurance Program.
' 300-foot Zone
Hurricane experts have argued that experience shows that the most extensive
damage from hurricanes occurs within 300 feet of the ocean. While this is
' more a "rule of thumb" than a scientifically established hazard zone, it
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Chapter 7. The Beach Plan
nonetheless represents a useful guide for measuring extent of property at risk
and appropriate mitigation measures.
Incipient Inlets
In any major storm or hurricane, the formation of new inlets is a possibility.
While the prediction of inlet formation and their precise location is highly
uncertain, particular physical features can be used to identify likely sites. In
an analysis of potential inlets in Nags Head, three areas have been identified
as possible sites for incipient inlets.
Whalebone Junction Incipient Inlet
Whalebone Junction area was identified as a potential incipient inlet based on
several factors: maximum elevation, island width, canal dimensions, and rate
of erosion. Width and elevation of a barrier island appear to be the most
important factors. This potential Nags Head inlet identified by Lynch is a
canal which enters the island near Whalebone Junction. Lynch calls this site
"extremely hazardous," based on a composite of several of the crucial
primary and secondary factors. Drawing a straight line across the island from
this canal and placing a 425-foot erodible area (estimated width of area
subject to erosion) on each side of this line yields the Whalebone Junction
incipient inlet hazard zone.
Old Nags Head Cove Incipient Inlet
A second potential inlet has been identified in the Old Nags Head Cove area.
Here finger canals have been excavated from the soundside approximately
1,000 feet perpendicular to the shoreline. This means that stormwater from
the sound would have a clear funnel traversing the island more than halfway
to the ocean. This represents a serious inlet threat, and unfortunately is
located in the center of a large subdivision. Extending the path of the longest
canal to the Atlantic Ocean, and placing a 325-foot erodible area (estimated
width of area subject to erosion) on each side of this line, yields an
identifiable hazard zone. This is a crude delineation, as is the case with the
other incipient inlets, and is meant only to provide decision -makers with a
general idea of the geographical area of concern.
Soundside Road Incipient Inlet
A third potential inlet can be identified in the Soundside Road area just south
of Jockey's Ridge State Park. This area has been identified because of its
relatively frequent flooding. Extending the path of this road, and placing a
100-foot erodible area (estimated width of area subject to erosion) on each
side yields an identifiable, albeit crude, hazard zone. This same area was the
site of extreme flooding and damage alongside Soundside Road (formerly
Jigsaw Road) in 1962.
Additional Conclusions from the Vulnerability Study
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' Chapter 7. The Beach Plan
' An analysis of all property east of NC 12 and 1243 indicated that there were
1,040 structures in this area with a value of $290,527,689 as of January 1,
1997. Within this group, 214 structures were built before the Town began to
' participate in the National Flood Insurance Program in 1978, and may not
meet today's flood insurance standards.
Analysis shows that 59 percent of all structures in Nags Head (an aggregate
' tax value of $400,639,079) are vulnerable to a Category 1 hurricane, and 83
percent of all structures (an aggregate tax value of $568,944,769) are likely to
be impacted during a Category 3 hurricane.
' Analysis also indicates that 42 percent of all developed property in Nags
Head (total tax value $290,527,689) lies within the 300-Foot Zone, while 4.5
percent (total tax value $30,679,090) is vulnerable to incipient inlets.
' Property within the VE flood zone is valued at $236,887,019, and property
within the AE flood zone is valued at $254,964,860.
1
The vulnerability of vacant areas (which make up 28 percent of the total
acreage of Nags Head) is also significant. Of all vacant land in Nags Head
(48%), or 488 acres, is vulnerable to Category 1 hurricanes, while 25 percent,
or 912 acres would be impacted during a Category 3 hurricane. Ten percent
of Nags Head's vacant land is within the 300-Foot Zone (100.75 acres), and
three percent (or 29 acres ) is subject to incipient inlets. Nine percent (94
acres) of all vacant land falls in the VE flood zone, and 69 percent (704
acres) within the AE flood zone.
Approximately 70 percent of the tax value of structures in the Town were
built after the Town began to participate in the National Flood Insurance
Program in 1978. Structures built before 1978, did not need to meet any base
flood requirements and thus may be more susceptible to flood damage.
Within the three incipient inlets, approximately 117 structures are located,
representing a tax value (as of January 1, 1997) of $30,679,000. Of this
number, 67 structures with a tax value of $18,698,000 represent pre -FIRM
buildings.
In 1988 the Town adopted a comprehensive Hurricane and Storm Mitigation
and Reconstruction Plan. Prior to developing this Plan, Brower, in 1984,
conducted an extensive estimation of the properly -at -risk in each of the
hazard zones. Several comparisons can be made between the two plans
prepared thirteen years apart. These comparisons are shown in the Table 7.9
below.
Table 7.9 Comparison of property at risk from the 1984 and 1996
Vulnerability Study. Dollar value not adjusted for inflation
1984
F 1996
Value of structures east of NC 12/NC 1243
1 53 Million
1 307 Million
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Chapter 7. The Beach Plan
Percent of property east of NC 12/NC 1243
40 %
42 %
Value of structures in potential incipient inlets
1.76 Million
30.6 Million
Conclusion of vulnerability analysis. The Town of Nags Head has over 11
miles of oceanfront shoreline in which exists 970 single-family and duplex
structures, 766 hotel/motel rental units, 292 cottage court rental units, and
278 multifamily dwelling units. The density on the oceanfront (dwelling
units/acre) is approximately three units per acre as compared to the overall
Town average of 0.85 units per acre (Chapter 15). In total, there are at least
2,126 dwelling units on the oceanfront which is 42 percent of the dwelling
units within the Town. The total tax value for all property (including
miscellaneous structures) east of NC 12 and NC 1243 is $307,872,129. This
represents approximately 16 percent of the land area in Nags Head and 40
percent of the tax value in Nags Head that may be at risk from storms and
hurricanes.
' . Emerging Issues
Development Constraints
Development on the oceanfront involves meeting numerous rules such as
CAMA, FEMA and zoning regulations. Zoning regulations address such
concerns as lot coverage, height, setbacks, and the types of uses allowed.
CAMA regulations determine minimum setbacks from the first line of stable
natural vegetation. FEMA regulations address the flooding potential for the
structure and establish minimum construction standards and height standards
dependent upon the flood zone in which the structure is sited. In keeping with
the Town's family beach atmosphere, oceanfront single-family development
is allowed in all districts.
1. Land Availability. Land availability will be a primary factor in further
development of the oceanfront. As of January 1, 1997, there was one
vacant lot in the R-1 District, 34 lots in the CR District, approximately 57
lots in the R2 District, and 24 lots in the SPD-C District. While the
availability of vacant oceanfront property is diminishing, the Town is
beginning to see, and will continue to see, an increase in redevelopment
of existing sites. As mentioned previously, cottage courts and motels
have been demolished and single-family residences constructed on their
sites.
' 2. Erosion. Erosion has been and will continue to be the primary cause for
the destruction and loss of oceanfront homes. The erosion rates for Nags
Head range from two to ten feet per year. Since the CAMA program
' began in 1976, all structures on the oceanfront have had to meet the
required thirty-year setback. With time, more and more of the homes and
1
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Chapter 7. The Beach Plan
structures which were built to the minimum thirty-year standards will be
threatened by erosion as the coastline migrates west.
3. CAMA. All structures built on the oceanfront must meet the minimum
CAMA standards: As lots become shallower due to erosion, those
standards will be harder to meet.
Gas and Oil Exploration
In the last eight years new environmental and economic concerns have
developed relating to off -shore and outer -continental shelf (OCS) gas and oil
exploration. Often associated with off -shore gas and oil exploration are land -
based support facilities such as electric generating plants, refineries, storage
facilities, and transmission pipelines.
With any energy -siting facility, either off -shore or on -shore, there are always
potential negative economic and environmental impacts. Off -shore impacts
could result from blow -outs and spills. Potential on -shore environmental
impacts include air pollution from generating or refining facilities, and
groundwater and surface water pollution resulting from large oil spills from
storage tanks and transmission lines.
The Town's Zoning Ordinance does not permit any of the above shore -based
uses associated with gas and oil exploration within the Town or within our
extra -territorial jurisdiction.
Water Quality
The quality of the ocean's water is excellent and there have been no reported
water quality problems in Nags Head associated with the ocean waters.
Stormwater runoff has not been a problem on the oceanfront due to the
relative low density of development, lot coverage requirements of the Town,
and high porosity of the sandy soils.
(Beginning in the summer of 1997, the Department of Environment and
Natural Resources -Shellfish Sanitation Section began sampling at five
oceanfront sites. They sample for fecal coliform, enterococcus, salinity and
temperature. The sites are sampled weekly during the summer and less often
during the rest of the year. If a certain area along the coast has a problem with
water quality, health officials will recommend people not swim there by
posting a sign in the area, listing it on a web site, and by notifying the local
media and the Dare County Health Department.)
Within the Town there are five ocean outfalls (see map 3, Fragile Areas)
operated ' and maintained by NCDOT. The northern outfalls: (Carolinian,
Curlew, old Casino [Kitty Hawk Kites], and Conch Street) generally drain
some of the land areas between NC 12 and US 158. Direct runoff from
portions of US 158 is eventually channeled through several of these outfalls.
The outfall in South Nags Head drains much of the ditch alongside NC 1243.
Land and Water Use Plan 2000 72

Chapter 7. The Beach Plan
With the exception of the South Nags Head outfall, the other outfalls function
primarily during storm events.
While not causing any water quality problems in Nags Head, an ocean outfall
in the Town of Kill Devil Hills was found to be a health concern due to a
malfunctioning septic system in Kill Devil Hills. A portion of the Kill Devil
Hills ocean beach was closed for a short period of time until the failing septic
system could be repaired. While outfalls by themselves do not cause a
problem it is essential that they are maintained and function properly. The
public perception of any beach closure can be devastating.
Ocean Overwash
As with any low-lying coastal community, surface groundwater, or surfacing
groundwater, and ocean overwash are areas of concern. The Halloween storm
of 1991, a northeaster following a late season hurricane, caused an erosive
wave pattern which eroded significant dune areas and caused serious ocean
overwash. Subsequent storms in the winter of 1992/1993, and the summer of
1994 resulted in some overwash due to the dunes weakened in the Halloween
storm of 1991. Some of the areas affected by the overwash drained relatively
quickly, while standing water affected some areas for a week or so. The
flooding is currently sporadic. The ocean overwash flooding cannot be
prevented but may be controlled by a community -wide beach nourishment
program.
Public Health
Safety and welfare risks may occur in the form of flooded septic systems and
flooded streets. When septic drainfield and tanks are under water there is
always the concern that untreated sewage will enter into the drainage system
as mentioned above. Fortunately, the Town's existing stormwater drainage
system, except for the most severe weather event, can adequately handle
drainage.
' One area of concern rests with a few oceanfront cottages where the septic
systems have been placed on the east side of the cottage. As a result of
erosion, these septic systems are in danger of being exposed and
' malfunctioning. All repairs and replacement of septic systems must meet state
regulations and permitting requirements by the Dare County Department of
Environmental Health.
' Ocean Sewage Outfalls
There are no ocean sewage outfalls in Dare County. In some coastal
communities with centralized sewer treatment facilities, an ocean outfall is a
' method to dispose of the treated effluent. Some coastal areas in the United
States have adopted ocean outfalls as an effective means of disposing of large
volumes of treated domestic wastes. Depending on their locations and local
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Chapter 7. The Beach Plan
oceanographic conditions, ocean outfalls have met with varying degrees of
success
Recreational Fishing
The ocean beaches in Nags Head and the Outer Banks are well known for the
fishing opportunities they afford. Many visitors as well as residents plan their
vacations around the recreational fishing season. The Town is host to one of
the oldest fishing clubs on the east coast —the Nags Head Surf Fishing Club.
Every fall the Club sponsors a fishing tournament that attracts over eighty
teams and thousands of visitors.
In addition to the surf fishing opportunities, there are three commercial
fishing piers in Nags Head.
Commercial Fishing
While commercial fishing within Nags Head and our Extraterritorial
Jurisdiction (ETJ) waters does not represent a significant industry, efforts
should be made to ensure that opportunities remain for the activity to
continue. For the last two hundred years, commercial fishing has been part of
the culture of the area.
Over the past few years the Town has seen increasing friction develop
between commercial fishermen (both onshore and offshore) and recreational
fishermen and residents who object to the presence of commercial fishermen
either working the beach, or offshore in boats. The North Carolina Marine
Fisheries Commission has established rules which regulate certain types of
commercial fishing activities in Nags Head during specific time periods and
locations.
Other User Conflicts
Another evolving concern has been the use of personal watercraft in the
ocean. The use of these privately owned PWCs in close proximity to the
shoreline can create hazardous conditions for swimmers and surfers. While
the Town does have rules on noise and how close the PWCs can be to the
shoreline and piers, enforcement can be problematic.
' As the population increases and types and numbers of different activities that
occur on the shore and near shore increase, user conflicts will occur. It is
possible that the Town will begin to see more user conflicts develop between
' other groups, such as swimmers, surf fishermen, surfers, etc.
Beach Driving
Driving on the ocean beaches has been allowed for many years. The Town
' currently issues permits and restricts driving on the beach to certain times of
the year. Over the last few years the Town has had to close off sections of the
beach due to poor driving conditions or lack of a suitable beach on which to
' Land and Water Use Plan 2000 74

' Chapter 7. The Beach Plan
' drive. In some cases houses on the beach may impede both vehicular and
pedestrian traffic traveling the beach. As erosion continues and the area of
sand suitable for driving diminishes, the Town may need to reevaluate the
' current policies on driving on the beach.
Condition of the Beach
' In the 1996 land use survey, 311 (23 percent) of the respondents noted that
the ocean, beach, and sound were the things they liked best about Nags Head.
While not elaborated on in the land use survey, the Town has received
' complaints in the past regarding dogs on the beach and the condition of the
beach (trash/debris), especially after a storm. Large fish spill from the
commercial fishing operation have occurred which can result in tons of dead
t fish littering the beach.
Beach Cleanup
Every fall North Carolina Sea Grant and a host of other organizations sponsor
' a Beach Cleanup day. Countless volunteers and citizens scour the beach for
debris, bag it, and remove it from the beach. In addition to this national
program, the Town, in cooperation with the Outer Banks Surfrider
Association, has established an Adopt -the -Beach program. This program is
very similar the North Carolina Department of Transportation's Adopt -a -
Highway cleanup program where citizens and organizations volunteer to be
' responsible for cleaning up a section of the beach.
Franchise and Commercialization
' Every year the Town receives numerous requests from individuals and
businesses to sell products or services on the oceanfront beaches. The Town
has regarded its beaches as an area which should be free of solicitations.
Specific regulations are contained in the Town Code (Section 10-94.
' Regulations for peddlers and itinerant merchants) that state, "It shall be
unlawful for any person to expose for sale, offer to sell, barter or exchange,
or sell any food, wares or articles of merchandise within any public street and
highway rights -of -way, or on the ocean beaches of the town."
Dogs
' The Town receives much comment on allowing dogs on the beach. Dogs are
allowed on the beach at any time provided the dog is restrained by a leash,
cord, or chain not exceeding ten feet in length. The dog must be under the
' control of a person who is physically able to control the animal. In addition,
all feces must be immediately removed. Burying feces in the sand or
depositing in the ocean is prohibited.
' Sand Bagging and Sand Pushing
Sand bagging and sand pushing are two activities which are allowed by the
Coastal Area Management Act to protect property along the oceanfront. Both
Land and Water Use Plan 2000 75

Chapter 7. The Beach Plan
activities require a CAMA permit. Sand bagging is considered temporary
measure to protect structure from erosion and can only be used when the
structure is "in imminent danger." Beach bulldozing is an activity in which
sand is pushed by a bulldozer from the lower parts of the beach landward to
replace sand that has been lost from the protective frontal dune. Both
activities are prohibited during the turtle nesting season (April 1 through
November 15).
Public Streets and Private Streets
Previous town development regulations have allowed for the construction of
private and public roads close to, and parallel to the Atlantic Ocean. This type
of development allowed for the construction of roads which were parallel to
the ocean and thus subject to storm damage and erosion. It also did not allow
for the relocation of structures on the same lot and sometimes off the lot
when they became threatened by erosion. In the last fifteen years several
roads or portions of roads have been lost or threatened by erosion (Altoona
Street, Surfside Drive). In addition, the eastern terminus of roads built
perpendicular to the ocean road can experience loss of road pavement as
erosion occurs (Loon Court).
In 1988, the town amended the subdivision ordinance to address the
vulnerability of roads constructed close to and parallel with the ocean. That
change only allows the construction of roads that are perpendicular to the
ocean. The town also amended the subdivision ordinance to permit only
"ocean -to -road" lots for any new subdivision of land between NC 12 or NC
1243 and the Atlantic Ocean. This change allows the opportunity for homes
built on these lots to relocate west as erosion continues. The town no longer
allows private roads.
In 1988 the town adopted two policies which directly address damage or
losses to both public and private roads. For public roads, the policy states that
prior to the expenditure of public funds for the repair or construction of Town
streets which are destroyed or damaged as a result of a severs storm event, the
Town shall conduct adequate studies and explore alternative solutions,
including but not limited to abandonment procedures, special assessments,
and condemnations.
For private streets, "It shall be a policy of the Town not to expend public
funds for the repair or reconstruction of any private road or vehicular
easement which is damaged or destroyed as a result of severe storm event,
except in conjunction with the repair and maintenance of the Town's water
system."
Personal Watercraft
Personal watercraft (PWCs) are allowed in the Atlantic Ocean. The operation
of PWCs is strictly regulated by Section 5-5, Personal Watercraft in the Town
Land and Water Use Plan 2000 76

Chapter 7. The Beach Plan
' Code. Operators of PWCs must go out 600 feet from the shoreline at a
minimum speed before they can power up to operation speed. Operators of
PWCs must observe basic safety precautions and setback standards (from
' shorelines, other boaters, and piers as outlined in the Town Code.) The
commercial rental of PWCs for ocean use is not an allowed use in any of the
oceanfront zoning districts. Many of the concerns associated with the
' commercial rental of PWCs on the Sound are not seen in the ocean. However,
the Town does receive complaints from time to time regarding the operation
of PWCs too close to the beach and swimmers or operating too close to piers.
' Ocean Ouifalls
Within the Town there are five ocean outfalls operated and maintained by
NCDOT. Maintenance of the outfalls is NC DOT responsibility and generally
consists of routine cleaning. Due to the complex nature of outfalls and
permitting requirements there is a strong possibility that there will be no new
outfalls constructed in the future. One of the most critical component of a
' functioning outfall is routine maintenance.
Food for Thought
' The challenge for the Town will be ensure that the remaining portions of the
Town are developed or redeveloped in such a way as not to diminish the
natural appeal Nags Head has for visitors and residents. In the 1996 land use
' survey, two questions were asked at the end of the survey. What do you like
best about Nags Head, and what do you like least about Nags Head? The top
three responses in each category: Best (1) Ocean, beach, sound. (2) Quiet,
' family atmosphere, and (3) Quality of life. The three least liked were: (1)
Traffic, (2) Too commercialized, and (3) Too much growth.
Goal. The goal of the Town of Nags Head is to maintain a viable beach
' strand and to provide substantial opportunity for public access
to that beach.
1. Barrier island migration
'
The Town recognizes that barrier island migration is a process where
the barrier island migrates over time toward the mainland. The Town
shall be cognizant of this process in making land use decisions that
affects development on the oceanfront and estuarine shoreline.
2. Public trust
'
It is the position of the Town is that both the wet sand beach and the
dry sand beach east of the first line of vegetation represents public
land available for public access and the Town will actively oppose
'
any action to restrict public access to and across the ocean beach.
3. Coastal Zone Management Act (CZMA) program and the Coastal Area
'
Management Act (CAMA) program
'
Land and Water Use Plan 2000 77

' The CZMA program and the state of North Carolina's CAMA
program are designed to protect the coastline and coastal resources.
The Town of Nags Head supports this principal in the CZMA and
' CAMA programs.
4. National Flood Insurance Program (NFIP)
' • The National Flood Insurance Program (NFIP) is designed to make
flood insurance available to communities who voluntarily join the
program. The Town of Nags Head shall enforce all applicable flood
' provisions in the Town's Flood Prevention Ordinance.
The Town shall continue to request from FEMA amendments to the
Flood Insurance Rate Map (F1RM's) and other regulations which will
' more accurately reflect the flood risk in Nags Head.
• The Town shall track all new flood provisions and shall consider
amendments to the Town's Flood Damage Prevention Ordinance
' when those changes benefit the Town's flood insurance policy
holders and the community at large.
• The Town shall request revisions to NFIP regulations requiring that
when properties are declared inhabitable and can not subsequently be
made habitable that they be declared a total loss for insurance
purposes.
5. Sea turtles
The Town of Nags Head supports the protection of nesting sea
'
turtles.
6. Beach nourishment
'
. The Town supports the continuing sand replacement study currently
being conducted by the US Army Corps of Engineers for the Dare
Beaches. Beach nourishment in many circumstances is a feasible and
'
practical mitigation tool. The Town supports beach nourishment
projects for the Town beaches subject to commensurate funding
appropriations from federal, state and local sources.
• The Town recognizes beach nourishment as our preferred alternative
for addressing ocean erosion impacts. However. The Town also
supports a variety of methods to abate the impacts to ocean erosion.
These include but are not limited to beach nourishment, acquisition
of threatened structures, relocation of threatened structures and the
establishment of innovative technology or designs which may be
'
considered experimental, which can be evaluated by the CRC to
determine consistency with 15A NCAC 7M .0200 and the other
general and specific use standards with the CAMA rules.
'
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Chapter 7. The Beach Plan
• The Town will support and encourage the establishment of a
statewide beach management strategy and policy along with a
dedicated funding program designed specifically for beach
restoration and nourishment projects.
• The Town recognizes that sand management is essential for keeping
beach sand within the system and that once sand has migrated to
Oregon Inlet, that sand should be returned to the beaches north of the
Inlet
7. Division of Marine Fisheries - closures
• The Division of Marine Fisheries either by proclamation or rules can
restrict by time and location commercial and recreational fishing
activities. However the Town also recognizes that conflicts can
develop from time to time among various users of the ocean beaches
and sounds. The Town shall take measures to assure that the beaches
and sounds are accessible and useable and that user conflicts when
they do occur are resolved quickly.
• The Town recognizes that commercial fishing by local fishermen
from our ocean beaches and near shore waters and sounds represents
a traditional occupation and part of the history of the Outer Banks.
The Town supports the current location, gear, and menhaden fishing
restrictions and shall lobby for changes in fishing regulations, rules
and proclamations as conditions warrant.
8. Beaches, litter, debris and routine beach cleanup
• Clean beaches are essential for our residents and visitors. The Town
of Nags Head will actively enforce our existing nuisance ordinances
and will seek assistance from the state and federal government in the
cleanup of the ocean beaches following major storms and hurricanes.
• The Town shall actively and routinely monitor and clean the ocean
beaches of litter as conditions warrant.
The Town will seek funds from the Dare County Tourist Bureau to
assist in cleanup of the beach following unforeseen events. Such
cleanup shall include, but not be limited to: beach debris and litter,
whale stranding and fish spills etc.
9. Personal watercraft (PWC)
• The town will not permit or allow the land based commercial rental
of personal watercraft for use in the Atlantic Ocean.
• The Town will strictly enforce the Town's ordinances as they relate
to the safe operation of PWC's. The Town shall monitor PWC
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Land and Water Use Plan 2000 79
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Chapter 7. The Beach Plan
activity and shall consider amending the use regulations as conditions
warrant
10. Beach user conflicts
• When user conflicts arise over use of the ocean beaches and waters,
the Town shall address the concerns of the affected users and work
toward resolving the conflicts consistent with the goals of this Land
and Water Use Plan.
11. Zoning district regulations
• The oceanfront zoning districts (R-1, R-2, CR, and SPD-C) support
the intent for their respective districts. Prior to any zoning
amendments the Town shall consider all zoning and landuse requests
in context with the Town's Mission Statement and Vision Statement
as well as relevant policies and goals in this Plan.
12. Hotels/motels
• The Town's current development requirements allow for hotels and
motels to be built on the oceanfront. The Town shall not approve any
amendment which would allow for a greater density of units, greater
height of buildings or allowing these structures in oceanfront districts
where they are not allowed now (R-1, R-2, and SPD-C).
13. Cottage courts and mobile homes
The Town's regulations for cottage courts and mobile homes are
adequate as they are now stated.
14. Single-family, size, intensity
• The primary land use desired by the Town shall be single-family
homes.
• The Town shall consider measures to reduce the impacts caused by
high occupancy vacation rentals and seasonal rentals, and
particularly, the rental of large single-family homes on neighboring
property and municipal services.
15. Historic District
• The Historic "district" is an irreplaceable resource for Nags Head and
the Town shall carefully review any land use request or amendment
for compatibility with the "district" and the "Nags Head Image"
• The Town will consider establishing an Historic District to preserve
the historic beachfront cottages only when a majority of the affected
property owners support it.
Land and Water Use Plan 2000 80

Chapter 7. The Beach Plan
16. Ocean access opportunities
• The Town shall plan and provide an adequate mix of ocean access
' facilities including regional bathhouses, neighborhood accesses and
pedestrian only accesses to the ocean to accommodate residents and
visitors.
• As the .numbers of beach goers increases the Town will seek
additional access points not only to allow more users to get to the
beach but also to serve as alternate locations for the more crowded
sections of the ocean beach.
17. Private beach access
• The Town requires and will continue to mandate that any non -
oceanfront hotel or motel shall provide private oceanfront beach
access facilities for their guests.
18. Economic issues: tourism and visitation
• The Town shall support on a limited basis activities including
parades, fishing tournaments and fireworks where the principal
benefits will be to residents, visitors and businesses within the Town.
19. Development constraints —erosion
• One of the primary development considerations and uncertainties for
oceanfront development is erosion. The abatement of the impacts to
ocean erosion includes but not is limited to beach nourishment,
' acquisition of threatened structures, relocation of threatened
structures, and the establishment of innovative technology or designs
which may be considered experimental, which can be evaluated by
' the CRC to determine consistency with 15A NCAC 7M .0200 and the
other general and specific use standards with the CAMA rules.
The Town is opposed to and will not permit hard structures such as
I
jetties, sea walls and bulkheads on the oceanfront regardless of
federal or state policies.
' 20. Development constraints -land availability
• As the amount of available vacant oceanfront land diminishes the
Town can expect redevelopment of existing sites. It is the Town's
position that the existing oceanfront development regulations
adequately address concerns such as building height and density, and
that currently allowed and permitted uses adequately represent the
' desired uses for the oceanfront.
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' Chapter 7. The Beach Plan
21. Mineral mining, gas and oil offshore exploration and production
The Town is opposed to and will vigorously oppose any offshore
commercial mining activity including gas and oil exploration or
production in the Atlantic Basin. The Town will not permit or allow
any land based uses associated with these activities.
' The Town supports a Presidential or congressional ban/moratorium
on offshore oil exploration or drilling and is opposed to any future
lease agreements to explore these resources.
' The Town supports the offshore mining or dredging of sand for
public beach nourishment and renourishment projects.
22. Water quality
• The Town realizes that water quality testing is essential in
determining if any problems or concerns exist in waters surrounding
and within the Town. The Town shall consider either establishing a
program of water quality testing or request that additional sites be
tested to ensure that a larger section of Town is routinely sampled.
The Town recognizes that when ocean beaches and estuarine areas
and waters are closed for health reasons, proper public notification of
the closures is essential for public safety. The Town will work with
' the respective regulatory agencies to develop a protocol and to ensure
that public notification is released in a timely manner after careful
monitoring has indicated that the agreed upon standards have been
exceeded
23. Public health
' The Town shall monitor and periodically review the adequacy of
existing standards for water consumption and wastewater production
and shall modify existing regulations and seek changes to existing
laws to ensure these septic systems are sized correctly and do not
represent a threat to public health.
Proper placement and maintenance of septic systems located in close
proximity or drains into the sound are essential for maintaining high
water quality standards. When septic systems fail, effluent can enter
the ocean and lead to health concerns and closures of ocean waters.
The Town supports vigorous enforcement and proper siting of septic
systems which are in close proximity to estuarine waters. If needed,
the Town shall support stronger regulations for on site -disposal
systems.
The town will study the impact of septic tanks on the ocean system
and may work to improve the performance of on -site waste systems.
Land and Water Use Plan 2000 82

1 Chapter 7. The Beach Plan
24. Commercialization and franchising of the beach
• The Town shall not permit nor allow any commercialization of the
1 ocean beaches or waters nor allow any commercial activities to occur
on the public beach.
25. Beach driving
The Town recognizes that beach driving is a privilege and shall
carefully monitor beach conditions and shall modify the beach
driving regulations as needed.
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83

Chapter 8.
Estuarine Waters and Shoreline Plan
The Albemarle -Pamlico Estuary
To the east, the Town borders the Atlantic Ocean and to the west the Roanoke
Sound. The Roanoke Sound is part of a larger body of water, the Albemarle -
Pamlico estuary which contains some 30,000 square miles of watershed. The
Albemarle -Pamlico is the second largest estuarine system in the United States
and is composed of five major river basins and seven sounds, one of which is
Roanoke Sound. Roanoke Sound is part of the Pasquotank River Basin which
encompasses 3,697 square miles of low-lying land and vast open waters and
includes all or portions of Camden, Currituck, Dare, Gates, Hyde, Pasquotank,
' Perquimans, Tyrrell, and Washington counties. A small portion of the basin
extends up into Virginia.
An estuary is a body of water where the ocean's salty water meets freshwater
' from rivers and watersheds. The Albemarle -Pamlico region includes rivers,
creeks and streams which flow into the sounds and marshes, as well as the
fields, forests, cities, and towns that surround them. An estuary provides a home
' for oysters, crabs, bay scallops, and clams as well as a spawning ground for
many varieties of fish. The estuary is a valuable asset in providing economic
opportunities to farmers, fishermen, loggers who harvest the forests and miners
who unearth minerals. The areas natural beauty attracts tourism and resort
development. All are dependent on the estuarine system for their livelihood,
and all play an important role in its continued health.
To the casual observer the Albemarle -Pamlico estuarine system appears to be in
good shape. However, as the Albemarle -Pamlico Estuarine Study (APES)
pointed out, there are signs of stress within the estuary: some streams are unfit
for fish propagation and recreation, over 20,000 acres of prime shellfish habitat
are closed because of pollution, in some areas unsafe levels of mercury and
dioxin have been found in fish tissues, and disease epidemics in fmfish, blue
' crabs, and oysters have been reported in some areas.
Nags Head Shoreline
The estuarine shoreline and adjacent waters represent a valuable resource for
the Town. While the estuarine areas share many of the same concerns and
constraints as the oceanfront, the area is different in many respects. Within the
' Town municipal limits there are approximately 11 miles of estuarine shoreline.
' Land and Water Use Plan 2000 84

Chapter 8. Estuarine Waters and Shoreline Plan
' Within our extraterritorial jurisdiction there are another 7.5 miles of shoreline
on Bodie Island and approximately 7.5 miles of estuarine shoreline along the
various islands in the sound.
' In the 1996 Citizens Questionnaire on Growth and Development, there were
several questions asked regarding the Town's estuarine areas and uses. In one
question, respondents were asked to rank the following in terms of importance:
1 preservation or acquisition of open space along the ocean beaches, preservation
of open space along the soundside shore and dunes; preservation or acquisition
of forested and vegetative areas; preservation or acquisition of open space
elsewhere in Nags Head; preservation or acquisition of wetlands; and,
preservation or acquisition of Nags Head Woods. The rankings, with one being
the highest, by all respondents were;
1.Open space ocean
2.Open space soundside
3. Forested/vegetated area
4. Wetlands
'
5. Nags Head Woods
6. Elsewhere in Nags Head
'
Regarding soundside access and recreational opportunities, respondents were
asked to rank six possibilities: The rankings, with one being the highest, by all
respondents were:
1. Swimming and wading areas
2. Nature parks and trails
'
3. Fishing/crabbing opportunities
4. Non -motorized boat access
5. Motorized boat access
6. Public windsurfing areas
When asked about commercial outdoor water -based motorized recreation, 94
percent of the respondents felt we had enough jet skis facilities or opportunities,
90 percent felt we had enough power boat facilities or opportunities and 87
percent felt we had enough parasail opportunities or facilities. For non -
motorized recreation, 57 percent of the respondents felt we had enough canoes
and kayak facilities or opportunities, 70 percent felt we had enough windsurfing
'
opportunities or facilities, and 59 percent felt that we had enough sail boat
facilities or opportunities. On a series of questions regarding personal
watercraft, 70 percent of the respondents felt that additional regulations were
needed in the sound for privately owned PWCs and 65 percent felt that
'
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' Chapter 8. Estuarine Waters and Shoreline Plan
additional regulations were needed for rental PWCs. (Note: the Town has
adopted additional regulations since this survey.) For a full discussion of these
as well as other results, please see the final report Citizens Questionnaire on
' Growth and Development.
The estuarine shoreline spans across eight zoning districts and into areas in our
' extraterritorial zoning jurisdiction. From north to south, the first area is in the
SED-80 zoning district which extends south from the northern municipal
boundary line to the Villas condominiums. Within this area there is 17,000 feet
of estuarine shoreline, most of which is marsh and not readily accessible by
land. Abutting the shoreline are 13 undeveloped lots and six residentially
developed lots. The largest area within SED-80 is the property owned by The
Nature Conservancy and the Town which has collectively 10,235 feet of
shoreline. In the SPD-20 Zoning District, The Villas condominiums have 950
feet of shoreline and Jockey's Ridge State Park has 4,800 feet of shoreline.
From Soundside Road south to The Village at Nags Head, the land is zoned R-
2. The shoreline along Soundside Road is heavily rip -rapped in the areas
adjacent to the road and is approximately 50 percent developed, primarily with
summer cottages. In Old Nags Head Cove, most of the 4,000 feet of shoreline
' has been bulkheaded. Approximately 38 of the 42 lots fronting on the sound
have been developed with a mix of permanent residences and summer cottages.
Further south, The Village at Nags Head has 6,688 feet of shoreline adjacent to
the golf course. There are no residential properties in the Village which have
direct access to the sound.
The C-2 District which abuts the sound shoreline begins just south of The
Village at Nags Head and extends approximately 700 feet to the Commercial -
Outdoor Recreational Uses Overlay District. This C-2 District, which allows
most commercial uses, has been developed residentially along the shoreline
' with five homes. At Forbes Street, the Commercial Outdoor Recreational Use
Overlay District begins and extends south on both sides of the Causeway to the
"Little Bridge." It is within this district that the Town has adopted special rules
and regulations to regulate many of the commercial outdoor recreational
activities. Within the Commercial Outdoor Overlay District there are
approximately 22,720 feet of estuarine shoreline.
On the north side of the Causeway the shoreline follows two "islands," Horse
Island (Korbach's) and Pond Island, both of which are in the low density
residential district, R-1. The property owned by the Korbach's remains
unsubdivided whereas Pond Island has fourteen developed residences and one
vacant parcel adjacent to the shoreline.
On the south side of the Causeway, the shoreline that extends from the
Washington Baum Bridge east is primarily marsh around the island owned by
Ira Spencer and is zoned primarily R-1. At the east end of the "Little Bridge,"
Land and Water Use Plan 2000 86

Chapter 8. Estuarine Waters and Shoreline Plan
the zoning changes back to the overlay zoning and then extents east 4,400 feet
to Whalebone Junction.
The Town has extended its extraterritorial zoning jurisdiction to include an area
south of the Causeway and west of NC 12 in South Nags Head. In total, there
are 7.5 miles of shoreline on Bodie Island and 7.5 miles of shoreline on several
islands in the Roanoke Sound. Most of the land on Bodie Island is part of the
Cape Hatteras National Seashore.
Development Patterns
Residential
Along the 11 miles of estuarine shoreline there are 83 single-family homes and
120 townhouses with the following breakdown: SED-80, six houses; SPD-20,
The Villas (120 Townhouses); R 2, between Soundside Road and The Village
at Nags Head, including Old Nags Head Cove, 52 houses; the C-2 area off Old
Road, five homes; four houses on the north side of the causeway, (three of
which are in the C-2 District); and 14 houses on Pond Island. On the south side
of the Causeway there are two homes.
Commercial
All the commercial development on the estuarine shoreline occurs in the
Commercial -Outdoor Recreational Uses Overlay Zone and the C-2 District
fronting on Pond Island. Within this area (5.3 miles of shoreline) there are: two
go-cart tracks, six restaurants, a motel, two mini -golf sites, and seven boat
rental operators. In addition there is one major shopping center and several
retail establishments, a gas station, a crab meat processing operation, and two
public access sites.
Islands
Within the Town's extraterritorial jurisdiction there are numerous islands most
of which are south of the Causeway. On these islands there are three "fish
camps" resembling single-family homes. These fish camps have existed on
these islands for many years and most have remained in the same family
ownership.
Estuarine Areas of Environmental Concern (AECs)
Development along, and adjacent to the estuarine shoreline is regulated by the
Town, the Coastal Area Management Act through the Division of Coastal
Management, and in some cases the US Army Corps of Engineers. Depending
upon the location and proposed impacts from the development, approval by
other addition state agencies may be required.
This AEC includes all shoreline 75 feet landward of the mean high water mark.
Estuarine shorelines can be either dry land such as areas along Soundside Road
and Old Nags Head Cove or can be represented by marsh grasses and coastal
Land and Water Use Plan 2000 87

Chapter 8. Estuarine Waters and Shoreline Plan
wetlands. Coastal wetlands and marsh areas are typically found along Nags
Head Woods and south of The Village of Nags Head and along much of the
Nags Head—Manteo Causeway. Quite often these marsh areas involve wetlands
which are regulated not only by CAMA, but also the US Army Corps of
Engineers.
Improper development along the estuarine shoreline can result in unregulated
stormwater runoff which can pollute, destroy or degrade adjacent waters and
wetlands. Bulkheads and rip -rap are common permitted to protect the shoreline
from erosion. Most structures built along or near the shoreline must elevate
those structures in accordance with FEMA regulations to protect them from
flood waters.
There are two general areas within the Town where commercial uses can abut
estuarine waters. One area extends south from of the Village at Nags Head to
the Causeway. However, the first part of this area around Lakeside Street while
zoned C-2, has developed as residential. The other area which allows
commercial uses is along portions on both sides of the Causeway.
Flood Zones (National Flood Insurance Program)
In addition to CAMA regulations, the Town is a participant in the National
Flood Insurance Program. As a participating community, in exchange for
administrating minimal development standards for new construction, additions,
and repairs in floodplains, properties in Nags Head are able to obtain flood
insurance. There are four major flood zone delineations in Nags Head, the AE
zone, V zone, the X zone and the CBRA zone. Only the AE and CBRA zones
are found along the estuarine shoreline.
AE-Zone/100 year Flood/Special Flood Hazard Area
This zone delineates those areas in the community which have an annual
probability of one percent of being flooded, i.e., areas which will be inundated
by the 100 year flood. In Nags Head, these zones are located over much of the
jurisdiction. Specifically, these areas include most of the land east of NC 12 and
'
NC 1243 and along the estuarine shoreline.
CBRA Coastal Barrier Resources Act
The Coastal Barriers resources act of 1982 designated certain portions of the
Gulf and East Coast as undeveloped coastal barriers. A portion of Nags Head
Woods owned by the Town and/or the Nature Conservancy is in a CBRA zone.
• Incipient Inlets
In any major storm or hurricane, the formation of new inlets is a possibility.
Three areas have been identified as possible sites for incipient inlets.
Land and Water Use Plan 2000 88

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Chapter 8. Estuarine Waters and Shoreline Plan
Whalebone Junction Incipient Inlet
Whalebone Junction. area was identified as a potential incipient inlet based on
several factors: maximum elevation, island width, canal dimensions, and rate of
erosion. Width and elevation of a barrier island appear to be the most important
factors. This potential Nags Head inlet identified by Lynch is a canal which
enters the island near Whalebone Junction. Lynch calls this site "extremely
hazardous," based on a composite of several of the crucial primary and
secondary factors. Drawing a straight line across the island from this canal and
placing a 425-foot erodible area (estimated width of area subject to erosion) on
each side of this line yields the Whalebone Junction incipient inlet hazard zone.
Old Nags Head Cove Incipient Inlet
A second potential inlet has been identified in the Old Nags Head Cove area.
Here finger canals have been excavated from the soundside approximately
1,000 feet perpendicular to the shoreline. This means that stormwaters from the
sound would have a clear funnel traversing the island more than halfway to the
ocean. This represents a serious inlet threat, and unfortunately is located in the
center of a large subdivision. Extending the path of the longest canal to the
Atlantic Ocean, and placing a 325-foot erodible area (estimated width of area
subject to erosion) on each side of this line, yields an identifiable hazard zone.
This is a crude delineation, as is the case with the other incipient inlets, and is
meant only to provide decision -makers with a general idea of the geographical
area of concern.
Soundside Road Incipient Inlet
A third potential inlet can be identified in the Soundside Road area just south of
Jockey's Ridge State Park. This area has been identified because of its
relatively frequent flooding. Extending the path of this road, and placing a 100-
foot erodible area (estimated width of area subject to erosion) on each side
yields an identifiable, albeit crude, hazard zone. This same area was the site of
extreme flooding and damage alongside Soundside Road (formerly Jigsaw
Road) in 1962.
US Army Corps of Engineer Wetlands
In addition to CAMA regulations the US Army Corps of Engineers regulations
also govern impacts to wetlands. There are generally two types of 404 wetlands
defined by the Corps: (1) those that are "isolated" from waters of the United
States, (2) those which are "adjacent." Adjacent wetlands can be broken down
by CAMA into two categories: tidal and non -tidal. Although regulated by the
US Army Corps of Engineers, all development in the 404 wetlands must meet
local zoning and be consistent with local Land Use Plan designations (see
Chapter 25-Land Classification System). Local zoning could limit the intensity
and types of uses allowed over 404 wetlands. As the availability of land
decreases, the Town could expect to see proposals for development over
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Chapter 8. Estuarine Waters and Shoreline Plan
wetlands. All such development would have to be on pilings and, while costly
now, this situation may become more cost effective as land becomes more
limited. There are several parcels in the C-2 zoning district on either side of
Windmill Point restaurant and Penguin Isle restaurant which contain significant
amounts of wetlands. If those areas are not developed properly, degradation of
the estuarine environment could occur.
Several years ago the US Army Corps of Engineers (COE) changed their
review process for administering wetland fill permits. The change involves the
permit application being reviewed by the Division of Coastal Management to
determine consistency with locally adopted land use plans. If the permit was
consistent with the local land use plan and other rules and regulations the
permit would be approved, if the permit was inconsistent with policies in the
Land and Water Use Plan, the permit would be denied.
The Corps of Engineers, and in some cases the Division of Coastal
Management, makes the official determination on the various types of wetlands.
On occasion, the Dare County Department of Environmental Health may
identify the presence of wetland areas when lots are evaluated for septic
permits. In addition, some environmental consultants are trained in wetland
delineation and can identify wetland types with their determination subject to
COE review and confirmation. Wetland determinations are made on a case by
case basis.
A brief description of the two types of wetlands:
Isolated waters (wetlands)
Isolated waters (wetlands) mean those non -tidal waters of the United States that
are:
1. not part of a surface tributary system to interstate or navigable waters of the
United States; and
2. not adjacent to such tributary water bodies.
Isolated wetlands can on occasion be some distance inland from the water body
or another wetland. Examples of isolated wetlands includes an area in South
Ridge Phase III subdivision (between 13th Street and Breeze Way), and a small
depression adjacent to the relocated First Colony Inn.
Adjacent wetlands
Adjacent wetlands can have either a surface or sub -surface water connection to
the larger water body. Adjacent means bordering, contiguous, or neighboring.
Wetlands separated from other waters of the United States by man-made dikes
or barriers, natural river berms, beach dunes and the like are adjacent wetlands.
Examples of adjacent wetlands include portions of the Dowdy's Speed `n'
Spray site and some areas in South Nags Head.
Land and Water Use Plan 2000 90

Chapter 8. Estuarine Waters and Shoreline Plan
'
Adjacent wetlands can be broken down into two categories: Tidal and Non -
tidal. Tidal wetlands would generally have a surface water connection to a
larger water body such as some areas close to Roanoke Sound. Non -tidal
wetlands generally do not have a direct water connection to a larger water body,
such as a few of the lots on the west side of NC 1243 near the Comfort Inn.
The COE will make a determination whether a wetland is adjacent or isolated.
The Division of Coastal Management will then make the determination if an
adjacent wetland is tidal.
G
0 Water Quality
The North Carolina Department of Environment and Natural Resources -
Division of Water Quality (DWQ) and Shellfish Sanitation Branch classify
saltwater areas in regard to the quality and safety of the water for human and
aquatic use. With the exception of three areas, all of the soundside areas in
Nags Head are rated by DWQ as SA, the highest quality for recreational uses
and aquatic organisms. The three areas in the sound which are closed to shell
fishing, are: (1) an area off Nags Head Woods near the Town's northern
municipal boundary and just downstream from the Ocean Acres sewage
treatment plant in Kill Devil Hills, (2) an area in the sound off the Villas
Condominiums where the wastewater discharge pipe is located, and (3) areas
along both sides of the Manteo—Nags Head Causeway.
In 1995, Dare County established a surface water monitoring program which
involves sampling surface waters throughout Dare County. The Dare County
Water Testing and Management Program is a coordinated effort by the Dare
County Commissioners and the Clean Water Advisory Committee to develop a
comprehensive water quality testing and management program for the surface
waters in and around Dare County. In 1996, there were five sites in Nags Head
that were being sampled, four on the sound and one on the oceanfront in South
Nags Head. These waters are sampled for turbidity, pH, total phosphates, total
dissolved phosphates, nitrate, nitrite, ammonia, chlorides, total coliform, E. coli,
and Enterococcus. With the compiling of data, the Clean Water Advisory
Committee is to develop a base line parameter which will enable the committee
the ability to look a water quality issue within specific drainage areas and use
the information to develop management plans to address the individual needs of
that area. In 1998, the Dare County Water Testing and Management Program
was replaced with a sampling program conducted by the NC Department of
Environment and Natural Resources, Division of Shellfish Sanitation Branch.
Stormwater Management
On the soundside, there are several drainage channels or outfalls extending
from US 158 to the sound. Going from north to south, these are: Soundside
Road, Danube Street and Blue Fin Canal in Old Nags Head Cove, The
Village at Nags Head outfall near Forrest Street, and outfalls at Finch,
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Chapter 8. Estuarine Waters and Shoreline Plan
Grouse, Glidden, Gull, and one at Whalebone Junction. In addition, there are
at least three outfalls (ditches) in South Nags Head leading to the sound.
The outfalls were installed to drain areas of NCDOT concern, areas of Town
concern, and areas of private concern. The outfalls are fed by a network of
connecting ditches and culverts, some of which are NCDOT facilities, some
Town facilities and some are private. North Carolina Department of
Transpiration performs maintenance of those outfalls which are their
responsibility. Maintenance generally consists of routine cleaning and debris
removal. For ditches which are under direct Town control there is a routine
maintenance program performed by the Town's Public Works Department.
Due to the complex nature of outfalls and permitting requirements there is a
strong possibility that there will be no new outfalls constructed in the future.
One of the most critical component of a functioning outfall is routine
maintenance. The Town does not have a comprehensive regulatory program
for the maintenance of private outfalls.
Public Health
Public health, safety and welfare risks may occur in the form of flooded
' septic systems and flooded streets. When septic drainfield and tanks are under
water there is always the concern that untreated sewage will enter into the
drainage system and possibly the sound.
The Town, in 1997, established a citizens' committee to investigate the impacts,
if any, resulting from the use of septic systems. This committee —the Septic
Health Committee —will be comprehensively addressing issues that are
r associated with septic systems including maintenance and operation. The
committee has established the following goal:
The Goal of the Septic Health Initiative is to reduce the need for
central sewage and improve the quality of the Town's surface and
groundwater by improving the performance of individual septic
systems used to dispose of wastewater throughout the town.
' Public Recreational Opportunities
The Town has a long history of, and commitment to, providing public access to
the estuarine waters. The estuarine system is a little different from the ocean
beaches, in that, by law the free passage of individuals on portions of the ocean
beach is allowed. In the estuarine system, property owners own land to the
' mean high water mark and the free right of passage does not generally apply to
the estuarine system, partially because there are few sandy areas or beaches.
Along the estuarine shoreline, there are four public access areas (see 5) which
provide parking and other amenities. There is one at Jockey's Ridge State Park,
one at Danube Street, and two areas on the south side of the Nags Head—
Manteo Causeway. One site on the Causeway is the Nags Head Causeway
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' Estuarine Site and Interpretive Center, and the other is a restroom, pier, and
parking facility at the "Little Bridge." In addition there are two public areas for
access to Roanoke Sound. One is a trailhead in Nags Head Woods which
' originates at the Nags Head Woods family area. The other is a narrow
pedestrian access (approximately 20 feet) off Old Street. For a full discussion,
see chapter 17, Recreation.
' . Private Recreational Opportunities
The Village at Nags Head has no estuarine access sites which provide members
parking and access to piers. The Old Nags Head Cove Property Owners
Association has a clubhouse, pool, and tennis courts on the estuarine shoreline.
The Nature Conservancy has limited public access through their headquarters to
' the estuarine areas in Nags Head Woods. The Villas condominiums maintain a
pool, estuarine access, and other recreational amenities.
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Commercial, Outdoor Recreational Uses
The Town has seen a proliferation of commercial outdoor recreational uses
along the commercially zoned areas of the Town. Over the last ten years the
popularity of watersports and boating and especially personal watercraft (jet
skis) has increased drastically. Ten years ago the town had only two personal
watercraft operators (Korbach's and one in Caribbean Corners). Today we
have seven sites with the potential to rent up to 229 watercraft. Personal
watercraft can only be rented from businesses within the Commercial -
Outdoor Recreational Uses Overlay District which is part of the C-2 General
Commercial Services District. The overlay district encompasses the area
along the sound and extends south from Forbes Street, around both sides of
the Causeway, and up to the "Little Bridge." Within this district the rental of
PWCs is a conditional use and the number of boats available for rent is
limited by the number of approved parking spaces. See chapters 17 and 22 for
a full discussion of PWCs
Water Use Planning
While most of the Town's attention has been focused on the PWC concerns,
there are other water recreational and commercial uses which occasionally
compete for the same space. Among these other water uses are: kayaks, canoes,
pleasure boats, (motor and sail), and windsurfing as well as commercial and
recreational fishing interests. With these various users of our waterways, no
single planning approach can adequately address the growing challenge of
multiple water use management. There are very few solutions on which all
water users will agree. Most parties will agree however, that more and better
planning and management are needed to ensure safe, enjoyable boating, and
non -boating waterway recreation. Multiple use waterway planning is necessary
because of the increase in recreational uses of public waterways which is driven
by the creation of new water oriented products and technological changes in
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Chapter 8. Estuarine Waters and Shoreline Plan
watercraft. An increase in traditional boating (power and sail), along with
PWCs, eco-tourism, and wildlife observation tours have put an increasing
burden on the environment and management systems to safely accommodate
these uses. Multiple use waterway planning and management is a type of
strategic planning which will: save lives, prevent injuries, protect the natural
environment, preserve and enhance the boating and water use experience,
reduce user conflicts, protect property and property values, and build a
consensus among the various waterway users on prudent use of our water
resources.
Recreational Fishing
There are several commercial boat rental operations in the Town that rent small
fishing skiffs to visitors and residents. The most productive fishing area for the
recreational angler is the area around the Causeway, the Little Bridge, the
Washington Baum Bridge, and the islands to the south of the causeway. There
are no public facilities for the launching of motorized boats in Nags Head. The
closest public ramp is on the west side of the Washington Baum Bridge.
Commercial Fishing
Commercial fishing within Nags Head and our extraterritorial jurisdiction
(ETJ) waters (which extend up to a mile into the sound) does not represent a
significant industry in Nags Head. Efforts should be made, however to ensure
that opportunities remain for this activity to continue. For the last two hundred
years, commercial fishing has been part of the culture of the area. Of the top
fifteen largest manufacturers in Dare County, ten are represented by fishing and
boat interests. There is one crab meat processing operation at the foot of the
Washington Baum Bridge.
Goal. The goal of the Town of Nags Head is to maintain and improve
estuarine water quality and natural estuarine functions while
providing water based recreational opportunities consistent with
water quality goals.
1. Shoreline
• The Town recognizes that unregulated development along the
estuarine shoreline can lead to degradation of the shoreline and the
water quality in the Sound. It shall be a Town policy that the existing
state' regulations including CAMA AEC regulations and Town
regulations adequately protect estuarine shoreline and water quality.
• The Town supports basin -wide policies that regulate upstream
activities and users to an equal or greater extent than the downstream
users and recipients of these waters.
• The Town recognizes that many of the water quality concerns in our
waters are the result of activities which occur "upstream". The Town
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Chapter 8. Estuarine Waters and Shoreline Plan
shall actively monitor all proposed rules and regulations which will
affect the water quality of the entire estuary and not just the waters
within the Town's jurisdiction and shall lobby for adequate
safeguards from "upstream" land uses.
2. Mooring fields and houseboats
' The Town shall not permit mooring fields or allow the mooring,
either on a temporary or permanent basis, of houseboats or floating
homes within the Town's jurisdiction.
' 3. Dredging and channel maintenance projects
• The Town supports public dredging projects in and around Nags
Head which are designed to provide for safer waterways and channels
providing that if the spoils are deposited in Nags Head that they be
disposed of in an environmentally safe manner and not be a nuisance
to adjacent property owners.
The Town supports dredging and channel maintenance projects and
encourages the use of sand spoils to renourish the public beach when
' spoils are compatible and can be placed in a cost effective manner.
4. Visual attractiveness
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• The Town recognizes that the Sound represents a valuable visual and
natural recreational resource which must be properly managed and
protected to maintain its attractiveness and health. The Town shall
carefully review any proposed development or zoning amendment
which may have detrimental affects upon the visual attractiveness of
the Town and the water quality of the Sound.
5. Commercial development and residential development
• Large scale commercial and residential development built without
adequate stormwater controls can lead to unregulated runoff of
stormwater into the sound. The Town's existing Drainage Ordinance
(which exceeds the minimum standards prescribed by the State) as it
is now composed addresses and regulates runoff from development
and protects the Sound's water quality.
6. Flood zones
• The Town shall continue to request from FEMA amendments to the
Flood Insurance Rate Map ( FIRM's) and other regulations which
will more accurately reflect the flood risk in Nags Head.
7. Septic tanks and public health
• Proper placement and maintenance of septic systems located in close
proximity or drains into the sound are essential for maintaining high
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'
water quality standards. When septic systems fail, effluent can enter
the sound and lead to health concerns and closures of estuarine
waters. The Town supports vigorous enforcement and proper siting of
septic systems which are in close proximity to estuarine waters. If
needed, the Town shall support stronger regulations for on site -
disposal systems.
'
The town will study the impact of septic tanks on the estuarine
system and may work to improve the performance of on -site waste
systems.
8. Public recreational opportunities
• The continued success of the Town as a tourist and vacation
destination depends in part on the continued use and expansion of
recreational uses and activities on the shoreline and in the sound. The
Town shall provide an adequate mix of recreational access sites for
residents and visitors in order that they can enjoy the estuarine
'
shoreline and water recreational opportunities.
9. Commercial outdoor recreational uses
' In 1995 the Town established the Commercial Outdoor Recreational
Use Overlay Zoning district. The purpose of this soundside district
' was to accommodate the ever-growing commercial recreational
development requests made to the Town. It shall be a policy of the
Town to periodically review the adequacy of these regulations and
' make the necessary modifications when public health, safety and
welfare issues arise.
• The Town shall not enlarge the overlay district and shall consider
' reducing the district in size or amending the uses when conflicts
develop.
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10. Water use planning
• Proper water use planning is essential to ensure that all water users
have the opportunity to safely enjoy their particular water use
activities. The Town shall periodically review the need for additional
or continued water use planning to ensure that all users have an equal
opportunity to use and enjoy the resource.
• The Town has adopted PWC regulations that promote recreational
use safety on both the ocean and sound. To augment these
regulations, the Town supports statewide legislation which
establishes minimum age limits, insurance requirements for rental
vendors, etc.
11. US Army Corps of Engineers (COE)—wetlands
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Chapter 8. Estuarine Waters and Shoreline Plan
• The Town supports vigorous enforcement of the US Army Corps of
Engineers regulations on filling of wetlands.
• The Town's policy on filling wetlands is as follows:
• Isolated wetlands.
♦ Policy: Isolated wetlands (either jurisdictional or non -
jurisdictional) located outside the Conservation (E-1 or E-2) Land
Use Classification zone can be filled and the applicant shall obtain
a COE permit if a COE permit is required.
• Adjacent wetlands. (Once referred to as contiguous wetlands)
• Policy: Tidal Adjacent wetlands. Tidal adjacent wetlands cannot be
filled.
• Policy: Non -Tidal Adjacent wetlands. Only non -tidal adjacent
wetlands which are outside an estuarine AEC and/or the Land Use
Classification E-1 and E-2 can be filled with COE approval with
the amount of fill material limited to less than 0.10 acre.
• Policy: Tear Sheet violations. The Town does not view "COE tear
sheet violations" (de facto Corps approval) as a form of approval
acceptable to the Town for the filling of wetlands.
• Policy: Wetlands can be filled for any use allowed by the Town
upon the issuance of a Minor Road Crossing Permit provided the
access is only to a principal building and there is no other practical
alternative means for accessing that building.
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Chapter 9.
Hurricane and Storm Hazard
Mitigation and Reconstruction
Introduction
Hurricanes and severe coastal storms represent serious threats to life and
property on the North Carolina coast. North Carolina is second only to Florida
in the number of hurricanes striking it's mainland. Between 1890 and the
present, North Carolina experienced 24 hurricanes, or an average of
approximately one hurricane every four years (Neumann et al., 1978.). In
addition to hurricanes, Nags Head is subject to tropical storms and northeasters,
such as the devastating Ash Wednesday storm of 1962. Hurricanes and coastal
storms create severe conditions of high winds, flooding and wave action.
Collective response to hurricanes and severe storms can be conceptualized in
terms of four primary phases: (1) pre -stone mitigation, (2) warning and
preparedness, (3) response, and (4) recovery and reconstruction. This chapter of
the plan deals with the first and last of these stages, and divides the discussion
and policy statements accordingly. Issues of hurricane preparedness and
evacuation regarding traffic and transportation in Nags Head are discussed in
Chapter 10.
Vulnerability to hurricane and storm hazards can be assessed first by analyzing
the nature and location of physical hazards, and then by estimating the extent to
which people and property are exposed to these forces. These assessments are
provided below in brief fashion. A more extensive analysis is provided in the
Town's 1984 Hurricane Hazard Mitigation and Post -Storm Reconstruction
Plan and in the update of that study -A Plan to make Nags Head, North
Carolina Less Vulnerable to the Impacts Of Natural Hazards. November 1997
(nxAFr).
Location of Storm Hazard Areas
There are two approaches to delineating areas that are vulnerable to coastal
storms. One uses proximity to the ocean; the other uses topography or elevation
of the land above mean sea level. Because both have validity, both are explored.
'
Map 2,Hazardous Areas Map depicts the high hazard areas of the Town which
includes flood zones, the 300-foot setback area from the ocean and incipient
inlets. Map 2 also delineates the ocean hazard Area of Environmental Concern
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Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
' (AEC). Also shown on Map 2 is a 75-foot estuarine shoreline AEC. This map
and the collection of data presented below are based upon the flood zones as
designated at the time this plan was prepared (Flood Insurance Rate Map Index
' [FIRM] #375356, dated March 6, 1996). Structures built before our
participation in the Flood Insurance Program are generally termed "pre -FIRM,"
whereas structures built after our regular participation in the Flood Insurance
' Program (1978) are termed post -FIRM.
• Hazardous Areas Map
300 foot Zone. Hurricane experts have argued that experience shows that the
most extensive damage from hurricanes occurs within 300 feet of the ocean.
While this is more a "rule of thumb" than a scientifically established hazard
zone, it nonetheless represents a useful guide for measuring the extent of
'
property at risk and appropriate mitigation measures. Much of the oceanfront
property east of South Virginia Dare Trail (NC 12) and South Old Oregon Inlet
'
Road (NC 1243) is within this 300-foot zone.
To determine the value of buildings within this 300-foot zone, an analysis was
performed on all property east of NC 12 and 1243. The analysis indicated that
there were 1,040 structures in this area with a value of $290,527,689 as of
January 1, 1997. Within this group of 1,040 structures, there were 214 that were
built (pre -FIRM) before the Town began to participate in the National Flood
'
Insurance Program in 1978, and may not meet flood insurance standards.
Flood Zones (National Flood Insurance Program)
'
AE-Zone
An A -zone is a special flood hazard area inundated by the 100-year flood. Base
flood elevations are not determined. The Town has one unnumbered A -zone
and that is the The Fresh Pond. Fresh pond is approximately 12 acres in area
and is owned by the Towns of Kill Devil Hills and Nags Head.
VE-Zone/Special Flood Hazard Area
'
This zone delineates areas of the Town which will be subject to substantial
wave action during a 100-year storm (technically, areas of the coast which
could be subjected to waves three feet high). The VE-Zone constitutes a stretch
'
of oceanfront from the southern to the northern borders of the Town. The VE-
zone is 628 acres in size. Within the VE-zone there are approximately 635
developed parcels on 534 acres. The total tax value for these developed parcels
was $236,887,019 as of January 1, 1997. Of the 635 structures, 293 were pre -
FIRM and built before the Town began to participate in the National Flood
Insurance Program in 1978.
'
AE-Zone/900-year Flood/Special Flood Hazard Area
This zone delineates those areas in the community which have an annual
'
probability of one percent of being flooded, i.e., areas which will be inundated
'
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Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
' by the 100-year flood. In Nags Head, these zones are located over much of the
jurisdiction. Specifically, these areas include most of the land east of NC 12 and
NC 1243 (although there are VE-zones along the frontal dunes), much of the
land between NC 12 and US 158, portions of land west of US 158 along the
estuarine shoreline, and Cedar and Pond islands. The AE flood zone is 2,158
acres in area of which 1,453 acres are developed. Development within the AE
flood zones is composed of approximately 1,429 structures, with a tax value of
$254,964,860 as of January 1, 1997. Of these 1,429 structures, 489 structures
had a tax value $166,201,000 and were built prior to the Town's participation in
' the National Flood Insurance Program.
X-Zone/Areas of Minimal Flooding
'
These are areas where flooding is unlikely and are outside the 500-year
floodplain. These are areas of relatively high elevation and extend from
Jockey's Ridge north and west of South Croatan Highway (US 158), to the
'
Town's northern boundary. The X-zone is approximately 1,592 acres in size
with a tax value of $185,711,000 for developed property.
CBRA Coastal Barrier Resources Act
'
The Coastal Barriers Resources Act of 1982 designated certain portions of the
Gulf and East Coast as undeveloped coastal barriers. A portion of Nags Head
Woods is in a CBRA zone.
'
. Incipient Inlets
Whalebone Junction Incipient Inlet
'
In any major storm or hurricane, the formation of new inlets is a possibility.
While the prediction of inlet formation and their precise location is highly
uncertain, particular physical features can be used to identify likely sites
(Lynch, 1983). In an analysis of potential inlets on the North Carolina coast, the
'
Whalebone Junction area was identified based on several factors: maximum
elevation, island width, canal dimensions, and rate of erosion. Width and
'
elevation of a barrier island appear to be the most important factors.
The potential Nags Head inlet identified by Lynch is a canal which enters the
island near Whalebone Junction. Lynch calls this site "extremely hazardous,"
'
based on a composite of several of the crucial primary and secondary factors.
Drawing a straight line across the island from this canal and placing a 425-foot
erodible area (estimated width of area subject to erosion) on each side of this
'
line yields the Whalebone Junction incipient inlet hazard zone.
Although not identified by Lynch, local experience (see Brower, Collins, and
Beatley, 1984) indicates that there are two other areas (Soundside Road and Old
Nags Head Cove) that should be considered for inlet formation.
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Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
' Old Nags Head Cove Incipient Inlet
A second potential inlet has been identified in the Old Nags Head Cove area.
Here finger canals have been excavated from the soundside approximately
' 1,000 feet perpendicular to the shoreline. This means that stormwaters from the
sound would have a clear funnel traversing the island more than halfway to the
ocean. This represents a serious inlet threat, and unfortunately is located in the
' center of a large subdivision. Extending the path of the longest canal to the
Atlantic Ocean, and placing a 325-foot erodible area (estimated width of area
subject to erosion) on each side of this line, yields an identifiable hazard zone.
This is a crude delineation, as is the case with the other incipient inlets, and is
meant only to provide decision makers with a general idea of the geographical
area of concern.
' Soundside Road Incipient Inlet
A third potential inlet can be identified in the Soundside Road area just south of
' Jockey's Ridge State Park. This area has been identified because of its
relatively frequent flooding. Extending the path of this road, and placing a 100-
foot erodible area (estimated width of area subject to erosion) on each side
yields an identifiable, albeit crude, hazard zone. This same area was the site of
extreme flooding and damage alongside Soundside Road (formerly Jigsaw
Road) in 1962.
Within these three incipient inlets, there are approximately 117 structures
located representing a tax value (as of January 1, 1997) of $30,679,000.Of this
number, 67 structures with a tax value of $18,698,000 represent pre -FIRM
' buildings.
• Nags Head Vulnerability and Magnitude of Risk
For the Land Use Plan update, David Brower, Professor with the University
of North Carolina at Chapel Hill, with a grant from the Division of Coastal
Management developed a Model Mitigation Plan for Nags Head. As part of
the vulnerability analysis he developed a geographic information system
(GIS) application tailored to Nags Head for vulnerability and hazard
assessment. Geographic information systems are computer programs which
let you visualize geographic information that depicts relationships, patterns,
' and trends. In 1984, Brower performed a similar hazard analysis (not with
GIS) for the Town. After creating the GIS application and necessary
databases the GIS system can visually portray the vulnerability of Nags Head
' to natural hazards. The data can be restructured in the form of charts and
tables to summarize the potential dollar losses that Nags Head could
experience in the event of a natural hazard of various dimensions. For a
' complete account of the Model Mitigation Plan and the hazard assessment
and mitigation project, see the report entitled Natural Hazards Mitigation
Plan, Town of Nags Head, November 1997 (draft).
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Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
What follows is a summary from that report highlighting the most pertinent
information in the Town's vulnerability. Note that this analysis is in terms of
tax values as determined by Dare County and not the market value of these
properties, which would be considerably higher.
Analysis shows that 59 percent of all structures in Nags Head (an
aggregate tax value of $400,639,079) are vulnerable to a Category 1
hurricane, and 83 percent of all structures (an aggregate tax value of
$568,944,769) are likely to be impacted during a Category 3 hurricane.
• Analysis also indicates that 42 percent of all developed property in Nags
Head (total tax value $290,527,689) lies within the 300-Foot Zone, while
4.5 percent (total tax value $30,679,090) is vulnerable to incipient inlets.
' Property within the VE flood zone is valued at $236,887,019, and
property within the AE flood zone is valued at 254,964,860.
• The vulnerability of vacant areas (which make up 28 percent of the total
' acreage of Nags Head) is also significant. Of all vacant land in Nags
Head, 48 percent, or 487.74 acres, is vulnerable to Category 1 hurricanes,
while 89 percent, or 912.18 acres would be impacted during a Category 3
' hurricane. Of Nags Head's vacant land, ten percent (100.75 acres) is
within is within the 300-Foot Zone, and three percent, or 28.85 acres is
subject to incipient inlets. Nine percent (94.57 acres) of all vacant land
falls in the VE flood zone, and 69 percent (704.38 acres) within the AE
flood zone.
• Approximately 70 percent of the tax value of structures in the Town were
' built after the Town began to participate in the National Flood Insurance
Program in 1978. Structures built before 1978, did not need to meet any
base flood requirements and thus may be more susceptible to flood
damage.
' In 1988 the Town adopted a comprehensive Hurricane and Storm Mitigation
and Reconstruction Plan. Prior to developing the 1988 Plan, Brower in 1984
conducted an extensive estimation of the property -at -risk in each of the hazard
zones. Several comparisons can be made between the two plans -thirteen years
apart.
' . In 1984, within the 300-foot zone there was $53,317,000 (assessed
valuation in 1984 dollars) of buildings that were at -risk. In the 1996 follow-
up study, this value has increased to$290,527,000.
In the 1984 study, 40 percent of the Town's assessed value of real property
was within 300 feet of the ocean. The 1996 study found that 42 percent of
' the property was within 300 feet of the ocean.
In the 1984 study, the value of structures in incipient inlet areas was
$1,726,600. In 1996, that value was $30,679,090.
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' Elements of the adopted 1988 Hurricane and Storm Mitigation and
Reconstruction Plan include: (1) a Reconstruction Task Force composed of 13
individuals, (2) provisions for various moratoria, (3) an ordinance establishing
general use standards for ocean hazard areas, and (4) a variety of other
ordinance provisions related to reconstruction. Full description of this plan can
be found in the Town Code of Ordinances (Chapter 16). In addition, the Town
has adopted several policies which address reconstruction of damaged roads
and property acquisition after a hurricane or storm and are found in the Town's
policy book.
' . Strategies for Shoreline Protection
Beach Nourishment
' Barrier islands have a dynamic and ever -changing environment. Barrier
islands have been shown to migrate, and are subject to a complex and
numerous set of natural forces, e.g., overwash processes, littoral drift, inlet
formation, dune and beach dynamics. They are further modified by storms
and hurricanes. Coastal erosion, as a result of normal offshore littoral
patterns, the occurrence of hurricanes and storms, and the general sea level
' rise which has been occurring (Titus, 1985), make development along the
shores of barrier islands particularly tenuous.
In other localities, problems have arisen by allowing the construction of
immovable buildings along the ocean shore, necessitating the expenditure of
public funds to protect these structures when natural forces threaten them.
Several methods have been used to stabilize the ocean beach. Primary among
them are: (1) sand moving programs, e.g., beach nourishment, sand pushing;
(2) sand trapping structures, e.g., groins, jetties; and artificial reefs, and (3)
shoreline protection works, e.g., bulkheads, seawalls, revetments.
Beach nourishment programs involve efforts to push or place sand onto the
beach in an attempt to build back former dunes and upper beach. Beach
nourishment projects are typically expensive and the results are temporary
' and often require continual nourishment. A single northeaster may eliminate
much of the sand deposited under a nourishment program. Beach nourishment
programs, however, represent efforts to preserve oceanfront property without
' damaging neighboring property or destroying the public's use of the beach.
Groins and jetties are structures built perpendicular to the shoreline. Jetties
are often very long and intended to keep sand from filling in inlets and
' shipping channels. Groins are smaller and attempt to trap sand flowing in the
littoral current. Such structures are expensive, unsightly and cause extensive
erosion problems down -current, as they rob these beach areas of the natural
' sand replenishment they would normally receive.
Shoreline protection works, such as seawalls and revetments, are built
' parallel to the coastline and are designed to shield directly shoreline property
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from the ocean forces. The City of Galveston, Texas, for instance, has
constructed a 17-foot high seawall, which protects its urban area. Such
structures, however, reflect wave action, and intensify currents which steepen
the profile of the beach and damage the property beyond the ends of the
structure. (In the long run these structures serve to destroy or seriously
undermine the beach, require continual maintenance and investment, and are
largely ineffective in protecting property from shoreline processes without
perpetual nourishment of the beach seaward of the hardened shoreline, and
the portion of the beach available to the public would soon erode away.)
Moreover, these structures are extremely costly to build. The Coastal
Resources Commission, recognizing the inappropriateness of shore -hardening
devices such as wooden bulkheads, seawalls, rock or rubble revetments,
jetties, groins and breakwaters, has prohibited their use on North Carolina
ocean beaches.
On the oceanfront several actions can result in the destruction or removal of
homes. Houses can be destroyed by storms or erosion or they can be relocated
either on the same lot or off the lot. Tracking the fate of oceanfront houses
can be problematic. If the house is moved either on the same lot or off the lot
the Town will issue a permit. If the house is condemned (for lack of septic or
building code problems) the Town will also issue a permit for its removal. If
the house is destroyed and in shambles on the beach it is generally too late to
issue a permit. Town records reveal that there have been approximately 96
houses moved from the oceanfront or demolished from 1987 through 1996,
44 houses relocated on the same lot, and 56 properties listed as "washouts"
on the Dare County tax listing. A "washout" represents a property where the
building no longer exists and in all likelihood was destroyed by a storm or
erosion. Most of the above building permit activity for homes destroyed,
washouts, or relocated structures have occurred in South Nags Head.
In the 1996 Land Use Survey respondents were asked to rank six beach
erosion abatement measures. Among all respondents, artificial reefs ranked
first and beach bulldozing ranked second, followed by beach nourishment,
retreat, public acquisition of property and finally, relocation.
Respondents were also asked if they would agree to pay higher taxes for
various abatement measures. For artificial reefs (offshore and submerged),
66.7 percent of the respondents would agree to pay higher taxes. The next
was beach bulldozing with 57.6 percent of the respondents agreeing to pay
higher taxes, followed by nourishment with 55.3 percent of the respondents
agreeing to pay higher taxes. The least agreeable abatement measure was
relocation assistance with 21 percent of the respondents agreeing to pay
higher taxes.
Since 1989, the US Army Corps of Engineers has been conducting studies to
determine the feasibility of constructing a federal Hurricane and Storm
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Damage Prevention Berm on portions of the northern beaches of Dare
County.
These studies have: (1) determined the value of land development along the
oceanfront, (2) the cost of constructing such a project, (3) the supply of
recoverable, compatible sand available, and (4) the benefit cost ratio between
berm construction costs and the value of the oceanfront and the near ocean
structures that would be protected by such a berm.
Three sections of the northern beaches have been identified as meeting the
standards for federal appropriations. One section begins in Kill Devil Hill and
'
extends 0.72 miles south past Eight Street to the area around Admiral Street
(Ocean Veranda) and the other section is from Nags Head Inn (4700 block of
Virginia Dare Trail) south approximately 3.75 miles to Harvest Street (8500
'
block South Old Oregon Inlet Road). The preliminary construction costs are
approximately 30 to 32 million dollars for the entire 10-mile project of beach
nourishment. Previous nourishment projects have been funded 65 percent by
the federal government, with the remaining 35 percent coming from state and
local sources. The federal beach nourishment study target completion date for
the study report is February 1999.
'
Goal. The goal of the Town of Nags Head is to reduce to the extent
possible, damage to life and property from hurricanes and
'
severe coastal storms. It is the Town's intent to reduce these
hazards in advance of such events and to require mitigation
measures during reconstruction which reduce damages from
future storms.
r1.
Dunes
• The oceanfront dunes represent the first line of defense in protecting
property and lives from the affects of the ocean. Maintenance and
'
preservation of these dunes are important for the welfare of the Town
and its citizens and visitors. The Town supports the CAMA rules in
'
oceanfront development.
2. Mitigation programs
• Mitigation represents a proactive approach to reducing the
vulnerability of risk to properties in the Town. The Town will
investigate innovative programs and seek funds for mitigation
activities that support the growth management policies of the Town.
3. Post -storm mitigation
Following a severe storm the Town shall consider purchasing land in
'
damage prone areas.
'
Land and Water Use Plan 2000 105

Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
'
Following a severe hurricane or storm all rebuilding shall be in
compliance with the adopted zoning ordinance and Land
Classification Map.
4.
Building Code.
• The Town will support the adoption of more stringent building codes
'
for coastal high hazard areas.
5.
Building inspectors
• The Town shall support the continual education and training of the
Town's Building Inspectors in inspections and mitigation activities.
6.
Recovery and response
• On issues of mutual concern, the Town shall coordinate recovery and
post storm response activities with Dare County, The State of North
Carolina, and the Federal government.
Flood Insurance Program
7.
National
. The Town of Nags Head supports in concept the flood provisions
promulgated by the Federal Emergency Agency through the National
Flood Insurance Program and shall continue to enforce the Town's
Flood Damage Prevention Ordinance.
'
. The Town supports the Community Rating System (CRS) Program
and will actively seek additional activities to increase the Town's
'
CRS rating.
8.
Flood map and flood zones
• The Town supports new studies by FEMA and others which will lead
to a new set of Flood Insurance Rate Maps ( FIRMS) which are more
accurate and which reflect the actual or potential flood conditions.
The revised maps should also take into account the annual effects of
erosion.
9.
Beach nourishment
• The Town supports the continuing sand replacement study currently
being conducted by the US Army Corps of Engineers for the Dare
Beaches. Beach nourishment in many circumstances is a feasible and
practical mitigation tool. The Town supports beach nourishment
projects for the Town beaches subject to commensurate funding
appropriations from federal, state and local sources. .
• The Town recognizes beach nourishment as our preferred alternative
for addressing ocean erosion impacts, however, the Town does
supports a variety of other methods to abate the impacts to ocean
Land and Water Use Plan 2000
106

Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
'
erosion. These include, but are not limited to, acquisition of
threatened structures, relocation of threatened structures and the
establishment of innovative technology or designs which may be
'
considered experimental, which can be evaluated by the CRC to
determine consistency with 15A NCAC 7M .0200 and the other
general and specific use standards with the CAMA rules.
'
The Town will support and encourage the establishment of a
statewide beach management strategy and policy along with a
dedicated funding program designed specifically for beach
restoration and nourishment projects.
10. Relocation
'
Relocation of threatened structures is a viable option in protecting
these structures from the damaging effects of storms and erosion. The
Town may seek funds and consider changes to the Town's adopted
'
Flood Damage Prevention Ordinance which will assist property
owners in relocating threatened structures.
11. Sandbags
• The Town supports the CAMA and COE rules as they relate to
placement of sandbags on the oceanfront to temporarily protect
' structures but also supports an extended period of time for sandbags
to remain in place for those communities that are currently under a
COE nourishment study effort.
12. Beach bulldozing
• Beach bulldozing represents a temporary protection measure. The
Town supports this activity when it complies with state rules.
13. Hard structures on the oceanfront
• Groins, jetties, revetments and sea walls and similar hard structures
'
when placed on the ocean beach, interfere with the natural movement
of sand and the public's right and access to the beach. The Town is
opposed to hardening of the ocean beach.
'
14. Post storm recovery
• For post storm recovery the Town shall follow the adopted policies
and regulations contained in the Town Code -Chapter 14 Storm
'
Reconstruction.
15. Rebuilding of town's infrastructure
'
In the event that Town infrastructure such as water lines and public
roads are destroyed, it shall be a Town policy that infrastructure shall
'
be built back to the established Town standards if it can be
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Chapter 9. Hurricane and Storm Hazard Mitigation and Reconstruction
demonstrated that there is a reasonable benefit that can be derived
from these restored improvements.
The Town shall take a proactive approach for planning for those
Town streets which may be lost as a result of erosion.
16. Density of redevelopment
• Redevelopment shall be consistent with existing development that
was in place before the storm event as well as the redevelopment
patterns contained in the Land Classification Map and the zoning
ordinance.
• As the amount of available vacant oceanfront land diminishes the
Town can expect redevelopment of existing sites. It is the Town's
position that the existing oceanfront development regulations
adequately address concerns such as building height and density, and
that currently allowed and permitted uses adequately represent the
desired uses for the oceanfront.
17. Dare County Control Group
• The Town shall continue to be an active member in the Dare County
Control Group in emergency situations.
18. Critical facilities
• The Town shall require Hurricane Evacuation plans from
sensitive, vulnerable and critical facilities likely to contain
occupants who may not be sufficiently mobile to avoid death or
injury during a flood or hurricane, including, but not limited to:
hospitals, nursing homes, police stations and fire stations.
• The Town shall consider higher flood regulatory standards for:
vehicle and equipment storage areas, structures or facilities that
produce, use or store highly volatile, flammable, explosive, toxic
and or water -reactive materials that may cause environmental
problems if flooded or destroyed.
Land and Water Use Plan 2000 108

C
1,
Chapter 10.
Traffic and Transportation
Introduction
As the permanent and seasonal populations of Nags Head expand, and the
commercial areas which serve them increase in size, traffic and congestion on
Town streets will become an increasingly important concern. In addition to
local traffic, as the Dare beach communities grow, Nags Head will receive
substantial increases in through -traffic. Two specific traffic problems can be
identified: the capacity of the Town's road and bridge system to accommodate
evacuation in the event of a hurricane or a severe coastal storm, and the ability
of South Croatan Highway (US 158) and US 64/264, and to a lesser extent
South Virginia Dare Trail (NC 12), to move traffic efficiently and safely from
the Whalebone Junction area to either the Kitty Hawk area or Roanoke Island.
The existing transportation system consists of two primary roads running
parallel with the Atlantic Ocean. These two roads have several names. NC 12,
which is closest to the ocean is also known as South Virginia Dare Trail and as
the "Beach Road." US 158, generally runs down the center of Town is also
known as South Croatan Highway and formerly as the `Bypass." In addition to
these two state maintained roads, there are numerous Town roads which run in
an east -west configuration connecting these two major roads. In South Nags
Head, south of Whalebone junction, NC 1243 (South Old Oregon Inlet Road) is
a state road and is the only major road within Nags Head serving this area.
• Transportation Improvements
Improvements to US 158 and NC 12 since 1985 include the widening of US
158 to four lanes, and repaving and adding a paved area alongside the drive
lanes on NC 12. Additional local improvements over the last ten years have
included the replacement of the Washington Baum Bridge and the "Little
Bridge" and completion of a parallel Wright Memorial Bridge in Kitty Hawk
and Southern Shores. Anticipated projects for the Outer Banks include a mid
Currituck County Bridge and the relocation of US 64-264 around Manteo and
the improvement of US 64-264 outside of Nags Head to a four -lane road. While
many of the problems getting to the Outer Banks especially from Virginia have
been reduced by the improvement projects to US 158 and US 168 in Currituck
County summer traffic is still very much a concern.
Land and Water Use Plan 2000 109

' Chapter 10. Traffic and Transportation
' The NC Department of Transportation has completed a Thoroughfare Plan for
the Outer Banks. The plan suggests improvements to US 158 and offers other
suggestions for improving traffic flow in Nags Head and the Outer Banks. On
April 15, 1998, the Nags Head Board of Commissioners adopted a resolution
accepting the Thoroughfare Plan. Some of the major recommendations of that
study are:
' ° Widening of US 158 to include additional travel lanes. The recommended
proposed road cross sections could be a combination of. (1) seven lanes, (2)
six lanes divided with possible grassed medians, or (3) a combination of the
' two.
° Improve NC 12 with by an additional three feet of pavement on both sides
t of NC 12.
° Where there is a currently a third turn lane on NC 12, the interconnecting
road to US 158 should be widened to three lanes.
' ° Gull Street and Lakeside Street should be three lanes from NC 12 to US
158. A signal should be placed at Gull Street to address access to the
' Soundings Shopping Center.
° A three -lane configuration for Mall Drive (completed), Danube Street,
Deering Street, Hollowell Street, and an extension of Villa Dunes Drive*
' from US 158 to NC 12. Three lanes are also recommended for Bladen
Street, Barnes Street, an extension of West Satterfield Landing Road* to
NC 12, and Eighth Street between US 158 and NC 12.
' ° A "flyover" at Whalebone Junction.
* Some of the three -lane sections mentioned above will require the acquisition
' of private property for rights of ways.
The Outer Banks Thoroughfare Plan bases most of the future traffic projections
on the assumption that the mid -county bridge in Currituck, connecting the
' mainland to Corolla, will be built by the end of the planning period (2010).
For the 1996 Land Use Questionnaire on Growth and Development, citizens
were asked about their opinions on traffic and transportation as well as what
they liked least about Nags Head. These questions were both open-ended
questions in that the respondent was free to answer it any way they wished.
"Traffic" was the most common answer for what they liked least (280
respondents out of 1,085 responses to that question). On another traffic related
questions, 85 percent of the respondents felt that the Town should limit the
number of new driveways and streets entering US 158. While it may be
desirable to limit access to US 158, NCDOT is very reluctant to prohibit access,
and in many cases, US 158 is the only road on which the lot has public right-
of-way.
Land and Water Use Plan 2000 110

F
Chapter 10. Traffic and Transportation
Hurricane Evacuation
Coordinated evacuation planning efforts between municipalities, counties, and
state and federal officials will facilitate an evacuation process. The Town is a
participant in the Dare County Hurricane Evacuation Plan. The decision to
evacuate is made by a Control Group comprised of members of each
municipality, the National Park Service, various state agencies and the county.
The control group utilizes various computer models and a "decision arc"
method to determine when an evacuation is needed. The decision arc method
and the computer models are useful tools in attempting to determine when to
evacuate and the evacuation "clearance time." Evacuation clearance time is the
time required to clear the roadways of all evacuating vehicles prior to the arrival
of sustained 34-knot winds. Clearance time needed for evacuation is based on:
(1) the hurricane category; (2) the expected evacuee response rate; (3) the
tourist occupancy rate; (4) the evacuation routes available; and (5) the estimated
time required along the routes. As Dare and Currituck County areas continue to
grow, hurricane evacuation should be constantly addressed.
Traffic Congestion
' Compounding evacuation problems, and creating congestion and traffic
demands generally, are development patterns along South Croatan Highway
(US 158). Although the Department of Transportation has widened South
Croatan Highway (US 158) to four lanes, its ability to accommodate traffic in
an expeditious manner is threatened by the existence of strip commercial
development, and numerous and frequent access points and traffic lights.
During the development of the Outer Banks Thoroughfare Plan, traffic counts
were make on selected roadways. The average (1988) daily traffic volume on
US 158 from Eighth Street to Whalebone Junction was reported to be 18,300
vehicles per day. According to NCDOT the practical capacity for this section of
US 158 to carry traffic is 28,000 vehicles a day. DOT estimates that by the year
2010, the average daily traffic will be 48,000. A traffic count made in 1995
indicated a count of 19,800 vehicles a day on the Causeway (US 64-264) and a
count of 33,200 on US 158 near Ocean Bay Boulevard in Kill Devil Hills. The
practical capacity on this section in Kill Devil Hills is 28,000 vehicles per day.
The count on NC 12, at Ocean Bay Boulevard was 7,400 vehicles per day with
a practical capacity of 10,500.
Sidewalks, Multi -Use Pedestrian Paths, and Bike Paths
In an attempt to facilitate other than vehicular access to the beach, the Town
over the last five years has constructed sidewalks along Eight Street, Barnes,
Bonnett and Bladen Streets and a sand -clay path that connects Old Nags Head
Cove to the Enterprise Street Access. Shorter sidewalks exist at Mall Drive,
Seachase and Baymeadow Drive. Several years ago the Town constructed a
Land and Water Use Plan 2000 i l l
I

1
Chapter 10. Traffic and Transportation
multi -use pedestrian path (4.75 mile) parallel to NC 1243 from Whalebone
Junction to the southern Town boundary. In addition, the Town in late 1997
completed a sidewalk along Danube Street stretching from Roanoke Sound to
'
the Small Street Beach Access site.
In the NC -DOT Thoroughfare Plan, one of the major recommendations is to
widen NC 12 with three feet of pavement on each side of the roadway.
'
Respondents to the 1996 Land Use Plan Survey were asked about the need for
bikeways and sidewalks. Opinion was somewhat consistent on this issue, with
74 percent indicating a need for bikeways and sidewalks and 64 percent willing
to pay higher taxes to finance such improvements. See Chapter 12, Recreation,
for additional discussion of bikeways and pedestrian facilities.
'
. Alternate Forms of Transportation
As the Town and the entire Outer Banks continue to grow, the need for other
forms of transportation such as a "beach bus" and public transportation to
'
mainland Dare as well as other counties may materialize. Currently there are
few forms of public transportation other than private taxis. During the tourist
season many workers travel from the outlying communities to the Outer Banks.
'
It is not uncommon for people to travel daily from as far as Elizabeth City to the
Outer Banks for employment. Public transportation may help to alleviate
transportation concerns for the work force who do not live in the Town or Dare
'
County.
Goal. The goal of the Town of Nags Head is to provide a street and
bridge system that allows efficient and safe movement of
'
vehicles to and within the Town which also permits quick
evacuation of all residents and visitors when necessary. It shall
also be a goal of the town to encourage pedestrian and non -
motorized transportation.
1. Improvements within the Town
• The Town shall consider improving existing unimproved Town
'
streets only when a need has been demonstrated.
• The Town does not favor improving those cross streets which have
'
been identified by NCDOT in the Thoroughfare Plan connecting NC
12 and US 158 until a need has been demonstrated.
• During the subdivision process the Town shall require a wider right
'
of way and greater construction standard to proposed town streets
when it can be demonstrated that the proposed street may be required
to accept local traffic from other nearby streets which may be
damaged or threatened or closed by natural events.
• The Town will evaluate all future development for its impact on
'
traffic congestion and manage this development so as to minimize its
'
Land and Water Use Plan 2000 112

I
Chapter 10. Traffic and Transportation
impact on traffic. More specifically, the Town encourages
development to exit on side streets rather than South Croatan
Highway.
'
2. Improvements getting to the Town, traffic congestion
The Town will lobby NCDOT for the necessary road improvements
'
in getting people to the town.
The Town will petition and work with NCDOT to find ways to
reduce the traffic congestion within the Town on US 158.
'
. The Town will lobby NCDOT when the need has been demonstrated
for improvements to reduce congestion and increase efficiency on NC
'
12 and US 158. Such improvements including, but not limited to
medians, signal coordination, new signals or the removal of existing
signals.
'
3. US 158 improvements and configuration
The Town shall investigate innovative methods and programs
designed to reduce the need for and the numbers of vehicles within
'
the Town.
• To improve air quality and prevent its deterioration due to
'
automobile emissions the Town shall seek innovative methods to
reduce the need for and number of vehicles within the Town.
• The Town supports a "flyover" design at the Whalebone Junction
'
intersection.
4. Hurricane evacuation
The Town will lobby NCDOT for highway improvements which will
'
allow for safe and efficient movement of traffic out of Town in the
event of a mandatory evacuation.
'
5. Sidewalks
• The Town will lobby and work with NCDOT for construction of a
detached multi use path along the east side NC 12. The Town will
'
cooperate with NC DOT and other municipalities in developing a
coordinated Pedestrian Multi -use path on the Outer Banks.
• The Town will plan and install these sidewalk improvements to
'
correspond with existing and proposed NCDOT's signalization plan.
• The Town will continue to install sidewalks within Town right-of-
ways to facilitate pedestrian traffic and movement to recreational
sites and amenities and other areas which generate pedestrian traffic
when the need is demonstrated.
Land and Water Use Plan 2000 113

1 Chapter 10. Traffic and Transportation
• The Town shall consider requiring the install sidewalks and other
pedestrian facilities as part of the required infrastructure and
improvements for new subdivisions.
'
6. Nags Head pedestrian transportation system
• The Town places a high value on and encourages the use of
alternative means of transportation including bicycles. The Town will
'
continue to implement its adopted Nags Head Pedestrian
Transportation System Plan and will seek sources of funds for
'
improvements for that Plan.
7. Thoroughfare Plan
'
• The Town conceptually accepts the Outer Banks Thoroughfare Plan
dated March 1996.
8. Bus service and public transportation
• The Town supports a regional or local transit system as a form of
public transportation to move visitors and workers not only within the
Town but also to and from the Town from outlying areas.
'
9. Intergovernmental cooperation
• The Town shall actively seek cooperation with other units of
'
government to address common traffic and pedestrian problems and
improvements
10. Street lighting
'
• The Town will consider using streetlights to address specific safety
issues. The Town does not desire to light the entire length of US 158
and the Town is very cognizant of negative affects of ambient light
reflected into the night sky.
I
Land and Water Use Plan 2000 114

F
C
Chapter 11.
Wastewater Disposal
Introduction
As population and development continue to grow in Nags Head, the need for
increased sewage disposal capacity will increase as well. Currently the
predominant method of sewage treatment for low -density development in Nags
Head is the use of septic tanks. For some higher density projects in the Town,
several package treatment plants have been built to accommodate this need. It is
likely that the Town will continue to rely on on -site septic systems as the
primary means of treatment, along with package plants for higher density uses.
Based on several EPA studies the Town presently does not view the installation
of a public sewage system as either economically sound or consistent with
desired levels of density.
In 1984, the Town participated in a carrying capacity analysis to determine the
amount of development a given geographic area can absorb without
significantly damaging the environment or endangering the public health, safety
and welfare of the citizens. Regarding the use of on -site septic systems, the
report concluded that the soils in Nags Head are generally unfavorable for the
use of septic systems. The report further states that, "The Town already far
exceeds the capacity of the soils to treat wastewater through on -site septic
systems without representing a threat to environmental quality and the risk to
Public health." For the full report, see Brower, et al. 1984.
There are generally two categories of sources of pollution: "point" source and
"non -point" source. Point source pollution is that pollution where there is a
defined source, such as a pipe or ditch which empties into a body of water.
With non -point sources of pollution the actual source can not be verified, such
as a pollutant that travels through the soils or groundwater to a surface water
body. Septic systems, when not properly sited or maintained, have often been
suspected as being non -point source of pollution. Currently in the town there is
one wastewater treatment plant —the Villas —which discharges treated effluent
into Roanoke Sound. There are 120 dwelling units on that system.
The NC Department of Environment and Natural Resources -Division of Water
Quality (DWQ) and Shellfish Sanitation Branch classifies salt -water areas in
regard to the quality and safety of the water for human and aquatic use. With
the exception of three areas, all of the soundside areas in Nags Head are rated
Land and Water Use Plan 2000 115
0

Chapter 11. Wastewater Disposal
t by DWQ as SA, the highest quality for recreational uses and aquatic organisms.
The three areas in the sound which are closed to shellfishing and not SA are: (1)
an area off Nags Head Woods near the Town's northern municipal boundary
' and just downstream from the Ocean Acres sewage treatment plant in Kill
Devil Hills, (2) an area in Roanoke Sound off the Villas Condominiums where
the wastewater discharge pipe is located, and (3) areas along both sides of the
I
Manteo-Nags Head Causeway.
Septic Systems
' A septic tank is basically a detention tank in which some of the solids settle out
of the wastewater and undergo anaerobic digestion in the tank. The wastewater
moves by gravity out of the tank to a system of tiles or pipes in subsurface
' trenches, (the drainfield) where treatment by bacteria in the soil is followed by
absorption of the wastewater into the soil.
' A properly functioning system relies upon the soil to absorb and adequately
treat all wastewater generated from a site. All soils, however, are not suitable
for septic tanks as they may not allow wastewater to drain through the soil or
they may allow wastewater to pass to the groundwater too quickly, hence,
without adequate treatment.
The advantages of disposal by septic systems are the uses of natural aeration
' and filtration to treat wastewater. They are close to the source of the
wastewater, and are cost-effective. The disadvantages and limitations of the use
of septic systems are that, if they are not properly maintained, are used
' incorrectly, or placed too close to the Roanoke Sound it may lead to
degradation of water quality.
Currently there are 5,080 dwelling units and hotel units in the Town. Of that
' number, 4,360 or 86 percent of the existing dwelling units in the Town of Nags
Head, are using septic tanks. The potential contamination of water is a function
of several factors, including soil suitability, depth to the water table, and
proximity to surface waters. Soils on the Outer Banks are generally unsuitable
for septic systems. Under Soil Conservation Service (SCS) criteria most soil in
Nags Head is classified as having severe or very severe limitations to septic
' tank use. Evaluations of soils following to State Health Department criteria
differ substantially from the SCS criteria, and generally indicate that soils are
not as unsuitable for septic tank usage as the SCS criteria would indicate. This
' discrepancy results from the fact that State regulations do not address soil
permeability as a factor in soil suitability for septic tank use. State regulations
allow on -site wastewater disposal in extremely porous soil where depth to water
' table is greater than 12 inches.
' Land and Water Use Plan 2000 116

Chapter 11. Wastewater Disposal
State regulations govern the installation, location and use of septic tanks. (GS
103A-335). Current regulations require a repair and replacement area of equal
size to the septic system on any lot recorded after January 1, 1983.
Tertiary treatment utilizing package plants or through a public sewage treatment
system can reduce adverse impacts resulting from improperly maintained or
sited septic tanks. These alternatives could indirectly necessitate higher
densities of development and are inconsistent with the desires of Nags Head to
develop at relatively low densities. Many residents may wish to see the benefits
of a public sewer system but are unwilling to accept the higher development
densities and costs that could accompany it.
Currently within the Town there are four package sewer treatment plants which
provide services to 720 hotel and dwelling units. The Nags Head Village
Service Company system currently treats 395 dwelling units in The Village at
Nags Head and all uses in the Outer Banks Mall. The Villas system treats 120
units, the Nags Head Inn system treats 100 units, and the Comfort Inn facility
treats 105 units The primary authority to regulate these systems is the Dare
County Department of Environmental Health and the State Division of
Environmental Management.
The Town established in 1997 a citizens' committee to investigate the impacts,
if any resulting from on -site septic systems. This committee —the Septic Health
Committee —will be comprehensively addressing issues that are associated with
septic systems, including maintenance and operation, while encouraging on -site
septic systems as the preferred method of sewage treatment in the Town. The
committee has established the following goal:
The Goal of the Septic Health Initiative is to reduce the need for central
sewage and improve the quality of the Town's surface and groundwater
by improving the performance of individual septic systems used to
dispose of wastewater throughout the town.
Goal. The goal of the Town of Nags Head is to provide an economic
and environmentally sensitive means of sewage treatment and
disposal which maintains or improves the quality of the Town's
surface waters and groundwater, and maintain low density
development.
1. Preferred method of treatment
• The preferred form of sewage treatment and disposal shall be the on -
site septic systems.
• It shall be a policy of the Town to reduce, through zoning and other
regulations and policies, the need for central sewage.
Land and Water Use Plan 2000 117

' Chapter 11. Wastewater Disposal
1 2. Septic systems, maintenance
The Town realizes that proper maintenance of septic systems is
essential for their safe operation and may develop and distribute
educational materials to the residents and visitors of the Town on the
correct use and maintenance of septic systems.
' • The Town will develop a decentralized Wastewater Management
Plan to assure optimum operation and maintenance of on site septic
systems.
' 3. Failing systems (residential)
• Through the Septic Health Initiative Committee the Town shall
develop preventative and educational programs and consider funding
programs designed to identify and correct failing septic systems.
4. Package treatment plants
' • The Town supports the proper maintenance, operation and use of
existing package treatment plants.
' . The Town will not take over the control and operation of any failing
or failed private sewage treatment systems.
The siting of new package treatment plants will not be supported by
' the Town.
5. Public sewer system
The Town is opposed to and will not support a municipal, regional,
'
or central sewage collection and processing system.
6. State and local Health Department inspection and regulation
• The Town supports the strict enforcement of all state and local rules
on proper siting of waste treatment systems.
'
7. Point source discharges: ocean and sound outfalls
• The Town shall be cognizant of the negative effects of point sources
of wastewater pollution and shall seek ways to remove any existing
'
point sources of wastewater discharge and shall not permit future
point sources of wastewater discharge.
• The Town is opposed to and will prohibit any proposed ocean and
'
sound wastewater outfalls.
8. Non point source pollution
'
The Town shall seek funding and shall support water quality testing
of the ocean and sound waters to determine the extent, if any of non -
point sources of pollution.
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Chapter 11. Wastewater Disposal
9. Waster classification SA, SB etc.
• The Town shall seek strict enforcement of existing laws and
regulations and shall consider new regulations, if needed, to protect
estuarine water quality.
• The Town does not consider a water classification of SB or SC
acceptable and will support research to determine the sources of
pollution and consider or lobby for additional regulations or
enforcement of existing regulations to prevent further degradation
and shall seek measures to enhance water quality where needed.
Land and Water Use Plan 2000
119

Chapter 12.
'
Stormwater and Water Quality
Introduction
As the Town continues to grow more and more of the ground's surface area will
be covered with buildings, parking lots and roads. When development
'
containing a large proportion of its area in impervious surfaces (e.g., parking lot
pavement, roadways) is in close proximity to the shoreline, the potential for
runoff into estuarine waters is increased. As the Town approaches build -out, the
quantity of stormwater runoff will increase and if not retained or detained this
increase in impervious surfaces could have an adverse impact on estuarine
water quality.
'
The Town borders two large bodies of water, Roanoke Sound to the west and
the Atlantic Ocean on the east. The Roanoke Sound is a large, relatively
shallow body of low saline water. The sources of water for the Sound are
'
primarily from inland rivers and tributaries. Some limited exchange of ocean
saline water occurs at the inlets, primarily Oregon Inlet, Hatteras Inlet, and
Ocracoke Inlet. The water quality of the Sound can be degraded depending
'
upon the types and quantities of pollutants. Freshwater runoff itself can be
considered a pollutant in that the runoff may change the salinity of the sound.
Any pollutants, i.e., oils, heavy metals, pesticides, etc., carried by this runoff
'
can further affect the water quality of the Sound..
Stormwater Management Plan
' In order to adequately address growth and potential runoff from storms and
normal rain events, the Town in the 1990 Land Use plan established a policy
to develop a detailed street and drainage improvements plan. More
' importantly, the Town also adopted a policy to "...develop a comprehensive
long-term stormwater and drainage plan." This policy was based on the
specific goal of protecting the quality of our estuarine and groundwater
' resources. In the fall of 1995, the Town adopted a Stormwater Management
Plan and Stormwater Management Ordinance. The stormwater policies in the
1990 Land Use Plan have been incorporated into the ordinance. The
' ordinance is designed to minimize the rate and volume of stormwater runoff
that enters into these systems, thereby diminishing, to a large extent, the
environmental degradation often associated with drainage systems. In a
I
Land and Water Use Plan 2000 120
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Chapter 12. Stormwater and Water Quality
broader sense, both the plan and ordinance support traditional development
patterns, i.e., single-family and duplex construction, which the Town has
been encouraging as a primary goal through the land use planning process.
These built-in incentives (for example, in the subdivision process) recognize
the contribution that stormwater generates from single-family development
sites. It requires the subdivider to comprehensively address drainage at the
time of plat approval and to install drainage improvements prior to final
recordation of the plat. This relieves the homeowner/contractor from having
to address drainage at the time of building permit issuance. A concerted effort
has been made to ensure consistency between the Stormwater Management
policies/ordinance and the 1990 CAMA Land Use Plan.
Prior to adopting the Stormwater Management Ordinance, a Stormwater
Management Plan was formulated based upon prior studies and projections of
future build -out. The Management Plan addressed the existing drainage
system and the natural features that influence drainage. Several conclusions
from that Management Plan are:
1. Because of relatively low lot coverage in the R-2 District, an increase in
impervious area will not significantly result in an increase of stormwater
runoff.
2. Toward build -out, impervious coverage in the C-2 District will have the
greatest impact on runoff. Two options exist for regulating the expected
increase in runoff. One is to improve the drainage system, and the other is
to manage stormwater on -site. The adopted ordinance regulates on -site
management of stormwater.
3. Several factors affect drainage (a) Soils. The permeability of soils in
Nags Head is generally high, thus stormwater can be absorbed quickly
into the soils. (b) Groundwater. The height of the water table will affect
how much water can be absorbed. The higher the groundwater level, the
less water can be absorbed into the soils. (c) Evaportranspiration.
Vegetation, especially in forested areas can account for a large quantity
of water loss through evaporation from the soil and transpiration from
surface of the leaves. (d) Wind and tide effects on groundwater. Strong
onshore winds will cause the groundwater level to increase in the area
adjacent either to the oceanside or soundside of the island. (e) Septic
systems can introduce an additional volume of water into the
groundwater system, which can cause the level of the groundwater to
increase.
This Stormwater Plan and Ordinance will ensure that the Town's drainage
and stormwater issues are dealt with and resolved in an orderly, coordinated,
and fair fashion.
Land and Water Use Plan 2000 121

IChapter 12. Stormwater and Water Quality
' Perhaps the most evident procedural change in the plan and ordinance is that
specific and measurable standards are established by which the Town and
developers can better gage compliance with the goals and policies of the
' Stormwater Plan. In addition, a prioritization of drainage improvements and
their associated costs will be incorporated into the annual Capital
Improvements Program and reviewed by the Board of Commissioners as part
'
of the budget process.
One major theme of this Management Plan is that stormwater will be handled
'
in an environmentally safe and efficient manner. On -site retention facilities
are a key component of the ordinance. Like the State's (Division of
Environmental Management) stormwater regulations, the Town's ordinances
requires that all resulting runoff from the first one and one-half inches of
'
rainfall must be retained on -site. Beyond this, the Town will require the
developer to safely manage on -site the 10-year, two-hour storm event which
is equivalent to 4.3 inches of water with some allowances for minor flooding
'
of parking stalls. Greater on -site impacts, but no unimproved off -site impacts
will be allowed for rainfall events exceeding the 10-year storm up to a 25-
year storm. A developer will not be required to manage runoff from a storm
'
exceeding a 25-year return frequency. These and other provisions of the
ordinance greatly minimize the volume of potentially polluted runoff that
would otherwise be disposed of into the estuarine and ocean waters.
Under today's zoning ordinance, certain types of development such as
automobile service stations and go-cart tracks are required to retain more runoff
from impervious surfaces than what the Stormwater Management Plan requires.
These enhanced standards are designed to protect surface water runoff from
possible gas and oil spills.
'
The Stormwater Plan and Ordinance is designed to ensure that the drainage
concerns will be adequately met at build -out with no major infrastructure
improvements needed under current regulatory and development regulations.
'
. Ocean and Estuarine Outfalls
Within the Town there are five ocean outfalls operated and maintained by
'
NCDOT. The northern outfalls, Carolinian, Curlew, old Casino (Kitty Hawk
Kites), and Conch Street generally drain some of the land areas between NC
12 and US 158. Direct runoff from portions of US 158 is eventually
channeled through several of these outfalls. The outfall in South Nags Head
'
drains much of the ditch alongside NC 1243. With the exception of the South
Nags Head outfall, the other outfalls primarily function during storm events.
On the soundside, there are several drainage channels or outfalls extending
from US 158 to the Sound. Going from north to south, these are: Soundside
Road, Danube Street and Blue Fin Canal in Old Nags Head Cove, The
Land and Water Use Plan 2000 122

Chapter 12. Stormwater and Water Quality
' Village at Nags Head outfall near Forrest Street, and outfalls at Finch,
Grouse, Glidden, Gull, and one at Whalebone Junction. In addition, there are
at least three outfalls (ditches) in South Nags Head leading to the sound.
The outfalls were installed to drain areas of NCDOT concern, areas of Town
concern, and areas of private concern. The outfalls are fed by a network of
' connecting ditches and culverts, some of which are NCDOT facilities, some
of which are Town facilities and some of which are private. Maintenance of
the outfalls is NCDOT responsibility and generally consists of routine
cleaning. For ditches which are under direct Town control there is a routine
maintenance program performed by the Town's Public Works Department.
Due to the complex nature of outfalls and permitting requirements there is a
strong possibility that there will be no new outfalls constructed in the future.
' One of the most critical component of a functioning outfall is routine
maintenance.
'
. Groundwater and Ocean Overwash
As with any low lying coastal community, surface groundwater and ocean
overwash are areas of concern. Recently, the Halloween storm of 1991, which
'
was a northeaster following a late season hurricane, caused an erosive wave
pattern which eroded significant dune areas and caused significant ocean
overwash. Subsequent storms in the winter of 1992/1993, and the summer of
'
1994 resulted in some overwash due to the dunes weakened in the Halloween
storm of 1991. Some of the areas affected by the overwash drained relatively
quickly, while standing water affected some areas for a week or so. The
'
flooding is currently sporadic, and while immediate resolution is not needed
it should be noted that the ocean overwash flooding cannot be prevented by
the Town acting alone, but might be mitigated or reduced by a community -
wide beach nourishment program.
The adopted Stormwater Management Plan and Ordinance address ocean
overwash. Development plans in areas identified as in Overwash Drainage
'
District by the Stormwater Management Plan shall indicate how ocean
overwash flooding will be managed. Swales, culverts, and other features may
be necessary to allow drainage from ocean overwash. In addition, proposed
development shall not create obstructions or interfere with existing overwash
patterns, rates or volumes except where alternative management facilities are
1
provided and approved by the Town
,. Public Health
Public health, safety, and welfare risks may occur in the form of flooded
septic systems and flooded streets. When septic drainfield and tanks are under
water there is always the concern that untreated sewage surface and enter into
'
the drainage system.
'
Land and Water Use Plan 2000 123

Chapter 12. Stormwater and Water Quality
' . Water Quality Monitoring
In 1995, Dare County established a surface water monitoring program which
involves sampling surface waters throughout Dare County. The Dare County
' Water Testing and Management Program is a coordinated effort by the Dare
County Commissioners and the Clean Water Advisory Committee. One of the
first initiatives of this Committee is to develop a comprehensive water quality
' testing and management program for the surface waters in and around Dare
County. In 1996 there were five sites in Nags Head that were being sampled,
four on the sound and one on the oceanfront in South Nags Head. These waters
' are sampled for turbidity, pH, total phosphates, total dissolved phosphates,
nitrate, nitrite, ammonia, chlorides, total coliform, E. coli, and Enterococcus.
With the compiling of data, the Clean Water Advisory Committee is to develop
' a base line parameter which will enable the committee the ability to look at
water quality issues within specific drainage areas and to use the information to
develop management plans addressing the individual needs of that area.
' While this is a valuable and important program, of even equal value is how the
information derived from sampling will be utilized, and what procedures and
protocols will be developed and followed to inform any governing body and the
' public about any potential public health concern if a problem area is found.
In 1998, the Shellfish Sanitation Branch of the NC Department of
' Environmental and Natural Resources, Division of Water Quality assumed the
sampling duties of this program.
Conclusion
' Over the last few years the Town has taken significant steps in controlling and
regulating stormwater runoff with the adoption of the Stormwater Management
' Plan and Ordinance. Stormwater runoff generally only becomes a public
concern when streets and lots flood or when state or federal agencies address
the effects of the runoff into estuarine or ocean waters.
' Goal. The goal of the Town of Nags Head is to manage stormwater in
ways that reduce the risk of flooding while disposing of
stormwater in an environmentally sensitive manner. it shall also
' be a goal of the Town to participate in the improvement of water
quality of the Albemarle Pamlico estuarine system.
1. Stormwater Management Plan
' • The Town shall continually assess and evaluate the Stormwater
Management Plan and update the plan when necessary
• The Town supports the basinwide approach to water quality planning
which recognizes the need to regulate pollutant contributions from
up -stream as well as down stream uses.
' Land and Water Use Plan 2000 124

Chapter 12. Stormwater and Water Quality
'
• In conjunction with state and county statutes, the Town shall work to
minimize the conflicts associated with the disposal of both on -site
sewage effluent and stormwater retention.
'
• The town shall actively work to minimize the rate and amount of
stormwater runoff into ocean and sound waters and the impact that
stormwater has on those waters.
'
Where practical, the Town supports an open swale conveyance
system for stormwater run-off which maximizes the vertical
infiltration and reduction of stormwater pollutants
2. Ocean outfalls
'
• The Town does not support the construction of additional ocean
outfalls.
• The Town shall actively lobby NCDOT for continued maintenance of
the existing ocean outfalls. The Town recognizes that maintenance is
essential for the proper functioning of these outfalls.
• The Town will work to eliminate existing ocean outfalls when
'
economically viable alternatives exist for land disposal.
3. Estuarine outfalls
The Town shall lobby NCDOT to consider alternative methods of
'
stormwater treatment/retention in an attempt to eliminate the number
or dependence upon sound outfalls.
'
4. Private outfalls
• The Town is opposed to and will not permit any additional private
'
estuarine outfalls and will seek ways to mitigate any detrimental
effects of existing outfalls.
• The Town shall consider developing and adopting regulations which
address maintenance and upkeep of private stormwater drainage
'
facilities.
5. Ocean overwash
' The Town recognizes that ocean overwash can have a detrimental
affect on private property and public infrastructure and will seek
' ways to mitigate or prevent the event from happening in the first
place. These actions may include dune restoration and stabilization as
well as secondary dune protection measures.
• The Town supports any additional CAMA rules governing
stormwater runoff providing such rules have: 1) been scientifically
' Land and Water Use Plan 2000 125

I
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Chapter 12. Stormwater and Water Quality
demonstrated to improve water quality; and 2) are in harmony with
existing Land and Water Use Plan.
• The Town supports basinwide approach and application of equitable
rules and regulations.
6. Public health, public notice
• The Town recognizes that when ocean beaches and estuarine areas
and waters are closed for health reasons, proper public notification of
the closures is essential for public safety. The Town will work with
the respective regulatory agencies to develop a protocol and to ensure
that public notification is released in a timely manner after careful
monitoring has indicated that the agreed upon standards have been
exceeded.
7. Water quality monitoring
• The Town realizes that water quality testing is essential in
determining if any problems or concerns exist in waters surrounding
and within the Town. The Town shall consider either establishing a
program of water quality testing or request that additional sites be
tested to ensure that a larger section of Town is routinely sampled.
8. Comprehensive Conservation and Management Plan (CCMP)
• The Town supports the conclusion and recommendations of the
Albemarle Pamlico Region Comprehensive Conservation and
Management Plan.
9. Culverting
• The Town does not support the culverting of existing ditches. The
Town supports open ditch infiltration unless culverting is necessary for
stormwater reasons.
Land and Water Use Plan 2000 126

C
C'
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I
I
Chapter 13.
Water Supply and Distribution
Introduction
The central issue with respect to water supply is what level of development will
require capital improvements in the water supply, in processing, and in the
distribution system. Each component in the water supply system represents a
fixed and finite capacity which must be increased as demand approaches its
capacity. Increased capacity in this case is a matter of increased capital
expenditure, as well as finding an available source of water which is or can be
made potable.
The Town's water system is composed of two components: water processing
and distribution. With the exception of water which is processed from the Fresh
Pond during the summer months, all other water is received from the Regional
Water System for distribution through the Town's own distribution system.
As required by the N.C. Department of Environment, Health and Natural
Resources, Division of Water Resources, the Town has prepared and adopted a
Water Supply Plan. The Plan is an assessment made by the Town of the water
needs through the year 2020. The Plan compares these water needs to the ability
of current sources of water supply to meet those future needs. A copy of the
Plan is on file at the Town of Nags Head offices.
The following is an excerpt from The Water Supply Plan prepared by Dare
County, The Towns of Kill Devil Hill, Nags Head, Manteo, and the Cape
Hatteras Water Association.
The Dare Regional Water Supply System (DRWSS) produces all of the
water for four of the five major Water Suppliers on the Northern
Beaches in Dare county. The Peak Day usages of all of the water
I
ystems and the allotment of the three major wholesale purchasers
from the DRWSS are listed below.
The DRWSS's present maximum production capacity is 9.5 MGD
(single day maximum). Although the Peak Day for the DRWSS on
August 10, 1992, reached 6.583 MG, the total of all of the four
wholesale purchasers' peak usage figures in 1992 accumulate to only
6.212 MG. Not one of the wholesale purchasers experienced their Peak
Day on the same day. So it is safe to say that the peak demand on the
Land and Water Use Plan 2000 127

1
Chapter 13. Water Supply and Distribution
DRWSS must be determined based on the peak demand of water to be
delivered by the DRWSS to the wholesale purchasers, rather than by
the total of the individual peak demand gallonage delivered by the
individual water systems.
The DRWSS's three major wholesale purchasers: Dare County, Kill
Devil Hills and Nags Head, have contracted with the DRWSS to
receive an allotment of water which now exceeds their individual
customer demand. In fact, calculations by all three entities project their
allotment will su,ffice for customer demand until after the year 2000.
(DRWSSpeak day 713198, 7.537 mgd)
Water Supply
As mentioned above, Nags Head, Kill Devil Hills, and Dare County have
established a Regional Water System. Each entity is entitled to a set amount of
water from the total system capacity. Three sources of water are used to supply
the regional system: the aquifer under Roanoke Island, the Fresh Pond, and the
reverse osmosis (RO) plant located in Kill Devil Hills. The Fresh Pond is
located on the Nags Head Kill Devil Hills municipal boundary with
approximately half of the Pond situated in each municipality.
The wholesale cost of water is dependent upon the source. When the Fresh
Pond plant is processing water during the summer, the cost to produce that
water is $0.75 per 1,000 gallons. During the summer water is purchased through
the Regional Water System to supplement water from Fresh Pond. For the
remainder of the year, all water is purchased through the Regional Water
System at a wholesale cost of $1.60 per 1,000 gallons (1997 dollars). One
limiting factor for the Fresh Pond is the availability of water to process when
the lake level falls during times of serious drought
The Town's allotment from the regional water system is 3.5 million gallons per
day (MGD) or 2,300 gallons per minute (GPM). Currently, it is estimated that
2.116 MGD has been committed to existing development, leaving 1.184 MGD
for future development. Based upon growth observed between 1985 to 1995,
there may be enough water for the next 14 years. For commercial development,
the last six years of water consumption unit allocation, (WCU) was examined
and found that three WCUs per acre of commercial developed land represents a
conservative estimate of potential water use by commercial establishments.
(See Table 13.1.). A water consumption unit is an amount of water
consumption equivalent to 400 gallons per day.
The reverse osmosis plant which was completed in 1990 is currently capable of
producing three MGD. Nags Head's share is currently one MGD, and can be
increased by another one MGD with the purchase of a new RO module (1.7
million dollars including wells and supply pipes).
Land and Water Use Plan 2000 128

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Chapter 13. Water Supply and Distribution
A water demand analysis report in 1985 estimated the peak daily, summer
demand on the Nags Head water system. Analysis of actual billing data
produced the following peak daily estimates: dwelling units, 400 GPD; motel
unit, 213 GPD; restaurant seat, 35 GPD; retail space, 15 GPD per 100 square
feet of gross retail space; office space, 7.5 GPD per 100 square feet of gross
office space. The Town continues to use this information to calculate water
consumption and impact fees for various types of new construction.
Table 13.1 Projected peak day demand on the Nags Head water system for
dwelling units (DU's) and other uses at build -out.
Table 13.1. Projection of WCUs Build -out = 14t years
Projected
Existing
Projected
Total
DU's WCUs
DU's WCUs
DU's WCUs
SF/Duplex 3,129 3,129 1,526 1,526 4,655 4,655
Multi -family 319 319 168 168 487 487
Cottage 324 324 0 0 324 324
Court
Hotel 1,308 654 140 70 1,448 724
Commercial 864 534 1,398
Total 5,080 5,290 1,834 2,298 6,914 7,688
Current usage: 5,290 WCUs x 400 GPD = 2,116,000 or 2.116 MGD
Proposed usage: 2,298 WCUs x 400 GPD = 919,200 or .919 MGD
Total usage: 7,588 WCUs x 400 GPD = 3,035,200 or 3.03 MGD
Commercial = all other uses except residential including hotel @ 3 WCUs/acre
288 existing acres developed as commercial (non-residential) 288 x 3 = 864 WCUs
Potential non-residential 178 ac x 3 = 534 WCUs .
Water Distribution System
The current capacity of the pumps which provide water for Nags Head is 2,800
gallons per minute. During peak periods in the summer months, Nags Head
consumes 1,800 gallons per minute of this capacity. This results in 1,000
gallons per minute excess capacity for use by future development. Using 400
gallons per day as the current average use per dwelling unit, an additional 3,600
dwelling units can be added to the system before additional pumping capacity is
necessary. (See Table 13.2.)
Land and Water Use Plan 2000 129

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Chapter 13. Water Supply and Distribution
Table 13.2. Nags Head Water Distribution System
Sustainable pumping capacity (non -emergency)
2,800 GPM or 3.5 MGD
Nags Head peak use'
2.48 MGD
Maximum peak use (emergency)
3,000 GPM
Total additional WCUs possible without adding
3,600 WCUs
pumping capacity
STORAGE TANK CAPACITY
Ground storage
1,000,000 gallons
Elevated storage
800,000 gallons
Total storage capacity
1,800,000 gallons
Hours available on total storage
16.6
service alone
(without power failure)
Hours available on storage service
7.4
from elevated tanks
(with power failure)
Hours required to fill all tanks from
13.3
empty
(while serving at peak usage)
' The peak single day for gallons pumped by the Nags Headwater plant was 2.48 million on
August 8, 1997.
2 Sea Pointe fire, August 1990.
An additional concern with pumping capacity is the time it takes to refill the
storage tanks. As the Town's consumption approaches its pumping capacity,
less excess pumping capacity is available to refill these tanks and the rate of
' refill therefore is slower. In the last five years the Town has increased its
storage capacity by 500,000 gallons with the completion of the South Nags
Head elevated tank.
' The total storage tank capacity in Nags Head is currently 1,800,000 gallons
between the following three sites: 500,000 gallons at the elevated storage in
South Nags Head; 300,000 gallons at the Town Municipal site; and 1,000,000
' in ground storage at Gull Street. This 1,800,000 gallon storage capacity could
serve Nags Head water consumption from storage alone for approximately 16.6
hours at peak consumption. In the event of a power failure, the Town's elevated
' storage tanks could serve the Town for only 7.4 hours at peak usage. It should
be noted, however, that peak consumption occurs infrequently for relatively
short periods of time. If the tanks were empty, over 13 hours would be required
to refill them while serving regular demand, using the excess 1,000 gallons per
minute of pumping capacity currently available. As more water users are added
to the system, this excess capacity diminishes, and the refill period becomes
longer.
Land and Water Use Plan 2000 130
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IChapter 13. Water Supply and Distribution
'
The capacity of the water distribution mains that serve individual
neighborhoods in Nags Head is a critical threshold to the growth in these
neighborhoods. When the size of a water main is inadequate for the volume of
water demanded by it users, pressure loss results. Relating the size of such
mains in newly developed areas to the potential total demand on the main is
crucial to the future capacity of the main to provide water to all potential users.
'
The Town receives water from the Regional Water System through 24-inch
lines along US 158 and distributes this water to residents using a 12-inch trunk
line along South Virginia Dare Trail (NC 12) and portions of South Croatan
'
Highway (LTS 158) and along South Old Oregon Inlet Road (NC 1432). This
12-inch line feeds a distribution network of 10-inch, 8-inch and 6-inch water
lines, with much of the Town served by the 6-inch lines. The number of
'
dwelling units that can be connected to the 6-inch line is limited. As more units
tap onto this system, velocity of the water in the mains must increase to provide
the same level of service. In South Nags Head, this situation was remedied with
the completion of a new 12-inch line and an elevated tank.
A portion of the Town's distribution system along NC 12 and US 158 consists
of dual distribution lines. Throughout the years the Town has attempted to
establish redundant distribution lines not only to provide better service but also
as a backup should the other distribution mains need repair or maintenance.
Weaknesses in the distribution system include some areas along NC 12 and US
'
158 where there are not two mains and the fact that there are many dead-end
lines which can lead to water quality and pressure concerns as well as
complaints and dissatisfaction with consumers.
'
The Nags Head system currently operates at 40 to 62 PSI. The losses of
pressure due to friction over distance can be severe, as was the case in South
Nags Head until a new water storage tank and distribution lines were installed
'
several years ago. In the past five years, the Town has eliminated most dead-end
lines and is working to loop water lines where possible to adequately address
water flow and pressure. A new 12-inch line may be needed along portions of
South Croatan Highway (US 158) to parallel the 12-inch line along South
Virginia Dare Trail (NC 12). If pressure falls low enough, the ability to fight
fires using hydrants along the water line becomes inadequate, leading to safety
concerns.
The Town currently maintains a 6-inch asbestos cement water line from the
southern municipal limits at NC 1243, south to Oregon Inlet Fishing Center.
'
This line was installed in the early 1960s and by agreement the Town has
assumed responsibility for providing maintenance and water service to these
areas.
'
Goal. The goal of the Town of Nags Head is to provide sufficient
levels of potable water to accommodate water demand at
Land and Water Use Plan 2000 131

Chapter 13. Water Supply and Distribution
build -out through economical and efficient means and in an
environmentally sensitive manner.
1. Water processing, pumping
The Town shall continually monitor the Town's water processing
capacity and make the necessary system improvements when needed.
2. Water distribution
• The Town recognizes the importance of a dual or looped water
supply system for pressure, service and fire supply and will continue
to loop the system when opportunities and funding permits.
3. Water supply and the adopted Water Supply Plan
• The Town will periodically review water use to ensure an adequate
supply of potable water in the future.
• The Town shall periodically update the Water Supply Plan as
required by the State.
• The Town shall periodically update the Water Supply Master Plan
addressing issues such as distribution, storage and water pressure.
4. Water usage
The Town shall monitor water usage by the residential community
and business community and consider adjustment in the fees and
rates when warranted.
' S. Fresh Pond and Nags Head Woods
• The Town shall continue to promote and monitor studies regarding
the drawdown effects that water production at Fresh Pond may have
on the fresh water ponds, wetlands and the entire ecosystem of Nags
Head Woods.
' 6. US Park Service water line
The Town shall work with the National Park Service and the affected
entities to seek funds for improvement to the water supply line
' serving Park Service property and the Oregon Inlet Fishing Center.
7. Water conservation
' The Town will seek to develop an educational program highlighting
the beneficial affects of conserving potable water.
I
Land and Water Use Plan 2000 132
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'
Chapter 14.
Economic Development
'
. Introduction
As a seasonal resort community Nags Head's concerns for economic
development differ from those more traditional concerns of attracting new
industry and providing employment opportunities found in other localities. For
Nags Head, the question is how to best manage development needed to
accommodate not only the increasing seasonal population but also providing
services and adequate levels of facilities and services for residents. All of this
must be balanced to protect those qualities which brought residents and visitors
here in the first place. In the 1996 Land Use Plan Survey, respondents were
asked what they liked best and least about Nags Head. This was an open-ended
question and the respondents were free to answer as they wished. The number
one choice (311 respondents out of 1326 responses) was the ocean, beach, and
'
sound. What they liked least (280 respondents out of 1,085 responses) was
traffic. Traffic and the impacts on neighboring property from some form of
commercial activity is very much a concern in Nags Head because of the
'
mixture of land uses. This situation is especially obvious in the C-2 General
Commercial District where commercial uses can be side by side with residential
uses. The existing Land Use maps indicate the types of development that can be
'
found in the various districts within the Town.
To help guide the Town with the challenge of growth and development the
'
following is from the Town's adopted Vision Statement.
The Town of Nags Head is working to build a community populated by
diverse groups whose common bond is a love of the Outer Banks. We
recognize that the Town must be a good place to live before it can be a
'
good place to visit. We recognize that those who have lived on this
land before us have forged our path and that we must learn from them
and respect their memory. We recognize that our natural environment
'
is an integral part of our community and must be considered in all
decisions. We recognize that in order to secure this future we must
'
work together, treating all with respect and providing all with justice,
keeping our common goals in front of us and our petty differences
behind us.
Land and Water Use Plan 2000
133

IChapter 14. Economic Development
'
The Town of Nags Head is working to build a community with an
economy based on family vacation tourism. The base of that economy
is the rental of single-family homes. Important elements in developing
and maintaining this economy are
An oceanfront beach that is accessible and usable, not blocked by
large structures.
C A natural environment typified by clean waters and the natural
landscape of sand dunes and salt tolerant vegetation.
'a
Commercial services provided by locally owned and operated
businesses that share in the building of our community.
'
G Recreational amenities and attractions, both commercial and non-
commercial that are wholesome and appeal to broad spectrum of
family members
'o
Tourism and Visitation
h
U
Tourism is the major industry on the Outer Banks. In a study made by the North
Carolina Division of Travel and Tourism and the Outer Banks Chamber of
Commerce (1990) it was estimated that over six million (6,628,881) people
visited the Outer Banks in 1989. While there is no exact measurement of
visitors, the Outer Banks Chambers of Commerce annually updates these
projections and estimates for 1995 indicate there were 7 million visitors to the
area. In 1996, gross retail sales for Dare County were $690,412,821 and gross
receipts from occupancy and prepared meals were $136,382,454 and
$98,718,133. The direct contribution to the area's economy from travel and
tourism for 1995 was 349.8 million, resulting in 7,750 jobs with a payroll of 80
million dollars (Outer Banks Chamber of Commerce).
Table 14.1. Travel and visitor indicators
Year
Aycock Brown
Jockey's Ridge
Welcome Center
State Park
1986
166,650
329,026
1987
161,614
350,040
1988
180,434
419,239
1989
166,085
459,780
1990
185,226
522,396
1991
175,597
656,208
1992
196,414
743,819
1993
179,591
792,055
1994
190,526
826,410
1995
197,323
768,945
1996
198,535
801,889
Land and Water Use Plan 2000 134

Chapter 14. Economic Development
While the Outer Banks Chamber of Commerce estimated that there were 7
million visitors in 1996 to the Outer Banks, this says little about the growth in
visitation that we have seen in Nags Head over the years. Table 14-1 and Figure
14-1 the increases in visitors since 1986. With the exception of some minor
decreases in visitation at the Aycock Brown Welcome Center in Kitty Hawk in
1993 and 1994, and at Jockey's Ridge visitor center in 1995, there has been a
steady increase in visitation to the area.
Construction and Real Estate/Financial Industries
Next to the tourist industry, the construction and real estate/financial
industries contribute greatly to the economic well-being of the Town and the
County. In 1996, according to the Outer Banks Chamber of Commerce, 6.2
percent of the employees in the County were in the construction field. The
real estate/fmancial industry accounted for 8.9 percent of employed
individuals in the County.
In 1996, the value of new construction county -wide by building permit was
$89,292,386, with a land transfer value of $2,471,229. For Nags Head the
value of new construction by building permit for 1996 was $13,629,700.
• Occupancy Tax
Occupancy tax is collected by Dare County from all establishments that rent
accommodations. This tax is collected on rental rooms, lodging, or similar
accommodation subject to sales tax. Distribution is prorated to the amount of ad
valorem taxes levied by each town for the proceeding year. As Table 14-2 and
Figure 14-2 points out, occupancy tax revenues have increased every year with
the exception of two dips in 1991-92 and 1992-93 and overall occupancy
revenue has increases by 98 percent since 1986.
Table 14.2. Occupancy
Tax
Year
Dollar Amount
1986-87
423,770
1987-88
496,724
1988-89
547,503
1989-90
608,557
1990-91
659,040
1991-92
649,980
1992-93
641,859
1993-94
734,079
1994-95
804,605
1995-96
839,521
Land and Water Use Plan 2000 135

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Chapter 14. Economic Development
Accommodations
The importance of the tourist industry to the local economy can not be
overstated. To accommodate the numerous visitors several types of
accommodations have been developed on the oceanfront and nearby areas east
of NC 12 and NC 1243. For ease of comparison, the Town has been divided
into five areas: one from Eighth Street to Loggerhead beach access, The
Village at Nags Head, the CR District in the middle of the Village, the area
South of Forrest Street to the southern terminus of the CR District, and the last
area which begins where the CR District ends and extents south to the southern
Town boundary. (Table 14-3.)
Table 14.3. Number and types of oceanfront accommodations
Residential
Hotel/motel
Cottage court
Multi -family
lots
units
units
units
Eighth Street to
245
487
37
15
Loggerhead Beach
Access
The Village at Nags Head
104
0
0
36
CR out -parcel in The
5
0
0
57
Village at Nags Head
South of Forrest Street to
39
279
99
138
end of CR between
Holden and Huron Streets
South of CR boundary line
577
0
156
32
to the southern Town
limits (R2 zoning)
Total
970
766
292
278
There is little available land area on the oceanfront to build new hotels and
motels. Both uses are allowed by the Town's Zoning Ordinance. The last hotel
built on the oceanfront was Nags Head Inn which was constructed in the mid
1980's. On the west side of NC 12 within The Village at Nags Head a 90-room
hotel has been approved, but not constructed as of January 1998.
Cottage courts, which can be characterized as multiple single-family and duplex
dwelling units located on a single lot were once a popular form of
accommodation for visitors. Throughout the years numerous cottage courts
have been demolished and single-family and duplex structures built in their
place. In an attempt to assist cottage court owners the Town has adopted zoning
regulations which will aid in their repair and replacement thus preserving some
of the earlier character of Nags Head.
Land and Water Use Plan 2000 136

IChapter 14. Economic Development
t. Single-family Residences
Single-family development is the predominant form of oceanfront development
in the Town. To meet this continuing need for oceanfront single-family
' accommodations, numerous cottage courts, small motels, and commercial
structures have been demolished and single-family residences constructed in
their place. To further meet the needs of visitors, the size of oceanfront
' residential homes over the years has increased; today many of the homes built
have five to seven bedrooms and have been advertised to accommodate over
twenty people.
'
• Summary
The Town of Nags Head has more than 11 miles of oceanfront shoreline and
within these 11 miles there are 970 single-family and duplex structures, 766
hotel/motel rental units, 292 cottage court rental units, and 278 multifamily
dwelling units. The density on the oceanfront is approximately 3 units per acre
as compared to the overall Town average of 0.85 units per acre (Chapter 15). In
total, there are at least 2,126 dwelling units on the oceanfront which represents
42 percent of the dwelling units within the Town. The total tax value for all
' property (including miscellaneous structures) east of NC 12 and NC 1243 is
$307,872,129. This represents approximately 16 percent of the land area in
Nags Head and 40 percent of the tax value in Nags Head. The occupancy tax
' contribution directly to the Town from the rental of accommodations is now
approaching $900,000 a year.
' . Existing Commercial Development
Most of the existing retail and service commercial development is located along
' or just off South Croatan Highway. The majority of the businesses in the town
are small in nature and serve primarily residents and visitors to Nags Head. One
major exception would be the Tanger Outlet Stores. The Outlet Stores are
' 84,000 square feet in area and serve as a regional shopping hub. The Outer
Banks Mall, while larger (136,800 square feet) does not appear to have the
regional draw of the Tanger Outlet Stores.
' In recent years the Town has witnessed a number of commercial establishments
locating in the Town. Table 5.2 depicts the various types of development, and
their square footage which has occurred from 1990 through 1996. Commercial
' growth, however, is not without its costs. It creates traffic congestion, aesthetic
and visual clutter, crime, and may create serious conflicts with surrounding
residential uses, e.g., traffic and noise at late hours
Large buildings and shopping centers, while contributing to the local economy,
also have an impact on Town infrastructure and service. The most common
impacts are increased traffic and traffic accidents, fire and police assistance,
' accumulation and collection of solid wastes, consumption of water and
I
Land and Water Use Plan 2000 137

' Chapter 14. Economic Development
' potential impacts on the environment. Environmental impacts can include an
increase in stormwater runoff, excessive noise. and glaring lights. Most of these
concerns are minimized with the smaller, local businesses.
' Impacts on Abutting Properties
• P 9 P
' Nags Head is confronting directly the question of commercial growth. What
should be allowed, and at what pace? What types of commercial expansions are
desirable? Should residential zoning districts be rezoned to allow commercial
uses to locate in new areas of Town? Some insights on this last question can be
' provided from the results of the 1996 Land Use Plan Survey. When asked about
those factors that are important in preserving the family beach atmosphere, 94
percent of the respondents felt low building heights were important, 97 percent
felt that open space was important, 90 percent felt that single-family housing
was important, and 83 percent felt that preserving old historic structures was an
important factor in maintaining the family beach atmosphere. Amusements
were important to 37 percent, and 26 percent felt that commercial development
was important in preserving Nags Head as a family beach.
' . Commercial Residential
Imbedded in the tradition of Nags Head is the combination of commercial and
residential uses. Many of the early merchants lived above or behind their
commercial establishments. Several commercial properties continue this feature
of the community's character. An area called Gallery Row (the C4 District) is
attempting to revive the idea of combined uses. Artists have constructed
' galleries and studios in combination with their residences. The Town set aside
this area by designating a new zoning district and adopting regulations that
encourage a village -type setting of residential and commercial properties. The
District is composed of 14 lots, of which all but four are developed. The
residential/commercial development is an integral part of Nags Head's history
and represents a part of the Town's character.
Commercial Fishing
' While commercial fishing within Nags Head and our Extraterritorial
Jurisdiction (ETJ) waters does not represent a significant industry in Nags
Head, efforts should be made to ensure that opportunities remain for the
commercial fishing activity to continue. For the last two hundred years,
commercial fishing has been part of the culture of the area. There is one crab
meat processing plant at the foot of the Washington Baum Bridge.
' Land and Water Use Plan 2000 138

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Chapter 14. Economic Development
0 Financing Development
In 1983, the Town established an impact fee for water. This impact fee provides
supplemental funds for expansion of the Nags Head water distribution system
and the Town's share of wholesale water supply expansion costs. For new
development and subdivisions, the developer is responsible for extending and
providing water lines and roads to and within the site.
In 1989 the Town enacted facility fees so that new development could assist
in paying for increased requirements for town services necessitated by
proposed development. These fees have provided improvements in the fire,
police, administration, and solid waste collection departments, and made
possible the initiation of capital improvement projects.
These fees have helped offset the cost of the new Town Hall by $200,000,
and provided $158,000 in funding for Fire Department capital improvements
and $25,000 for solid waste projects. The Town has also established a Capital
Improvements Program (CIP) which addresses long-term capital needs.
Emerging Issues
Public Beach
To maintain the thriving tourist industry in Nags Head, the Town must find
ways to continue to encourage growth and redevelopment in ways that not only
encourage the expansion of the tourist industry, but also preserve those qualities
which made Nags Head attractive in the first place. One major challenge for the
Town and the region is the need to protect and restore the public beach as
erosion continues to take its toll. For without the public beach we would not
have this important industry for the Town.
Shoulder Seasons
What participation should the Town have in promoting the shoulder season?
Diversification
The Town's primary and almost singular economy is based upon tourism.
Should the Town consider other economies for future survival should the
tourism economy falter.
Goal. The goal of the Town of Nags Head is to develop and maintain
an economy based on family vacation tourism. It is also the
goal of the Town to permit those uses which provide
residents and visitors with adequate services and amenities
necessary for the Town to maintain relative self sufficiency.
1. Tourism
The Town recognizes that the natural environment is our single
greatest and most important tourist attraction. The Town recognizes
Land and Water Use Plan 2000 139

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Chapter 14. Economic Development
that protection of that natural resource supports its economic
development.
• The Town shall support those activities and programs which foster
and enhance the Town's family beach atmosphere and family
vacation tourism image.
• The Town will support programs, activities and zoning and Town
Code amendments that support the family beach image.
2. Adequate levels of services and facilities
The Town will maintain its relative self-sufficiency by providing
adequate services and amenities for residents and visitors.
The Town shall provide municipal services in a flexible, cost
effective, customer friendly manner.
• The Town will use seasonal peak use and demand as a basis for
determining needed facilities.
3. Emphasis on single-family
• It shall be a policy of the Town to encourage an economy that is
based on the rental of single-family homes for visitors and tourists.
4. Large oceanfront rental cottages
• The Town realizes that high occupancy vacation rentals and seasonal
rentals, and particularly, the rental of large oceanfront homes, while
promoting the single-family tourist rental economy, can significantly
impact Town resources and infrastructure. The Town shall
comprehensively review impacts that these large structures have on
the resources, municipal services, and neighboring properties and
amend zoning and Town regulation accordingly.
5. Existing commercial development
The Town will be cognizant that future zoning actions may create
nonconforming situations with existing businesses and shall attempt
to minimize those changes when possible.
6. Impacts on abutting properties
The Town shall recognize and shall take appropriate actions to
mitigate the affects commercial enterprises' such as light, noise, and
visual clutter may have on adjacent residential uses.
7. Commercial fishing
• The Town recognizes that commercial fishing by local fisherman
from our ocean beaches and near shore waters and sounds represents
a traditional occupation and part of the history of the Outer Banks.
Land and Water Use Plan 2000
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Chapter 14. Economic Development
' However the Town also recognizes that conflicts can develop from
time to time among various users of the ocean beaches and sounds.
The Town shall take measures to assure that the beaches and sounds
' are accessible and useable and that user conflicts, when they do
occur, are resolved quickly.
8. Financing development —private
' Private development shall be responsible for funding and installing
infrastructure needed by the proposed development.
' 9. Financing development —public
• The Town will continue to review and modify fees as needed,
' including the addition of new facilities fees to pay for new and
continued development of Town infrastructure.
10. Public beach
' • The Town will actively oppose any action to restrict public access to
and across the ocean beach.
' 11. Shoulder season
The Town supports the growth of the tourism industry in and around
Nags Head to the extent that the attractions supporting that industry
' remain the natural and cultural resources of the area. The Town does
not support the expansion of the tourism economy by the introduction
of attractions not based in the heritage of the area. Examples would
' include gaming: Atlantic City and South Carolina tour boat gambling,
theme part attractions: the Orlando area. Concentrations of single
theme attractions: Branson Missouri.
12. Diversification
• The primary industry in Nags Head is the tourist industry. To
' augment this industry the Town shall investigate other forms of
compatible enterprises and industries such as research and
educational enterprises in an attempt to lesson our primarily reliance
' upon the tourist industry.
The Town will not permit energy production facilities to be
located in Nags Head.
• The Town does not wish to become a regional industrial services
area and will not increase the size Commercial Services District
C-3 or create additional industrial parks or subdivisions.
' Land and Water Use Plan 2000 141

Chapter 14. Economic Development
13. Regional commercial center
• Nags Head does not wish to become a regional commercial center and
will control accordingly the type, amount and location of commercial
uses. For instance, commercial activities generally oriented to residents
and visitors of Nags Head are desirable but the Town does not wish to
develop as a commercial district designed to serve a regional market.
Land and Water Use Plan 2000
142

1 Chapter 15.
' Housing
' Introduction
As the Town continues to grow, conflicts may arise concerning the
compatibility of different housing types and potential conflicts with various
' non-residential uses. The C-2 General Commercial District is the largest district
that allows both commercial and residential uses side -by -side. While the C-2
District is 68 percent developed, we can expect to see more friction arise
' between incompatible uses when in -fill development occurs.
Housing Density
' The overall density (units per acre) of dwelling units, including single-family,
duplex, cottage courts, and hotel/motel is 0.85 units per acre. At build -out, there
could be a potential for a total of 6,914 dwelling units which would result in
' overall density 1.6 dwelling units per acre. If government -owned land (Nags
Head Woods, 302 acres; TNC-Nags Head Woods, 386; acres and Jockey's
Ridge, 417 acres) is excluded. from the density calculations, current density
' would be 1.6 and at build -out the density would be 2.17 units per acre. The
density at The Village at Nags Head, based upon the current approvals, (36
multi -family, 100 hotel units and approximately 714 single -family -duplex)
would be 2.28 dwelling units per acre.
Mixture of Housing Types
Results from the 1990 and 1996 land use plan surveys indicate that residents
and property owners in Nags Head adamantly support the continuation of the
Town as a low -density residential community. In the 1996 Land Use
Questionnaire respondents were asked what factors they felt were important in
preserving the family beach atmosphere. Ninety-four percent felt it was
important to encourage low building heights and densities, and 91 percent felt it
' was important to encourage single-family housing. In addition, 97 percent felt
that preserving open space was important in preserving the Nags Head family
beach atmosphere.
Land and Water Use Plan 2000 143

I
Chapter 15. Housing
' . Impacts on Adjacent Properties
In addressing high density, multi -family development, and its impact on
neighboring properties, the Town in the late 1980's developed a comprehensive
' .multi -family development ordinance as well as a comprehensive hotel/motel
ordinance. These ordinances require extensive buffering, a fire lane around
buildings and limitations on impervious coverage and density. Coupled with the
' Town's requirements that all multi -stories, multi -family buildings be
constructed primarily of non-combustible materials, multi -family development
within the Town provides an enhanced level of fire safety.
In 1994, the Town established a new zoning district, the Commercial -Outdoor
Recreational Uses Overlay District. The purpose of this overlay district is to
provide comprehensive land use regulations for the operation of commercial -
outdoor recreational uses while protecting the residentially zoned areas of the
town. All commercial -outdoor recreational uses proposed within this overlay
district shall be subject to the procedures, standards, and guidelines specified in
' the ordinance. Typical regulations include buffer yards, setbacks, noise,
drainage, etc.
One of the challenges for the Town over the next ten years will be to balance
' the needs of residential development and commercial development, especially
in the C-2 District and to avoid or mitigate conflicts before they arise. Over the
' last ten years the Town has aggressively addressed and adopted numerous
conditions for conditional uses which help lessen the adverse impact
commercial or non-residential projects may have on neighboring residential
properties.
' As the Town approaches build -out, undeveloped land, especially in residential
districts, will become more attractive for commercial development. While there
is anticipated to be enough commercial land available for development for the
next fourteen years, the Town must guard against the intrusion of commercial
uses into residential districts.
' In addition to the conflicts created by commercial development described
above, the larger oceanfront single-family houses also can have an impact on
neighboring properties. Today's large rental oceanfront houses, many with
outdoor pools, often accommodate several families, take on a commercial
nature, with advertised occupancies into the twenties. With this many
occupants, parking, garbage, and noise can become a problem especially during
the summer.
Size, Quality, and Age of Structures
' Over the last twenty to thirty years the Town has seen a transition from the
"beach box" or "salt box" type of house to the more elaborate multi -story
houses of today. The beach box style of house, while adequate thirty years ago,
IF
Land and Water Use Plan 2000 144
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Chapter 15. Housing
does not meet the needs of many of today's tourists and residents. Today's
house is larger, averaging approximately 2,500 square feet in area and often
containing five or more bedrooms. In comparison, in 1986 the average house
size was 1,400 square feet with 3.3 bedrooms. Today its not uncommon to see
houses pushing 5,000 square feet in area, with a pool and numerous other
amenities, especially on the oceanfront.
' As of January 1, 1997, there were 5,080 dwelling units in Nags Head (Table
5.1). Of these, 3,129 are represented by single-family and duplex units. Table
15.1 indicates the approximate age of the houses in Nags Head. Of particular
importance here is that the houses that were constructed after 1972 had to meet
some minimum standards for coastal construction. It was not until 1986 that the
more stringent building codes, especially for structures built in coastal
communities, came into effect. The dates used in Table 15.1 reflect the
approximate year built according to Dare County tax records and does not
necessarily imply that structures built before the newer construction codes are
unsafe. Some of the earlier builders frequently used stronger construction
methods than the code required. As chapter 16 points out we have a number of
historic structures which pre -date most building codes and are still standing
today. Building codes are constantly being revised to better address storm and
hurricane conditions.
I
Land and Water Use Plan 2000 145

L
1
700
600
500
m 400
M
W
= 300
200
100
0
Chapter 15. Housing
Table 16.1. Approximate age of homes
CD
tip v�
�O t0 tWD t�0 t�0 A (D A W A
The quality of construction and inspection is especially important in coastal
communities where the forces of wind, floods and rain can be threatening to the
integrity of buildings. The Town, through our participation in the Community
Rating System program and the ISO Building Code Effectiveness Grading
' Program (BCEGS), is addressing the concerns for quality construction and
inspection. The BCEGS program establishes special criteria for grading how
well a community enforces its building code requirements. The grading is based
' on resources a municipality applies to building code enforcement, with special
emphasis on reducing losses from natural hazards. While the Town can not
require construction methods beyond what the Building Code requires, we can
' offer suggestions for stronger building construction standards and we can
vigorously enforce the provisions of the Building Code. In an effort to further
address the special concerns for coastal development, the Town currently has a
moratorium in effect which prohibits in many instances the construction of
multi -story, multi -family, wood -frame construction.
As mentioned in the introduction, one of the challenges the Town will face in
the future is to ensure that as the older housing stock is renovated and
improved, and as marginal land becomes developed, that the resulting
development will fit into the "Nags Head" image.
I
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Land and Water Use Plan 2000 146

IChapter 15. Housing
'
Goal. The goal of the Town of Nags Head is to continue to grow
primarily as a low density, single-family residential
community, while also accommodating a mix of other
housing types. It is the goal of the Town of Nags Head to
require the construction and maintenance of high quality
housing. It is the goal of the Town of Nags Head to minimize
conflicts between residential uses and other uses both within
and between zoning districts, protecting the residential nature
of the Town.
1. Compatibility and mixture of housing types
• While single-family homes are the primary form of accommodation,
the Town shall seek to encourage a wide range of compatible
'
accommodations and housing densities for our residents, workers,
and visitors.
2. Housing density
i.
The Town shall not increase the allowed densities of dwelling units
in the Town.
'
• The Town shall not reduce the minimum lot size in any zoning
district.
3. Single-family
• The primary form of accommodation for both residents and visitors
shall be the single-family home. The Town does not wish to become
'
a community of high density, high rise hotels and condominiums.
4. Impacts on abutting properties (noise, litter etc.)
• The Town shall consider measures to reduce the impacts caused by
high occupancy rentals and seasonal rentals, and particularly, the
rental of large single-family homes on neighboring property and
municipal services.
5. Buffering
• The Town will consider developing additional buffering regulations
where commercial uses/zones abut residential uses/zones.
6. Historic District
• The Historic "district" is an irreplaceable resource for Nags Head and
the Town shall carefully review any land use request or amendment
for compatibility with the "district" and the "Nags Head Image".
'
Land and Water Use Plan 2000 147

Chapter 15. Housing
7. Size, age, quality, and the Nags Head image
• As the existing housing stock ages, the Town shall consider
incentives and regulations to help ensure that the replacement
housing stock is in keeping with the "Nags Head image".
• The Town shall not increase and shall consider reducing the amount
of land zoned commercial.
8. Affordable housing
• The Town recognizes affordable housing as an important issue and
supports a regional approach in attempting to resolve the affordable
housing dilemma.
Land and Water Use Plan 2000 148

Chapter 16.
Visual and Aesthetic Resources
Introduction
Traditionally, the Town of Nags Head has been considered a family beach, a
vacation spot where families can come and enjoy themselves without worrying
about traffic, congestion and noise. People have come to Nags Head for years in
order to get away from such problems of city life. A primary reason people are
attracted to Nags Head is the aesthetic and visual quality of the environment,
including its beaches and open space, and the relative low density of its
development. Many of these aesthetic and visual resources are changing and
will continue to change as population and growth pressure increases. As more
development occurs, and as filling of vacant areas progresses, the visual
spaciousness of the Town will decline. The increase in commercial
development, along with the signs, lights, noise, and other features which
accompany such uses, may also lead to deterioration of the aesthetic qualities of
the Town.
Open Space
The results from the 1990 and 1996 land use plan surveys illustrate the
importance of open space. Respondents' first and foremost desire, and they
were willing to pay for, preservation or acquisition of open space-68 percent in
1990 and 66 percent in 1996. They want to maintain open spaces along the
ocean, the sound and in forested and vegetated areas.
Typical areas of public open space include Jockey's Ridge State Park, Nags
Head Woods, along rights -of -ways and the public portion of the ocean beaches.
In addition, a large portion of land in Nags Head Woods is owned by the Town,
the Nature Conservancy, or both and is protected from development and will
remain as open space. See chapter 18, Nags Head Woods for a detailed
description of the Town -owned property in Nags Head Woods.
Historic District
The design and architecture of structures built in the Town also influence the
aesthetics of the Town and should be viewed as visual and cultural resource to
be guarded. As construction and development in the Town continue there is no
assurance that architectural styles and the built environment in general will be
Land and Water Use Plan 2000 149
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1
Chapter 16. Visual and Aesthetic Resources
pleasing to the eye. A particularly important question is whether future
development and growth will jeopardize existing historic and architecturally
significant structures in the Town. More specifically, a sizable group of historic
beach cottages exists in the Town, built shortly after access from the mainland
became available. This area extends approximately 0.9 mile, lying north of the
Town Hall, and includes some 60 houses. Many of these houses are on the
National Register of Historic Places. Most of the homes are still in the
ownership of the original families. The houses are of an easily identifiable
architectural style with wood siding, two stories on the main frame and quarters
extending like an "12'to South Virginia Dare Trail (NC 12).
Historic and architecturally significant buildings can be adversely affected, both
directly and indirectly, by a large number of activities. All construction projects
have the potential to require the demolition of important, though simple,
structures on a site as well as to alter the use of nearby land thereby causing
secondary impacts to a building of historic or architectural importance. Most of
these historic structures are in the R 1 Zoning District and east of South
Virginia Dare Trail (NC 12). On the west side of South Virginia Dare Trail (NC
12) is the Town's C-2 General Commercial District. Zoning would permit a
service station to be built opposite one of these historic homes. In addition,
destruction of the old structures and new construction is frequently unnecessary
as existing buildings can be renovated for adaptive reuses; often these are uses
quite different from the use intended at the time of a building's construction.
Rehabilitation is more energy conservative and job intensive than new
construction, and recycles elements of the coastal historic character into
everyday use.
During the summer of 1997, the Nags Head Board of Commissioners requested
that staff survey the owners of historic properties to determine if there was
interest is in the historic district community for the Town to develop measures
for the preservation of these historic structures. The Town will not take any
affirmative actions to preserve these historic structures until they receive
support from the affected property owners. The outcome of that survey did not
result in any clear course of action supported by a majority of the owners of
these historic structures.
Town -wide, considerable, though far from unanimous, support for the
establishment of a historic district in this area was expressed in the 1984 Land
Use Plan Survey. In the 1990 survey, when asked if a citizens' task force should
look into the merits of historic preservation, 81 percent of the respondents
agreed with this statement. In the 1996 survey, 83 percent of the respondents
felt that old historic structures is important in preserving the Nags Head Family
Beach Atmosphere.
In 1998, the Town amended its Zoning Ordinance to encourage houses on the
National Register with maids' quarters greater flexibility in preserving and
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Chapter 16. Visual and Aesthetic Resources
improving these structures. With this change, these maids' quarters are now
considered conforming uses and can be improved and repaired.
Architectural Review
Many of the newer subdivisions in Nags Head have established architectural
review committee to review, comment and approve the aesthetic appearance on
the buildings when they are proposed. The Village at Nags Head is the largest
development in the Town which requires review and approval by an
architectural review board. Architectural review boards or committees address
and enforce aesthetic elements and concerns. Some communities have
established appearance boards which help encourage architectural and aesthetic
compatibility.
Cultural Resources
' The North Carolina Division of Archives and History has identified several
archaeological sites and archaeologically sensitive areas in Nags Head. Most of
these sites occur along the sound shoreline and some are within Jockey's Ridge
State Park. Most of these areas are included in the "Conservation" land use
classification.
Beautification
In an attempt to address beautification concerns along US 158, the Town in
1991-92 developed a landscaping corridor plan designed to improve the visual
' image along US 158. The plan recommends specific actions for consideration
by the Town to improve the visual image along the major roadways in Town.
As a follow-up to that plan the Town applied for and received several grants to
install vegetation at selected sites along US 158. In 1993, the Town developed
and distributed a brochure, Nags Head Naturally, designed and written to
encourage property owners and developers to recognize the benefits of
I
preserving existing natural vegetation.
• Natural Topography and Vegetation
' A major part of the attraction of Nags Head is due to the Town's
predominance of open space, natural topography, and natural vegetation. The
Town has adopted numerous regulations which are designed to preserve
dunes, topography, and vegetation. In two zoning districts—SPD-20 and
SED-80—numerous regulations require the preservation of topographic
features and trees. In addition, the Town regulates the removal of the Town's
Iofficial tree, the live oak under certain development conditions.
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Chapter 16. Visual and Aesthetic Resources
Citizen's Advisory Committee
The Nags Head Board of Commissioners has appointed a Citizens Advisory
Committee (CAC) to act as a liaison between the elected board and the citizens.
The CAC has the following charge: (a) Provide a mechanism for exchanging
information and ideas from the citizens to the Town government and from the
Town government to the citizens; (b) Identify, analyze, develop, and propose
options for solving concerns and problems; (c) Advise and aid the Board of
Commissioners in its ability to provide the most effective services to citizens
and visitors to the Town; and (d) Make informed and specific recommendations
to the Board of Commissioners, e.g., major items in the Town budget, long
range plans, land use matters. Currently, this committee is working on ways to
preserve the "Nags Head" image, through voluntary incentives, community
appearance, and architectural review concerns.
Goal. The goal of the Town of Nags Head is to retain our natural
environment, typified by open space, salt tolerant vegetation,
I
sand dunes, and maritime forests, as well as our rich
architectural heritage.
1. Open space preservation
Open space and green space are important elements in the Nags Head
image. The Town will inventory open space and develop and
implement a plan to acquire and preserve open space throughout the
Town.
The Town shall actively pursue grants and funding opportunities such
as PARTF for the acquisition of open space and green space.
2. Jockey's Ridge State Park
• The Town recognizes that Jockeys Ridge State Park is a valuable
asset to the Town and region and will work with State Parks on
mutually agreeable programs and projects.
'
3. Nags Head Woods
• Nags Head Woods represents a valuable and irreplaceable natural
resource and environment. The Town shall prohibit any use which is
detrimental to the natural ecosystems in the Woods.
4. Public beaches
The Town shall take measures to ensure that the ocean beach is
accessible and useable. The Town shall take a proactive role in
policing and cleaning the beach both routinely and after storm events.
'
Land and Water Use Plan 2000 152

' Chapter 16. Visual and Aesthetic Resources
' 5. Commercialization and franchising of the beach
• The Town shall not permit nor allow any commercialization of the
ocean beaches or waters nor allow any commercial activities to occur
on the public beach.
6. Overhead utility lines
' It shall be the policy of the Town to work with any regional effort to
place existing overhead utility lines underground
' 7. Historic District
• The historic district represents an irreplaceable part of the Nags Head
image and past. The Town shall carefully consider any proposed land
use change -not only within the district, but near by that would
diminish the uniqueness of the homes in the district.
• The Town will promote the creation of a historic district to preserve
'
the historic beach front cottages but will not establish such a district
until a majority of the affected property owners support it.
• It shall be a policy of the Town not to burn historic structures and to
'
encourage the preservation of historic buildings to help maintain
community character.
8. Architectural review
• The Town shall continue to work with the citizens and the Citizens
'
Advisory Committee on initiatives designed to help preserve the
architectural heritage and appearance of Nags Head.
9. Archaeological sites/sensitive areas
The Town views the preservation of archaeological sites as an
important part of our history and will not participate in the
destruction of any significant archaeological site.
'
10. Preservation of vegetation
• The Town values the preservation of existing vegetation and trees
and shall vigorously enforce all existing applicable regulations and
laws.
11. Community appearance
'
The Town shall continue to address community appearance concerns
through the existing boards (Planning Board, Citizens Advisory
Committee and Board of Commissioners). The Town shall work
toward developing incentives designed to enhance, promote and
protect the Town's architectural image and heritage.
Land and Water Use Plan 2000 153

IChapter 16. Visual and Aesthetic Resources
' The Town will consider the creation of an Appearance Commission
and or a Corridor Commission to promote the general appearance of
the Town.
12. Preservation of dunes and topography
• The Town views the preservation of dunes and topography as an
' important component in the Nags Head image and shall strictly
enforce the existing applicable rules and regulations and seek
additional measures as needed to preserve as much of the natural
topography as possible.
13. Damage oceanfront structures
' The Town recognizes that damaged homes and structures on the
oceanfront represent a nuisance, eyesore and visual blight and the
Town shall take appropriate measures to abate this nuisance.
P
n
Land and Water Use Plan 2000 154

Chapter 17.
Recreation and Open Space
Open Space and Shoreline Access
The availability of recreational resources is a primary reason that Nags Head is
' an attractive place in which to live and vacation. As population and
development increases, recreational opportunities must keep pace. Clearly a key
recreational resource is open space. It is important for visual and aesthetic
' reasons such as those discussed in the previous chapter (Chapter 16. Visual and
Aesthetic Resources). Here we are concerned with open space which can be
used for more active recreational purposes.
Obviously in a barrier island community such as Nags Head, recreation and
' open space are intimately tied to beach and shoreline access and use. Even
though considerable amounts of wet -beach areas may exist for public use, such
areas will not satisfy future recreational needs if additional space and sufficient
public access points are not provided. As growth and development occur the
capacity and adequacy of the public beach and existing access points will likely
decline.
Ocean Access
In an attempt to determine how many people are on the ocean beach, the
Town's Ocean Rescue personnel estimated the number of beach goers at one
time in the day during the months of June, July, and August. During the month
of June 1997, there were approximately 74,368 people on the beach (including
Regional Accesses) during the count. In July there were 291,110 and August
the count was 239,970. From Labor day through October 15, there were 28,453
people on the beach during the count north of Jennette's Pier, and 23,546
people south of the Pier. Counts are also made at stationary lifeguard stations at
the Town's regional bathhouses/accesses at Bonnett Street, Epstein Street, and
at Hargrove Street. The counts are shown in Table 17-1.
Land and Water Use Plan 2000 155

Chapter 17. Recreation and Open Space
Table 17.1. User counts at the regional bathhouses
Jun-97
Jul-97
Aug-97
Total
Daily Avg
Bonnett Street 3,325
8,945
6,527
18,797
209
Epstein Street 3,252
6,780
6,725
16,757
186
Hargrove Street 1,894
4,255
3,270
9,419
105
The Town currently has 28 ocean access areas, of which, three are regional
bathhouses. Regional bathhouses have larger parking areas, restrooms, showers,
and usually lifeguards during the season. These are listed in table 17.2
In the 1996 Land Use Plan Survey, citizens were asked several questions about
our current mix of ocean access opportunities. Sixty-two percent felt that we
did not need any more large ocean access sites, 55 percent felt we needed more
small ocean access sites and 56 percent felt that the Town had the right mix of
large and small accesses. Table 17.2 lists the current access site and recreational
amenities proved by the Town.
Estuarine Access
Since 1990, the Town has added several soundside recreational amenities,
namely, the Nags Head Causeway Estuarine Access and Interpretive Center site
and the pier and restrooms at the Little Bridge site. The Little Bridge site was
designed to helps meet the needs of tourists and sport fisherman that use either
the catwalks on the Little Bridge or the area alongside Muddy Channel. The
Town maintains two other estuarine access sites, one Town owned facility at
Danube Street, and another one on the soundside area of Jockey's Ridge State
Park which the Town has a management agreement with North Carolina State
Parks to operate.
In the 1996 Land Use Plan Survey, respondents were asked to rank six possible
amenities for soundside areas. Swimming and wading ranked first, nature parks
and trail were second, followed by (in order) fishing and crabbing
opportunities, non -motorized boat access, motorized boat access, and lastly,
public windsurfing areas. When asked if they would be willing to pay higher
taxes, only 47 percent of the respondents would be willing to pay higher taxes
or fees for either ocean beach access areas or soundside access areas. As more
and more people use the Sound and ocean for various uses, conflicts may arise.
One area of concern which has drawn much attention over the last few years
has been that of the use of personal watercraft (PWCs). For a review of the
PWC concerns, please see Chapters 7 and 8, the "Beach and Sound Plans" and
Chapter 22, Special Development Issues
Aside from the increased use of personal watercraft in the Sound, the Town has
also seen a vast increase in other estuarine recreational uses and opportunities.
Along with the rental of PWCs, there has also been an increase in the numbers
Land and Water Use Plan 2000 156

C
Chapter 17. Recreation and Open Space
of rentals and use of other types of boats and wind driven sail boards. While
there are occasional conflicts with these other recreational uses in the Sound,
the demand and intensification of certain activities will necessitate the need for
a more comprehensive approach by the Town for dealing with the various types
of developing and expanding recreational uses. As an example, conflicts
between users may arise when PWCs, motor boats, sail boats, windsurfers or
kayaks users are operating in the same general area in the Sound at the same
time. (See also Chapters 7, 8, and Chapter 22.)
Table 17.2. Recreational facilities summary
# Parking
Cross
Sand
Name
Spaces Category'
Light
Walk
Path
Restrooms
Ocean Access Sites
Eighth Street
20
N
Y
Y
Albatross Street
8
N
Y
Abalone Street
21
N
Y
Y
Y
Barnes Street
17
N
Y
Y
Blackman Street
17
N
Y
Y
Y
Bonnett Street
71
R
Y
Y
Y
Y
Bittern Street
17
N
Y
Y
Bladen Street
11
N
Y
Y
Y
Bainbridge Street
16
N
Y
Y
Hollowell Street
14
N
Y
Conch Street
20
N
Y
Y
Y
Small Street
0
L
Y
Y
Dowitcher Street
14
N
Enterprise Street
14
N
Y
Y
Y
Loggerhead Beach Access
23
N
Y
Y
Municipal Complex
15
N
Y
Y
Epstein Beach Access
46
R
Y
Y
Y
Y
Forrest Street
18
N
Y
Y
Y
Glidden Street
14
N
Y
Y
Y
Gull Street
12
N
Y
Y
Y
Gray Eagle Street
24
N
Gulfstream Street
22
N
Y
Y
Y
Governor Street
18
N
Y
Huron Street
25
N
Y
Y
Holden Street
21
N
Y
Y
Hargrove Street
48
N
Y
Y
Y
Y
James Street
0
L
Y
Y
Y
Juncus Street
20
N
Y
Y
Y
Estuarine Access Sites
Jockey's Ridge State Park
24
N
Y
Y
Y
Danube Street
15
N
Y
Y
Y
Nags Head Causeway
20
R
Y
Y
Y
Estuarine Site
Little Bridge
39
Y
Y
Y
Land and Water Use Plan 2000 157

Chapter 17. Recreation and Open Space
Other Recreational Sites Parking Restrooms
Spaces
Nags Head Woods Family Area 25 Y
and estuarine trail head
• Handicapped accessibility, covered pavilion, playground, grassy field, basketball
goal
Nags Head Woods (670-acre maritime forest)lThe Nature Conservancy
• Access through The Nature Conservancy (TNC) on Ocean Acres Drive in Kill Devil
Hills
• Various trails through Town and TNC property
South Nags Head Multi -use Pedestrian Path
• 4.75-mile, concrete multi -use path from Whalebone Junction to the southern Town
limits.
' L-Local; N-Neighborhood; R-Regional
• Conventional Recreational Amenities
Nags Head Woods Family Area. In 1994, the Town completed The Nags Head
' Woods Family area. This three -acre parcel is located off Health Center Drive
and adjacent to Nags Head Woods. This family area contains a picnic pavilion
with restroom facilities, a 25-car parking lot, a grassy field, and a tot lot along
' with playground equipment for older children. The site also serves as a
trailhead for a trail leading through Nags Head Woods to the Sound.
Jockey's Ridge State Park is a great recreational amenity in Nags Head. It
' provides a vast amount of open space and rigorous terrain for hikers. Currently,
the State owns 417 acres in and around Jockey's ridge. The soundside portion
of the park contains an access site with 24 parking spaces. The access was
constructed by the Town in 1991-1992 to help meet the demands for estuarine
access. The access site is operated and maintained by the Town and represents
an excellent opportunity for the public to visit the Sound.
The main park facility is accessible only off South Croatan Highway (US 158)
and consists of a parking area, various buildings, park headquarters and a
visitors' center. In 1997, a 7,000 square foot building expansion was completed
' and contains a concession building, a new visitors' center and expanded
parking. The visitors' center contains the park ranger's office, a 75-seat
auditorium, and a 1,200-square-foot exhibit area. Total parking on the site is
' 261 spaces.
Multi -Use Path. The Town places a high value on pedestrian and bicycle
opportunities. In 1995, to accommodate the needs of pedestrians and bicyclists,
' the Town used funding from NCDOT and the Dare County Tourist Bureau to
completed a 4.75 mile multi -use path extending from Whalebone Junction to
the southern limits of the Town.
ILand and Water Use Plan 2000 158

L
Chapter 17. Recreation and Open Space
0 Attitudes Toward Traditional Recreational Facilities
The need for other more traditional recreational facilities will expand as the
Town continues to grow. From the 1989 draft Comprehensive Ocean and
Estuarine Access and Recreation Plan the following recreational improvements
were selected as important if the Town were to build a Town Park: jogging and
walking trails, natural areas, picnic tables and shelters, bike trails and tot
lots/playgrounds.
For the 1990 Land Use Plan Survey, respondents were asked to rank six
possible recreational activities in terms of importance. Nature park was first,
swinuning/wading was second, and, fishing/crabbing third, followed by non -
motorized boat access, windsurfing and lastly motor boat access. In 1996, when
a similar question was asked, swimming/wading was first, nature park and trails
second, fishing/crabbing opportunities third, followed by non -motorized boat
access, motorized boat access and, finally, public windsurfmg areas.
Recreational Planning
Bicycle and pedestrian. To comprehensively plan for bicycle and pedestrian
opportunities, in 1997, the Town developed a Nags Head Pedestrian
Transportation Plan. In the 1996 Land Use Plan Survey, 74 percent of the
respondents were willing to pay higher taxes or fees for bikeways and multi -use
pedestrian ways. Respondents from the 1996 Land Use Plan Survey were also
asked about the need for bikeways and sidewalks. Opinion was somewhat
consistent on this issue, with 74 percent indicating a need for bikeways and
sidewalks and 64 percent willing to pay higher taxes to finance such
improvements.
Recreation Committee. In 1997 the Town established a Recreation Committee
to comprehensively address recreation needs throughout Town. The committee
utilized the results from the mail survey and as input from citizens to work
toward the development of both short term and long range plans to address
recreational needs within the Town. A part of this planning process is the
development of a master plan for the Town that must meet planning criteria
necessary for participation in the North Carolina Parks and Recreation Trust
fund grant process. This committee reviews and recommends future recreation
improvements for the Town. The committee also works with staff to identify
additional recreational funding opportunities as they arise and apply for grants
when needs have been identified.
In early 1998, with input from the Recreation Committee and Citizens at a
public meeting, the Town decided that the uses for a recreational site should
include an indoor facility with a pool, an outdoor skateboard park/facility, and a
jogging trail. These three items were included in the Town's delayed
development plan as part of an application to the NC Parks and Recreation
Authority (PARTF). In the spring of 1998, the Town was awarded a $250,000
Land and Water Use Plan 2000 159

k
1
Chapter 17. Recreation and Open Space
grant for the acquisition of a 10-acre tract (the TWEACR tract) to be used for
these approved activities.
Goal. The goal of The Town of Nags Head is to encourage the
recreational use of our shorelines in ways compatible with
adjoining land uses. It is also a goal of the Town to provide a
variety of opportunities for non water based passive and active
recreation.
1. Access -general
• The Town of Nags Head will provide an adequate mix of ocean and
estuarine access sites to meet the needs of residents and summer
tourists. Access development shall be met through pedestrian access
ways, and neighborhood and regional beach access sites.
2. Ocean access, neighborhood
• The preferred types of ocean access shall be pedestrian and
neighborhood accesses.
3. Ocean access, regional
• The Town shall consider additional regional access sites when a
demand has been demonstrated.
4. Estuarine access
• As recreational uses in the sound become more popular the Town
will actively consider the development of new sites designed to
accommodate a wide range of users.
5. Personal watercraft (PWC)
• The Town will not provide estuarine access for PWC's. The Town
shall not increase and shall consider reducing the number of
commercially rented PWC's and PWC businesses.
• The Town will not permit the rental of PWC's for use in the Atlantic
Ocean.
• The Town supports new PWC technology that improves emissions
and maintains estuarine water quality.
• The Town shall develop educational measures to inform operators of
PWC's of the laws and regulations concerning the safe operation of
these watercraft.
6. Nags Head Woods
• The Town shall actively work with the Nature Conservancy to
increase the recreational and educational utilization of the Town and
Conservancy owned portions of the woods.
Land and Water Use Plan 2000 160

' Chapter 17. Recreation and Open Space
7. Multi -use path
• The Town shall actively pursue development and funding
opportunities for extension of the multi -use pedestrian path.
• The Town shall prioritize the implementation of the Nags Head
Pedestrian Transportation System Plan" adopted on November 6,
' 1996.
8. Traditional recreational amenities
' • The Town shall actively plan and seek funds for the development of
traditional recreation uses as the needs are identified.
• The Town shall consider acquiring and developing small
neighborhood recreation areas as funds become available.
9. Recreational planning and Recreation Committee
' To adequately plan for the recreational needs of the Town, the Town
has established a Recreation Committee. The Recreation Committee
shall recommend recreational needs and develop recreational plans as
requested by the Board of Commissioners.
10. Funding recreational improvements
ril
• The Town shall track and shall apply for grants including North
Carolina Parks and Recreation Trust Fund (PARTF) and other
funding opportunities as needed.
11. Dare County Master Recreation Plan
• The Town shall work with the County in the development of a
Countywide Master Recreation Plan.
12. Recreation sites and Town Park
• The Town shall actively pursue development and funding for
identified recreational facilities.
13. Jockey's Ridge State Park
• The Town supports the current mix of recreational uses at Jockey's
Ridge State Park. The Town supports additional educational and low
intensity activities like nature trails and kite flying uses of the Park.
The Town will oppose the expansion of high intensity activities.
Land and Water Use Plan 2000 161

IChapter 18.
' Nags Head Woods
' Features of Natural Area
The Nags Head Woods is an irreplaceable maritime forest occupying the
northwest portion of Nags Head and is located in the SED 80 zoning district.
The Woods includes the Fresh Pond (water supply), large stable marshlands,
large vegetated and unvegetated sand dunes, and a forest with ponds and
' wetlands. The Woods was the home of the first settlers. Its ecological
significance has been amply documented in terms of rare species and natural
communities. The Woods is one of a few remaining maritime forests in North
' Carolina and consists of ecologically important marshlands, pine hummocks,
bay forest, the ridge, hardwood and pine forests, ponds and dunes. Each part of
the system is important to the whole, although the least adverse environmental
impacts would result from development in the bay and hardwood forests away
' from the ponds and ridges. The Woods is also environmentally significant
because of its natural role in the integrity of the coastal region.
To protect the Fresh Pond as a source of potable water, the Town in the 1960's
acquired 318 acres of land area primarily west of the pond. Conditions of the
acquisition were that the area remain as a watershed and that the area would not
be subject to development, thus protecting the water quality in the Pond.
To further protect the woods, in 1987 the Town revised its Zoning Ordinance
and adopted a comprehensive set of zoning regulations for the protection of
' Nags Head Woods. These ordinances permit primarily single-family housing
and include regulations to ensure that the function and character of the maritime
forest will be preserved.
' In 1992, the Town, in cooperation with The Nature Conservancy (TNC),
purchased 386 acres in Nags Head Woods. This tract was commonly referred to
as the RTC tract, the Great Atlantic Savings Tract or the Tillett Tract. The
t property was acquired by the Town and The Nature Conservancy to be
managed as a natural area and nature preserve. When the property was
acquired, the federal government designated the tract as part of the Coastal
' Barrier Resources Act, and in doing so, federal flood insurance will not be
available for any development which may occur in this tract. In 1997, the Town
offered Articles of Dedication to the State of North Carolina for most Town
' Land and Water Use Plan 2000 162

IChapter 18. Nags Head Woods
owned property in Nags Head Woods. The offer was accepted, and this area is
now dedicated in perpetuity as a nature preserve.
' The SED 80 District is 972 acres in area. Of this acreage, 303 acres are owned
by. the Town, 386 jointly owned jointly by the Town and TNC, and 27.5 acres
is owned by TNC, thus approximately 73 percent of the land in Nags Head
Woods (SED-80) is owned by the Town and TNC. Most of the land owned by
' the Town and the hiking trails are managed through a cooperative agreement
with the Nature Conservancy
' The existing land uses in the Woods are limited to nine residences and one
former farm site. The remainder is in its natural state. The current management
system to protects environmentally sensitive features, the water supply, and
1 visitors from natural hazards. The marshes may fall under protection by the
Coastal Resources Commission through an AEC permit and/or by the Corps of
Engineers permitting process. Town zoning and land use regulations are
designed to prevent the filling of wetlands in certain areas. Development near
the Fresh Pond which forms the public water source is also limited by the
Zoning Ordinance and AEC regulations which restrict septic systems to one per
' acre within 1,200 feet of the edge of the Pond and prohibits their use within 500
feet of the edge of the Pond.
Future Development
Due to the remoteness of the area, the fact that any new subdivision of land
would require the construction of a paved road from an existing street in Nags
' Head and the fact that town water would need to be brought in, any future
subdivision of the land into 80,000 square foot lots is unlikely. However,
there are two parcels which could meet the State subdivision exemption for
' lots greater than 10 acres. This State exemption would result in a net increase
of three lots. In total there are 28 lots which meet the town's current
standards (for land area or conforming lot of record status) for single-family
houses. Currently there are nine single-family dwellings in SED-80. Access is
either provided by private agreement through an access driveway near the
Villas Condominiums or by the only public road —Nags Head Woods Road
' from Kill Devil Hills.
Nags Head Woods represents a significant, limited and irreplaceable area where
management is needed to protect the natural, cultural, recreational and scenic
' features. The presence of the Woods in Nags Head makes the region a desirable
place in which to live, work and visit.
Goal. The goal of Nags Head is to protect the natural integrity of
Nags Head Woods as a unique and important natural area and
'
to promote Nags Head Woods as an area for environmental
education.
Land and Water Use Plan 2000 163

J
' Chapter 18. Nags Head Woods
'
1.
Irreplaceable maritime forest
The Town recognizes that the Nags Head Woods maritime forest is
an irreplaceable resource and will diligently enforce existing Town
regulations to protect the resource.
The Town will carefully consider any proposed zoning change to
determine what, if any, negative impacts would result from such a
'
proposed change.
2.
The Nature Conservancy
The Town values it partnership with The Nature Conservancy and
will continue to work cooperatively in developing a management plan
for Nags Head Woods.
The Town will bear its fair share of the costs of operating Nags Head
Woods Preserve including necessary research to develop strategies to
ensure the long term survival of Nags Head Woods.
3.
Area of Environmental Concern (AEC) designation
• The Town shall pursue the designation of Nags Head Woods as an
Area of Environmental Concern (AEC).
4.
Articles of Dedication
• The Town will complete the work needed to dedicate the appropriate
Town owned areas to the State of North Carolina as a nature preserve.
5.
Old Nags Head Woods Road
• The Town shall work with the Nature Conservancy in the
development of environmentally sensitive standards for the use,
protection and maintenance of Old Nags Head Woods Road.
6.
Water
' The Town shall continue to promote and monitor studies regarding
the drawdown effects if any, that water production at Fresh Pond may
have on the fresh water ponds, wetlands and the entire ecosystem of
' Nags Head Woods.
7. Hunting
' The Town shall not allow the discharge of firearms within the Town.
The Town shall work with the Nature Conservancy and the North
Carolina Wildlife Commission when appropriate in establishing
' hunting rules for the management of deer populations in Nags Head
Woods.
' Land and Water Use Plan 2000 164

Chapter 18. Nags Head Woods
8. Environmental education
• The Town supports the Nags Head Woods educational program and
will make Town resources available to the support the program.
Land and Water Use Plan 2000
165

I
1
r
Chapter 19.
Fire and Police
Protection
Introduction
As the Town of Nags Head grows, the need for additional fire and police
protection will increase. Heightened development patterns, such as larger rental
cottages with occupancies into the thirties and large commercial structures,
have created new and different fire and police protection needs. These larger
houses, coupled with the increase in visitors to Nags Head, have resulted in an
increase in the number of emergencies responded to by the Fire and Police
Departments. As visitation continues to grow Countywide we can expect to see
increased traffic on US 158 and NC 12 as well as increased traffic accidents
within the Town.
Fire Prevention
The Fire Department recognizes the need for the town's commercial structures
to meet or exceed the current Town and State of North Carolina Fire Code
Standards. To address this need, the Fire Department has implemented a
proactive fire prevention, fire mitigation and fire inspection program to ensure
that commercial structures meet or exceed these current fire code standards.
This program is designed to reduce the number of actual structure fire
emergencies. The Town continues to evaluate the program's effectiveness and
will make changes when necessary to increase efficiency in providing fire
prevention, mitigation and emergency response fire and ocean rescue services.
In addition to the career staff, the Fire Department is assisted by numerous
volunteer forces
Ocean Rescue
The Fire Department Ocean Rescue Division provides ocean rescue services
throughout the Town. The Town also contracts lifeguard services to the Towns
of Southern Shores and the National Park Service. The Ocean Rescue Division
provides water rescue service from April through October. During the summer,
Nags Head beaches are patrolled by lifeguards on all terrain vehicles as well as
at fixed stands at some of the more heavily used access sites. As the Town and
County continues to grow, the beaches will subsequently become more
Land and Water Use Plan 2000 166

I
' Chapter 19. Fire and Police Protection'
crowded and the need for additional lifeguards and the methods of providing
this service will need to be addressed.
Police Protection
The need for police protection in the Town can also be expected to increase as
' the Town and County continue to grow. Currently the Police Department is a
small one, usually with no more than two or three patrol officers on duty at any
one time. According to the Police Department, commercial areas tend to
' generate higher levels of crime than residential areas. Consequently, the
expansion of commercial uses indicates that the Town could expect an
increased need for police services in these areas. The increase in the number of
residents and visitors in the Town, along with the increasing amount of
' development may require the Town to expand the level of police personnel and
resources in the future.
The Police Division is divided into three areas: Patrol, Criminal Investigations,
and Animal Control. The Police Division operates as a professional, full service
law enforcement agency that has adopted the goals of Community Policing and
Community Oriented Government as its way of providing police services to the
citizens and visitors to Nags Head. In an effort to both prevent and reduce
crime, the Police Division has established effective partnerships with the
business and the professional community and the residential community
through the Community Watch Association Program.
Animal Control
The Animal Control Division is responsible for the operation of animal control
and protection programs as well as enforcing the leash law in the Town. The
animal control officer routinely patrols the neighborhoods as well as the ocean
beaches. The Animal Control Division will also be working with the US Fish
and Wildlife Service in extending their turtle protection, monitoring and
recognition program.
Off -road driving
The rules regarding off -road driving and driving on the ocean beaches are
enforced by the Town's Police Department. The Town allows, by permit, the
driving of four-wheel drive vehicles on the ocean beaches from October 1
through April 30. During the summer, only the police, emergency vehicles, and
commercial fishermen (with permits) are allowed to drive on the beach. The
Town also prohibits driving on ocean dunes at all times. In addition, the Town
' prohibits the off -road driving of motor vehicles and all -terrain vehicles within
the Town.
' Land and Water Use Plan 2000 167

n
P
1
Chapter 19. Fire and Police Protection
Growth and Zoning Issues
An important concern generated by our coastal environment is the effect that
actual development or design has on fire and police safety. Given the Town's
particular coastal weather conditions (i.e. strong winds) and the fact that certain
types of development, such as oceanfront hotels and motels present a
formidable task in fire protection, additional fire protection measures may be
needed. For example, fighting a hotel structure fire on the oceanfront from the
sand beach represents challenges to the fire fighting capabilities of the Town.
To address some of these concerns the Town has adopted zoning regulations
which would require that a paved access be provided around hotel, motel and
multifamily development throughout the town. The materials used in
construction, the design and layout of structures, e.g., sprinkler systems, all
impact the level of protection in the Town, and the need for expanded fire
service staffing and equipment. Similar observations apply to police protection.
Residential and commercial developments can be planned and designed to
achieve various levels of security and personal protection. For instance,
adequate lighting and the orienting of structures can provide better visibility
and security. As with fire protection, projects can also be designed to facilitate
conventional police protection, such as enhancing the ability of the police to
move from one neighborhood to the next, and requiring landscaping which does
not obstruct the view of police patrol officers.
Funding Fire and Police Capital Improvements
To help meet the capital needs resulting from growth for both the Fire and
Police Departments, the Town instituted facility fees in 1989. These fees are
now required for new development to pay a proportional share of projected,
new capital needs. Both departments also plan for additional needs through the
Capital Improvements Program. To satisfy the future fire and police protection
needs created by growth the Town annually addresses capital improvement
projects plans through the Capital Improvements Program (CIP) as well as
periodically reviewing facility fees, as well as other sources of funding.
[Note: Department of Public Safety -By action of the Board of
Commissioners a Department of Public Safety was created and established in
and for the Town of Nags Head effective July 1, 1998. The Department of
Public Safety now consists of the Police Division and the Fire and Rescue
Division.]
Goal. The goal of the Town of Nags Head is to protect its citizens and
visitors from the perils of fire and crime, and to ensure safe
oceanfront beaches by providing a well equipped and prepared
Department of Public Safety through sound land use planning
practices and community involvement
Land and Water Use Plan 2000 168

1 Chapter 19. Fire and Police Protection
' It is the policy of the Town to continually assess the police, fire and
rescue needs of the Town and to make personnel and resources
expenditures commensurate with the needs created by development
and the changing nature of the social environment.
• The Town will consider the impact on public safety during the review
' of site plans and during considerations for proposed changes to the
zoning ordinance.
• The Town encourages the use of sprinkler systems, stand pipes and
' the provision of fire lanes as important fire prevention measures
• The Town will seek community involvement and cooperation in the
provision of Police and Fire services through the Volunteer Fire
' Department, the Community Watch program, and proactive
community outreach in all divisions of the Public Safety Dept.
• The Ocean Rescue and Police divisions will work to ensure the ocean
beach is a safe environment for family vacation tourism.
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Chapter 20.
Solid Waste
Solid Waste Collection
The Town maintains its own collection system to pick up residential and
commercial garbage within Town. After the Town trucks picks up the garbage,
it is then deposited at a central transfer point on Roanoke Island. From there the
Albemarle Regional Waste Authority transports the garbage and disposes of it
in a landfill in Bertie County on the mainland. Several years ago the Town, in
cooperation with the other towns in the County, established contracts with Dare
County for waste disposal. The County has contracted with the Albemarle
Regional Waste Authority for the disposal of solid waste.
The Town currently uses two systems for collection, an automated system, and
a manual system. The automated system utilizes one truck which serves
approximately 1340 homes. The manual collect utilizes two trucks and collects
from 1,695 homes. The town currently uses four trucks for commercial pickup.
See Table 20.1. In early 1999, the Town will phase out the manual system and
replace it entirely with an automated system.
Table 20.1. Trash collection
Combined Residential and Commercial tons
and bulk tons
Tons
Bulk Tons
Recycled
1991
5640.20
175.20
304.84
1992
4852.48
150.24
299.56
1993
5796.78
104.81
302.75
1994
6992.56
138.12
306.95
1995
6315.52
89.10
421.04
1996
6843.67
102.38
422.21
Bulk tons represent roadside pickups of bulk items.
Solid Waste Management Plan
The Solid Waste Management Act of 1989 set a goal to reduce 25 percent of
solid waste being deposited in landfill sites no later than January 1, 1993.
Land and Water Use Plan 2000 170
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Chapter 20. Solid Waste
' Preferred State methods of waste reduction, in order of preference, are: waste
reduction at the source, recycling and reusing, composting, incineration with
energy production, incineration, and landfills. Another portion of this
' legislation requires local governments to initiate recycling programs by July 1,
1991. The act also will prohibit yard trash (January 1993) from being deposited
in landfills.
' In 1996, the North Carolina General Assembly passed HB 859 Solid Waste
Amendments. This legislation replaced the original bill which placed a
mandatory waste reduction requirement on all units of local government. The
' major provisions of this bill that apply to Nags Head are: (1) The Town must
assess its solid waste collection services and disposal capacity; (2) The Town
must develop a 10-year comprehensive solid waste management plan with a
waste reduction goal for 2006 (This plan must be updated every three years
with the implementation beginning July 1, 1997; and (3) We must establish a
solid waste reduction program. Nags Head joined with other municipalities and
Dare County in asking the Albemarle Regional Solid Waste Authority to
prepare the report for all of the participants on waste reduction. The report was
completed and adopted by the Board of Commissioners in June 1997. Another
' requirement of the bill is that the Town must provide for one advertised
meeting to solicit public participation on waste reduction.
Recycling
One major method of reducing waste is recycling. Our present recycling
program, which is completely voluntary, began in 1991 with the purchase of
one recycle trailer and the introduction of a commercial pick-up for glass,
paper, and cardboard. In 1992, the Town added a second trailer, and in 1994, a
third was purchased so that we now have three permanent "drop-off' sites and
' five sites around Town for use one day per week. The commercial program
collects from 46 businesses during the summer season. The percentage of
recycled material compared to the total waste amount was five percent in 1991,
rose to nine percent in 1993, and five percent for calendar year 1996, for an
' average of 6.3 percent. During 1996, the commercial program accounted for 40
percent of all recycled material and the remaining 60 percent came from all
other sources such as drop-offs and beach access sites. The total recycle
' collection/disposal for 1996 was 422.2 tons.
As part of the 1996 Solid Waste Amendments and Solid Waste Management
' Plan, the Town has set a waste reduction goal that can be realized at the end of
the next ten-year period. Two possible ways of significantly reducing solid
waste are through an enhanced commercial program or a curbside residential
' recycling program. The existing commercial program could approximately
double the amount collected with the addition of another truck, one full-time
employee, and a temporary employee. Assuming the commercial amount
' collected yearly doubled, this program could reduce solid waste by about five
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Chapter 20. Solid Waste
percent. In the event the Town were to establish a curbside residential program,
the costs would be from $291,858 to $348,916, depending on whether it was
performed in-house or contracted out, and could generate approximately 857
tons per year assuming 11 pounds per house, per week year round. This would
reduce the Town's solid waste by approximately 12 percent. Given the high
cost of these programs, the uncertainty of the recycle market, and the inability
of Dare County to handle a larger volume of recycables, the Town has set the
goal at a modest rate of seven percent for the next three-year period. As the
Solid Waste Management Plan must be updated every three years, the goal can
be changed in the future if new programs are initiated.
In the 1996 Land Use Plan Survey, 70 percent of the Town residents reported
that they would recycle at one of the Town recycling centers. In response to
various recycling programs, 63 percent would support a mandatory recycling
program, and 79 percent of the respondents would support a curbside recycling
program and 61 percent would pay higher taxes for a curbside program.
Goal. The goal of the Town of Nags Head is to provide for the most
effective and economical collection and disposal or recycling of
commercial and residential solid waste.
1. Solid waste collection
The Town shall provide the most effective and economical methods
for the collection, disposal, and recycling of solid waste.
2. Residential
The Town shall continue to investigate economical cost reduction
measures, including frequency of collection for the collection of
residential solid waste.
3. Commercial
The Town shall continue to investigate effective and economical
measures for the collection of commercial waste.
4. Recycle: residential
The Town views residential recycling as important, however at this
time the cost associated with street side or door to door recycling is
excessive.
5. Recycle: commercial
The Town will continue to provide, within reasonable, economical
means, the onsite collection of commercial recyclable material.
• The Town will continue to provide the onsite collection of commercial
recyclable material when the volumes collected provide substantial
environmental benefit.
Land and Water Use Plan 2000 172

Chapter 20. Solid Waste
6. Private streets
The Town shall work towards the utilization of dumpsters on private
streets where conditions warrant.
7. Solid Waste Management Act
The Town supports the provisions in the Solid Waste Management
Act.
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Chapter 21.
Public Participation and
Intergovernmental Coordination
Need for Public Participation and Coordination
Crucial to any democratic process of land and water use planning is continuous
public participation. As the community grows, the traditional one-to-one
channel of communication is often made difficult. At the same time growth and
change in the community further increase the need for such public involvement
in several ways. First, the number and magnitude of the land and water use and
community problems in a high growth situation make citizen input and
involvement all the more important. Thus the problems confronted are more
difficult and more in need of the direction citizen participation can provide.
Second, citizen involvement is more important in a dynamic community
because there is less certainty about the fundamental desires and attitudes of the
residents.
Difficulties Encountered
An effective citizen participation program in Nags Head is hampered by several
factors. Because Nags Head is a highly seasonal community, practical
difficulties exist in assessing the attitudes and desires of non-resident property
owners. In an attempt to determine residency status, the 1996 survey asked a
question on residency. Twenty-four percent of the respondents were residents
of Nags Head while 51 percent were non-resident property owners. Twenty
percent were part-time residents and five percent were "other." In total, 24
percent of the respondents indicated they were residents and 76 percent
indicated they were non-residents. Thus the ratio of non-resident to resident is
3:1. Moreover, even if the difficulties of contacting these individuals are
overcome with the use of surveys and questionnaires, useful participation on an
ongoing basis is quite difficult. Many of these individuals are indifferent to
planning issues that may not appear to have implications for them in the short-
term. The challenge to the Town of Nags Head is to maintain an ongoing
citizens' participation program which recognizes and overcomes, to the extent
possible, these unique limitations. The Town's Citizens Advisory Committee
represents a wide cross-section of citizens which meets on a bi-monthly basis,
and has successfully overcome many of these difficulties.
Land and Water Use Plan 2000 174

Chapter 21. Public Participation and Intergovernmental Coordination
' Currently, the Town encourages public participation and awareness in
government activities through questionnaires, newsletters and public meetings.
The public is notified well in advance of the times and agenda of the Planning
Board and Board of Commissioners meeting and the public is encouraged to
attend. A list of meeting dates and workshops held for the development of this
plan appears at the end of the plan following Chapter 25.
I I
In a continuing attempt to keep citizens informed, the town now requires that
for Board of Adjustment cases, that all abutting property owners and owners of
property across the street from the property affected by the variance application
be notified in writing of the proposed hearing by the Town.
An additional issue included within this chapter is that of intergovernmental
cooperation. It is clear that in each of the preceding issue areas, Nags Head is
not a unilateral actor. For many of the goals it wishes to advance, the Town will
have to cooperate with other municipalities and Dare County, as well as other
governmental bodies. For instance, to achieve adequate preparation for
hurricane evacuation it is necessary for all the towns, the County, state, and
federal agencies to work together to implement the "decision arc' concept.
Nags Head recognizes that its growth and future destiny are closely tied to the
interests and decisions of other governmental units.
Goal. The goal of the Town of Nags Head is to keep the public
informed of its policies, actions, and deliberations, and to
provide the public access to information available about the
Town.
It is also a goal of the Town of Nags Head to provide an
opportunity for citizens to be involved in the decision making
process
1. Citizen participation
• Nags Head recognizes that its policies and actions have impacts
outside its borders. It is the goal of Nags Head to work with local,
state, and federal governments to develop and implement
complementary policies and programs that enhance the goals of the
Town of Nags Head.
• The Town will assess the effectiveness of its communication efforts
with non resident property owners and work to provide access to
information in a more timely and complete manner than is currently
allowed using the news letter format.
• The Town recognizes the utility of the Internet in providing access to
Town information and will develop a program to provide Town
information over the Internet.
Land and Water Use Plan 2000
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Chapter 21. Public Participation and Intergovernmental Coordination
The Town shall utilize numerous media sources including, but not
limited to, newsletters, brochures, electronic media and public
meetings to inform the public and encourage their participation in
governmental activities.
2. Citizen Advisory Committee -
• The Citizens Advisory Committee provides a valuable link between
the public and the Board of Commissioners and the Town shall
continue to support the participation of the Committee.
3. Intergovernmental cooperation
• The Town shall work with the County and other municipalities on
interests of mutual concern.
• The Town shall consider other local governmental plans and policies
concerning growth (and shall make a copy of this Plan available to
them for comment).
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Chapter 22.
Special Development Issues
Special Development Issue 1-Adult Entertainment
One of the most challenging and emotional issues the Town has addressed over
the last few years is sexually oriented business (SOBS). Sexually oriented
business can be in the form of adult book stores, adult "x" rated movie theaters,
topless adult live entertainment establishments, as well as a host of more subtle
forms of adult entertainment such as adult media centers, adult motels and
numerous business which are often covers for adult entertainment activities
such as adult escort agencies. In December 1994, the Town placed a
moratorium on accepting site plans or allowing SOBS and adult entertainment
businesses in Nags Head until such time that the Town can adopt regulations to
control this activity.
Regulating these types of activities and businesses can be challenging given the
fact that many of these activities may be protected by the First Amendment of
the US Constitution. For those activities which are allowed by the Constitution
the Town has limited powers to regulate. One of the most common ways for a
municipality or county to regulate or control SOBS is to establish a zoning
district or amend an existing district to allow the uses and adopt rules and
regulations along with licensing requirements.
To gauge public opinion on this subject, the Town included five questions in
the 1996 Land Use Plan Survey which addressed adult entertainment.
Overwhelmingly, 91 percent of the respondents felt that adult establishments
would adversely affect property values and 80 percent felt that an adult
entertainment would negatively influence their decision to buy a vacation home
or live in Nags Head. Only eight percent felt that adult entertainment business
would enhance the vacation/resort attraction of Nags Head to vacationing
families.
Special Development Policy
The Town shall continue to explore additional means of regulation and shall
seek legislation, if needed, which will enable the Town to regulate adult
entertainment and sexually oriented business.
Land and Water Use Plan 2000 177

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Chapter 22. Special Development Issues
Note: In 1998 extensive regulations were adopted by the Town
regulating sexually oriented businesses. Certain sexually
oriented businesses may be allowed as conditional uses in the C-
' 3 Commercial Services District. Also in 1998 the Town adopted
licensing requirements for sexually oriented businesses. While
regulations have been adopted, the Town shall continue to
monitor and revise existing regulations as needed to address
new concerns as they arise.
'
Special Development issue 2—Personal Watercraft
Regulation of Commercially Rented Personal Watercraft
Over the last ten years the popularity of watersports and boating and
especially personal watercraft (jet skis) has increased drastically. Ten years
ago the town had only two personal watercraft operators (Korbach's and one
'
in Caribbean Corners). Today we have six operators (eight sites) with the
potential to rent up to 229 watercraft. Personal watercraft can only be rented
from businesses within the Commercial Overlay District which is part of the
C-2 General Commercial Services District. The Overlay District encompasses
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the area along the sound and extends south from Forbes Street, around both
sides of the Causeway, and up to the "Little Bridge." Within this district the
rental of PWCs is a conditional use and the number of boats available for rent
is limited by the number of approved parking spaces.
As the popularity of many watersports, and especially PWCs has increased,
'
so has the safety concerns along with the number of reported accidents and
injuries. Over the last few years there have been several fatalities on the
Outer Banks. As the number of PWCs increases, so do the potential conflicts
'
with other types of boaters (wind and motor), fishermen, swimmers, and
waders as well as collisions with piers and docks.
As part of the Land Use Plan update, a Citizens Questionnaire on Growth and
Development was forwarded to all resident and non-resident property owners.
'
The results indicate that 93.5 percent of all respondents believe that the Town
has enough or more than enough personal watercraft. When questioned
whether they supported additional regulation of the use of privately owned
'
personal watercraft in the ocean, 64.7 percent of the respondents replied
affirmatively. When asked the same question with regard to the use of
privately owned personal water craft in the Sound, 69.6 percent responded
'
affirmatively.
Over 65 percent of all respondents supported additional regulations of
commercially owned or rented PWCs in the Sound. A notable 78.6 percent of
'
all respondents expressed their opinions that these regulations should be
coordinated between the local town government and the county government.
'
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Chapter 22. Special Development Issues
'
Note: In 1999, extensive regulations were adopted which limited the number
of PWCs that could be commercially rented and limiting the number of
commercial rental sites to seven. These regulations followed the completion
of a comprehensive study entitled `Recreational Water Use Carrying Capacity
Study".
The Town will continue to monitor both the commercial rental of
various types of watercraft and the recreational use of watercraft and
seek additional regulations when conditions warrant.
'
Special Development Issue 3—Comprehensive Plan
As the town continues to grow, and as local, state, and federal regulations
become more complex, it becomes essential that the Town carefully plan for the
'
future and to survive and flourish as a resort community. A well -prepared
comprehensive plan could ensure that when new growth or redevelopment
occurs, it is not haphazard, unsightly, and wasteful. The outcome of new growth
'
should not result in sharply rising municipal service costs and property tax
increases. A comprehensive plan will help maintain a positive "quality of life"
in the Town and as redevelopment and new development occur, those qualities
which originally attracted visitors and residents won't be lost.
By developing and adopting a comprehensive plan, the Town will begin to
realize that the economy, housing, unique environment, and the historic
'
characteristics of the Town are closely related to problems such as traffic
congestion, flooding, water availability, and other factors. A comprehensive
plan will coordinate land use decisions, which if allowed indiscriminately, may
'
adversely affect many aspects of the economy, population, education, housing,
streets, water distribution, and other facilities.
'
Common components in a comprehensive plan are:
1. Community profile, geography, and history
'
2. Population
3. Economic base
'
4. Housing
5. Land use
'
6. Community resources and public facilities
7. Natural environment and community restoration
8. Transportation
9. Basic town services, such as police, fire, solid waste collection
10. Capital Improvements Program
'
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Chapter 22. Special Development Issues
11. Others
Comprehensive plans need not be expensive to produce as much of the required
background material exists in current document (Land and Water Use Plan, CIP
Plan, etc.)
Special Development Issue 4-Community Appearance
The Town of Nags Head has a long standing history and reputation of being a
family oriented beach resort community with tourism being the principle
economic base of the Town. To complement this family beach environment
and to continue our attractive image the Town places great value on our
natural resources, open space, and visual image of the built environment. In
recent years there has been a progressive change in the visual image of
commercial buildings in the Town from buildings constructed primarily of
wood to buildings utilizing metal and glass exteriors. As stated in the 1990
Land Use Plan, "The design and architecture of structures built in the Town
will also influence the aesthetics of the Town and should be viewed as a
visual resource to be guarded. As construction and development in the Town
continues there is no assurance that architectural styles and the built
environment in general will be pleasing to the eye. A particularly important
question is whether future development and growth will jeopardize existing
historic and architecturally significant structures in the Town." For some time
now the Town's Citizens Advisory Committee and the Town's Planning
Board have been addressing these concerns and have been investigating
measures and incentives the Town can take to protect our visual resources.
The Town of Nags Head is working to build a community with an economy
based on family vacation tourism. The base of that economy is the rental of
single-family homes. The Town does not wish and will not develop as other
ocean resort communities which promote a high impact visual commercial
"strip" appearance. Businesses in these strip developments are typified by
excessive interior and exterior lighting, an over -abundance of glass and steel
as well as utilizing other non -indigenous exterior sidings and or facades.
One way to encourage aesthetics and protect visual images is to establish a
Historic District Commissions, Corridor Commissions, or Community
Appearance Commissions. North Carolina law allows the establishment of
these commissions, they would represent an additional layer of bureaucracy
with additional regulations and are not popular with the citizens at this time.
These commissions generally have the authority to recommend aesthetic and
design standards based upon a set of design and aesthetic guidelines that have
been developed by the commission with input gained from public hearings.
As part of the permitting process, these commissions review development
proposals and make recommendations regarding aesthetics and the visual
image. For example, in Manteo and on Roanoke Island there is a Corridor
Land and Water Use Plan 2000 180
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Chapter 22. Special Development Issues
' Commission which address aesthetics in the corridor alongside US 64-264.
The Commission reviews signage and development proposals alongside US
64-264. This Commission was established as the direct result of specific State
' enabling legislation. At this point in the development of the Town,
developing an incentive program to improve the visual image is more
favorable than establishing an additional Commission with numerous
regulations.
The ability to use zoning powers to address aesthetic and visual concerns is
somewhat problematic. By statute, zoning can address such issues as health,
' safety, morals, or the general welfare of the community. Additional zoning
powers include the ability to regulate and restrict the height, number of
stories and size of buildings as well as a host of similar regulations.
' Historically, the use of zoning to address aesthetic issues is somewhat of a
gray area. In all likelihood, zoning has limited powers to govern aesthetic
concerns.
Note: See Chapter 16, Visual and Aesthetic Resources for additional
information on this concern
' Special Development Issue 5—Beach Nourishment (see chapter 7,
the Beach Plan)
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Chapter 23.
Review of Implementation of the 1990 Land Use Plan Policies
1. Protect the physical and visual integrity of the estuarine shoreline. (High
Priority)
Implementing actions
A. Actively pursue all sources of funding including the Capital
Improvements Program to provide funds for open space and estuarine
access projects.
B. Develop ordinances which would encourage those types of
developments which would promote the Nags Head image and not be
detrimental to the estuarine environment.
Implementing actions adopted since 1990
A. The Town has constructed three estuarine access sites: Jockey's Ridge
State Park, the Causeway site, and Little Bridge.
B. Development and adoption of the Commercial Outdoor Recreational
Overlay District.
2. Protect the integrity of the ocean beach and dune system and recognize the
natural processes and dynamics of the shoreline. It is the Town's policy that
sea walls, jetties, and groins or other artificial devices designed to stabilize
the ocean shoreline shall not be permitted, but the Town shall allow the use
of sand bags and sand -pushing to temporarily protect threatened structures
until they can be removed from the site. (High Priority)
Implementing actions
A. Require dune crosswalks for all new oceanfront development.
B. Require any proposed development or redevelopment to rebuild and
revegetate dunes for the purpose of creating and maintaining a
continuous dune line along the oceanfront.
C. Continue to pursue the necessary studies to determine the feasibility of
a town -wide or regional beach nourishment project.
D. Consider annually, through the Capital Improvements Program process,
providing funds for the acquisition of open space in high hazard areas
along the ocean shoreline.
Land and Water Use Plan 2000 182

1 Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
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Implementing actions adopted since 1990
A. Continuation of support for the nourishment study being Performed by
'
the US Army Corps of Engineers.
B. Funds have been put aside each year through the CIP process for land
acquisition.
C. Built new public crossovers, e.g., June Street, and maintain existing
crossovers.
3. Reduce the risks and vulnerability of structures to damage and loss from
' .
hurricanes and coastal storms in advance of such events. (Priority)
Implementing actions
'
A. Identify and seek all programs and funding sources which will assist
the Town in developing natural mitigation measures to reduce potential
losses.
'
B. Actively participate in the Federal Emergency Management Agency
Community Rating System Program to develop mitigation measures to
'
reduce or prevent flood damage from occurring in the first place.
C. The Town will develop and implement a comprehensive Floodplain
Management Plan and will annually evaluate progress toward
'
implementing the plan.
D. The Town shall continue to encourage relocation of structures which
are threatened by erosion and the Town Staff will actively work with
'
the homeowner and Federal Emergency Management Agency to
facilitate their relocation.
'
Implementing actions adopted since 1990
A. Through a planning grant from the Division of Coastal Management,
the Town's Mitigation Plan is being updated with completion in fall of
'
1997.
B. A Floodplain Management Plan was developed and was included in the
'
CRS program.
C. Budget for erosion abatement programs as part of the Town's annual
budget.
4. Lobby the North Carolina Department of Transportation to make needed
improvements to South Croatan Highway (US 158), South Virginia Dare
Trail (NC 12), and US 64/264 throughout the entire region. (Low Priority)
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
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Implementing actions
A. The Town recognizes that evacuation planning is a regional problem
'
and it will work with other affected jurisdictions to lobby the North
Carolina Department of Transportation for improvements, not only
along South Croatan Highway (US 158), South Virginia Dare Trail
(NC 12), and US 64/264, but also improvements to and from the
'
mainland to provide for maximum efficiency in hurricane evacuation of
the Outer Banks.
B. Continue to work with the North Carolina Department of
Transportation in the completion of a Major Thoroughfare Plan.
Implementing actions adopted since 1990
'
A. The Town has worked with NC DOT to update the Thoroughfare Plan.
B. The Washington Baum Bridge and the "Little Bridge" improvement
'
projects have been completed.
5. Take appropriate actions to protect the quality of estuarine and groundwater
resources recognizing the interrelationships between land use and water
'
quality. (High Priority)
Implementing actions
A. Require tertiary sewer treatment plants for high density or high
'
intensity development.
B. Continue to work toward allowing only those uses which would protect
'
the quality of groundwater, surface water, and estuarine water from
point and non -point sources of pollution.
C. Investigate innovative measures to control/retain/detain stormwater
'
runoff.
D. The Town recognizes the need to develop a detailed street and
'
comprehensive stormwater and drainage improvements plan as part of
the Town's Capital Improvements Program. Such a plan should
identify and prioritize road drainage improvements designed to
alleviate potential congestion and flooding while addressing and
minimizing the environmental impacts of stormwater runoff. This
comprehensive stormwater and drainage plan would help ensure
continued environmentally -sound development and growth in the
'
Town.
Implementing actions adopted since 1990
'
A. In 1995, the Town adopted a Stormwater Management Plan and
subsequent ordinances.
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
' B. Vigorously monitor the enforcement of the "no -fill" rules in estuarine
areas.
C. Establish a working committee to investigate the impacts septic
systems may be having on water quality.
6. Encourage a mixture of land uses that consist predominantly of single-
family and duplex structures. The Town feels that commercial activities
should be oriented to providing services for residents and visitors. (Low
Priority)
Implementing actions
A. The Town will consider reducing the size of the Town's commercial
zoning districts.
B. The Town will consider reducing and/or redistributing the amount of
land available for commercial development.
'
C. The Town should not reduce, and shall consider increasing, the amount
of land zoned residential.
D. Develop regulations which would require existing platted, but
'
undeveloped, subdivisions to meet current Town standards when they
are developed.
'
Implementing actions adopted since 1990
A. Have been and will continue to require the recombination of lots.
'
B. Have not rezoned any residential property to commercial.
7. Protect the visual, physical and aesthetic qualities of Nags Head, including
open space and the historic district. (High Priority)
'
Implementing actions
A. Institute a program of land acquisition to acquire land now to protect
'
the visual integrity of the Town.
B. Establish, if supported by the affected property owners, a historic
district ordinance to preserve the historic characteristic of the Town.
C. Develop a long-range program to place existing overhead utilities
underground.
'
D. Develop a visual enhancement program (landscaping, buffering,
landscaped corridors) to protect and enhance the natural vegetation and
topographical features of the Town.
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' Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
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Implementing actions adopted since 1990
A. In 1993, a Landscape Enhancement Program was established and
funding was obtained to plant trees along US 158 and in the Nags Head
'
Woods Family Area.
B. The Town has purchased numerous properties including the Rigger
'
property, the RTC property in Nags Head Woods, the fire station
property, and property for recreational purposes.
C. Initiating property owner's interest in the establishment and
development of a Historic District.
D. Completed a brochure, Nags Head Naturally, to encourage
'
preservation of natural vegetation.
8. Increase public access and the amount of recreational open space along the
ocean and estuarine shorelines and increase open space in other areas.
(Priority)
Implementing actions
A.
Investigate the feasibility of implementing a facility fee schedule that
'
will require payment of fees from new development which will be used
for the acquisition of land for ocean and estuarine access areas.
'
B.
Continue submitting grant applications for shoreline access projects
when the opportunities arise.
'
C.
Develop an Open Space Plan designed to identify key locations for
land and easement acquisition.
D.
Identify and resolve conflicts which arise when two competing user
groups use the same resource, e.g., commercial beach fishermen and
'
recreational fishermen, jet -ski and power boat operators, waders and
swimmers, surfers and swimmers, etc.
'
Implementing actions adopted since 1990
A.
The following access sites were completed: Hollowell Street (1990),
'
Jockeys Ridge State Park estuarine site (1992), the Nags Head
Causeway Estuarine Site (1996), and the Little Bridge site due to be
completed in the spring of 1997.
B.
Requested that the NC Marine Fisheries Commission establish rules for
'
commercial fishermen in the ocean waters.
C.
Adopted a comprehensive ordinance regulating personal watercraft.
'
D.
Conducted meetings between recreational and commercial fishermen to
resolve user conflicts.
'
E.
Facility fee ordinance revised and readopted.
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
' 9. Plan for municipally -owned or operated active and passive recreational
areas as well as the need for a Town Park and other traditional municipally -
provided recreational facilities to meet the needs of the Town's residents.
(High Priority)
Implementing actions
' A. The Town will work with The Nature Conservancy to provide access to
Town -owned property in Nags Head Woods.
B. The Town will actively seek grants which would assist in the
acquisition or development of municipally -owned or operated
recreational areas.
C. The Town will maintain its management agreement for Nags Head
Woods with The Nature Conservancy that provides for hiking trails.
D. The Town will consider changes to the Zoning Ordinance that increase
municipally -owned or operated recreational opportunities consistent
with the policies of the Town.
Implementing actions adopted since 1990
'
A. The Town has continued to rely upon The Nature Conservancy for
management of some of the Town's property in Nags Head Woods.
B. The Town has established a recreation committee to comprehensively
'
address recreation needs in Nags Head.
C. Nags Head Woods Family Area was developed on a three -acre parcel
'
adjacent to Nags Head Woods.
D. Cleared and established trail from the Nags Head Woods Family Area
'
to the Roanoke Sound.
10. Protect Nags Head Woods as a critical and important natural feature of the
Town. (Priority)
'
Implementing actions
A. The Town will work with local, state, and national conservation and
other governmental agencies and other interested private, non-profit
'
organizations for acquisition of Nags Head Woods as the best method
of preservation.
'
B. Maintain Town -owned land in its predominantly undeveloped state
while providing passive and limited active recreational uses for the
public.
'
C. Support the nomination of Nags Head Woods as an Area of
Environmental Concern.
'
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
' D. Continue to enforce the laws prohibiting off -road driving of all -terrain
vehicles.
' Implementing actions since 1990
A. In 1992, the Town and The Nature Conservancy jointly purchased 386
acres in Nags Head Woods.
B. The town has provided fmancial contributions to The Nature
Conservancy as part of the Town's management agreement with The
Nature Conservancy to manage Town -owned lands.
' 11. Provide basic infrastructure and services, i.e., police, fire protection, solid
waste collection, and water service to meet the needs of growth. (Priority)
Implementing actions
A. It is the policy of the Town to continually assess the police and fire
protection needs of the Town and to make personnel and resource
expenditures commensurate with the needs created by growth and
development.
B. The Town encourages the use of non-combustible materials for the
'
construction of motels, multi -family and commercial projects.
C. Consider developing regulations to require the use of sprinkler systems
'
and stand -pipes, the provision of fire lanes and emergency vehicles
accesses for high density and commercial development.
D. Continue to development annually a detailed Capital Improvements
'
Program indicating needed improvements, their expected sources of
funding, and a schedule of these improvements for at least five years
into the future.
Implementing actions adopted since 1990
A. The Town annually prepares and adopts a Capital Improvement Plan.
'
B. Seeking special legislation to better address fire protection (sprinklers).
C. Acquisition of property in south Nags Head for expansion of fire
'
service capabilities.
D. Reassesses fire and police needs as part of the facility fee review
'
process.
12. Continue to provide for adequate, economical, and environmentally -sound
methods for the disposal of solid waste. (High Priority)
'
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' Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
Implementing actions
A. The Town shall closely monitor the generation of solid waste and make
'
necessary expenditures to increase its collection capacity
commensurate with future levels of growth and development.
B. The Town in its development review processes will encourage project
designs which facilitate the collection of solid waste, e.g., clustering
'
waste containers, and which minimize any negative effects that might
result from the collection system, e.g., visual buffers for waste
containers, location of container sites to minimize impact of local
'
traffic during collection, etc.
C. The Town shall continue to provide opportunities and facilities for
recycling materials. The Town shall develop public awareness
'
programs directed toward both residents and visitors to encourage
recycling and the Town will develop appropriate incentives to meet the
'
State mandate.
D. The Town will continue to assist and will provide more opportunities
for commercial establishments to recycle materials.
E. The Town will continue its program of roadside litter clean-up.
F. The Town shall investigate innovative methods for reducing the
amounts of degradable and non -biodegradable solids and waste
'
entering the landfill.
Implementing actions adopted since 1990
'
A. The Town has continued its roadside litter program.
B. The Town has initiated an adopt -the -beach clean up program.
'
C. An automated garbage pickup system was started in February 1996 for
a portion of the Town
D. The Town has expanded the recycling program to include three
permanent drop off sites and five rotating sites throughout Town and
three recycling trailers.
'
SPECIAL DEVELOPMENT ISSUE --Preservation of Natural Vegetation
and Topography.
' 13. Develop an innovative and unique set of regulations, guidelines, and
development review processes which will help preserve topography,
vegetation, and other characteristics which will preserve the family beach
' and the image of Nags Head as Nags Head. (Low Priority)
Implementing actions
A. Develop a comprehensive Corridor Vegetation Enhancement Program.
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
B. Develop a community appearance and beautification handbook.
C. Prepare architectural design guidelines for new and rehabilitated
structures.
D. Prepare a tree planting and landscape beautification handbook.
E. Create voluntary guidelines for attractive signage and outdoor lighting.
Implementing actions adopted since 1990
A. In 1993, the Town developed a vegetation brochure aimed at
encouraging property owners and developers to recognize the benefits
of preserving natural vegetation. during the development process
B. The Citizens' Advisory Committee continues to address issues of
community appearance and preservation of the family beach
atmosphere.
SPECIAL DEVELOPMENT ISSUE - Comprehensive Plan
14. Develop a comprehensive plan to coordinate land use decisions to ensure
the Town maintains a positive quality of life while at the same time
accommodating new development. (Low Priority)
Implementing actions
A. Develop a comprehensive plan.
Implementing actions adopted since 1990
15. Continue to provide a strong citizen participation program for the future.
The Town seeks to maintain strong citizen involvement in all levels of
government and will seek participation techniques to assure that all
segments of the community have a full and adequate opportunity to be
informed and to participate effectively in the planning and decision -making
process. (High Priority)
Implementing actions
A. The Town will continue to solicit public comments through public
opinion surveys to ensure a strong public voice in the government of
Nags Head.
B. The Town will continue to utilize the Citizens' Advisory Committee as
a vital link to the governing body of Nags Head.
C. The Town will encourage public participation in all public meetings
and public hearings when such participation is not prohibited by law.
D. The Town will continue to disseminate information to the residents and
visitors by the use of newsletters, newspapers and published reports to
bring the public up-to-date on government activities.'
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Chapter 23. Review of Implementation of the 1990 Land Use Plan Policies
E. Town Staff will be available to meet at any time with special -interest,
civic, business groups, etc. regarding governmental activities.
F. The Town will continue to seek input from the citizenry into the
governmental process at all levels.
G. The Town will continue to promote ways to establish working
partnerships with representatives from civic groups, business groups,
and special -interest groups to provide insight and input into the
processes of local government.
H. The Town Planning Staff and Building Inspectors will conduct
workshops with the public regarding hurricane protection, including
retrofitting of existing structures and the Community Rating System.
Implementing actions adopted since 1990
A. The Building Inspectors, Town Manager, and the Planning and
Development Director meet at least annually with area builders to
resolve any problems that may develop.
B. In preparation for the Land Use Plan update, the Town has completed
one mail survey (1996).
C. Through the Town's CRS program, the Town informs citizens of flood
related issues and offers on -site advice on flood related issues.
D. With the CRS program, the Town offers annual workshops and
informative sessions on storm and flood related issues.
E. The Town has expanded the public notification process for Board of
Adjustment cases in order to inform more citizens of the variance
request being made.
F. The Police Department has established a community watch program.
16. Continue to cooperate with other municipalities on the Dare Outer Banks,
with the County, State and federal government in pursuing all the
aforementioned policies. (Priority)
Implementing actions
' A. The Town will actively participate in Town and County planning
forums.
' B. The Town will arrange and participate in meetings as requested.
C. The Town will continue to work with other local governments to
' identify and resolve common issues.
Implementing actions adopted since 1990
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IChapter 23. Review of Implementation of the 1990 Land Use Plan Policies
' A. The Dare County Area Planners meet several times a year to discuss
issues of mutual interest and concern.
' B. Town Commissioners and Town Staff participate on numerous local
committees and groups.
u
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d
r
IChapter 24.
Policies and Implementation Methods
The following are policies which represent and summarize the majority of the
action policies in the previous chapters. Along with each policy are the
implementation methods necessary for achieving that policy. CAMA requires
that all adopted policies and implementation methods be achievable by local
governments and are within the fiscal constraints and management system of
local governments.
' Following each policy (in parentheses) is the priority for that policy. The timing
for completion of policies are based upon the priority assigned and are as
follows: Highest Priority; High Priority; Priority; and Low Priority.
' Some policies which were rated less than High Priority represent issues and
concerns which: (1) may not demand considerable Staff time and resources;
(2) are beyond the direct control of the Town; or (3) are on -going projects to
which the Town is committed.
POLICIES
�I
I
L
The Town recognizes beach nourishment as our preferred alternative for
addressing the impacts from barrier island migration and ocean erosion.
However, the Town also supports a variety of methods to abate the
impacts to ocean erosion, these include, but are not limited to acquisition
of threatened structures, relocation of threatened structures and the
establishment of innovative technology or designs which may be
considered experimental, which can be evaluated by the CRC to
determine consistency with 15A NCAC 7M .0200 and the other general
and specific use standards with the CAMA rules. (Highest Priority)
Implementing actions
A. The Town will sponsor studies designed to determine the financial
contribution the beach makes to the Outer Banks and the region.
B. The Town will acquire oceanfront property when the opportunity
arises.
C. The Town will investigate mitigation programs and grants to assist the
property owner in the relocation of threatened structures.
Land and Water Use Plan 2000
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Chapter 24. Policies and Implementation Methods
2. The Town supports beach nourishment projects for the Town beaches
subject to commensurate funding appropriations from federal, state and
local sources. The Town will support and encourage the establishment of
a statewide beach management strategy and policy along with a dedicated
funding program designed specifically for beach restoration and
nourishment projects. (Highest Priority)
Implementing actions
A. The Town will actively lobby the State for a state policy and strategy
on beach nourishment and beach renourishment.
B. The Town will lobby the State to establish an annually state funded
statewide nourishment program.
C. The Town will seek funding from local and regional sources to assist
with the local match for federally funded beach nourishment projects.
D. As an alternative to relying on private dredging contractors for beach
nourishment and renourishment the Town will investigate or request
the investigation of the feasibility of either a local or a state funded
and operated dredge.
3. The Town recognizes that the ocean beaches are our single greatest asset.
Fundamental elements important to the Town include, clean beaches,
ample recreational access opportunities, no commercialization,
reasonable beach driving regulations and the prompt resolution of user
conflicts as they arise. (Highest Priority)
Implementing actions
A. The Town will not allow or permit any commercialization of the
Town's ocean beaches.
B. When the opportunity arises, the Town will acquire oceanfront
property for access and open space.
C. The Town will make a financial commitment including additional
personnel and equipment if needed to keep our ocean beaches clean
on debris and litter.
D. The Town shall seek financial assistance from the Outer Banks
Visitors Bureau for funds to clean up the beach when the beach
becomes impacted for example: with debris from a storm; fish kills;
whale stranding, and other events which impact the attractiveness of
the beach.
4. The Commercial Outdoor Recreational Use Overlay Zoning district was
'
established to accommodate the ever-growing commercial recreational
development requests made to the Town. It shall be a policy of the Town
'
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I
Chapter 24. Policies and Implementation Methods
' to periodically review the adequacy of these regulations and make the
necessary modifications when public health, safety and welfare issues
arise. The Town shall not enlarge the Overlay district and shall consider
' reducing the District in size or amending the uses when conflicts
develop.(Priority)
Implementing actions
' A. The Town shall consider reducing either the size of the Commercial
Outdoor Recreational District, or the number of personal watercraft
vendors when an existing rental operation ceases operation and is
converted to another use.
B. The Town shall not increase the number of rental PWC units allowed
'
to be rented at each site and shall consider reducing the number of
rental PWC units and vendors (currently two) on the south side of the
Causeway when the opportunity arises.
'
5. Mitigation represents a proactive approach to reducing the vulnerability
of risk to properties in the Town. The Town will investigate innovative
programs and seek funds for mitigation measures such as relocation of
'
threatened structures and more stringent building codes for high hazard
areas that support the growth management policies of the Town. (High
Priority)
'
Implementing actions
A. The Town shall investigate the feasibility of becoming a FEMA
"Project Impact" community..
B. The Town shall consider the applicability of requiring "V Zone"
structural certification for structures in the 100-year (A) flood zone.
'
C. The Town will consider amendments to our Flood Ordinance which
addresses freeboard and other flood mitigative measures recognized
'
by FEMA and the CRS program to reduce flood loses.
6. The Town shall consider higher flood regulatory standards for vehicle
and equipment storage areas and structures or facilities that produce, use
'
or store highly volatile, flammable, explosive, toxic and or water -reactive
materials that may cause environmental problems if flooded or destroyed.
(Highest Priority)
Implementing actions
A. The Town shall develop a program to identify businesses and
'
material storage areas where significant amounts of toxic or
hazardous be to flooding.
products are stored which would subject
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IChapter 24. Policies and Implementation Methods
'
B. The Town shall develop regulations to require fuel tanks, including
LP tanks to be adequately anchored to prevent flotation or
submersion in the event of flooding.
'
7. The Town will work with and petition NCDOT for (1), the necessary
road improvements in getting people to the town, (2) finding ways to
'
reduce the number of vehicles and reduce traffic congestion within the
Town on US 158 and (3), increase efficiency on NC 12 and US 158. Such
improvements including, but not limited to medians, a flyover at
'
Whalebone Junction, signal coordination, new signals or the removal of
existing signals. (High Priority)
Implementing actions
A. The Town will annually review and forward to NCDOT through the
TIP process transportation improvement projects, studies, and
improvements desired by the Town.
'
8. Thoroughfare Plan. The Town conceptually accepts the Outer Banks
Thoroughfare Plan dated March 1996 and Town supports improvements,
such as adding grassed medians where appropriate on US 158 which are
designed to enhance safety for citizens and visitors, however the Town
does not favor improving those cross streets which have been identified
by NCDOT in the connecting NC 12 and US 158 until a need has been
'
demonstrated. (High Priority)
Implementing actions
'
A. The Town will work with NCDOT to request changes to the Plan
which reflect the current road and traffic conditions within the Town.
'
B. The Town will work with NCDOT to adequately represent "paper
streets" and will resist the withdrawal of existing unimproved streets
unless it can be shown that such a withdrawal is in the public good.
9. Town Streets. The Town will evaluate all future development for its
'
impact on traffic congestion and manage this development so as to
minimize its impact on traffic. More specifically, the Town encourages
development to exit on side streets rather than South Croatan Highway.
'
(Highest Priority)
Implementing actions
'
A. The Town will develop regulations limiting access to US 158; NC 12,
NC 1243 and US 64-264 when access can be obtained either through
a side street or common drive aisle.
B. The Town will consider developing regulations which addresses
multiple cub cuts onto Town streets.
'
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IChapter 24. Policies and Implementation Methods
10. During the subdivision process the Town shall require wider rights -of -
ways and greater construction standard to proposed town streets when it
can be demonstrated that the proposed street may be required to accept
' local traffic from other nearby streets which may be damaged or
threatened or closed by natural events. (Low Priority)
' Implementing actions
A. The Town will develop regulations requiring a greater street standard
(dimensional and construction) where it can be reasonable
' demonstrated that near -by streets may de destroyed by a storm or
other natural event and the proposed street will be required to accept
greater amounts of traffic due to the loss of near by streets.
11. Sidewalks. The Town places a high value on and encourages the use of
alternative means of transportation including sidewalks. The Town will
lobby and work with NCDOT for construction of a detached multi use
' path along the east side NC 12. The Town will cooperate with NCDOT
and other municipalities in developing a coordinate pedestrian multi -use
path on the Outer Banks. (Highest Priority)
C�
Implementing actions
A. The Town will review and update the Nags Head Pedestrian
Transportation System Plan adopted on November 6, 1996.
B. The town will submit funding requests through the CIP and budget
process for the implementation of the five and ten year plans and
shall coordinate these plans with NCDOT when appropriate
C. The Town shall consider incentives for commercial development
which provide pedestrian and bicycle amenities (e.g., sidewalks, bike
racks) to improve circulation within and to their site.
12. The Town will continue to install sidewalks within Town right-of-ways
to facilitate pedestrian traffic and movement to recreational sites and
amenities and other areas which generate pedestrian traffic when the need
is demonstrated. The Town will install these sidewalk improvements to
correspond with existing and proposed NCDOT's signalization plan.
(High Priority)
Implementing actions
A. The Town will identify recreational sites where sidewalks would
facilitate pedestrian traffic to these recreational facilities and will
submit funding requests through the budget and CIP process.
13. The Town shall consider requiring the installation sidewalks and other
pedestrian facilities as part of the required infrastructure and
improvements for new subdivisions. (Low Priority)
Land and Water Use Plan 2000 197
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I
Chapter 24. Policies and Implementation Methods
Implementing actions
A. The Town will consider amendments to the subdivision ordinance
requiring the installations of sidewalks in areas identified in the
"Nags Head Pedestrian Transportation System Plan".
14. The preferred form of sewage treatment and disposal shall be the on -site
septic systems. The Town realizes that proper maintenance of septic
'
systems and strict enforcement of local and state rules are essential for
their safe operation and through the Septic Health Initiative Committee.
The Town shall develop a Management Plan as well as preventative and
'
educational programs for distribution to residents and visitors designed to
identify and correct failing septic systems. (Highest Priority)
Implementing actions
A. The Town shall develop a management plan and educational program
'
to implement the above actions.
15. Proper placement and maintenance of septic systems located in close
proximity to drainage ditches or located near the ocean or sound are
essential for maintaining high water quality standards. When septic
'
systems fail, effluent can enter these waters and lead to health concerns
and closures. The Town does not consider a water classification of SB or
SC acceptable and will support research to determine the sources of
'
pollution and consider or lobby for additional regulations or enforcement
of existing regulations to prevent further degradation and shall seek
'
measures to enhance water quality where needed. (High Priority)
Implementing actions
A. The town shall apply for grant funds for projects that are designed to
improve or prevent further degradation of water quality of our ocean
and sound system.
B. The Town will fund or assist in funding a water quality -testing
program.
C. The Town shall seek funding and shall support water quality testing
of the ocean and sound waters to determine the extent, if any of non -
point sources of pollution
D. The Town shall seek strict enforcement of existing laws and
' regulations and shall consider new regulations, if needed, to protect
estuarine and ocean water quality.
16. The Town shall continually assess and evaluate the Stormwater
Management Plan and update the plan when necessary and shall actively
work to minimize the rate and amount of stormwater runoff into ocean
Land and Water Use Plan 2000 198

Chapter 24. Policies and Implementation Methods
' and sound waters and the impact that stormwater has on those waters.
(Low Priority)
' Implementing actions
A. The Town shall review the adequacy and amend as need the
Stormwater Management Plan.
17. The Town recognizes that maintenance is essential for the proper
functioning of the ocean and sound outfalls shall actively lobby NCDOT
for continued maintenance. The Town will work to eliminate existing
ocean and estuarine outfalls when economically viable alternatives exist
for land disposal. (Priority)
Implementing actions
A. The Town will investigate the feasibility of land disposal and storm
water retention in leu of outfalls and shall seek funds and grants or
' lobby NCDOT where the feasibility exists for land application of
stormwater.
18. The Town recognizes that when ocean beaches and estuarine areas and
' waters are closed for health reasons, proper public notification of the
closures is essential for public safety. The Town will work with the
respective regulatory agencies to develop a protocol and to ensure that
' public notification is released in a timely manner after careful monitoring
has indicated that the agreed upon standards have been exceeded.
(Priority)
' Implementing actions
A. The Town will initiate meetings with the County to develop and
establish water quality and monitoring standards and to develop a
protocol for public notification when beaches and waters are closed
for health reasons.
19. The Town shall continually assess the Town's water processing capacity,
storage capacity and distribution system along with monitoring adequate
pressure and fire supply and shall make the necessary system
' improvements when needed. The Town recognizes the importance of a
dual or looped water supply system for pressure, service and fire supply
and will continue to loop the system when opportunities and funding
' permits. (Low Priority)
Implementing actions
' A. The Town shall develop a five-year and 20 year improvement plan
and request funding through either the budget or CIP process to
implement that plan.
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IChapter 24. Policies and Implementation Methods
'
20. The Town realizes that vacation rentals and seasonal rentals, and
particularly, the rental of large oceanfront homes, while promoting the
single-family tourist rental economy, can significantly impact Town
municipal resources and infrastructure. The Town shall comprehensively
review impacts that these large structures have on the resources,
municipal services, and neighboring properties and amend zoning and
'
Town regulation accordingly. (High Priority)
Implementing actions
A. The Town will consider expanding the scope of the vacation rental
'
impact committee to address impacts caused by the rental of high
occupancy vacation and seasonal homes.
'
B. The Town will not amend the zoning ordinance or any development
regulation which would result in either increased density (units/acre)
or increased intensity of these homes.
'
21. The Town will maintain its relative self-sufficiency by providing
adequate services and amenities for residents and visitors and shall
provide municipal services in a flexible, cost effective, customer friendly
manner. The Town will continue to review and modify fees as needed,
including the addition of new facilities fees to pay for new and continued
development of Town infrastructure while requiring private development
'
to fund the installation of infrastructure needed by the proposed
development. (Priority)
'
Implementing actions
A. The Town will review and update as needed land development fees in
the adopted fee schedule and level of service provided by those fees.
22. As the existing housing stock ages, the Town shall consider incentives
and regulations to help ensure that the replacement housing stock is in
keeping with the "Nags Head image". (Low Priority)
'
Implementing actions
A. The Town will develop an incentive program designed to help ensure
'
that replacement housing will be in keeping with the "Nags Head
image" or vernacular.
'
23. Open space and green space are important elements in the Nags Head
image. The Town will inventory open space, actively pursue grants and
funding opportunities and develop and implement a plan to acquire and
preserve open space throughout the Town. (Highest Priority)
'
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IChapter 24. Policies and Implementation Methods
'
Implementing actions
A. The town will identify important areas to be acquired as open space
'
and shall request funds for acquisition of these areas through the
budget, CIP, and grant process.
B. The Town will consider an incentive program rewarding those
'
developers which set aside additional open space in perpetuity
24. The historic district represents an irreplaceable part of the Nags Head
image and past. The Town shall carefully consider any proposed land use
change -not only within the district, but near by that would diminish the
uniqueness of the homes in the district. The Town will promote the
creation of a historic district to preserve the historic beach front cottages
'
but will not establish such a district until a majority of the affected
property owners support it.(Low Priority)
Implementing actions
A. When requested and supported by a majority of the affected
residents, the Town will establish an historic district.
B. The Town will continue to amend the zoning ordinance by adopting
provisions designed to protect the uniqueness of homes on the
National Register of Historic Places.
'
25. The Town shall continue to address community appearance concerns
through the existing boards (Planning Board, Citizens Advisory
Committee and Board of Commissioners). The Town shall work toward
developing incentives designed to enhance, promote and protect the
Town's architectural image and heritage and will consider the creation of
an Appearance Commission and or a Corridor Commission to promote
the general appearance of the Town. (High Priority)
Implementing actions
'
A. The town will investigate the feasibility for an architectural incentive
program.
26. The Town views the preservation of dunes, vegetation and topography as
an important component in the Nags Head image and shall strictly
enforce the existing applicable rules and regulations and seek additional
measures as needed to preserve these elements as much as possible.
(High Priority)
Implementing actions
'
A. The Town will consider applying similar rules and regulations that
are applicable for residential districts in the commercial districts for
the preservation of dunes, topography, and vegetation
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' Chapter 24. Policies and Implementation Methods
' 27. The Town recognizes that damaged homes and structures on the
oceanfront represent a nuisance, eyesore and visual blight and the Town
shall take appropriate measures to abate this nuisance and will seek
' changes in NFIP regulations to establish realistic regulations for
declaration of destroyed structures. (Highest Priority)
'
Implementing actions
A. The Town will take a more proactive approach to condemning these
structures and taking prompt action including the issuance of civil
'
citations to abate the nuisance.
B. The Town will petition FEMA through our state and regional NFIP
representatives to consider adopting realistic regulations regarding the
'
determination of destroyed structures.
28. The continued success of the Town as a tourist and vacation destination
depends in part on the continued use and expansion of recreational uses
and activities on the ocean shoreline and in the sound. The Town shall
provide an adequate mix of recreational access sites for residents and
visitors in order that they can enjoy the ocean and estuarine shoreline and
water recreational opportunities. (High Priority)
Implementing actions
A. The Town will continue to apply for grants for ocean and sound
access sites.
'
B. The Town shall consider establishing larger, less traditional estuarine
access sites that can function as access sites but also shore recreation
areas and parks.
29. The Town shall actively plan and seek funds for the development of
'
traditional recreation uses as the needs are identified and shall consider
acquiring and developing small neighborhood recreation areas as funds
'
become available. (High Priority)
Implementing actions
'
A. The Town shall through the recreation committee identify funding
opportunities for expansion of recreation facilities including parks,
play areas and large recreation areas.
B. The Town shall address recreational needs through the budget and
CEP process.
30. The Town shall pursue the designation of Nags Head Woods as an Area
'
of Environmental Concern (AEC). ( Low Priority)
Land and Water Use Plan 2000 202

IChapter 24. Policies and Implementation Methods
' Implementing actions
A. The Town will investigate the need for designation of the Woods as
' an AEC, and shall petition the Division of Coastal Management for
AEC designation if desired.
31. It is the policy of the Town to continually assess the police, fire and
' rescue needs of the Town and to make personnel and resource
expenditures commensurate with the needs created by development and
the changing nature of the social environment. (Priority)
' Implementing actions
A. Public safety funding requests shall be handled through the budget and
CIP process.
B. The Town shall identify grant opportunities, as they become available.
32. The Town shall consider the impact on public safety during the review of
site plans and during consideration for proposed changes to the zoning
ordinance and shall encourage the use of sprinkler systems, stand pipes
and the provision for fire lanes as important fire prevention
measures.(Priority)
Implementing actions
'
A. The Department of Public Safety shall recommend changes to the
Town code as conditions warrant.
'
33. The Town shall provide the most effective and economical methods for
the collection, disposal, and recycling of solid waste. (Priority)
Implementing actions
'
A. The Town shall periodically review existing practices to determine the
most effective and economical methods for collecting and processing
of solid waste.
34. The Town will assess the effectiveness of its communication efforts with
residents and non-resident property owners. (Highest Priority)
'
Implementing actions
A. The Town will publish four newsletters a year.
B. The Town will continue to update the Town's web page and add additional
'
components as needed.
1
I
Land and Water Use Plan 2000 203

L'
Table 24.1. Interrelationships of Policies
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Beach nourishment as our preferred alternative
However, the Town also supports a variety of
other methods to abate the impacts of ocean
erosion
2
Beach nourishment; commensurate funding;
and statewide beach management strategy, and
•
•
policy with dedicated funding
3
Important elements of our ocean beaches
•
•
•
•
•
•
•
4
The Commercial -Outdoor Recreational Uses
Overlay Zoning District
5
Mitigation and innovative programs
•
•
•
•
•
•
6
Higher flood regulatory standards
•
•
•
•
•
7
NCDOT and road improvements
•
•
e
1 Thoroughfare Plan
•
•
•
9
Town streets
•
•
•
10
Wider street right-of-ways for certain Town
streets
11
Sidewalks and NCDOT
•
•
•
•
12
Sidewalks and Town streets
•
•
•
13
Sidewalks and pedestrian infrastructure
improvements for new subdivisions
14
On -site septic systems as preferred method of
sewa a treatment and disposal
15
Need for additional water quality regulations and
enforcement
16
Evaluate and update the Stormwater
Management Plan
17
Maintenance of stormwater outfalls by NCDOT
and alternative methods for land disposal of
•
•
•
•
•
stormwater
18
Proper public notification and protocol for ocean
beach health closures
19
Assessing the Town's water processing
capacity, storage capacity, and distribution
•
•
•
system needs
20
High occupancy vacation and seasonal rental
houses
Land and Water Use Plan 2000
204

u
Chapter 24. Policies and Implementation Methods
Table 24.1. Interrelationships of Policies
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Town self-sufficiency, adequate services and
amenities in a flexible, cost effective, customer
•
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friendly manner
22
Aging housing stock, incentives, regulations,
and the "Nags Head image"
•
•
•
23
Open space and green space
•
•
•
•
•
•
24
The historic district
•
•
•
25
Community appearance, architectural image,
and heritage
•
•
26
Preservation of dunes, vegetation, and
topography•
•
•
•
•
•
•
•
27
Storm damaged homes and structures on the
oceanfront
'
'
'
•
•
'
•
26
Expansion of ocean and estuarine recreational
access sites, uses and activities
•
'
'
•
'
•
29
Development of traditional recreation facilities
•
•
•
•
30
Designation of Nags Head Woods as an Area of
Environmental Concern
•
•
•
31
Assessing the needs of police, fire, and ocean
rescue
32
Fire protection, site plan review, and zoning
•
•
33
Effective and economical methods for the
collection, disposal, and recycling of solid
•
.
•
•
wastes
34
Communication with residents and non-resident
1 property owners
•
•
' See discussion for full text of policies.
ILand and Water Use Plan 2000
205

Chapter 25.
Land Classification System
The land classification system provides a means of assisting in the
implementation of policies adopted in the Land Use Plan. By delineating land
classes on a map the Town can specify those areas where certain policies (local,
state, and federal) will apply. The land classification system as required by
CAMA is intended to be supported and complemented by zoning, subdivision
regulations, and other local land use management tools, and these tools should
be consistent with the classification system as much as possible.
The land classification system further provides a framework to be used by the
Town to identify the future uses of all lands. The designation of land classes
allows the Town to illustrate their policy statements as to .where and to what
density or intensity the Town wants growth to occur, and where the Town
wants to preserve natural and cultural resources by guiding growth.
Land Classification Classes
The land classification system can include seven classes: Developed, Urban -
Transitional, Limited -Transitional, Community, Rural, Rural with Services, and
Conservation. Local governments may subdivide these classes into more
specific subclasses. For Nags Head three classes have been applied to this land
' use map: Developed, Limited -Transitional, and Conservation. The other four
classes are not applicable to Nags Head.
Developed Class
The purpose of the developed class is to provide for continued intensive
development and redevelopment. Developed areas are urban in character and
include mixed land uses such as residential, commercial, industrial, institutional
and other uses at high to moderate densities. Town services including water,
streets and roads, and police and fire protection are provided to some extent in
' the Developed land class. The developed class for this land use plan is
subdivided into two categories. Subclasses refer to land currently in high
intensity use relative to the remainder of the Town.
tSubclass D-1
Portions of this area are now intensively developed with mixed land uses at
high to moderate densities. Intensive residential and commercial
Land and Water Use Plan 2000 206

P
Chapter 25. Land Classification System
development is expected to continue. When reconstruction occurs it would
be at the present level of intensity.
Subclass D-2
Some of this area is currently developed at the same intensity as the land in
D-1. When redevelopment occurs it shall be at the current level of density
and intensity allowed by the Zoning Ordinance at the time of
redevelopment.
Limited -Transition Class
The purpose of the limited -transition class is to identify land slated for future
development. The lands must be suitable for development and can be provided
with the necessary urban services. Limited -transition areas are those which are
currently under development or will be developed in the next five to ten years
to accommodate anticipated population and urban growth. Limited -transition
areas will provide land for development when the developed lands are no longer
available. Two subclasses of limited -transition lands are proposed. Limited -
transition subclass T-1 identifies land on which relatively high intensity
development will not be opposed by the Town. Subclass T-2 depicts land on
which low intensity development is preferred.
Subclass T-1
These areas will provide for future mixed land uses at moderate densities.
Services including water, streets, police and fire protection can be made
available if they do not already exist. The predominant lot size in this area
is 15,000 square feet.
Subclass T-2
' These areas will provide for predominately residential growth at low
densities. For new subdivisions of land other than in the SPD-C district, lot
size will be 20,000 square feet or larger. T-2 areas will also serve as a
buffer between the more intensively developed areas and the less developed
conservation areas.
I
Conservation Class.
The purpose of the conservation class is to provide for the effective long-term
management and protection of significant, limited or irreplaceable resource
areas. Conservation areas should be developed in a cautious fashion,
recognizing the environmental sensitivity of these areas. Two subclasses for
conservation areas are proposed: E-1 (Environmental-1) and E-2
(Environmental-2).
Subclass E-1
Land and Water Use Plan 2000
207

Chapter 25. Land Classification System
These are areas which are environmentally significant lands because of
their natural role in protecting the ecology and integrity of the coastal
region. They include areas containing hardwoods, swamp forests, areas of
wildlife habitat and contain significant productive, natural, scenic, cultural
or recreational resources which make the region a desirable place in which
to live, work, and visit. Conservation subclass E-1 should be developed in a
manner which offers the greatest amount of protection of those natural
resources. Urban services should not be provided to stimulate intense
development. Maximum density, for land not currently subdivided, should
be approximately one residential unit per two acres.
Subclass E-2
These areas include ABCs, public trust waters, estuarine waters and
estuarine wetlands, the ocean beaches, Jockey's Ridge State Park, the
Town -owned portions of Nags Head Woods. Allowed uses on these lands
would be limited to only those uses allowed by the Zoning Ordinance at the
time of consideration of the proposed use.
Land and Water Use Plan 2000
R
L

I
1
Chapter 26.
Citizen Participation and Meetings
April 10, 1996. Advisory Committee Scoping Session
The initial meeting for the preparation of the questionnaire was a
"scoping" meeting. the purpose f the meeting was to identify important
issues and concerns to be addressed in the Citizen Questionnaire.
Following a review of the 1990 citizen survey effort, the Advisory
Committee identified _ growth issues and concerns.
May 1, 1996. Advisory Committee Work Session
May 15, 1996. Advisory Committee Work Session
The purpose of this meeting was to review the results of the previous
meetings, and to pre -test and review a preliminary draft of the
questionnaire.
June 5, 1996. Board of Commissioners Meeting
This meeting was held to provide the Board of Commissioners the
opportunity to review the draft of the questionnaire report, taking into
consideration the comments received from the Advisory Committee, as
well as the Commissioners' own perspectives on how best to address
various issues.
November 6, 1996. Presentation of survey results to Board of
Commissioners
November 5, 1997. Presentation of Model Mitigation Plan and draft Land
Use Plan policies to Board of Commissioners
July 15, 1998. Workshop with Board of Commissioners and Planning
Board
July 29, 1998. Workshop with Board of Commissioners and Planning
Board
September 16, 1998. Workshop with Board of Commissioners and
Planning Board
October 7, 1998. Workshop with Board of Commissioners and Planning
Board
Land and Water Use Plan 2000 209

IChapter 25. Land Classification System
'
May 19, 1999. Workshop with Board of Commissioners and Planning
Board
July 21, 1999. Workshop with Board of Commissioners and Planning
Board
August 26, 1999. Meeting with Land Use Plan Committee
'
October 21, 1999. Meeting with Land Use Plan Committee
February 2, 2000. Meeting with Land Use Plan Committee
'
March 8,2000. Workshop with Board of Commissioners and Planning
Board
May 23, 2000. Workshop with Board of Commissioners and Planning
'
Board
June 20, 2000. Planning Board Plan
reviews
June 20, 2000. Plan available for public review
August 2, 2000. Public Hearing
September 6, 2000. Adopted by the Nags Head Board of Commissioners.
September 29, 2000. Approved by the North Carolina Coastal Resources
Commission
1
ILand and Water Use Plan 2000 210

1
1
I
J
Chapter 27.
Glossary
1. Area of Environmental Concern (AEC). AEC's are areas where poorly
sited development could damage sensitive natural resources, and they are
areas where a CAMA permit is required. AEC's include ocean hazard
areas (ocean shorelines), estuarine system, public water supply areas
(Fresh Pond), and natural and cultural resources.
2. CAMA. The Coastal Area Management Act. A State program developed
to follow the federal Coastal Zone Management Act regulating
development in twenty coastal counties. The Division of Coastal
Management (DCM) is the primary state agency administering the
Coastal Area Management Act.
3. Cottage court. A type of residential development characterized by
multiple residential buildings and dwelling units on a single lot.
4. CBS. Community Rating System of the National Flood Insurance
Program. A voluntary program where the Town agrees to perform certain
activities, e.g. track elevation certificates, hurricane and storm
information dissemination, etc. and in return flood insurance premiums
for individuals in a special flood hazard area (AE and VE flood Zones)
are reduced.
5. CZAM. The Coastal Zone Management Act (CZMA) is the primary
Federal program for protecting the nation's coastal areas from pollution
and development pressures.
6. Extraterritorial Zoning Jurisdiction (EV). An area over which a
municipality exercises building and land use jurisdiction as allowed by
North Carolina law. State statue allows municipalities to extend their
planning jurisdiction up to one mile from their corporate limits.
7. Family beach atmosphere. A general term denoting uses and activities
that are healthy and embraced by the traditional family. Common
attributes identified by the respondents in the 1996 Land Use Survey for
preservation of the "family Beach" included: low building height and
densities, open space, single-family housing and old historic. The least
important was amusements and commercial development.
Land and Water Use Plan 2000 211

1 Chapter 25. Land Classification System
' 8. FEM. Federal Emergency Management Agency
9. FIA. Federal Insurance Administration
' 10. FIRM. Flood Insurance Rate Map
11. Gallery Row. An area in Town including the Village Commercial
District. The primary uses in this district include art galleries and other
' small scale business operations dealing primarily in the arts and
craftsmen.
12. Incipient inlet. A land area that due to its unique topographical features
'
and proximity to water bodies that an inlet connecting the ocean to the
sound could form in this area.
13. MGD. A tern used to indicate the volume in gallons of liquid that is
"pumped over a specific time period such as a day in million of gallons
(mgd) or gallons per hour (gph).
'
14. Nags Head image. An image of Nags Head best typified by the homes
and the architecture of the homes in the "historic District".
15. Nags Head Woods. A general term referring to the maritime forest on the
'
western most extensions on land areas in the northern section of Nags
Head.
16. NFIP. National Flood Insurance Program
17. Project Impact: Building a Disaster resistant community. Project Impact
'
is a voluntary initiative of the Federal Emergency Management Agency
designed to encourage businesses and communities to undertake actions
to reduce the effects of natural hazards through collaboration, preparation
and implementation of actions that protect families, businesses and
communities.
18. PWC. Personal water craft. A type of recreational watercraft that uses an
inboard motor powering a water jet pump as its primary source of power.
'
At times a PWC were called a "jet ski" which is a copyrighted trademark
for one of the PWC manufactures.
'
19. Seasonal rental dwelling unit. A dwelling unit, or units which are used to
house large numbers of unrelated individuals generally during the peak
summer season.
'
20. Shoulder season. A term that refers to the off peat summer tourist season
generally running from fall through early spring.
21. Single-family dwelling unit. A detached building designed for or
'
occupied exclusively by one family.
1
Land and Water Use Plan 2000 212

L�
1 Chapter 25. Land Classification System
22. SPD-C. Special Planned Development -Community District. A zoning
district which allows for a planned unit development where typically
home and businesses are concentrated in one area with "open space"
occupying another are of the unified tract. The Village of Nags Head was
developed as a special planned development community.
' 23. The Village at Nags Head. A special planned development -community
(SPD-C)
24. US Army Corps of Engineers. COE, USCOE. A federal agency
responsible to certain wetland determinations and permitting
development in wetlands as well as a federal agency responsible to the
protection of certain migratory animals, such as sea turtles with beach
' bulldozing operations.
25. Water consumption unit. The amount of water used by a particular use in
one day. In Nags Head one WCU is equivalent to the amount (400
' gallons) of water used by a single-family home during a day in the peak
season.
1
t'
Land and Water Use Plan 2000 213

OCEAN BEACH ACCESS SITES
1. Eighth Street
2 Albatross Street
3. Abalone Street
4. Bames Street
5. Blackman Street
6. Bonnett Street*
i 7. Bittem Street
8. Bladen Street
9. Bainbridge Street
10. Hollowell Street
11. Conch Street
12. Small Street
13. Dowltcher Street
14. Enterprise Street
i 15. Loggerhead Access
16. Municipal Building
17. Epstein Access*
18. Forrest Street
19. Glidden Street
20• Gull Street
j 21. Grey Eagle Street
22. Gultstream Street
23. Governor Street
24. Huron Street
25. Holden Street
26. Hargrove Street*
27. Ida Street**
28. Islington Street**
29. Jay Street**
j 30. June Street**
31. James Street**
32. Juncos Street
33. LimulusAccess
40. Ehman Property"
ESTUARINEACCESS SITES
34. Jockey's Ridge
35. Danube Street
36. Causeway Site
37. Little Bridge
I 38. Old Road**
OTHER SITES
39. Nags Head Woods
Family Area
* Regional Access Site
** Unirrproved, no parking
I !
I
Map 5.
Town of Nags Head
Public Recreational Facilities
O
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16
17
tl ti y1�` 19
20
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T his�m�ap was developed for essay review and display
Mre Town y. d is not to he oorddened a legal doamert
Discla rnw Every effort has been made to ensure that the
informalon 6pcted here is correct, bat it is not possible to
guaratee the doaurors local or overall accuracy. Errors,
axim-M from source materials, ardVa irtrodwed cluing
mrplation may be presert. Users of ttis docurnert are
ttlefe(ore advised to exaydse cation vAm irtenpreli g
irfornro en repesated on ltis map.
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28
29
30
31
32
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33
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! 5,280 projection of
Town Limits line
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w F Cottage Court
Multi -Family
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Religious Complex
Public -Governmental R1
Commerical Outdoor Rec.
Private Recreation
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TNC/ Nags Head Woods
Cape Hatteras National Seashore
Public Beach Access
Commercial -Outdoor Recreation Use
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Overlay District
m
Extraterritorial Zoning Jurisdictional Areas
Hiking Trails
a
General Information
Note: This map was developed for review and display
purposes only-, it is not to be considered a legal
document.
This map was designed and produced by the Town of
Nags Head, Office of Planning and Development. A
Impetus is provided through efforts underway directed
at updating the Town's Land -Water Use Master Plan. o
This document is a component of that plan. m
The data represented on this document reflects the
state of the Town as of January 1, 1997. Changes
since that time are not included here.
Disclaimer: Every effort has been made to ensure
loon 0 1000 2000 soon 4000 5000 Feet
that the information dipicted here is correct, but
- - -
it is not possible to guarantee the document's
local or overall accuracy. Errors, conveyed from
Map Scale: 1:15000
source materials, and/or introduced during
processing may be present. Users of this document
Coordinate System: North Carolina State Plane
are therefore advised to exercise caution when
Zone: 901
interpreting information represented on this map.
Base Projection: Lambert Conformal Conic
Adopted by the Nags Head Board of Commissioners,
Horizontal Datum: North American Datum, 1927
September 6, 2000
Planning and Development
Approved by the North Carolina Coastal Resources Commission,
Town of Nags Head, North Carolina
September 29, 2000
Publication Date: November, 2000
Land and Water Use Plan Policies
The following are policies which represent
and summarize the majority of the action
policies in the Nags Head Land and Water
Use Plan. The North Carolina Coastal Area
Management Act (CAMA) requires that all
adopted policies are achievable by local
governments and are within the fiscal
constraints and management system of
local governments.
Following each policy (in parentheses) is the
priority for that policy. The timing for
completion of policies are based upon the
riorit assi ned and are as follows:Y,
Hi hest Prior itt • High Priorit • Priorit • and
y
Low Priority.
Y' '
Some policies which were rated less than
High Priority represent issues and concerns
which: (1) may not demand considerable
Staff time and resources; (2) are beyond the
direct control of the Town; or (3) are on-
going projects to which the Town is
committed. (For a complete listing of
Policies and their implementation actions
see the Land and Water Use Plan)
POLICIES
• 1 The Town recognizes beach nourishment
as our preferred alternative for addressing
the impacts from barrier island migration
and ocean erosion. However, the Town also
supports a variety of methods to abate the
impacts to ocean erosion, these include, but
are not limited to acquisition of threatened
structures, relocation of threatened
structures and the establishment of
innovative technology or designs which may
be considered experimental, which can be
evaluated by the CRC to determine
consistency with 15A NCAC 7M .0200 and
0
c.
the other general and specific use standards
with the CAMA rules. (Hi hest Priority)
The Town supports each nourishment
comprojects for the pTown beaches subject to
mensurate fundingappropriations from
federal state and locl urcces. The Town
will support and encourage the
establishment of a statewide Leach
management strategy and policy along with
a dedicated fundin program designed
specifically for beachp B restoration and
nourishment I
ro•ects.
P
(Highest Priority)
The Town recognizes that the ocean
beaches are our single greatest asset.
Fundamental elements important to the
Town include, clean beaches, ample
recreational access opportunities, no
commercialization, reasonable beach
driving regulations and the prompt
resolution of user conflicts as the arise.
(Highest Priority)
y
g Y The Commercial Outdoor Recreational Use
Overlay Zoning district was established to
accommodate the ever-growing commercial
recreational development requests made to
the Town. It shall be a policy of the Town to
periodically review the adequacy of these
regulations and make the necessary modifications when public health safety
and welfare issues arise. The Town shall no
enlar a the Overlay district and shall
consider reducingthe District in size or
amendingthe uss when conflicts develop.
p
(Priority)
Mitigation represents a proactive
approach to reducing the vulnerability of
risk to ro erties in the Town. The Town will
investigate innovative programs and seek
9
funds gfor mitigation measures such as
Grid
4�
North
The preparation of this map was financed in part through
a grant provided by the North Carolina Coastal Manage-
ment 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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5,280 projection of;-
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relocation of threatened structures and
more stringent building codes for high
hazard areas that support the growth
management policies of the Town.
g
(High Priority)
The Town shall consider higher flood
re ulator standards for vehicle and
equipment storage areas and structures or
i facilies that produce, use or store highly
volatile, flammable, explosive, toxic and or
water -reactive materials that may cause
environmental problems if flooded or
destroyed.
(Highest Priority)
The Town will work with and petition
NCDOT for (1), the necessary road
improvements in getting people to the
town, (2) finding ways to reduce the number
of vehicles and reduce traffic congestion
within the Town on US 158 and (3) increase
efficiency on NC 12 and US 158. Such
improvements including, but not limited to
medians, a flyover at Whalebone Junction,
signal coordination, new signals or the
removal of existing signals.
(High Priority)
Thoroughfare Plan. The Town
conceptually accepts the Outer Banks
Thoroughfare Plan dated March 1996 and
Town supports improvements, such • as
adding grassed medians where appropriate
on US 158 which are designed to enhance
safetyfor citizens and visitors, however the
Town does not favor improving those cross
streets which have been identified b
NCDOT in the connecting NC 12 and US 158
until a need has been enmonstrated.
(High Priority)
Town Streets. The Town will evaluate all
future development for its impact on
traffic congestion and manage this
development so as to minimize its
impact on traffic. More specifically, the
Town encourages development to exit
on side streets rather than South
Croatan Highway. (Highest Priority)
®10 During the subdivision process the
Town shall require wider rights -of -was
and greater construction standard to
proposed town streets when it can be
demonstrated that the proposed street
may be required to acceptplocal traffic
from other q nearbystreets which may
be damaged or thratened or closed by
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natural events.
(Low Priority)
� �, Sidewalks. The Town places a high
value on and encourages the use of
alternative means of transportation
including sidewalks. The Town will
lobby and work with NCDOT for
construction of a detached multi use
path along the east side NC 12. The
Town will cooperate with NCDOT and
othermunicipalities in developing a
coordinate pedestrian multi -use path
on the Outer Banks.
(Highest Priority)
2 The Town will continue to install
sidewalks within Town right-of-ways to
facilitate pedestrian traffic and
movement to recreational sites and
amenities and other areas which
generate pedestrian traffic when the
need is demonstrated. The Town will
install these sidewalk improvements to
correspond with existing and proposed
NCDOT's signalization plan.
(High Priority)
ciS The Town shall consider requiring
the installation sidewalks and other
pedestrian facilities as part of the
required infrastructure and
improvements for new subdivisions.
(Low Priority)
o d 1 The preferred form of sewage
treatment and disposal shall be the on -
site septic systems. The Town realizes
that proper maintenance of septic
systems and strict enforcement of local
and state rules are essential for their
safe operation and through the Septic
Health Initiative Committee. The Town
shall develop a Management Plan as
well as preventative and educational
programs for distribution to residents
and visitors designed to identify and
correct failing septic systems.
(Highest Priority)
io�S Proper placement and maintenance
of septic systems located in close
proximity to drainage ditches or
located near the ocean or sound are
essential for maintaining high water
quality standards. When septic systems
fail, effluent can enter these waters
and lead to health concerns and
closures. The Town does not consider a
water classification of SB or SC
acceptable and will support research to
determine the sources of pollution and
consider or lobby for additional
regulations or enforcement of existing
regulations to prevent further
degradation and shall seek measures
to enhance water quality where
needed.
(High Priority)
• 16 The Town shall continually assess
and evaluate the Stormwater
Management Plan and update the plan
when necessar and shalt active) work
to minimize the rate and amount of
stormwater runoff into ocean and
sound waters and the impact that
stormwater has on those waters.
(Low Priority)
o�Y The Town recognizes that
maintenance is essential for the proper
functioningof the ocean and sound
outfalls shll actively lobby NCDOT for
continued maintenance. The Town will
work to eliminate existing ocean and
estuarine outfalls when economically
viable alternatives exist for land
disposal.
(Priority)
o 18 The Town recognizes that when
ocean beaches and estuarine areas and
waters are closed for health reasons,
proper public notification of the
closures is essential for public safety.
The Town will work with the respective
regulatory agencies to develop a
nProtocol and gto ensure that ublic
otification is released in a tome)
manner after careful monitoringhas
indicated that the agreed u on
standards have been g exceeded.
(Priority)
o ` c� The Town shall continually assess
the Town's water processing capacity,
storage ca acit and distribution
system alon y with monitorin
adeuate ressure and fire supply and
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shall mate the necessarysystem
improvements when needed. The Town
recognizes the importance of a dual or
looped water su Iy system for
wpressure, service and fire su I and
ill continue to loopthe system when
opportunities and fundin permits.
Lew Priority)
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*20 The Town realizes that vacation
rentals and seasonal rentals, and
particularit the rental of large
oceanfront homes while promoting the
single-family tourist rental economy,
can significantly/ impact Town municipal
resources and infrastructure. The Town
shall comprehensively review impacts
that these large structures have on the
resources, municipal services, and
neighboring Iroperties and amend
g gzonin anTown regulation
accordingly.
(High Priority)
•21 The Town will maintain its relative
self-sufficiency by providing adequate
services and amenities for residents
and visitors and shall provide municipal
services in a flexible, cost effective,
customer friendly manner. The Town
will continue to review and modify fees
as needed, including the addition of
new facilities fees to pay for new and
continued development of Town
infrastructure while requiring private
development to fund the installation of
infrastructure needed by e thproposed
development. (Priority)
922 As the existing housing stock ages,
the Town shall consider incentives and
regulations to help ensure that the
replacement housing stock is in keeping
with the "Nags Head image". (Low
Priority).
923 Open space and • green space are
important elements in the Nags Head
image. The Town will inventor open
space, active) pursue ran s and
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funding opportunities and develop and
implement a plan to acquire and
preserve open space throughout the
Tow. n s
(Highesil Priority)
•24 The historic district represents an
irreplaceable part of the Nags Head
image and past. The Town shall
careful) consider an proposed land
use change -not onlywithin he district
but near by that rould diminish the
uniqueness of the homes in the district.
The Town will promote the creation of a
historic district to reserve the historic
beach front cottages but will not
establish such a district until a majority
of the affected property owners
support it.
(Low Priority)
®23) The Town shall continue to address
community appearance concerns
throw h the ex'stinp boards (Planning
Board Citizens Advisory Committee
and Board of Commissioners). The Town
shall work toward developing
incentives designed to enhance,
promote and protect the Town's
architectural image and heritage and
will consider the creation of an
Appearance Commission and or a
Corridor Commission to promote the
general appearance of the Town.
(High Priority).
,&26 The Town views the preservation of
dunes, vegetation and topography as
an important component in the Nags
Head image and shall strictly enforce
then: applecable rules and
regulations and seek additional
measures as needed to preserve these
elements as much as possible.
(High Priority)
•27 The Town recognizes that damaged
homes and structures on the oceanfront
represent a nuisance, eyesore and
visual blight and the Town shall take
appropriate measures to abate this
nuisance and will seek changes in NFIP
regulations to establish realistic
regulations for declaration of
destroyed structures. (Highest Priority)
o28 The continued success of the Town
as a tourist and vacation destination
depends in part on the continued use
and expansion of recreational uses and
activities on the ocean shoreline and in
the sound. The Town shall provide an
adequate mix of recreational access
sites for residents and visitors in order
that they can enjoy the ocean and
estuarine shore�ine and water
recreational opportunities.
(High Priority)
49 The Town shall activel plan and
seek funds for the deve4o went of
traditional recreation uses as the needs
are identified and shall consider
acquiring and developing small
neighborhood recreation areas as funds
become available.
(High Priority)
•30 The Town shall pursue the
designation of Nags Head Woods as an
Area of Environmental Concern (AEC).
(Low Priority)
•31 It is the policy of the Town to
continual) assess the police, fire and
rescue needs of the Town and to make
personnel and resource expenditures
commensurate with the needs created
by development and the changing
nature of the social environment.
(Priority)
*32 The Town shall consider the impact
on public safety during the review of
site plans and durin consideration for
oro sed changes g to the zoning
rdinance and shall encoura a the us
of sprinkler systems, stand g pipes and
the P rovision for fire lanes as
important fire prevention measures.
(Priority)
•33 The Town shall provide the most
effective and economical methods for
the collection, disposal, and recycling of
solid waste.
(Priority)
•34 The Town will assess the
effectiveness of its communication
efforts with residents and non-resident
property owners.
(Highest Priority)
26
6%
Dwelling Units
January 1, 1997
El Single-family/duplex
■Multi -family
El Cottage courts
❑ Hotel
62%
Percentage
20%
15%
10%
5%
0%
Age Distribution
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N N C� r-) ­t_ Lf--)
'131970
L9M18090
Age

Town. Yet the growth pressures which Nags Head is
currently experiences indicate that the Town has
been "discovered," and that this discovery puts in
jeopardy many of the features and characteristics
that make the Town such an attractive place in
which to live and vacation.
The local planning requirements of the North
Carolina Coastal Area Management Program (CAMA)
provide the framework in which to analyze and
project these future growth pressures, identify the
problems and concerns they raise, and develop
appropriate policies and actions for dealing with
them. LAMA mandates that coastal localities update
their land use plans at least every five years, and
what follows in this plan is the result of the
updating process. Nags Head is truly at an
important juncture and this plan update must
provide essential direction and guidance for
managing Nags Head's growth, both in the short
and long terms. It is important to recognize that
even if this planning effort was not required under
CAMA provisions, the Town would still have
undertaken it.
This plan differs somewhat from the traditional
land use plan produced as a result of CAMA
regulations. Within this land use plan the Town
presents an "Ocean Beach Plan" and an "Estuarine
Plan." Both the ocean beach and estuarine plans
look comprehensively nt all the issues -both land
based and water based in each of these unique
areas of the Town. Those policies, regulations, and
rules which may be applicable to the ocean beaches
and oceanfront, may not be applicable to the
estuarine areas of the Town. Each plan addresses
all the land use and water use components and
concerns of each area and suggest measures to
enhance each area.
With previous plans most of the planning emphasis
and policy development have been placed on land
based planning. However, in this plan we also
address water use planning, and accordingly this
plan is entitled "The Nags Head Land and Water
Use Plan."
The essential purpose of this plan is to permit
Town officials to make the most deliberate and
informed decisions as possible about future
growth. The plan attempts to comprehensively
analyze the likely impacts of growth, identify Town
goals with respect to these impacts, and present
policies and actions to manage this growth
consistent with these goals. This plan will be used
and referenced in future land or water use
decision -making, and in particular by several key
sets of local actors: the Board of Commissioners,
Planning Board, Board of Adjustment, and the
Town's Department of Planning and Development.
In addition, the Board of Commissioners has
appointed a Citizens' Advisory Committee to collect
public opinion on planning, as well as other issues,
and to act as liaison between the Board of
Commissioners and citizens in the community.
While the plan represents the codification of Town
policies at one point in time, the Town's Land and
Water Use Plan is dynamic and evolutionary.
Numerous land and water use decisions are made
each month. Hopefully, this plan provides the basis
for understanding the implications of future land
and water use decisions (including failing to take
action), and will serve as an overall framework for
guiding future decisions by the Town.
The Town of Nags Head is somewhat unusual in
that the policies in the Land and Water Use Plan
serve as a five-year work plan. The adopted
policies are prioritized, and time tables and goals
are established for their implementation. While
CAMA regulations require that the Town address
development and land and water use issues, those
same regulations do not require that towns or
counties follow through and implement the adopted
policies.
In considering policy development, the Town
carefully addresses each policy area. Not only are
the positive aspects of a policy considered, but
negative concerns are also recognized. Not all
policies are implemented. Sometimes after
thoughtful discussion with various boards and
citizens, or after considerable research by staff, it
is found that the implementation of a particular
policy may not be practical for any number of
reasons. The Town places great emphasis on the
planning process, that is, a willingness to commit
time, energy, and money to gather information,
identify the problems, develop goals and
objectives, identify and discuss alternative
solutions, select a plan of action, and implement
the plan. In Nags Head the process does not stop
with implementation of a policy or goal. There is
continuous monitoring and adjusting to fine-tune
any plan or ordinance.
OVERVIEW OF NAGS HEAD AND THE LAND AND WATER
Ridge. Nags Head is a recreational wonderland
g g '
been a result of the remoteness of the own.
tT
Town will need to seek measures to maintain the
Some significant ordinances and policies adopted
since the 1985 Land Use Plan are: (1) The Village at
USE PLANNING PROCESS
closely tied to its natural environment.
However, like all of the Dare County beach
character of the existing housing stock. To
,
Nags Head Development Standards, (2)
The Town of Nags Head is a unique and attractive
Nags Head, from its early beginnings in the 1800s,
communities, Nags Head, especially during the mid-
accomplish this, the Town must seek measures
Environmental district regulations for SED-80; (3)
g
resort communityon the Outer Banks of North
has consisted predominantly ofsingle-family�
p y
t o late-1980s experienced
e e enced tremendous rowth and
Pg
r tr (retrofitting techniques and careful monitoring of
(e o g ec ques g
,
Lot coverage requirements, (4) Hotel and multi-
.
Carolina.A number of characteristics make �t an
cottages and a few hotels. Family operated
development pressures. As an indication, the
our existing housing during periods of renovation)
g g g P
•
family development standards, (S) Hurricane
attractive lace to live or vacation. Amon them
P 9
businesses and cottage courts made u the
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permanent population increased 80 percent from
•
to ensure that the existing pattern and character
• • • •
Mitigation and Reconstruction Plan, (6) Facility Fees
are its proximity to water and beaches, its
commercial sector of Nags Head. These factors
1980 to 1990. The most significant growth
of Nags Head will be enhanced.
Ordinance; and (6) Capital Improvements Plan.
P P
abundance of open aces itsgenerally low
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contributed
co r buted to a certain charm and a slow and
P ressures in the Town are and will continue to be
The 1990 Land Use Plan Survey of the attitudes ofSignificant
y
• •
ordinances lane and policies adopted
.P •a P P
densityof development, and the overall quality of
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relaxed ace of life. The Town has been and still is
P
generated by seasonal resort development. The
residents and property owners found that most
,
since the 1990 Land use plan include. (1)
its natural environment. Nags Head is primarily an
9 P Y
an annual vacations of for a countless number of
P
task the Town is now facing is how to balance the
were in agreement that Nags Head should remain a
• •
Participation in the Community Rating System, (2)
ocean and sound oriented community. The Town is
families who make repeat visits from their
• •
needs of residents, visitors, and the tourist
family -oriented beach. This belief was again
Y 9
Adoption of a Comprehensive Stormwater
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fortunate significant
u ate to have s� n�fuant natural resources,
9 ou es
• •
hometowns. For man visitors
s ors and residents, Nags
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industry, and not destroy those natural and
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•
nf� h 99 Land Use Plan Survey. The
confirmed �n the l 6 U S y. a
n h t r
Pla , (3) The Commercial -Outdoor
including the ocean and its beaches, the sound, a
Head is a "familybeach."
cultural features which have made Nags Head an
results from both surveys highlighted the level of
YY9
Recreational Uses Overlay District zonin
complex natural area called Nags Head Woods
Nags Head has been slow to develop when
attractive I ''
e place to live and visit. The Town currently
importance that residents and non-resident
p
regulations; and (4) The 1997 Model Mitigation
9 9
(consisting of stable productive marshlands,
( g , p ds, fresh
compared to other resort and vacation areas along
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has over 3,000 single-familydwelling units. Of
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property owners place on the quality of the natural
•
Plan. (In 1998, the Town adopted extensive
water ponds, and steep migrating and stabilized
the east coast, e.g., Myrtle Beach, South Carolina,
that number 18 percent were built before the
environment includingsuch things as access to
9
regulations on sexual) Oriented Businesses and
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dunes), and unique geological features like Jockey's
Ocean City, Maryland. This slow growth has partly
advent f modernstorm
tor rest tart buildi,n
gdes.
beaches and the protection of open space in the
Personal Watercraft.)
As more
MISSION STATEMENT AND VISION STATEMENT
and to facilitate the achievement of community goals by
behind us.
providing municipal services in a flexible, cost effective,
The Town of Nags Head is working to build a
customer friendly manner and to achieve this through
community with an economy based on family vacation
The central theme for Town of Nags Head Land and
an open, consensus driven process that treats all with
tourism. The base of that economy is the rental of
Water Use Plan centers around and uses the Town's
respect.
single-family homes. Important elements in developing
Mission and Vision Statements adopted by the Board of
and maintaining this economy are
Commissioners on June 4, 1997. The Mission and Vision
Statements are simply that, a statement and vision on
THE TOWN OF NAGS HEAD VISION STATEMENT
An oceanfront beach that is accessible and usable,
how the Board of Commissioners believes the Town
not blocked by large structures.
should be developed and what principals and values
The Town of Nags Head is working to build a
A natural environment typified by clean waters and
should guide that development.
community populated by diverse groups whose common
the natural landscape of sand dunes and salt tolerant
The following is the mission statement and vision
bond is a love of the Outer Banks. We recognize that the
vegetation.
statement adopted by the Nags Head Board of
Town must be a good place to live before it can be a
Commercial services provided by locally owned
Commissioners.
good place to visit. We recognize that those who have
and operated businesses that share in the building of
lived on this land before us have forged our path and
our community.
that we must learn from them and respect their
Recreational amenities and attractions, both
THE TOWN OF NAGS HEAD MISSION STATEMENT
memory. We recognize that our natural environment is
commercial and non-commercial, that are wholesome
an integral part of our community and must be
and appeal to a broad spectrum of family members.
The mission of the Town of Nags Head is to provide
considered in all decisions. We recognize that in order to
for the health, safety and welfare of the citizens,
secure this future we must work together, treating all
property owners and visitors of the town, to fulfill the
with respect and providing all with justice, keeping our
requirements placed on it by the State of North Carolina
common goals in front of us and our petty differences
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Horizontal Datum: North American Datum of 1927 2 � � 4 \` \ '` ` �;� ,, ,' , ��.
Adopted by the Nags Head Board of Commissioners, -_- , I _ - �._
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September 6, 2000 Planning and Development ! �1 ' - � \� !:_ --
i
Town of Nags Head, North Carolina [ . ; \ \ S&TvPp"S In
Approved by the North Carolina Coastal Resources Commission, 1 �. ^, I§ � � 1. \- t
September 29, 2000 Publication Date: November, 2000 � \ ^ ti.