Waterfront Access Plan-1995

1995
WATERFRONT ACCESS PLAN
Shallotte, North Carolina
Howard T. Capps 86 Associates, Inc.
Land Planning • Landscape Architecture
201 North Front Street, Suite 402
Wihnington, North Carolina 28401
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
PLEASE DO NOT REMOVE

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1995
Waterfront Access Plan
Shallotte, North Carolina
Mayor and Aldermen
Sarah L. Tripp, Mayor
David. Gause, Mayor Pro-Tem
Paul Wayne Reeves
Wilton Harrelson
Morris Hall
Roney Cheers
Planning Board
Carson H. Durham, III, Chairman
Paul Wane Reeves, Vice -Chairman
Tim Carter
Alan Lewis
Tony Maglione
Davis Milligan
Conrad Pigott
' Jack Scarborough (ETJ Member)
Shirley Waggoner -Eiseman (ETJ Member)
Mary Etta Hewett, Town Clerk
Sandra Hewett, Secretary to Planning Board
Albert Hughes, Building Inspector
Technical Assistance
Howard T. Capps 8� Associates, Inc.
Land Planning - Landscape Architecture
201 North Front Street, Suite 402
Wilmington, North Carolina 28401
The preparation of this document was financed, in part, through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resources Management, National Oceanic and Atmospheric Administration.

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TABLE OF CONTENTS
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I. Introduction 1
II. 1992 Land Use Plan/Public Participation 1
III. Inventory of Existing or Potential Sites 5
IV. Existing Conditions of Identified Sites 8
V. User Analysis and Desired Waterfront Access
Sites. and Facilities 11
VI. Types of Facilities Needed for Access and Access Policy 13
VII. Constraints Analysis 1.4
VIII. Shallotte Plan of Action to Provide Access 15
IX. Priority for Implementation 19
X. Cost Estimates 25
M. Potential Funding Sources for Plan Implementation 29
Appendix
Application for Conservation Tax Credit Certification
Tax Credit Legislation
Limited Liability Legislation
Maps
Location Map
2
1
Existing and Potential Waterfront Access Sites
6
2
Existing Conditions Map
9
3
Traditional Estuarine Access Map
12
4
Index for Maps 5 & 6
16
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Potential Access Sites Map 5
17
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Potential Access Sites Map 6
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Relocated School Site
21
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Proposed Boat Ramp and Park
22
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Park at Village and Main
23
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Proposed White's Landing Park
24

Introduction
The primary goal of the Waterfront Access Plan is to improve waterfront access so
both residents and visitors can enjoy the waterfront heritage of Shallotte. The
Town of Shallotte, is located on the Shallotte River in the southeastern corner of
North Carolina (see Location Map).
Local officials have seen the need for some time to establish public access to the
River for the benefit of both residents and visitors to the community. For that
reason, the 1992 Shallotte Land Use Plan addressed the issue of improved
waterfront access. The plan established a policy that stated that Shallotte officials
will work to establish public waterfront access.
The Town of Shallotte applied for and received a CAMA grant to prepare this
Waterfront Access Plan, the purpose of which is to identify existing or potential
public access opportunities and to set goals and implementation strategy to provide
needed public shoreline access. Another goal is to provide more recreational
opportunities for local residents and visitors to the area adjacent to the Shallotte
River which is considered a major natural resource.
H. 1992 Land Use Plan/ Public Participation
A. Land Use Plan Policy on Access
Prior to conducting an inventory of existing sites or holding any public
participation meetings on the preparation of the Waterfront Access Plan,
the 1992 CAMA Land Use Plan was reviewed for pertinent information on
policy dealing with shoreline access.
A policy y on page 50 of the 1992 Land Use Plan states that Shallotte will
work to establish a waterfront access program. Shallotte policy will be to
continue to work to obtain funds through State and federal programs such
as the CAMA Access Program and Land and Water Conservation Funds to
purchase and develop coastal and estuarine water access areas and access
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areas along the Shallotte River.
Implementation Strategies:
1. Shallotte will seek grant funds to prepare a Waterfront Access and
' Development Plan.
2. Shallotte will prepare a waterfront access plan including cost
' estimates for acquisition and development of improvements.
Shallotte Waterfront Access Plan

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3. The Shallotte Planning Board will consider incorporating into the
' Town Subdivision Regulations the requirement that all future
subdivisions dedicate or pay a fee in lieu of dedication for
waterfront access.
Since this policy was adopted in 1992 as part of the land use planning
process, implementation strategy 1 has been completed, and item 2 will be
accomplished with the completion of this plan.
On page 51 of the 1992 Land Use Plan, another policy statement is found
that deals with recreation. It states that Shallotte policy shall be to support
recreational opportunities in Shallotte as financially feasible. Shallotte will
pursue all resources to expand recreational opportunities and improved
public access to the Town's river, creeks, streams and tributaries through
utilization of CAMA access funds, Land and Water Conservation funds and
any other State or federal funds that might be used for recreational facility
acquisition and development. The Town will also work in cooperation
with the Brunswick County Recreation Department.
' Implementation Strategies:
1. The Town will apply for State or federal financial assistance on an
annual basis to acquire and/or develop more recreational facilities
and park sites.
On pages 48 and 49 of the 1992 CAMA Land Use Plan, two additional
policies address a local concern for continued use of the Shallotte River
tand its tributaries for commercial and recreational boating.
' In addressing commitment to State and federal programs, Shallotte policy
shall continue to be to support State policy on erosion control, public
access programs, highway improvements and dredging operations
necessary to maintain the Shallotte River. Shallotte policy shall continue to
be to request financial assistance from State or federal agencies in
providing Town services such as water, sewer, roads and bridges.
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In regard to channel maintenance and beach nourishment projects, while
the Town does not rely upon the Shallotte River as a primary source of
commerce, there is nonetheless considerable support in the community for
the continued maintenance of the Shallotte River in a navigable condition.
The river is perhaps the single most important natural feature of the
community, and there is considerable interest in seeing that the river is
maintained in a useful and attractive condition. If the river were to become
unnavigable, recreational boating and fishing would cease, and the overall
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Shallotte Waterfront Access Plan 3

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quality of life in the eyes of many residents would decline measurably.
Therefore, the Town of Shallotte policy shall be to support maintenance of
the Shallotte River channel as a navigable stream for boating and fishing.
Implementation Strategies:
1. The Town will continue to cooperate with the U.S. Army Corps of
Engineers in its effort to maintain the navigability of the Shallotte
River.
B. Public Participation
As part of the public participation process, two public information
workshops were scheduled.
On December 31,1994, a public information meeting was held to discuss
the purpose of the Waterfront Access Study and to solicit input from
citizens concerning sites and desired uses. The Consultant presented s4des,
showing identified sites that currently provide waterfront access or have
potential to provide access.
During the public participation process, the Brunswick Electric site that is
' now for sale and the land behind this site were mentioned as an area with
potential (Site 15 on Map 1). Many people present expressed an interest in
having an attractive area where residents and visitors who don't live on the
waterfront would have a place to enjoy the waterfront for picnics, fishing,
etc.
' During the second public information meeting held on January 24,1995,
several in attendance suggested White's Landing as a potential site (Site 16
' on Map 1). There was also a great deal of discussion about how little
water there is along some portions of the river at low tide, particularly
between the bridge at U.S. 17 Business and the County park. In addition,
' because of the extensive marsh areas it would be fairly easy for a person
not familiar with the area to get lost in the marsh as the tide is falling,
creating an uncomfortable feeling or potentially a dangerous situation for
' someone in a small boat or canoe.
The group at this meeting also discussed the possibility of using the land at
the end of Cheers Street (Site 9 on Map 1) for boat access if this section of
the river could be dredged out (approximately 100' to 200') to create a
wider and deeper channel to the main channel of the river. One property
owner indicated an interest in possibly donating, leasing or providing an
easement along a portion of his waterfront property for public pedestrian
access.
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Shallotte Waterfront Access Plan 4

Following the two public information meetings, the Consultant met with
Albert Hughes, Shallotte Building Inspector, to review sites and determine
if there are other sites that had not been identified that should be included.
From that review, one additional potential site was identified at the eastern
end of Lightwood Lane (Site 14 on Map 1).
During subsequent planning board meetings at which the access plan was
Idiscussed,
Dr. John Ward expressed interest in a portion of his property
being used for a public access boardwalk. Also, a real estate agent
representing a land owner of a portion of White's Landing expressed
interest in considering a public access along the Shallotte River. Following
their comments, the Consultant met with Dr. Ward and the owner of the
White's Landing site. In both cases the owners were interested in
considering an access area on a portion of their property.
M. Inventory of Existing or Potential Sites (See Map 1)
Prior to beginning the inventory process, the Consultant collected base data in the
form of 1" = 400' and 1" = 200' aerial photographs and tax maps of the land areas
adjacent to the Shallotte River and tributaries. Using this data as a base, a
"windshield survey" was conducted to determine which areas along the river were
undeveloped and had potential for waterfront access, either in the form of boat
access or simply pedestrian access to the waterfront.
' Based on this initial "windshield survey," the Consultant identified 13 sites that are
either currently being used for boat or pedestrian waterfront access or had
potential for such access. All sites referred to in this list are shown on Map 1
(Existing & Potential Waterfront Access Sites).
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Site 1 Brunswick County Park (Public) — This site is a public park with
land area adjacent of Shallotte River. Site has been included
because of its access to the River and potential for canoe landing at
park. However, based on comments at the second public meeting,
this water body may not be suitable for public access due to
substantial changes in water depth and extensive cleaning of the
River in this area that would be required.
Site 2 Dr. John Ward property on north and south side of N.C. 130
(Private) — This is private property, but owner has expressed
interest in leasing potion of property to create public boardwalk.
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Shallotte Waterfront Access Plan 5

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Existing9n" d Potential Waterfront erf ont Access Sites
1995
Waterfront Access Plan
Shallotte, North Carolina
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Site 3 Waterfront site behind Chamber of Commerce (Public) — This site
currently has a picnic shelter and grill. Town plans call for
relocating old Shallotte School to this site. T
Site 4 Dead-end street on waterfront and south of Bridger Road (Public
R/W) — This street right-of-way ends at the River in small
residential subdivision. Although site is on water, there is little
room to develop public facilities.
Site 5 Small waterfront site (marsh) at intersection of Village Road and
Main Street (Private) — This is an open site with beautiful vistas of
Shallotte River and extensive marsh areas. This site is located in a
highly visible area with park benches installed by local civic clubs.
Site 6 Marsh -front site at Mulberry Avenue (Private) — This is a wooded
site adjacent to extensive marsh areas. Site across the street from
this property has potential for centrally located community park.
Site 7 Existing piers at Coastal Machine and Welding (Private) — This is
a private commercial marina facility with access to deep water
along the Shallotte River.
Site 8 Bluff Drive right-of-way and vacant lot on southeast side of road
(Public R/W, Private Land) — This site consists of public street
right-of-way (Bluff Drive) and a private lot that is currently on the
market for sale. This site has potential for passive recreation along
the waterfront.
Site 9 Vacant lots on north and south side of Cheers Street right-of-way
at waterfront (Public R/W, Private Land) — This site is a
combination of public right-of-way (Cheers Street) and a private lot
on the north side of Cheers. Based on comments at the public
participation meetings, this site has potential for a small boat
landing. The recently adopted Thoroughfare Plan calls for a new
thoroughfare that would run northwest of the waterfront in this
area. Development of this small park would provide public access
to the River and a natural buffer between the future thoroughfare
and the River.
Site 10 Undeveloped land on north and south side of Al Street right-of-way
at waterfront (Public R/W, Private Land) — This site consists of Al
Street right-of-way at River and privately owned vacant lot. This
site has been discussed at public meetings as protential site for
passive recreation directly adjacent to potential boat ramp site (Site
9).
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Shallotte Waterfront Access Plan 7

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Site 11 Pine Street right-of-way at waterfront and vacant lot on south side
' of road right-of-way (Public R/W, Private Land) — This is also
public street right-of-way at waterfront (Pine Street) and adjacent
vacant lot. At the time of site inventory process, this site is for sale.
' If Town could purchase a portion of land, could be held for future
thoroughfare with waterfront area being used for passive
recreation.
' Site 12 Small concrete landing and shed at south side of Holden Beach
Road (Private) — This is a private boat landing with two large live
ioaks and beautiful vistas of marsh.
Site 13 Existing paved boat ramp at end of Sherrow River Drive (Private)
— This is a private boat ramp used by residents of subdivision.
IV. Existing Conditions of Identified Sites
Map 2 reflects the sites identified during the inventory process in relation to the
' 100-year flood elevation and soil conditions. The 100-year flood line is based on
the Shallotte Flood Insurance Maps 1 and 2, dated January 3, 1986, and
Brunswick County Flood Insurance Map 215, dated May 15, 1986, and Map 330,
dated April 2, 1991. The soils information was obtained from the Brunswick
County Detail Soils Report. Sites 1, 3, 4, 5, 7, 9, 10, 11 and 15 are located within
the 100-year flood zone.
Using the Brunswick County Detail Soils Report and inventory map, the following
soil types exist on the potential access sites. Suitability for recreational use such as
picnic areas, playground and paths/trails range from slight to severe limitations
based on wetness to sandy soils. However, because of the nature of some
improvements such as boardwalks on pilings to allow pedestrian access to either
the riverfront or marsh areas, some of the limiting factors can be overcome.
BaB Baymeade fine sand--1 to 6 percent slopes. This well drained soil is on
low ridges and convex divides. Surface runoff is slow. Permeability is moderately
rapid, and the available water capacity is low. The seasonal high water table is 4
to 5 feet below the surface. This soil is suited to some urban uses. this soil is
poorly suited to recreational uses. The sandy nature of the soil is the main
limitation. Sites 8 and 14 are located in this soil type.
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Existing Conditions Map
1995
Waterfront Access Plan
Shallotte, North Carolina
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BDC Baymeade and Marvyn soils--6 to 12 percent slopes. This map unit
consists of well drained Baymeade and Marvyn soils on short side slopes. The
Baymeade soil makes up 50 percent of the map unit. In Baymeade soil, surface
runoff is slow. Permeability is moderately rapid, and the available water capacity is
low. The seasonal high water table is 4 to 5 feet below the surface. The Marvyn
soil makes up 40 percent of the map unit. In Marvyn soil, surface runoff is
medium Permeability is moderate, and the available water capacity is moderate.
These soils are poorly suited to recreational uses. Slope and sandiness are the
main limitations.
BnB Blanton fine sand-- 0 to 5 percent slopes. This moderately well drained
soil is in slightly convex interstream areas. Surface runoff is slow. Permeability is
rapid in the thick sandy surface and subsurface layers and moderate in the loamy
subsoil. The available water capacity is low. This soil is suited to most urban
uses. Seepage, caving of cutbanks, and the sandy nature of the soil are the main
limitations. This soil is poorly suited to recreational uses.
Jo Johns fine sandy loam-- This nearly level, somewhat poorly drained .and
moderately well drained soil is on stream terraces. Surface runoff is slow.
Permeability is moderate, and the available water capacity is moderate.
Ditchbanks cave below the thin subsoil. The seasonal high water table is 1.5 to 3
feet below the surface. Wetness form a seasonal high water table is the main
limitation. This soil is generally too wet for residential or recreational
development without artificial drainage and land grading to improve surface
runoff.
LA Lafitte muck-- This is a very poorly drained soil on flood plains at
elevations less than 5 feet above sea level. Surface runoff is very slow. This soil
has moderately rapid permeability and high volume change when it dries. The
water table is at or near the surface. This soil is flooded daily by tides. This soil is
generally not used for cropland or woodland or for residential or recreational
development. The main limitations are daily tidal flooding, excess humus, and low
strength. Sites 4, 5 and 15 are located in this soil type.
Mk Muckalee loam- This nearly level, poorly drained soil is on flood plains of
freshwater streams. Surface runoff is very slow. Permeability is moderate, and the
available water capacity is moderate. This soil is flooded frequently for brief
periods. On wide flood plains, water ponds in the low places for a long time
during wet periods. This soil is generally not used for cropland, or for residential
or recreational development because of surface ponding, flooding, and caving or
cutbanks. Sites 1 and 2 are located in this soil type.
NoB Norfolk loamy fine sand-- 2 to 6 percent slopes. This well drained soil is
on convex interstream divides. Surface runoff is medium Permeability is
moderate, and the available water capacity is moderate. The seasonal high water
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Shallotte Waterfront Access Plan 10

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table is 4 to 6 feet below the surface. This soil is suited to urban uses. Wetness is
the main limitation. It is well suited to recreational uses. Sites 7, 9, 10, 11 and 16
are located in this soil type.
Ur Urban land-- This map unit consists of areas that are more than 85
percent covered by buildings, houses, streets, parking lots, airports, railroad yards,
and other urban development. Slope is commonly 0 to 6 percent. Nearly all of the
precipitation that falls on this map unit runs off. This increases the flood hazard in
low-lying areas. Sites 3 and 6 are located in this soil type.
Soil Characteristics for Potential Waterfront Access Sites
SOIL NAME
CAMP AREAS
PICNIC AREAS
PLAYGROUNDS
PATH&TRAHS
GOLF COURSES
BaB.Baymeade
Severe: too sandy
Severe: too sandy
Severe: too sandy
Severe: too sandy
Severe: too sandy
BDC-Baymeade
Severe: too sandy
Severe. too sandy
Severe: too sandy
Severe: too sandy
Severe: too sandy
-Marvyn
Moderate: slope
Moderate: slope
Severe: slope
Slight
Moderate: slope
BnB-Blanton
Severe: too sandy
Severe: too sandy
Severe: too sandy
Severe: too sandy
Severe: droughty
Jo -Johns
Moderate: wetness
Moderate: wetness
Moderate: wetness
Moderate: wetness
Moderate: wetness
LA-Lafltte
Severe: flooding,
Severe: excess
Severe: excess
Severe: excess
Severe: excess salt,
excess humos
humus. excess saU
humus
humus
ponding
Mk-Muckalee
Severe: flooding,
Severe: wetness
Severe: flooding,
Severe: wetness
Severe: flooding,
wetness
wetness
wetness
NoB-Norfolk
Slight
Slight
Moderate: slope
Slight
Slight
Source: Brunswick County Detail Soils Report dated November, 1986.
Map 3 (Traditional Estuarine Access Map) shows the general location for existing
waterfront access points in Shallotte.
Site 1 is the small waterfront park with existing picnic shelter. This is the site
where the Town of Shallotte plans to locate the old Shallotte School (See Map 7).
Site 2 is a small site at the intersection of Village Road and Main Street. Although
this is private property, it does contain improvements, such as benches and
landscaping donated by local civic clubs and is used for viewing the Shallotte River
and extensive marsh areas adjacent to the River.
Site 3 is a private boat yard at the end of Wall Street.
Site 4 is also a private site with a small concrete boat landing on the south side of
Holden Beach Road.
Site 5 is an existing paved boat ramp at the end of Sherrow River Drive. This boat
ramp is private for the use of residents with property in the area.
V. User Analysis and Desired Waterfront Access Sites and Facilities
During the two public information meetings December 13,1994, and January 24,
1995, citizens in attendance expressed the desire to have access to the waterfront
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Shalloue Waterfront Access Plan 11

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raditional Estuarine Access Map
1995
Waterfront Access Plan
Shallotte, North Carolina
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with boardwalks over the marsh, gazebos and picnic facilities. This type of
' development would also provide the opportunity for education by identification of
plant materials along any constructed boardwalks.
' Also worth noting is the fact that during the latter part of the planning process, the
planning board noted that development of public access could have possible
economic impact on the community. Specifically, the planning board felt that
' public boardwalk access in areas like White's Landing might encourage adjacent
private sector development which could help draw visitors to Shallotte to enjoy the
waterfront as well as serve the local residents. Once access areas are developed,
' town officials would anticipate their being used by visitors and residents alike.
' Page 27 of the 1992 Land Use Plan indicated that during two public participation
meetings citizens expressed a strong desire to upgrade the downtown area and
waterfront of Shallotte in an effort to increase visitation to the community.
' A review of the State Comprehensive Outdoor Recreation Plan (SCORP) shows
that Brunswick County, as of 1990, had no nature trails available. The SCORP
' plan also shows that walking is the number one recreational activity in North
Carolina. These waterfront access areas, once developed, would provide needed
improvement to the waterfront and needed recreational and educational
' opportunities for residents and visitors to the community.
The 1990 Census showed a total population for Shallotte of 1,073; however,
' because of the small size of the community this information is not broken down
into age groups.
VL Types of Facilities Needed for Access and Access Policy
The site inventory process revealed that although Shallotte has extensive
waterfront property adjacent to the river, much of it is separated from the water by
marsh areas and is in private ownership. During the public participation process,
citizens and local officials expressed the desire to have public access to the
waterfront or marsh front for public enjoyment. With a few exceptions, much of
the land identified in the inventory process is separated from the waterfront by
marsh, which limits the types of facilities that can be planned. If purchase, lease or
donation can be worked out, three sites have been identified that could provide
boat access for small boats. The remaining sites could provide boardwalk access
and sites for waterfront picnic shelters and picnic tables which would be in keeping
with desires expressed at the two public meetings which were held as part of the
planning process.
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Shallotte Waterfront Access Plan 13

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Because of limited funds, the Town's policy will continue to be to apply for
CAMA access grants or other grants to purchase land if long-term leases or
donations cannot be secured, and to construct proposed site improvements.
Constraints Analysis
In an effort to determine if there are any major constraints to providing access to
the waterfront, we have looked at several factors. One of the primary constraints
to providing public access to the waterfront is the lack of available publicly -owned
waterfront land that is suitable for waterfront access. Also, many sites contain
large areas of wet soils or a combination of wet soils and excessive distance from
high ground to the River due to large expanses of coastal wetlands between high
ground areas and River channel. These coastal wetlands are CAMA regulated
areas and cannot be developed without appropriate CAMA permits.
Estuarine waters are another potential constrain to certain types of waterfront
development and are defined as "all the water of the Atlantic Ocean within the
boundary of North Carolina and all the water of the bays, sounds, rivers, and
tributaries thereto seaward to the dividing line between coastal fishing waters and
inland fishing waters" (N.C.G.S. 113A-113 (b) (2)). The Estuarine waters are
very important for a number of reasons, mainly because they serve as the
birthplace and nursery areas of many species of fish and shellfish. Estuarine waters
support the valuable commercial and sports fisheries of the coastal area which are
comprised of estuarine -dependent species such as menhaden, flounder, shrimp,
crabs, and oysters. These species must spend all or some part of their life cycle
within the Estuarine waters in order to mature and reproduce. The Estuarine
waters within Shallotte's jurisdiction include the Shallotte River and any of its
tributaries in that area. Although Estuarine waters can be a constraint to
development, in the case of proposed improvements suggested in this Plan all
would be developed on high ground or in areas already developed and would
therefore not adversely impact the River's water quality.
There are no known cultural resources located in the sites discussed in this Plan.
However, before any improvements took place the appropriate State agencies
should be contacted to comment on any known archaeological or historic sites in
the proposed access areas.
404 Wetlands which are regulated by the Corps of Engineers may exist in portions
of sites identified in this Plan. Prior to proceeding with any specific plans to
develop any tract as a waterfront park, a 404 Wetland survey should be conducted
to determine if any 404 Wetlands are actually on the site, and if so, how
development plans would have to be modified to avoid these areas.
Of the sites identified for either a pedestrian boardwalk, waterfront park or boat
ramp, each will require extensive work to arrange either lease agreements,
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Shallotte Waterfront Access Plan 14

easements or possible purchase of land, to establish public access to the
waterfront. Although these constraints may take time and effort and cooperation
' on the part of Town officials, property owners and possible State and federal
funding agencies, the ultimate goals of the Access Plan will benefit both residents
and visitors to the area and are certainly worth the effort.
' VM. Shallotte Plan of Action to Provide Access
' Three sites have been included in the plan as priority sites, with three additional
sites. identified as currently for sale and with access potential. To proceed with
Plan implementation, the following steps must be taken, listed in the order of
' importance.
' Map 4 is an index map showing the location of potential sites reflected on Maps 5
and 6.
' Map 5, Potential Access Sites Map, shows Site 3, 4 and 5 as sites that require
donation, land lease or acquisition prior to implementation of site improvements.
The owner of Site 4 has indicated an interest in providing a 25-year lease which
' would allow construction of a CAMA-funded pedestrian boardwalk system. At
the finalization of the report, the owner was in the process of having a topo survey
and 404 Wetland survey completed; therefore, no specific improvements in this
' area could be shown. However, the owner has expressed a willingness to consider
a public boardwalk system once the wetland survey is completed and an
appropriate location can be determined. Town officials will need to follow up with
' this owner following completion of his topo and 404 Wetland survey. Site 3 is the
Chamber of Commerce site which will contain the relocated school building as
currently planned (see Map 7 for proposed improvements ). Site 5 is a small land
' area with beautiful vistas of the Shallotte River and adjacent marsh areas. This
area could be developed with a boardwalk, fishing pier and gazebo (see Map 9 for
' proposed improvements). To move forward on Sites 3,4 and 5, the Town must
first work out a donation, land lease or purchase.
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Map 6, Potential Access Sites Map, reflects two additional areas that have
potential for public waterfront access: parcels 36, 37, 38 and 39 which have been
referred to as White's Landing (see Map 10 for proposed improvements) in this
Plan, and sites 27, 28, 29 and 30 (see Map 8 for proposed improvements) which
have been referred to as the Al Street Site. The White's Landing site could be
developed with public parking, waterfront boardwalk and gazebo. The Al Street
Site could contain a boat ramp, public parking, picnic shelter with restrooms and a
nature trail along the waterfront. Because of the extensive facilities proposed, land
acquisition would be required with possible financial assistance through the CAMA
access program and/or Parks & Recreation Trust Fund.
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Shallotte Waterfront Access Plan 15

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Index for Maps 5 and 6
1995
Waterfront Access Plan
Shallotte, North Carolina
BDWARDT.t AA'S &AS90M4=M
201 North Front Street Swto 402 Wilmington. North Carolina 28401
910-763-7708

Potential Public Boardwalk
along waterfront following
topo and 404 Wetlands survey
See Map 9
Map 5
Site # Tax Map # Acreage Owner(s)
2 WA 176.73ac John D. Ward (Betty)
P.O. Box 418, Shallotte, NC 28459
3 WA WA City of Shallotte,
5 197-EA-2 4.6ac Jesse Long
402 Anderson Street, Tabor City, NC 28463
0 North
0 W 10Ur IW 27
Potential Access Sites Map 5
1995
Waterfront Access Plan
Shallotte, North Carolina
HZWARDT.CAPPS &AS9MKIEU C
g
201 North Front Strcet402 Wilmington, North Carolina 28401
910-763-7708

Mein Strom U.S. Hwy 17
I
Dredge out creek to this point
to accommodate boats up to 15 H.P.
Potential Boat Ramp and Park
(See Map 8)
-71
1
,
I )Map6
Site lk
Tax Map 8
Acreage
Owner(s)
27
198-AB-9.01
1.0ac
Larry A. Knowles
Rt 2, Box 53-13, Riegelwood, NC 28456
28
198-AB-10
3.28ac
William Allen Milliken
P.O. Box 1237, Shallotte, NC 28459
29
198-AB-17.02
WA
Gene A. Smith
Box 179, Shallotte, NC 28459
30
198-AB-17.03
WA
Gene A. Smith
Box 179, Shallotte, NC 28459
36
198-AD3
3.86ac
White Investments
P.O. Box 40, Shallotte, NC 28459
37
198-AD-13
3.33ac
Jack W. Purvis
2699 Sea Aire Drive S.W., Supply, NC 21l
38
198-AD-15
2.7ac
R. D. White & R. D. White 11
P.O. Box 40, Shallotte, NC 28459
39
198-AD-16
4.7ac
Mrs. Minnie R. White
P.O. Box 153, Shallotte, NC 28459
\
v
ap
S
I
T
� 1
North
0 W 1W tsty ma
Potential Access Sites Map 6
1995
Waterfront Access Plan
Shallotte, North Carolina
HCAVARD T. CATPS & ASSOCLVE� PC
LmiPb.:g LmIrWeArdi-
201 North Front Street Suite 402 Wilmington, North Carolina 28401
910-763-7708
I

IDL Priority for Implementation
During the potential site inventory process, it was determined that the Town of
Shallotte owns no waterfront property other than street right-of-way that ends at
the waterfront. For that reason, it will be necessary for local officials to obtain
' waterfront or marsh front sites through land donation, 25-year lease or land
acquisition to proceed with a waterfront access program.
Priority Number 1— White's Landing
This site is located along a portion of the Shallotte River that has deep water.
Much of this site is heavily wooded and located on the rear portion of property
that is developed with commercial land uses. The owner expressed an interest in
considering a public boardwalk area along the waterfront if a minimum amount of
land along the waterfront was required. The concept discussed was a 25-year
lease for a public boardwalk with adjacent land available for private sector
development. The Shallotte Planning Board was particularly interested in the
White's Landing site and the potential downtown development that might be
encouraged by a public waterfront boardwalk along the River.
Priority Number 2 — Dr. John Ward's Property
As discussed earlier, Dr. Ward has expressed an interest in providing a lease on a
portion of his property for development of a public boardwalk system. Due to lack
of topographic and 404 Wetland information, it was not possible to arrive at a
location. Town officials should stay in contact with Dr. Ward so that when this
information does become available, a location for such a boardwalk can be
determined and efforts can then be made to secure CAMA access grant funds for
plan implementation.
Priority Number 3 — School Site
This site has been selected as the number three priority due to the Town's plans to
move the old school building to this site. Additional facilities would include
parking, waterfront boardwalk and incidental landscaping (see Map 7 for proposed
improvements).
Priority Number 4 — Powell and Main Street Site
This marsh -front site, although very small in size, provides a beautiful vista of the
extensive marsh areas adjacent to the Shallotte River. This site is also in a high -
visibility location with good access to Town sidewalks and surrounding
commercial area.
D
I
Shallotte Waterfront Access Plan 19

Local civic organizations have done some site improvement work such as tree
planting, shrubs and benches. Proposed facilities include a boardwalk system and
t gazebo, picnic shelter and additional benches and landscaping. This site is
privately owned and would require a 25-year lease, donation or purchase (see Map
9 for proposed improvements).
' Priority Number 5 — Cheers and Al Street at Waterfront
' This site is located adjacent to a portion of the Shallotte River that could be
dredged to allow a boat ramp. Additional site improvements would include
parking, picnic facilities, waterfront boardwalk with gazebo, picnic tables and
nature trail. A portion of this site would require land donation or purchase due to
Proposed boat ramp. The remainder of the property could be developed with a 25-
year lease, land donation or purchase (see Map 8 for proposed improvements).
I
I
I
Shallotte Waterfront Access Plan 20

1
:.>
Marsh
1 ` d,
vo
Map 7
0 25' 50' 75' 100'
0 North
Relocated School Site
1995
Waterfront Access Plan
ti Shaliotte, North Carolina
H7WARDT.CARS &A4.9 MUE• DC
e jkaw
201 North Front Street Suite 402 Wilmington. North Carolina 28401
910-763-7708

m
W
m
N
m
m
V
m
N
a
I
I
Proposed Boat Ramp
O
a
r,
Map
II I121 icnic Shelter & Restroom
�i► ADA Accessible Walks :\
12 = �\
1\
J 11
i�
i
i
epicnic Table (Ty
i
I�
Marsh • .
. North
Marsh
© Proposed Boat Ramp and Park
' 1995
Waterfront Access Plan
I,; •.' Shailotte, North Carolina
`Proposed Renovation to Existing WWARDT.CAPPS&AS90MI
' Building into Interpretive Center rift
201 North Front Street Srrite 402 Wilmington, North Carolina 28401
910-763-7708

Map 9
Proposed Boardwalk `
• and Fishing Pier
ProGazebo.
_ �,0s ••' •.
posed Gazebo . Q
• . ' `Om Marsh
t
Marsh `t
() North
0 W 1W 1W 2W
Park at Village and Main
1995
Waterfront Access Plan
Shallotte, North Carolina
HDWARDT•CAFPS&ARUC A•IES M
201 North Front Street Suite 402 Wilmington, North Carolina 28401
910-763-7708

Map 10
I t a
L
I I I t 1 I I I a3
_ U
t
.............. t
ill
1�
Tract 4
Main Street
t tsdIftcaMMUti,l
I
Tract 1
ADA Aoc=Wb Walk
I
1
Tract 2 Tract 3
Poh..comm.er� t�um.cA,o,,.d,�
" Sbauel'e juver
Tract 1: Mrs. Minnie R. White
Tract 2: R. A White & R. D. White, III
Tract3: White Investments
Tract 4: Jack W. Purvis
0 North
Proposed White's Landing Park
190
Waterfront Access Plan
Shallotte, North Carolina
WWARDT.CAFFS&AW AMN,DE
1A1 North Front Sveet� Ste �2 W� North Carolina 28401
910-763-7708

'
X. Cost Estimates
1995
Shallotte waterfront
Access Plan
Cost Estimate
SCHOOL SITE
(Map 7)
Item
Unit
Unit Cost
Estimated Cost
Relocation of School Building
Lump Sum
6,000.00
$6,000.00
'
Foundation for School Building
P Lum Sum
8,000.00
8,000.00
Deck on Waterfront
600 sq. ft.
15.00/sq. ft.
9,000.00
'
Asphalt Parking Area (10 spaces)
350 sq. yds.
10.00/sq. yd.
3,500.00
Entrance Drive
640 sq. yds.
10.00/sq. yd.
6,400.00
Flowering Trees
25 ea.
200.00 ea
5,000.00
'
Shrubs
100 ea.
20.00 ea.
2,000.00
Ground Cover
200 ea.
5.00 ea.
1,000.00
Bulbs
500 ea.
5.00 ea.
2,500.00
Benches
5 ea.
500.00 ea.
2,500.00
Trash Receptacles
5 ea.
300.00 ea.
1,500.00
Lighting
10 ea.
750.00 ea.
7,500.00
'
Sub -Total
54,900.00
15% Topo Survey, Design Fee
$ 235.00
Sub -Total
63,135.00
'
10% Contingency
6,314.00
'
Total Estimated Cost
$699449.00
Shallotte Waterfront Access Plan
25

1
'
AL STREET PARK/CAMA PARK (Map 8)
Item
Unit
Unit Cos Estimated
Cost
Clearing and Grubbing
Lump Sum
4,000.00
$4,000.00
'
Site Grading
Lump Sum
6,0000.00
6,000.00
'
30' x 30' Picnic Shelter with
Restroom-ADA Access
.900 sq. ft.
40.00/sq. ft.
36,000.00
Picnic Tables
12 ea.
240.00/ea.
2,880.00
'
Picnic Grills
12 ea.
104.00%a.
1,248.00
Trash Receptacles
12 ea.
104.00/ea.
1,248.00
Benches
5 ea.
500.00%a.
2,500.00.
'
Asphalt Parking Area for 24 cars
800 sq. yds.
10.00/sq. yd.
8,000.00
Entrance Road
400 sq. yds.
10.00/sq. yd.
4,000.00
'
Nature Trail
960 L.F.
5.00/L.F.
4,800.00
'
5' Concrete Sidewalk-560 L.F.
2,800 sq. ft.
2.00/sq. ft.
5,600.00
ADA Water Fountain
Lump Sum
700.00
700.00
Lighting
� g
10 ea.
750.00%a.
7,500.00
Flowering Trees
20 ea.
200.00/ea.
4,000.00
Shrubs
200 ea.
20.00/ea.
4,000.00
Ground Cover
300 ea.
5.00%a.
1,500.00
1,500.00
Bulbs
300 ea.
5.00%a.
'
Sub -Total
95,476.00
15% Soil & Topo, Design Fee
14,321.00
Sub -Total
109,797.00
10% Contingency
10,980.00
Total Estimated Cost
1209777.00
'
Shallotte Waterfront Access Plan
26

'
PARK AT VILLAGE AND MAIN (Map 9)
V— 9
Unit Cost Estimated
Cost
'
Gazebo
700 sq. ft.
25.00/sq. ft.
$17,500.00
Boardwalk
240 L.F.
80.00/L.F.
19,200.00
Picnic Tables
2 ea.
240.00%a.
480.00
Trash Receptacles
2 ea.
104.00%a.
208.00
Benches
5 ea.
500.00%a.
2,500.00
'
3,750.00
Lighting
5 ea.
750.00/ea.
Sidewalk
500 sq. ft.
2.00/sq. ft.
1,000.00
Flowering Trees
10 ea.
200.00%a.
2,000.00
Shrubs
50 ea.
20.00%a.
1,000.00
Ground Cover
50 ea.
5.00%a.
250.00
Bulbs
50 ea.
5.00/ea.
250.00
Sub -Total
48,138.00
15% Topo Survey, Design Fee,
Soil Borings
7,221.00
Sub -Total
55,359.00
10% Contingency
5,536.00
Total Estimated Cost
$60,895.00
Shallotte'Waterfront Access Plan
27

'
PROPOSED WHITE'S LANDING PARK (Map 10)
'
Item
Eldl
Unit Cost Estimated
Cost
Public Road
400 sq. yds.
10.00/sq. yd.
$4,000.00
Cul-de-Sac
560 sq. yds.
10.00/sq. yd.
5,600.00
Asphalt Parking Area (25 spaces)
1,067 sq. yds.
10.00/sq. yd.
10,670.00
5' Concrete Sidewalk-660 L.F.
3,300 sq. ft.
2.00/sq. ft.
6,600.00
'
Boardwalk
150 L.F.
80.00/L.F.
12,000.00
Gazebo
707 sq. ft.
25.00/sq. ft.
17,675.00
Benches
3 ea.
500.00%a.
1,500.00
'
Shade Trees
4 ea.
300.00%a.
1,200.00
Ornamental Trees
18 ea.
200.00%a.
3,600.00
'
Sub -Total
62,845.00
15% Soil, Topo Survey, Design Fee
9,427.00
Sub -Total
10% Contingency
72,272.00
7,227.20
'
Total Estimated Cost
$79,499.20
1
r
'
Shallotte Waterfront Access Plan
28

1
IXI. Potential Funding Sources for Plan Implementation
' One of the primary goals of the Waterfront Access Plan is to help the Town of
Shallotte proceed from site inventory, analysis and selection to site development.
In an effort to bring this about, we have included the following information on
potential sources of funds or other assistance from both federal and State agencies.
In addition to requesting grant assistance, the Town will need to allocate local
1 financial resources in the Town's annual budget to provide any needed local match
and for future improvements -and maintenance of facilities.
' A. Potential State and Federal Funding Sources
The number of State and federal agencies funding public access projects
changes from year to year, and so to a certain extent County officials will
need to keep abreast of these changes through regular contact with these
agencies. In general, however, it is a well -recognized fact among State and
federal elected officials and employees that the demand for access to our
coastal shorelines continues to increase and that local governments are
looking to other agencies to assist in bearing the cost of providing suitable
facilities.
Those agencies that provide assistance in the construction and/or
acquisition of public access projects include the Coastal and Estuarine
Water Beach Access Program, Land and Water Conservation Fund, Civil
Works Program, Marine Resources Commission Fishing Access Program,
Wildlife Resources Commission Boat Ramp Program, and Department of
Transportation Secondary Road Program.
1. Coastal and Estuarine Water Beach Access Program
The Coastal and Estuarine Water Beach Access Program is
administered by the Division of Coastal Management in the
Department of Environment, Health and Natural Resources. The
program makes funds available to local governments on a matching
basis for land acquisition and public access facility development.
Some examples include the construction of parking areas, restroom
facilities and handicapped accessible accessways.
Contact:
Ms. Zo6 Brunner
Division of Coastal Management
N. C. Department of Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Shallotte Waterfront Access Plan 29

1 Phone: [phone]
2. Land and Water Conservation Fund (Parks & Recreation
Trust Fund)
The Land and Water Conservation Fund is administered for the
U.S. Department of Interior through the N.C. Department of
Environment, Health and Natural Resources, Division of Parks and
'
Recreation. This program makes funds available to local
governments on a matching basis for land acquisition and recreation
facility improvements. This program has provided numerous grants
'
over the past years, but the amount of funds available is limited and
thus grant applications are very competitive.
Contact: Mr. Jack Frauson
Division of Parks and Recreation
N.C. Department of Environment, Health and
'
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Phone: [phone]
3. Water Resources Development Project Grant Program
11
This program is administered by the Division of Water Resources in
the Department of Environment, Health and Natural Resources.
The program makes funds available to local governments on a
matching basis for general and recreational navigation, flood
control, drainage, stream restoration, beach protection, recreation
and aquatic week control. There are two funding cycles each year,
with applications generally due by January 1 and July 1.
Contact: Mr. John Sutherland
Division of Water Resources
N.C. Department of Environment, Health and
Natural Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Phone: [phone]
4. Fishing Access Program
The Marine Resources Commission has a Fishing Access Program
for the purpose of increasing land -based fishing opportunities. The
program makes funds available to local governments on a 25%
I
Shallotte Waterfront Access Plan 30

local/75% reimbursed matching basis for facilities such as fishing
piers, bulkheads with cantilevers, capping jetties and catwalks on
' bridges. Funds are available for projects on coastal waters under
the jurisdiction of the Division of Marine Fisheries, but not for
inland waters. Initial inquiry is made by means of a letter of
' notification of intent to apply to the Division of Marine Fisheries.
Contact: Mr. Murray Wolf
Division of Marine Fisheries
Department of Administration
P. O. Box 769
' Morehead City, North Carolina 28557
Phone: [phone]
j5. Boat Ramp Program
The Wildlife Resources Commission has a Boat Ramp Program and
makes technical assistance available to local governments for the
purposes of constructing boat ramps on either public property or on
private property with at least a 20-year lease to the Commission.
The Wildlife Resources Commission will construct and maintain the
ramp, however they have limited funds for constructing new ramps
' and are focusing efforts on maintaining the launching areas they
have previously constructed. In addition, priority projects are
scheduled in advance for a two-year period. Sites for possible
' consideration should be brought to the attention of Charles R.
Fullwood, Director of the Wildlife Resources Commission.
n
Contact: Mr. Don Tobaben
Wildlife Resources Commission
N.C. Department of Environment, Health and
Natural Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Phone: [phone]
6. Secondary Roads Program
The Department of Transportation's Secondary Road Program can
be used for the construction of public roads that would be added to
the State's secondary road network. One example of this type of
project is the construction of a short access road to an estuarine
access site on the Newport River in Carteret County.
Contact: Mr. Jack Murdoch
Shallotte Waterfront Access Plan 31

Department of Transportation
Secondary Roads
1 S. Wilmington Street
Raleigh, North Carolina 27611
Phone: [phone]
Other State programs for land acquisition include the Division of Coastal
Management's Estuarine Sanctuary Program and Natural Areas Acquisition
Program. These programs are federally funded, and projects must meet
State and federal criteria and requirements. Usually, Division of Coastal
Management staff establish acquisition priorities; however, local efforts can
bring potential projects to the attention of the State. Examples of this
include both the Masonboro Island and the Permuda Island acquisition
projects. In both instances, local citizens' efforts helped to make State
officials aware of the value of protecting the properties in their natural state
through public acquisition.
B. Potential Local Funding Sources
' The local government has perhaps the heaviest financial burden with
respect to providing public access. Not only must the local government
pay for land acquisition and/or construction (with or without grant
assistance), but then it must also pay for the daily maintenance of the
accessways and the long-term maintenance of the access facilities.
' Some of the potential funding sources available to the County include
general fund revenues, general obligation bond revenues, impact fees,
occupancy tax revenues, subdivision regulation dedication requirements,
' parldng fees and volunteer efforts.
I
Shallotte Waterfront Access Plan 32

APPENDIX
I
Shallotte Waterfront Access Plan 33

= : 3 .=_
Panic of Donior
lAddress -
Application for Conservation
Tax Credit Certification
(For donor's tax year ending ,19._�
(Include names of all owners of interest an_ their tax identification numbers)_
Jelephone .(Daytime)
Name, address, and daytime phone number -f contact person if multiple owners
' or if different from donor:
Status of Donation
Location of property to be donated (attach: CoPy of deed, notifig the names or
numbers of roads upon which property has frontage or access; locational maps;
and site maps):
Description of the property to be donated (Irciude acreage, current useage, and
vegetative cover. If below the high water mark, give acreage and/or % of marsh
vs open water):
List all liens and easements of record or other encumbrances (Include deed book
references and description, or copies of documents):
Proposed future use or purpose of donated property:
Type of interest to be donated, and any restrictions or reservations contained in
deed to donee:
Proposed recipient (including name and telephone number of recipient contact if
property has already been offered or accepted):
(please check):
Donation has been completed with transfer to recipient
Acceptance approved by recipient but awaiting transfer
Donation offered and awaiting decision by recipient
Donation has not been offered to any recipient
Other (explain)

Attach copies -of
E
fignature of Donor
Signature of
10ther Owners
I.
(1) Copy of charter of donee, if not a local government unit or the State of
North Carolina
(2) Certificate of title by attorney.
Value of property proposed for donation is estimated to be $
(Note: This does not have to be an appraised value and is for administrative u;
onl• ; it has no effect on the final appraised value for charitable contribution or
tax credit.)
I affirm that the property proposed for donation is not required to be dedicated
pursuant to local government regulation or ordinance, or dedicated to increase
building density levels under such regulations or ordinances.
Further, I certify that the donor possesses good and clear title to the premises
be donated, to the extent described in this application.
Further, I authorize officers/employees/agents of the North Carolina Departmer
of 'Natural Resources and Community Development to enter my property to cor
duct on -site investigations for the purpose of determining tax credit eligibility.
agree -o provide additional documentation requested by the Departr:ent of
Natural Resources and Community Development.
SIGNATURE OF DONOR OR INDIVIDUAL WITH DATE
POWER OF ATTORNEY FOR OTHER OWNERS OF
INTEREST
SIGIATURE OF OTHER OWNERS OF INTEREST
WHERE NO ONE HAS POWER OF. ATTORNEY
DATE
200 copies of this public document were printed at a cost of S 126.05 or S 0.630 per copy
1/87

GliNLRAIBLY 017 NORTH C'AIZOLINA
1')S() tif:�.>IC)N
I:r\TIFI '.► BILL
' Cl-IAPTisR 716
SEN A•1•I.: .:,ILL. 405
' Al' /�C:'t' -O I\CRI::�SI: 1.Hl �\1A.VAIUM INCOME TAX CREDIT FOR
DONATION'S OF RI_AL I'I:()I'l:RTY PAR LAND CONSERVATION'.
' The General Assembly of North Carolina t_.:01CIS:
Section 1. (;.S. I05-1 :0..14 rc;�.. ;IS ►'cwrit:e.l:
I05-130.34. Credit for certain real property donations.
(a) Any corporation that makes ;► qua' :ied donation of" interest in real property
Inc;tted in North (:arolina during-, the year ;11a1 iS UNC:ftll for public beach
' access or use, public acccss to 11ullli< or trails. fish ;tad wildlife Conservation,
of tithe►- sinlil.11. land conscrvallon purll� • :�, shall he allo"%cd a Credit aiairl:t the
taxes imposed bc? this Di\ ision cclu;il to t\%•_nty-five percent (25r,:) of the fair market
' Value of the donated property interest. T�, he eligible for this credit, the: interest in
real prollt:rty must Ile clod;Ited to and accc:ted by either the State, local government
or a body that is hoth ol-ganircd to recc: e and administer lamps for conserVation
' purposes, and is dualihed to receive charitable contributions pursuant to G.S.
105-1i0.9; provided. ho\�cvcr, that lands :;luircd to he dedicated pursuant to focal
governmental regillatit►n or ordinance ;u:.6 dedications made to increase building
density levels permitted under such regular:ons or ordinances shall not be eligible for
this Uedit. The crc;tlit illoccc:(l under tl::� section may not exceed FiN-e the,.;_,,._K4
".HBC}}- twenty-Ii�e: thousand dollars (S25.000). To support the credit
' allowed * by this section, the taxpayer shell file with its income tax return for the
taxable year in which the credit is clairiccl, a certification by the Department of
Natural Resources and Community De\clop►11ent that the property donated is
suitable for one or more of the Valid public benefits set forth in this subsection.
(b) The credit ;tllowctl by this section may not exceed the amount of tax imposed
by this Division for the taxable year reduced by the sum of all credits allowed under
' this Division, except payments of tax oracle by or on behalf of the taxpayer.
(c) Any unused portion of this credit m;ty be carried forward for the next
succeeding five years.
' (d) The fair market value, or any portion thereof. of a qualifying donation that is
not eligible for a credit pursuant to this section may be considered as a charitable
contribution pursuant to G.S. 105-130.9. That portion of the donation allowed as a
1 cretlit pursuant to this section shall not be eligible as a charitable contribution." ._
Sec. ?. G.S. 105-151.12 reads as rewritten:
"§ 105-151.12. Credit for certain real property donations.
' (a) Any person that makes a tlualificd donation of interests in real property located
in North Carolina during the taxable year that is useful for public beach access or
use, public access to public waters or trail:, fish and wildlife conservation, or other
' similar land conservation purposes, shall be allowed a credit against the taxes
imposed by this Division cqu;il to twenty-five percent (25%) of the fair market value
?6

of tiie dcina(ed property Interest. '1'ci he eligible for tills credit, the interest in property
mint Ile: donated to and ;lc`Cl)lcLl by zithcr the State, local governmer:: or ;: body that
'is both organized -o rcccivc and admini';ter land; lot- conservation purpose_ and is
(untitled to recei\C charitahlc ccintr:Music is pursuant to G.S. 105-147(15) or (16);
provided, however, that lands rcquircd to be dedicated pursuant to local
'go\crnMen tal regulatiol,. or urelinan_c and dedications made to incfea %: building
de!.:ity levels permitted under stick r_l_;ulatlolls or ordinances shall rir: lie fol.
this credit. The credit alimved this section may not excee:: ri.,E Emet.,ZtImEl
:'..(S 5 ( }-- t«c:nt•.-Iic c thousct:.d dollars (S2>.000). To suptiort the credit
' allowed I)v this sc,:tioll. the taxlriyc: shall File with the income tag: return for the
tax;:ble year in %v:,ich :h;: credit is claimed, a certification by the Del);:rtment of
Nat:iral Resource and Cti1 mUllit\ Development that the propit.ty zonated is
' suitable: foi- one or more of the valid :public benefits set forth by•this s::bsection.
(i,) The credit by this sec'.10n may not exceed the amount of taX imposed
by this Division fo:• the year reduced by the sum of all credits allo«:ed under
' this Division, exce : pa; mc-nts of tax made by or on behalf of the taxpayer.
ic) Any unuse:: po:* on of till!, credit may be carried forwa-d for One next
succeeding five
1 : J) The: fair ma:•ket ;!lac:, oi- any portion thereof, of a qualifying aon,::io:i that is
110: Cligible for ;1 creek: l"ursuant to this section may be considered' as a charitable
c'ol,tribUtion I)urst:ant !U G.S. 105-11 (15) or (ICE). That portion of the donation
',1110'XCLI as ,t cred t l)t,:*a:!ant to th - section ~hall not be eligible as a charitable
c�t:;rihutic�n. •
!C) In the case n1' pro-1crt\ mvncd the entirety, where both spouses are required
'to file: North Carolina ;iwomc tax ! _turns, each spouse may claim one half of the
credit allowed by thin SCC!4 icin cir tin,_ sliOuSC may claim the: entire c:'edit allowed by
this se"tion by agr;xnicnt with the C.ihcr spouse, proVided both spouses were living
to`_ethcr at the end: of the taxahlc yc::r and file their separ,ItC returns for the taxable
ve.-,; on the combined form. \\'her:. only one spouse is required to fi'.c ;1 North
Carolina income t;ix return. such sl)o-.:sc may claim the credit allowed. by this section.
'(f) In the cast; of marshland for •_which a claim has been filed pursuant to G.S.
113-205, tilt: offc„r of d0n;t1i0ll mull h_ made before December 31, 1990, to qualify for
the credit allowed her till. -�cction."
Sec. 3. This act is efl._ctive for taxable years beginning on or after
January 1, 1959.
In the Gencral Assemhl\ read three times and ratified this the 3rd clay of
' Aul?ust, 1959.
' JAMES C. GARDNER
lanie� C. Gardner
' President of* the Senate
J. L. MAVRETiC
' .1. L. Mavrctic
Sl)caher of the I-iousc of Representatives
�l

I'
GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
RATIFIED BILL
CHAPTER 38
SENATE BILL 136
' AN ACT TO EXTEND THE LIMITED LIABILITY PROTECTION UNDER THE
TRAILS SYSTEM TO LANDOWNERS, UNITS OF GOVERNMENT, TRAIL
DEVELOPERS, AND TRAIL MAINTAINERS.
' The General Assembly of North Carolina enacts:
Section 1. G.S. 113A-95 reads as rewritten:
"§ 113A-95. Liability to users of the Trails System. Trail use liability.
U Aft Any person, as an owner, lessee, occupant; or Fvr== otherwise in
' control of laft4 land. who allows without compensation another person to 1IFe-er use
the land for Peere ttiena' scenic trail, recreation trail, connecting trail, or side trail
purposes a-sesi ili:med under this ^ -''ee or to construct, maintain, or cause to be
constructed or maintained a scenic trail, recreation trail. connecting trail, or side trail,
owes the person the same duty of care he owes a trespasser.
(b) Any person who without compensation has constructed, maintained, or caused
to be constructed or maintained a scenic trail, recreation trail, connecting trail, or
side trail 1ursuant to an agreement with any person who is an owner, lessee,
it nrr»nnnt nr ntherwise in cnntrnl of land on which a trail is located shall owe a

Sec. 2. This act becomes effective October 1, 1991.
In the General Assembly read three times and ratified this the 16th day of
April, 1991.
JAMES r._ ruonpoc'c
James C. Gardner
President of the Senate
NIEL Al:11E' M'
Daniel Blue, Jr.
Speaker of the House of Representatives
2
'q
Senate Bill 136