Public Water Access Plan-1988

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Division of Coastal Management
'rACH
Public Water
Access Plan
PLAN ADOPTED
AUGUST 1., 1988
D esignworks
landscape architecture • planning • design • research

SUNSET BEACH, NORTH CAROLINA
PUBLIC WATER ACCESS PLAN
PREPARED FOR
THE TOWN OF SUNSET BEACH
PREPARED BY
SUNSET BEACH PUBLIC WATER ACCESS COMMITTEE
Sky Bramley Minnie Hunt
Mary Griffith Dick Loister
Walt Hoff Melvin McBride
Zane Winters
AND
Linda J. Fluegel
Town Administrator
PLANNING ASSISTANCE PROVIDED BY
Julie A. Shambaugh
ASLA, AICP
Designworks
Newport, N. C.
PLAN ADOPTED
AUGUST 1, 1988
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.

SUNSET BEACH _
PUBLIC WATER ACCESS PLAN
Table
of Contents
I.
Introduction
1
II.
Inventory and Analysis of Existing Sites
2
A. Inventory
2
B. Analysis
7
III.
Constraints Analysis
8
A. Cost of Land
8
B. Opposition of Oceanfront Landowners
8
C. Conflicting Needs of Permanent Citizens
8
and Absentee Landowners
D. Funding Limitations -
9
E. Undeveloped Land Limitations
9
F. Natural Constraints
9
IV.
Water Access Needs: Existing and
11
Projected Demand
A. Visual Access
11
B. Physical Access
11
C. Recommended Facility Types
12
V.
Protecting Public Water Accessways
15
A. Protection of Existing Accessways
15
B. Property Acquisition
16
C. Easement Acquisition
16
D. Other Acquisition Means
16
VI.
Public Water Access Policies and
Implementation Strategies
18
VII.
Funding Sources
24
A. Potential State and Federal
24
Funding Sources
B. Potential Local Funding Sources
26
VIII.
Conclusions and Recommendations
29

List of Tables
Table 1: Existing Accessway Locations
and Types
Table 2: Recommended Public Access
Development Plan
List of Maps
Map 1:
Map 2:
Existing Accessway Locations
Location of Proposed Access
Improvements
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I. INTRODUCTION
North Carolina's visitors and citizens have tradition-
ally fully enjoyed access to and use of the state's ocean
and estuarine beaches. These shorelines provide not only
a great recreational resource but also contribute signifi-
cantly to the economic well-being of the state.
As development in the state's coastal counties has in-
creased, public access to these shorelines has become more
limited. This too has occurred in Sunset Beach where more
development, visitors, residents and renters are competing
for an ever diminishing land area along the shore.
Through the state legislature's establishment and ex-
pansion of the public ocean and estuarine beach access
program in 1981 and 1983 respectively, the Division of
Coastal Management has been able to focus its attention on
developing a comprehensive system of public accessways in
the twenty county area under its jurisdiction.
Since 1981, local governments have gained the oppor-
tunity to develop necessary public access projects through
state and federal grants administered by the Division of
Coastal Management. Additionally, land use planning
grants have provided local governments the opportunity to
plan and implement strategies to address the specific
problem of how and where to provide for necessary public
access projects.
This planning document is based on Sunset Beach's 1986
Land Use Plan Update, citizen involvement, and also from
guidelines prepared by the Division of Coastal Management
for public access development. This document suggests lo-
cations for necessary public access facilities to accomo-
date projected access needs into the year 2000, outlines
implementation strategies to carry out the construction of
planned facilities, and is intended'to be an integral part
of the town's capital facilities plan.
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- 1 -

QII. INVENTORY AND.ANALYSIS OF
EXISTING ACCESS OPPORTUNITIES
A. Inventory
�i
Existing public access opportunities are located pri-
marily on Sunset Beach's oceanfront and are unimproved,
meaning that no user facilities are provided. Access is
(�
also provided at privately -owned facilities including a
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fishing pier and Town -leased parking areas. Public
estuarine access is provided along the back side of the
barrier island and also at street ends along the mainland
portion of the town; these sites are also unimproved. The
location of the town's existing accessways are illustrated
on Map 1 at the back of the report and are described in
more detail below.
1. Public Ocean Access
There are 34 publicly dedicated ocean accessways along
Sunset Beach: 27 of these are spaced at approximately
200' intervals and are 10' wide; the remaining 7 are
spaced at approximately 400' intervals at the east end of
the island and are 5' wide. These accessways run from the
edge of the Main Street right-of-way to the MHW mark of
(�
the Atlantic Ocean and vary in length from approximately
�,.
150 feet to 400 feet. None of the existing ocean access -
ways provide parking facilities; given the narrow width of
{�
these strips of property, they can best be categorized as
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"local" accessways, providing pedestrian access to the,
beach.
Limited street parking is available along the Main
Street right-of-way. The Town Board intends to continue
allowing the public to park along this right -of- way. Two
j of the previously accounted for public ocean accessways
u are currently proposed for improvement through a CAMA
Beach Access Grant funded in FY 87-88: the project sites
are located at 40th St. and 12th St. and proposed improve-
ments call for the construction of 10 and 6 parking
spaces, respectively (See Table 1, page 5).
(� 2. Public Inlet Access
Inlet access is provided at two ocean accessways
accounted for in the above section. At Mad Inlet to the
west, unbuildable property was donated to the Town under
the condition that it be developed as a regional access -
way. This has not been undertaken by the Town primarily
due to cost constraints. Both Mad and Tubbs inlets are
extremely popular recreation areas.
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3. Privately -Owned Ocean Access
There are 3 privately -owned parcels that provide ocean
access to the general public. The first parcel is a fish-
ing pier located at the intersection of Main Street and SR
1172. The pier provides approximately 100 parking spaces
and offers year-round public parking for a $3 fee, each
visit. The owner of this 3/4 acre parcel anticipates de-
velopment of the site as a motel in the future and the
subsequent closure of the pier and parking area. The
second area is property along SR-1172 that is currently
leased by the Town for visitor parking. There are about
60 parking spaces in these unimproved lots. The Town's
leases are short-term and can be terminated by the proper-
ty owner upon 30-days' notice. The final parcel to be
included in this section is one that has potential for
public access. This 1/2 acre parcel is located at the
intersection of Main Street and SR 1172 and extends from
the Main Street right-of-way to the MHW mark of the Atlan-
tic Ocean. The Sunset Beach Taxpayers' Association has
sued developers for blocking access to this property that
was previously dedicated to the public. The resolution of
this action may allow for public use of this parcel. (On
August 18, 1988; a decision was handed down in favor of
the Sunset Beach Taxpayers' Association; use of this par-
cel for public access may become feasible.) (See Table 1,
page 6).
4.
Public Estuarine Access
A total of 24 estuarine access opportunities currently
exist; 19 on the barrier island, 1 traditional boat access
on the causeway off the SR 1172 right-of-way, and 4 on the
mainland. These accessways are unimproved street ends,
primarily, but are of such a width that many offer poten-
tial for more extensive accessway development.. In their
current unimproved condition, they provide "local" or ped-
estrian access to the marshes and SA waters of the Atlan-
tic Intracoastal Waterway (AIWW) and the creeks and canals
on the backside of the barrier island. The most heavily
used of these existing sites is a traditional boat access
area on the SR 1172 causeway; this location provides
boaters a protected canal from which to launch boats and
safely navigate into the AIWW (See Table 1, page 6).
5. Undeveloped Barrier Islands
Bird Island, to the west of Sunset Beach's corporate
limits, is one of the last remaining undeveloped barrier
islands in North Carolina under private ownership. At low
tide, this island is easily accessible to waders from
Sunset Beach and is otherwise only a short boat trip from
the mainland.
- 3 -

This island has a tremendous potential for providing
public access to the Brunswick County area in a fashion
similar to Masonboro Island or Hammocks' Beach State Park.
Area residents generally do not want to see the island de-
veloped and would prefer that it be kept in as natural a
condition as possible to allow for limited pedestrian ac-
cess. Bird Island is identified as one of 12 local prior-
ity natural areas in the 1981 Natural Area Inventory of
Brunswick County. The island is recognized as a signifi-
cant undisturbed bird breeding habitat and a sea turtle
nesting area.
6. Property Donation for Public Beach Access Parking
In 1987, Mr. Edward Gore donated to the Town of Sunset
Beach approximately 25 acres of unbuildable property at
Mad Inlet, west of the 40th Street accessway, for the pur-
pose of constructing public beach access parking. The do-
nation was made contingent upon the Town's construction of
parking on the property within a three (3) year's time.
If the Town did not construct a.public beach access and
parking facility within the three year time period, the
property would revert to Mr. Gore.
The property has no vehicular access and thus the
Town would have to purchase developed property in order to
provide vehicular access to the site. The Town applied
for a CAMA Beach Access Grant in 1987 to develop the site.
The grant proposal was not funded because of the hazardous
location of the property (within a highly migratory inlet
area) and the overall cost of the project (see Table 1,
page 6).
7. Street Right -of -Way Parking
In 1986, a parking committee.was formed from members
of the Town Board. The parking -committee looked at vari-
ous public access parking alternatives. These included
not only land acquisition and leasing, but also the utili-
zation of public rights -of -way. With respect to the lat-
ter, the parking committee's recommendations included:
- Main Street parking (90 to 184 spaces);
- north/south street parking (24 to 36 spaces); and
- Sunset Boulevard parking (20 to 45 spaces).
- 4 -

TABLE 1:
EXISTING ACCESSWAY LOCATIONS AND TYPES
Public Ocean Access
Map Key
Location
Type
Size
Improvements
1
40th St.
neigh.
10'
signed, 8P, DC, LR
2
39th St.
local
10,
signed
3
38th St.
local
10,
signed
4
37th St.
local
10,
signed
5
36th St.
local
10,
signed
6
35th St.
local
10,
signed
7
34th St.
local
10,
signed
8
33rd St.
local
10,
signed
9
32nd St.
local
10,
signed
10
31st St.
local
10,
signed
11
30th St.
local
10,
signed
12
29th St.
local
10,
signed
13
28th St.
local
10,
signed
14
27th St.
local
10,
signed
15
1st St.
local
10,
signed
16
2nd St.
local
10,
signed
17
3rd St.
local
10,
signed
18
4th St.
local
10,
signed
19
5th St.
local
10,
signed
20
6th St.
local
10'
signed
21
7th St.
local
10'
signed
22
8th St.
local
10'
signed
23
9th St.
local
10,
signed
24
10th St.
local
10,
signed
25
llth St.
local
10,
signed
26
12th St.
neigh.
10'
signed, 7P, DC, LR
27
A.
local
5'
signed
28
B.
local
5'
signed
29
C.
local
5'
signed
30
D.
local
5'
signed
31
E.
local
5'
signed
32
F.
local
5'
signed
33
G.
local
5'
signed
Privately -owned Ocean Access
Map Key
Location
Type
Size
Improvements
34
SR 1172
Fishing
Pier
Pier, 75P, RR
(Fee Charged)
35
SR 1172
Leased
Land
40P
36
SR 1172
Lot lA
None; under litigation
(Dedicated Land)
- 5 -

Public Estuarine Access
Map Key
Location
Type
Size
Improvements
37
40th St.
local
30'
unimproved
38
36th St.
local
30'
unimproved
39
32nd St.
local
30'
unimproved
40
28tb St.
local
30'
unimproved
41
Marlin St.
local
70'
unimproved
42
Sailfish
local
50'
unimproved
43
Dolphin
local
50'
unimproved
44
Cobia St.
local
40'
unimproved
45
A.
local
10,
marked
46
B.
local
10'
marked
47
C.
local
10'
marked
48
D.
local
10,
marked
49
E.
local
10,
marked
50
F.
local
10,
marked
51
G.
local
10,
marked
52
16th St.
local
30'
unimproved
53
17th St.
local
30'
unimproved
54
18th St.
local
30'
unimproved
55
19th St.
local
30'
unimproved
56
Bonapart
local
60'
unimproved (SR 1242)
57
Hickory
local
30'
unimproved
58
Stokes Dr.
local
30'
unimproved
59
Park Road
local
60'
boat ramp
60
SR 1172
neigh.
--
boat ramp; traditional
Privately
-owned
Estuarine Access
Map Key
Location
Type
Size
Improvements
61
Adj. to
neigh.
2 Ac.
unimproved parking for
Park Road
boat ramp
Property Donated for Public Beach Access Parking
Map Key Location Type Size Improvements-
62 West of multi- 25 Ac.unimproved
40th St. regional
Symbol Legend
P = Parking Spaces (8P = 8 Parking Spaces)
DC = Dune Crossover
LR = Litter Receptacle
signed = CRC Public Access Sign
RR = Restrooms
marked = other sign denoting public accessway
- 6 -

0 B. Analysis
Public pedestrian access to ocean and inlet beaches in
Sunset Beach is provided by frequently spaced accessways.
The only public parking currently available is that along
the Main Street right-of-way. Parking along the right-of-
way is inadequate for peak -season use. Although private
U facilities currently allow parking for beach visitors,
private property owners may restrict public usage of such
(� areas at any time resulting in more limited parking oppor-
tunities and thereby exacerbating current access problems.
Estuarine access is provided at only a limited number
of locations on the barrier island, causeway and mainland.
Many of these sites have potential to be developed into
useable accessways. Neighboring Bird Island presents an
excellent opportunity for public ocean and estuarine ac-
cess if the island were purchased by a public entity and
boat access made available. There are no county public
access facilities in the vicinity of the Town of Sunset
Beach.
Public use is greatest along the ocean beaches as com-
pared to the estuarine shorelines, however there are many
residents and visitors who utilize both ocean beaches and
estuarine shorelines equally. Ocean beach uses include:
a
shelling, walking, sunning, swimming, fishing (gill net,
surf) jet skiing, sailing, birding, dog walking, volley-
ball playing, kite flying, sand sculpting, frisbee play-
ing, etc. Estuarine shoreline uses include: boating,
uskiing,
fishing (recreational and commercial), crabbing,
shellfishing, net fishing, etc.
(�
By and large, because the public most heavily uses the
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ocean beaches, the majority of access facilities need to
be concentrated near the ocean. Existing public access-
ways.throughout Sunset Beach are generally identified by
Coastal Resources Commission (CRC) signs or other identi-.
fying markers, but are otherwise unimproved having no dune
crossovers, boardwalks, litter receptacles, restrooms,
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picnic tables, etc. Although parking is recognized as the
most critical element limiting access to the water, the
provision of the above listed items would facilitate en-
hanced use of the island's shorelines. Ocean accessway
improvements would therefore need to include parking,
restrooms, handicapped access and litter receptacles.
Along estuarine shorelines, parking and litter receptacles
would be among the most important facilities to provide
followed by boat ramps. Litter has been cited as one of
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the problems associated with both ocean and estuarine
access in Sunset Beach and therefore litter receptacles
would need to be provided at all accessways.-
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III. CONSTRAINTS ANALYSIS
There are at least six constraints that currently
limit Sunset Beach's ability to develop public water ac-
cessways within its corporate limits. These constraints
include: the high cost of land; opposition of oceanfront
landowners; conflicting needs of permanent citizens versus
absentee landowners; funding limitations; undeveloped land
limitations; and natural resource constraints.
A. Cost of Land
Sunset Beach is perhaps the only barrier island beach
in North Carolina that is accreting. Because of the in-
creasing width of the beach, the property values of the
private land behind the public beach are skyrocketing.
The cost of purchasing oceanfront property is far beyond
the reach of the Town. Although the Division of Coastal
Management's Beach Access Program was initially estab-
lished to purchase"unbuildable oceanfront lots, Sunset
Beach will likely never qualify for such acquisition funds
as there are no unbuildable oceanfront lots on the island.
Furthermore, because the cost of purchasing oceanfront
property is so high, the Division would have to be willing
to commit a large portion of its annual grant funds to
purchasing oceanfront land for parking, or would have to
be willing to purchase second row property at a somewhat
reduced cost to accommodate this function. (Refer to
Chapter VII, Funding Sources.)
B. Opposition of Oceanfront Landowners
Many oceanfront property owners are absentee land-
owners who rent their cottages to visitors who may be
seeking "private" or perhaps "exclusive" vacation beaches.
These property owners view beachgoers and public parking
as negative factors that adversely affect rental income;
to these property owners, public access and public use of
the beach are perceived as encouraging excessive numbers
of beachgoers to come to the island and bring along with
them their attendant problems. Some oceanfront property
owners have expressed a willingness to undertake legal
action to stop the_Town's efforts to provide public
parking for ocean beachgoers. (Refer to Chapter VI, Pub-
lic Water Access Policies and Implementation Strategies.)
C. Conflicting Needs of Permanent Citizens and
Absentee Landowners
Sunset Beach's year-round citizenry consists of an in-
creasing number of mainland residents, this number expand-
ing in size with each annexation. Given that the island
is approximately 60% developed and that a substantial

percentage of these property owners are absentee, it is
highly unlikely that year-round beach residents would
represent the greater percentage of Sunset Beach resi-
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dents. This factor is of critical importance, however,
because mainland residents purchased land in Sunset Beach
in order to have access to the ocean beach within their
town. The conflicting needs between oceanfront absentee
property owner-s and the mainland permanent residents high-
light the complexity of the Town's access dilemma.
D. Funding Limitations
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To have a successful public water access program, it
might be theorized that state, county and town governments
should contribute proportionally to the construction and
maintenance of these public benefit -providing facilities.
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In reality, however, state acquisition and construction
funds are minimal even with federal supplements; county
access funds are at present non-existent; and town funding
must go to not only public access, but also to other
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on -going town functions.
In addition to the substantial up -front costs for land
acquisition and facility construction, the Town must be
concerned about on -going costs for facility repair, long-
term maintenance, and security. Once the facility is put
into operation, the Town becomes responsible for maintain-
ing it in a condition suitable for continuous public use.
E. Undeveloped Land Limitations
The entire barrier island of Sunset Beach, with the
exception of the inlets and property adjacent to the bay,
is currently plated into lots. Of these lots, approxi-
mately 95% along the oceanfront and. 60% of the total num-
ber on the island have been developed. Given the degree
to which the barrier island has been developed and the
great demand for ocean beach access, it is difficult to
locate a potential beach access site, better yet one that
is affordable and meets minimal public opposition.
F.
Natural Constraints
The following natural factors present limitations of
one sort or another to accessway development:
- accreting beaches;
- migrating inlets;
- wetlands and estuarine shorelines;
- swift currents in the intracoastal waterway;
- soils with septic tank limitations; and
- flood hazard areas.
UAlthough accreting beaches are generally seen as a

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benefit, both stabilizing the island and protecting pri-
vate investments, the additional beach area does increase
the length of the walk from the public right-of-way to the
wet sand beach. If boardwalks, particularly those that
are accessible to the handicapped, were to be constructed,
the cost of longer boardwalks would be greater to the
Town than if this distance were shorter.
On the other hand, the relative instability of the is-
land's inlets does not make them suitable locations for
constructing public improvements intended to provide
long-term public benefits. Although public acquisition of
these unbuildable areas may be appropriate to minimize
potential loss and for general recreation purposes, inlet
migration could threaten any facilities or structures
located in inlet hazard areas of environmental concern.
Wetlands are located along the estuarine shoreline of
the barrier island and the mainland of Sunset Beach. This
vegetation provides numerous valuable natural resource
functions. Additionally, the estuarine shorelines serve
as a buffer between upland development, wetlands and pub-
lic trust waters. These areas of environmental concern
are regulated by the Division of Coastal Management for
the purpose of protecting and enhancing natural resources.
Public access projects should be located so as not to ad-
versely impact these areas of environmental concern.
Swift currents in the intracoastal waterway may limit
r, the ability of boaters to launch boats directly into the
lu' waterway. Protected access channels are needed for boat
launching to minimize hazardous navigation conditions.
I
Soils with septic tank limitations present a major
natural factor limiting access development. Any public
access project with restrooms would have to have a septic
system or rely on portable sanitation facilities. Because
land prices are so high, the Town may not be able to pur-
chase the land area required for a septic system's drain
lines and, thus the Town may out of necessity be forced to
rely almost exclusively on portable sanitation facilities.
There are several.areas on the island that presently do
not qualify for septic tank permits; these areas have been
previously covered by dredge spoil or the lots are too
small according to septic system permit requirements. If
septic system permit requirements become more stringent,
the development potential of additional lots could become
limited.
A final natural constraint is flood hazard areas. The
entire island and the mainland fringe is identified as a
flood hazard area. These low lying areas are susceptible
to flooding caused by wind generated high tides.
III
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OIV. WATER ACCESS NEEDS: EXISTING AND PROJECTED DEMAND
The two types of water access this study focuses on
are visual and physical access. Visual access is the
ability to view the water and physical access involves
getting people to the water and accommodating them appro-
priately by providing parking, restrooms, etc.
A. Visual Access
Simply defined, visual access is the unrestricted view
of scenic features such as the ocean, sound, or tidal
r�
creek. This type of access enhances the character of
coastal communities and gives each community a sense of
identity: a resident or visitor knows they have arrived
at Sunset Beach when they catch a glimpse of the water.
aAs
the coastal area continues to develop, protecting
remaining unrestricted views of the water becomes in-
creasingly more important. Areas of significance in
Sunset Beach include the view of the water along the
southern side of Shoreline Drive (NC 179). The view along
this side of the road is open because the developable land
area adjacent to the right-of-way is relatively narrow and
wetlands are located directly behind this property.
In other areas, it may be appropriate to consider pro-
tection of valuable views through zoning restrictions
(e.g.: no billboards, height limits, etc.).
B. Physical Access
The 1986 Sunset Beach Land Use Plan (LUP) estimates
(�
the Town's year-round population in 1985 to be 185 persons
(�
and its peak seasonal population to be 7,536 persons. The
LUP projects 1995 peak seasonal population to be 14,595.
The plan has also estimated 1985 peak parking demand to be
D
599 spaces and projects this number to be 1,153 spaces by
1995. For the purposes of this study, it will be assumed
that the demand for parking spaces identified in the 1985
LUP is for public water access to ocean beaches, island
estuarine shorelines and mainland estuarine shorelines.
In reviewing these figures, it should be emphasized
that they are only estimates and that actual demand for
parking spaces may be different. Also, the CRC guidelines
t�
suggest that local governments provide parking spaces for
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3% of the locality's peak season population (15 NCAC 7M
.0303(h)). If that figure is used, Sunset Beach should
provide 226 parking spaces to meet 1985 demand and 437
spaces to meet 1995 demand. The CRC figure is suggested "
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to local governments as a minimum planning guideline;
clearly each municipality may desire to provide more or
less based on local demand.
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- 11 -

In this
to establish
below:
1988-1990
provide 250
total spaces
situation, the Town of Sunset Beach may want
certain parking goals for itself as outlined
1991-19911
provide 350
total spaces
199d-199f
provide 475
total spaces
1997-2000
provide 600
total spaces
Establishment of such goals could be incorporated into
the Town's capital improvement program and annual budget
ordinance to assist the municipality in planning and bud-
geting for the necessary improvements.
To meet public access parking demand, it is recom-
mended that 75% of the parking spaces be provided in close
proximity to the ocean beaches, 10% along the island's
estuarine shoreline and 15% along the mainland's estuarine
shoreline. If these percentages are followed, the below
listed cumulative pattern of public parking spaces would
result:
1988-1990
250 total
188-ocean
25-is.est.
37-main.est.
1991-199A
350 total
263-ocean
35-is.est.
52-main.est.
C. Recommended Facility Types
1994-1996
475 total
356-ocean
48-is.est.
71-main.est.
1997-2000
600 total
450-ocean
60-is.est.
90-main.est.
The CRC has also established locational guidelines for
the types of accessways identified in 15 NCAC 7M .0302,
Definitions. These criteria call for parking opportun-
ities to be provided each block and for at least one re-
gional access facility with parking and handicapped
accessible restrooms to be located on each barrier island.
CRC criteria are intended to be minimal guidelines that
are flexible so as to accommodate each local government's.
unique conditions. Those unique to Sunset Beach include
parking along street rights -of -way, sparse oceanfront land
acquisition opportunities, no unbuildable lots due to
erosion, septic tank limitations, etc.
When these guidelines are applied to Sunset Beach and
modified according to the Town's unique conditions, the
following pattern of access would result as identified in
Table 2 and on Map 2. More detailed site plans of typical
potential access sites follow.
- 12

TABLE 2: RECOMMENDED PUBLIC ACCESS DEVELOPMENT PLAN
OCEAN:
3 reg.(91P)
Ol 38th 28P
O2 27th 28P
O Tubbs 35P
3 neigh.(35P)
40 40th 8P
5O 12th 7P
0 A. 20P
R-O-W (62P)
07 Main 62P
IS. EST.
5 neigh.(25P)
® 36th 5P
O 16th 5P
OO 17th 5P
1© 18th 5P
© 19th 5P
1991-1993
OCEAN:
1 neigh.(20P)
Al SR1172 20P
1994-1996
OCEAN:
1 reg.(60P)
a spoils 60P
R-O-W (50P) R-O-W (33P)
© SR1172 20P �2 Main 33P
©Main 30P
TC 'PQfP TC Ti CT
1 neigh.(20P) 1 neigh.(26P)
® SR1172 20P 3� Spoil 16P
(ramp)
1997-2000
OCEAN:
R-O-W (93P)
O1 Main 93P
IS. EST.
MAIN. EST. MAIN. EST. MAIN. EST. MAIN. EST.
1 reg. (30P) 1 reg. (38P)
© new bridge 4a Park Rd(ramp)
R-O-W (37P) 1 neigh. (7P)
© NC 179(25P)/6\ old bridge
1® SR 1242(12P)
- 13 -

In addition to these access opportunities, there are
other suggestions including the establishment of a multi -
regional access facility at Bird Island and a regional
access facility on Lot lA in Sunset Beach. (In August
1988, a judgement was issued in favor of the public dedi-
cation of the property opening the way for its use as a
public access area; other legal action may be continue.)
The Town may also want to consider the establishment of
subdivision regulations that require dedication of public
access areas. A final opportunity to establish access
would be the acquisition of property in the event of a
hurricane.
- 14 -

0
V. PROTECTING PUBLIC WATER ACCESSWAYS
U
This chapter is intended to provide a brief overview
of the need to protect public accessways for continued
public use. A UNC Sea Grant Publication, "Access to the
Nation's Beaches: Legal and Planning Perspectives" by
David Brower, et al. (February, 1978), provides the basis
for this chapter and is recommended reading for a more
indepth understanding of this subject.
In North Carolina the public has the right to use the
wet sand beach. The N. C. Supreme Court ruled in 1968
that the state owns the wet sand beach defined as "the
strip of land that lies between the high and low water
marks and that is alternately wet and dry according to the
flow of the tide." This strip of land is held in public
trust for such uses as navigation, fishing, swimming,
recreation, preservation and enjoyment of scenic beauty.
In other states, the courts have expanded the public trust
a
area to include publicly used dry sand beaches, however,
in North Carolina this question has not yet been decided.
Getting to the wet sand beach is another matter.
11
u
Where public accessways are not available, the public is
effectively precluded from using the public beach. In
order to assure the continued adequate supply of public
access to meet increased peak season demand, local govern-
ments must:
A) protect existing accessways;
B) acquire property (fee simple);
C) acquire easements (less than fee interest); and
D) acquire property by other means.
A. Protection of Existing Accessways-
aMany
accessways may appear to be publicly owned be-
cause they are marked by public access signs and are open
a
to use by the general public. In reality, however, action
is required on the part of local government to establish
public title to each accessway in order to preserve and
protect its continued availability to the public. N. C.
General Statute 136-96 presumes that a dedicated right-of-
way is abandoned if (1) a municipality fails to improve
and open it within a period of 15 year or more, and (2)
the dedicator or successor files a declaration withdrawing
the right-of-way from dedication. If local governments do
not use and protect these properties, they can easily be
withdrawn from public dedication.
(�
u
The first step to protecting accessways is to conduct
title searches of each potential access location to deter-
mine which accessways have or have not been dedicated to
- 15 -

I
the public. At that point, the Town should accept all
legal dedications of public accessways and should begin to
maintain them as public property. Maintenance efforts
would include such minimal measures as installing public
access signs, litter receptacles and generally making
accessways available to the public for use.
B. Property Acquisition
Fee simple title to land can be acquired by the Town
through purchase at the fair market value or at a reduced
cost (bargain sale), through donation, or through condem-
nation proceedings.. Land acquisition by any means is an
expensive, time consuming procedure. Local government
land acquisition can be most successful if it is based on
clearly established goals and objectives that will serve
�j
and are supported by the citizens of the community.
C. Easement Acquisition
Easements differ from fee simple acquisition of land.
An easement involves the acquisition of a limited set of
use rights, such as the right to cross over private
property from one point to another. Public access ease-
ments are generally narrow strips of land that are best
suited for pedestrian access to the beach. Although ease-
ments can be purchased, they can also be acquired through
legal establishment of prescription which is adverse use
of private property over a period of 20 years.
D. Other Acquisition Means
Additional means to acquire land include lease, trade,
a
post -hurricane acquisition, unbuildable lot acquisition,
and subdivision regulations requiring property dedication
or reservation.
Leases are currently used in Sunset Beach and have
both advantages and disadvantages. 'One advantage is that
a it is a relatively low-cost means to acquire the use of
property. On the other hand, disadvantages include the
temporary nature of the use of the land and the uncer-
tainty of future public use. If the Town accepts the
jl leasing of property as a temporary measure to "buy time"
u to solve public parking needs, leasing can be used to
public advantage. If on the other hand no public parking
areas are purchased and only leased properties are used,
the Town would be at a great loss should the property
owner decide no longer to lease the land to the Town.
I( Trading property is another low cost means to acquire
u access. If the Town owned property, the Town could trade
the land for other -property that would enhance or expand
public access opportunities.
r' - 16 -

In the event of a hurricane, the National Flood Insur-
ance Act has provisions that allow the federal government
to purchase properties "damaged substantially beyond re-
pair". The federal government can sell, lease, donate or
otherwise transfer such properties to any state or local
agency which agrees. to use the property for a minimum of
forty years in a manner consistent with "sound land man-
agement" practices as determined by the Dept. of Housing
and Urban Development.
Should any properties under Sunset Beach's jurisdic-
tion be determined to be unbuildable under the Division of
Coastal Management's regulations, the Beach Access Program
has funds available for their purchase.
Subdivision regulations are increasingly being used to
require the dedication or reservation of properties for
public recreation purposes. Such regulations pass the
cost of providing new facilities onto the new residents
themselves as they would be creating increased demands on
the existing facilities.
- 17 -

I
VI. PUBLIC WATER ACCESS POLICIES
AND IMPLEMENTATION STRATEGIES
The formulation of specific policy statements regard-
ing public access objectives is perhaps the most impor-
tant part of any access plan prepared under the state's
Coastal Area Management Act. Such policies create a
starting and reference point for implementing the plan.
(�
Sunset Beach's policies about the subject of public water
access and implementation strategies are articulated
below:
a1.
General P _ ublic Access Declaration
Policy: It is the policy of the Town of Sunset
Beach to foster, protect, improve and ensure optimum
public access to recreational opportunities along ocean
and estuarine shorelines. These areas are resources of
statewide significance held in trust by the state for the
use and enjoyment of all citizens. The public has tradi-
tionally and customarily freely used and had access to
these resources and continued public access to them
equally benefits both citizens of and visitors to the Town
of Sunset Beach.
Implementation Strategy: The Town of Sunset Beach
will take whatever measures are necessary, legal or other-
wise, to ensure continued public access at all existing
and future accessways.
0 2. Accessway Acquisition
Policy: The Town of Sunset Beach supports the
acquisition of land to provide for public ocean and es-
Q
tuarine access opportunities including parking and rest -
room facilities. Although the Town would prefer public
ocean accessway parking to be located on oceanfront lots,
thereby being in closest proximity to the beach, land
prices for such properties exceed the Town's ability to
pay.. It is therefore the policy of the Town that second,
third and forth row lots are acceptable for public ocean
LJ
u
access as they are generally more affordable. When neces-
sary, the Town of Sunset Beach will pursue condemnation
procedures in order to purchase land for public access
facilities. The Town supports public (state) acquisition
of Bird Island for public access purposes.
Implementation Strategy: The Town will take ac-
tive steps to purchase property for public water access
purposes. The Town will identify potential future public
access sites and will pursue purchase of priority access
- 18 -

Qlocations. The Town will consider incorporating a public
access land acquisition plan into a capital improvements
plan for the Town.
n
3. Accessway Funding
t11
Policy: In order to provide public water access
facilities, the Town of Sunset Beach will use whatever
public funds are available (bonds, grants, etc.), will
accept donations or gifts, and will commit as much as 7%
of the Town's annual budget to public access (acquisition
and/or development). The Town also supports the concept
of charging developer impact fees to provide necessary
public access facilities. The Town supports requesting
o
the General Assembly for special -legislation enabling the
Town to establish developer impact fees for recreation.
The Town inturn supports the need to develop an impact fee
ordinance. The Town also supports the establishment of
(�
subdivision regulations that require developers to donate
(�
land for waterfront recreation purposes. The Town further
supports special legislation needed for the establishment
of an occupancy tax on all motel/hotel rooms and rental
cottages.
Implementation Strategies: The Town will -under-
take the following activities:
- apply for available grants and provide re-
quired local matching funds;
- will consider issuing general obligation
bonds for the purpose of acquiring and con-
structing public access projects;
- accept donations and/or gifts of land, mater-
ials, etc. that could be -used for public ac-
cess projects;
allocate up to 7% of the Town's annual budget
�j
for public water access acquisition, construc-
tion and/or maintenance;
- work with local legislators to have special
legislation introduced allowing the Town to
establish developer impact fees for recreation
(�
and to establish an occupancy tax;
- develop a local plan and ordinance to imple-
ment the developer impact fee legislation; and
- develop subdivision regulations requiring de-
velop dedication of recreation properties.
4. Accessway Protection
Policy: It is the policy of the Town of Sunset
t Y
Beach to actively assure the protection of public access -
ways through appropriate legal means to protect against
0 - 19 -

encroachments, dedication withdrawals, etc., so that exis-
ting or future accessways remain in the public domain.
LImplementation Strategy: The Town will consult
legal counsel and take appropriate legal actions to pro-
tect existing and future public accessways from adverse
Q private actions. The Town will also post signs and main-
tain accessways so as to exhibit continued public use.
p5. Boardwalks and Dune Crossovers
Policy: Due to the barrier island's accretion, it
is cost -prohibitive to construct boardwalks at each of the
island's accessways. It shall be the policy of the Town
to construct between 6 and 10 boardwalks with dune cross-
overs on the barrier island, at least one of which will be
accessible to the handicapped, at fixed locations where
public parking is available.
e
L
0
U
u
Implementation Strategy: The Town of Sunset Beach
will construct between 6 and 10 boardwalks with dune
crossovers and ramps where possible on the barrier island
at priority access points where parking is available. One
such point will be accessible to the handicapped and will
be accompanied by handicapped accessible parking and
restroom facilities.
6. Handicapped Accessibility
Policy: The Town of Sunset Beach supports the
provision of access facilities accessible to the handi-
capped. There are, however, two natural resource con-
straints that limit the Town's ability to provide handi-
capped accessible dune crossovers and-restrooms along the
beach. Low marshy areas located between the street and
the beach from loth Street to 40th Street, with the excep-
tion of the business district, prevent the construction of
a handicapped accessible ramp. Additionally, small lots
with soil limitations prevent the construction of on -site
septic systems needed for handicapped accessible restroom
facilities, and in general, portable facilities available
in the coastal region are not designed to be accessible to
the handicapped. Where natural resource constraints
permit, the Town will construct at least one handicapped
accessible facility on the beach.
Implementation Strategy: The Town will construct
at least one handicapped accessible ocean access facility
where natural resource constraints permit. Such a facil-
ity would consist of a parking, restrooms, dune crossover,
and ramp all accessible to the handicapped. Additional
ramps will be constructed, where possible, to promote
C
- 20 -

I
handicapped access.
7. Litter
Policy: Litter is a well-known problem associated
with any public place: where there are people, there is
litter. The Town wants to keep the shorelines and public
access areas free from litter to promote a healthy
Qpleasant
atmosphere.
Implementation Strategy: The Town will provide
litter receptacles at all public accessways and along the
beach and will take active measures against those who
litter by issuing citations for ordinance violations. The
Town will encourage volunteer liter pick-up efforts and
will continue to participate in the annual Beach Sweep
program.
0 8. Maintenance and Policin
Policy: Well -maintained and adequately policed
public facilities dissuade vandalism and encourage appro-
priate use. The Town supports the need to adequately
maintain and police public access facilities.
Implementation Strategy: The Town of Sunset Beach
will use employees in the Sanitation Department to main-
tain access facilities. A "beach patrol" composed of col-
lege students and/or other volunteers may be employed in
the summer to assist Town employees during the peak sea-
son. A private contractor could be responsible for main-
taining portable restroom facilities. The Town Police
�J
Department will patrol access areas to ensure proper
public use thereof.
9. Public Parking
n
!`
Policy: Public parking is an integral component
+�
of public access and is requisite to an orderly use of
land and minimal vehicular danger to pedestrians. Parking
is a shared responsibility between local government and
private land owners. Local government should provide ade-
quate parking for citizens and visitors using water access
areas, and private land owners should provide adequate
parking for those staying at cottages, not limiting public
right-of-way parking through excessively wide private
driveways. Parking should be accommodated in all zoning
districts within the jurisdiction of Sunset Beach. Land-
scaping and setbacks should accompany off-street parking
areas where feasible to enhance the appearance of such
facilities. Parking shall not be prohibited along any
- 21 -

public right-of-way except where necessary for traffic
control purposes. One-way streets are considered to be
appropriate in order to accommodate parking on the right-
of-way. Parking meters and annual parking passes are also
considered to be appropriate during the peak season.
Implementation Strategies: The Town will under-
take the following activities:
j�
- protect all DOT and Town street rights -of -way
�j
from excessively wide driveway cuts through
Town ordinances limiting the size of driveways;
- improve Town street rights -of -way to provide
adequate space for parking;
- work with the DOT to improve state road rights -
of -way to provide adequate space for parking;
- do not restrict on -street parking in the Town
Code and remove all "No Parking" signs not
covered by the Town Code;
- study the feasibility of one-way streets to
increase on -street parking opportunities;
- acquire additional property as needed to pro-
vide an adequate supply of off-street public
parking spaces;
- incorporate landscaped buffers at all off-
street parking locations; and
(�
- consider the use of parking meters and season
(�
passes during the summer months.
10. Public Restrooms
Policy: The Town of Sunset Beach supports the
('( provision of public restroom facilities. At least three
�j public restroom facilities should be provided on the bar-
rier island and one on the mainland. The Town supports
the use of portable restroom facilities at sites where
there is a lack of land for a septic tank and drainfield.
Portable restrooms would be for seasonal use only and
would be housed in aesthetic wooden structures. The Town
U of Sunset Beach supports the provision of at least one
L� handicapped restroom facility on the beach.
(j Implementation Strategy: The Town will install
public restroom facilities, portable or permanent, at
three access sites on the barrier island and one on the
mainland. At least one of the facilities on the barrier
island will be accessible to the handicapped.
L.1 11. Public Access Signs
U Policy: All public accessways will be marked with
public access signs.
- 22 -

0
Implementation Strategy: CRC or other Town public
access signs will be installed at each of the accessways
identified in this plan; signs will be replaced if damaged
or removed.
- 23 -

It
FUNDING
VII. SOURCES
In order to implement the policies identified by this
plan, the Town of Sunset Beach will need to utilize fund-
ing and planning strategies to coordinate required capital
investments. Various state and federal grant programs
provide funding for public access projects such as those
identified in this plan. Additional municipal funding
('t
mechanisms are also available to the Town as outlined be-
low. To implement these policies and provide identified
facilities, the Town will need to schedule ongoing public
access improvements as a component of its annual budget..
A. Potential State and Federal Funding Sources
The number of state and federal agencies funding pub-
lic access projects changes from year to year, and so to a
certain extent Town officials will need to keep abreast of
these changes through regular contact with these agencies.
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 suit-
able facilities.
t1
�.J
Those agencies that provide assistance in the con-
struction and/or acquisition of public access projects
include the Civil Works Program, Coastal and Estuarine
Water Beach Access Program, Land and Water Conservation
Fund, Marine Resources Commission Fishing Access Program,
Wildlife Resources Commission Boat Ramp Program, and De-
partment of Transportation Secondary Road Program.
1. Civil Works Program
aThe
Civil Works Program is administered by the Divi-
sion of Water Resources in the Department of Natural Re-
sources and Community Development. The program makes
funds available to local governments on a matching basis
for navigation improvements, water management, beach pro-
tection, and land acquisition and facility development for
water -based recreation sites. Some examples of the latter
type of project include canoe trails.
Contact: Mr. John Sutherland
Division of Water Resources
N.C. Department of Natural Resources and
Community Development
P.O. Box 27687
Raleigh, NC 27611
Phone: [phone]
- 24 -

I
2. Coastal and Estuarine Water Beach Access
C�
Program
O
The Coastal and Estuarine Water Beach Access Program
is administered by the Division of Coastal Management in
the Department of Natural Resources and Community Devel-
opment. The program makes funds available to local gov-
ernments on a matching basis for land acquisition and pub-
lic access facility development. Some examples include
the construction of parking areas, restroom facilities and
handicapped accessible accessways.
Contact: Mr. Haskell Rhett
Division of Coastal Management
N.C. Department of Natural Resources and
�u
Community Development
7225 Wrightsville Avenue
(�
Wilmington, NC 28403
(�
Phone: [phone]
3. Land and Water Conservation Fund
The Land and Water Conservation Fund is administered
for the U.S. Department of Interior through the N.C. De-
partment of Natural Resources and Community Development,
L
Division of Parks and Recreation. This program makes
funds available to local governments on a matching basis
(1
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 Natural Resources and
Community Development
7225 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone]
4. Fishing Access Program
�j
+J
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 matching basis for facilities such as
fishing piers.
Contact: Mr. Murray Wolf
Division of Marine Fisheries
Department of Administration
(
P.O. Box 769
(�
Morehead City, NC 28557
Phone: [phone]
t�
U
-
- 25 -

5. 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 Re-
sources Commission will construct and maintain the ramp,
however they have limited funds for constructing new ramps
and are focusing efforts on maintaining the 145 launching
areas they have previously constructed.
Contact: Mr. Dick Hamilton
Wildlife Resources Commission
N.C. Department of Natural Resources and
Community Development
P.O. Box 27687
Raleigh, NC 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
UDepartment
of Transportation
Secondary Roads
1S. Wilmington Street
Raleigh, NC 27611
Phone: [phone]
{�
Other state programs for land acquisition include the
(�
Division of Coastal Management's Estuarine Sanctuary Pro-
gram and Natural Areas Acquisition Program. These pro-
grams are federally funded, and projects must meet state
JUG
and federal criteria and requirements. Usually, Division
of Coastal Management staff establish acquisition priori-
ties, 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 acquisi-
tion projects. In both instances, local citizens' efforts
(�
helped to make state officials aware of the value of pro-
tecting the properties in their natural state through
public acquisition.
B. Potential Local Funding Sources
(�
The local government has perhaps the heaviest finan-
0 - 26 -

Dcial
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.
t�
U
Some of the potential funding sources available to the
Town include general fund revenues, general obligation
bond revenues, impact fees, occupancy tax revenues, subdi-
vision regulation dedication requirements, parking fees,
and volunteer efforts.
1;
t�
1. General Fund Revenues
Local government revenues are divided into at least
two sources: general and proprietary. General fund reve-
nues typically include local property tax collection and
state revenue allocations (sales tax, Powell Bill funds,
etc.) Proprietary fund revenues include water and/or
sewer service collections and/or any other proprietary
services a local government might provide.
2. General Obligation Bonds
General obligation bonds are those issued for a speci-
fied purpose upon the vote of a majority of the voters in
question. When considering such bonds, it should be noted
that the bond debt would be secured by the Town's taxing
power. This type of bond is commonly used for community
purposes such as road building, park acquisition and con-
struction, school construction, etc.
(�
3. Impact Fees
State approval of a local bill is necessary before a
n
local government would be able to assess impact fees for
Urecreation.
Once legislation is approved, the local gov-
ernment must prepare a plan documenting the fiscal impact
of new development on recreation facilities and proposing
a fee collection system to offset such impacts. The Town
of Nags Head has prepared such a document and review of
this material could be of assistance to the Sunset Beach.
4— Occupancy Tax
State approval of a local bill would also be necessary
before a local government would be able to assess an occu-
pancy tax on motel/hotel rooms or rental cottages. The
'
Town of Nags Head has implemented this fee and discussion
with them is recommended.
- 27 -

5. Subdivision Regulations
Municipal subdivision regulations may require "the
dedication or reservation of recreation areas servicing
residents of the immediate neighborhood within the subdi-
vision." In requiring the developer to dedicate recrea-
tion land, the local government should ensure that the
area's location will adequately provide for the recreation
needs of the residents in the development as well as those
in the immediate neighborhood. For additional informa-
tion, please refer to "A Beach Access Handbook for Local
Governments" by the Division of Coastal Management (March,
1985).
6. Parking Meters
Parking meter revenues from off-street parking'facil-
ities.may be used for any public purpose. Revenues from
on -street meters, however must be used for enforcement and
administration of traffic and parking regulations. The
use of summer season parking passes is also a possibility:
display of the pass would mean that parking meter fees
would not need to be paid.
7. Volunteer Efforts
Local citizens and civic groups can provide valuable
assistance in a myriad of ways: constructing access pro-
jects, "adopting" an access area or stretch of shoreline,
maintaining or patrolling an access area, etc. Such citi-
zen efforts strengthens the role of public access in the
community.
- 28 -

VIII. CONCLUSIONS AND RECOMMENDATIONS
This plan is intended to serve as a guide to the Town
u of Sunset Beach for the allocation of Town resources ne-
cessary to provide facilities to accomodate and meet pub-
lic access demands. This plan is to be used as an inte-
gral component of the Town's annual budget ordinance and
capital improvement program so -that the provision of pub-
lic access can become one among the many services associ-
ated with the Town.
Over time, this document should be reviewed and re-
fined. At a minimum, it should be revised every three
years to account for changing needs, financial conditions,
environmental conditions, etc. As projects are completed,
additional public access projects should be added to the
list of those already proposed for construction. Access
funding sources identified in this plan will be of invalu-
able assistance to the Town in designing and constructing
1LJi the projects required by the community.
Most importantly, Town Board commitment will be neces-
sary to implement this plan. Town Board action will need
to be taken at least on an annual basis if not more fre-
quently as the Town holds public hearings, applies for
{� grants, makes land acquisition decisions, and budgets
U local funds for these purposes.
In conclusion, commitment. to long-term public im-
provements and investments will result in long-term bene-
fits to the residents and visitors of Sunset Beach. These
results can be achieved through annual implementation of
j� projects proposed in this plan. Continuing Town Board
u commitment to public access provision will be essential
to the Town's ability to solve current and future public
access and parking problems.
u
r - 29 -
U

ATLANTIC OCEAN
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