Beach/Waterfront Access Plan and Port of Refuge/Safe Harbor Study-1987

PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
PLEASE DO NOT REMOVE
TYRRELL COUNTY, N.C.
1. ESTUARINE ACCESS PLAN
11. PORT OF REFUGE I SAFE
HARBOR STUDY
AUGUST, 1987
PREPARED BY:
T A L B E R T, COX & ASSOCIATES , I N C. preparation at this document
was financed is part throagh a
grant prodded by the North
Carolina Coastal Manaqement
rrogram, Chroeg4 funds prodded
by the Cosstml rose Management
Act or 1971, as amended, rhica is
administered by the office of
Coastal Management, National
Oeesnto and Atmospheric Admaai—
atratsom.

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1.
TYRRELL COUNTY, N.C.
1. ESTUARINE ACCESS PLAN
11. PORT OF REFUGE I SAFE
HARBOR .STUDY
�Q�E L L C oG2
1.7 2 9
AUGUST, 1987
PREPARED BY:
T A L B E R T , C O X & A S S O CIA T E S ,I N C. Tbe preymratlom of this document
was financed in part through a
gran[ provided by the North
Carolina Coastal Manage.ent
4rogrsm, throoge lands prodded
by the Coastal zone Hanagemeat
Act of 1972, as amended, which 1s
adalmiscered by the Office of
Coastal Managcmaot, rational
Ocesnle and Atmospheric Admini-
atzatloa.

TYRRELL COUNTY, NORTH CAROLINA
BEACH/WATERFRONT ACCESS PLAN
AND
PORT OF REFUGE/SAFE HARBOR STUDY
' TABLE OF CONTENTS
1
PagePART.-I.
ESTUARINE ACCESS PLAN
I.
Introduction and Purpose
1
II.
Inventory and Analysis of Existing Sites
3
'
A. General
3
B. Analysis of Existing Water Access Sites
3
C. Summary of Existing Sites
6
III.
Water Access Needs: Existing and Projected Demand
8
A. Population Overview
8
'
B. User Analysis
8
C. Minimum Access Needs
8
D. Areas Identified as Appropriate for Future
'
Public Access
10
E. Potential Site Development
10
'
IV.
Water Access Policies and Implementation Strategies
13
A. Definition of Issue
13
B. Policy Alternatives
13
1
C. Implementation Strategies
14
D. Potential Funding Sources
14
'
PART
II: PORT OF REFUGE/SAFE HARBOR STUDY
I.
Project Need
15
16
II.
Proposal-
'
III.
Strategies for Implementation
16
A. Site Selection
16
1
B. Materials
C. Funding and Development Resources
16
18
D. Policy and Implementation Summary
18
1. Policy
18
1
2. Implementation
19

List of Tables, Maps, and Figures
Table 1: Summary Assessment of Existing Water Access
Facilities
7
Table 2:
Existing Sites
by Category and Use
6
Table 3:
Projected Minimum Acreage Needs: 1995
8
Table 4:
Priority Sites
for Future Development
10
Table 5:
Projected Development
Costs -Access Sites
11
Figure 1:
Plan Concept -
Estuarine Access Park with
Boating Access
12
Tyrrell County Safe Harbor
Project Conceptual Sketch
17
Map 1:
Location Map
i
Map 2:
Existing Water
Access Sites
(Appendix)
Map 3:
Townships, 1980
Populations
9

m m= m= m r w w= m= m r m I = m m
J
0
P.
G E I
TVRRC:l v nn11.1-r%f
Scale In Miles
0 25 50 75 100
MAP 1
Location Map

1
1
1
1
1
1
PART I: ESTUARINE ACCESS PLAN

TYRRELL COUNTY, NORTH CAROLINA
BEACH/WATERFRONT ACCESS PLAN
AND
' PORT OF REFUGE/SAFE-HARBOR STUDY
I. INTRODUCTION AND PURPOSE
North Carolina's extensive coastal area, with its hundreds of
miles of ocean and estuarine shorelines and adjacent beaches,
has long been recognized as an invaluable resource for the
entire state. Contributing vastly to the state's growth and
development in the areas of recreation, navigation, and
properly -managed commerce, the estuarine shorelines, water-
ways, and ocean beaches are among the state's greatest natural
treasures held in the public trust.
However, as the state's coastal areas have witnessed growth at
an accelerated pace, in some areas actual access to the
estuarine shorelines and ocean beaches by the general public
has been hindered instead of helped. In other cases, due
perhaps to underdevelopment and/or inadequate financial
resources, appropriate access facilities are still denied to
even local citizens.
In 1981 and 1983, the state's governing body, i.e., the
General Assembly, acting on the premise that all citizens
should have access to the barrier island ocean beaches and
estuarine shorelines, created the Coastal and Estuarine Waters
Beach Access Program. This program is administered by the
Coastal Resources Commission through its staff, i.e., the
Division of Coastal Management. The major purpose of the
program„is to assist local governments, such as Tyrrell
County, in planning, acquiring, designing, and constructing
public access projects.
In 1985, Tyrrell County updated its Coastal Area Management
Act (LAMA) Land Use Plan and included a number of policies and
proposed -implementation strategies for the County's future
growth and development. One of those policies and proposed
implementation steps was as follows:
Policy Choice
"Tyrrell County wants to see improved waterfront access
opportunities for the general public and will take addi-
tional measures to better assure those opportunities.
I :* - 1

Implementation Schedule
A. In FY 86, Tyrrell County will apply for funds, through
the Division of Coastal Management's Beach Access
Program, to develop a sound, practical public access
plan which will analyze the County's public access
needs.
B. Also, in FY 86, Tyrrell County will seek financial
assistance through such agencies as the Division of
Coastal Management, the Division of Marine Fisheries,
the N.C. Wildlife Commission, and the Land and Water
Conservation Fund, to develop a "port of safe harbor"
at a designated site along the Albemarle Sound. This
facility would provide emergency docking for recrea-
tional boats during storms." (p. 63, 1985 Tyrrell
County Land Use Plan)
This report, presented in two parts, represents the initial
steps in accomplishing the stated objectives. Part I will
present an estuarine access plan, since the County does not
have any ocean shorelines or barrier islands. Part II will
present a study and preliminary plans for development of a
"port of safe harbor" on the Albemarle Sound. These plans and
studies are purposed to provide a basis for procuring funding
for specific projects, as well as give general design guidance
in actual implementation.
1
11
H
[7
s 2

Ll
u
1
II. INVENTORY AND ANALYSIS OF EXISTING SITES
A. General
Scattered throughout Tyrrell -County are a number of water
access sites. Two dominant features of these sites,
however, are that they are mostly "traditional" or
"informal," unimproved locations, and most are used for
boating access, as opposed to swimming.
The North Carolina Wildlife Resources Commission has three
(3) formal boating access ramps in the County, all with
parking. The "informal" or "traditional" boating access
sites in the County, generally, are located on private
property or at the end of, or alongside, state road right-
of-way; have limited or no parking facilities; and are
unimproved. Nevertheless, these facilities are commonly
recognized by the local citizenry as boating access sites
and utilized as such. There are also several "private"
access ramps in the County, usually restricted to lot
owners within a subdivision.
There are no public formal recreational facilities for
swimming or picnicking at any water access site in Tyrrell
County, although there are several private/restrictive
sites with such facilities. Also, there are three unim-
proved, "informal/traditional" swimming sites in the
County (two on the Albermarle Sound and one on the
Alligator River) being used by some local citizens.
For purposes of this plan, a total of 20 existing water
access sites were assessed by use and classified as either
of three categories:
'
1. 'N.C. Wildlife Access Ramps
2. Public/Informal (i.e., "traditional")
3. Private (i.e., use restricted)
Map 2, "Existing'Water Access Sites," attached, shows the
location of all of the sites analyzed. A brief narrative
description of each site is presented in the following
'
Section B.
B. Analysis of Existing Water Access Sites
1. Kilkenny
Landing: This is basically a canal con-
necting
to the Alligator River. The site
is unim-
proved,
and the secondary road leading to
it is also
unpaved,
although recently widened (S.R.
1322).
Primary
use is by sports fishermen during
the spring
and fall
seasons. There does not appear
to be
1, 3

significant problems with overdemand compared to use. '
The site appears to have potential for further boating
access development, but is privately owned.
2. Northwest Fork and N.C. 94: This is a wide, openly
accessible area with a sign that states it is "state- '
owned property." It appears that the site may have
been, or still may be, used as a barge or ferry dock-
ing facility. The area appears .to have good potential
for future and expanded development as a sports ,
fishing access facility.
3.
Cherry Ridge Landing: This site, located at Cherry
Ridge, is situated on a diking canal, is privately
owned, and has poor vehicular access. It is used
currently by sports fishermen. There appears to be
limited development potential at this site.
'.
3a.
Gum Neck Landing: This is an improved state-owned
boat access ramp site with parking facilities and a
sign designating it as a "public access site." It is
used primarily by sports fishermen at present.
4.
Grapevine Landing: This site appears to have good
potential for development as a waterfront park, with a
nice aesthetical view of the water and a small private
pier. However, there are approximately 4 miles of
'
unpaved road (S.R. 1314) leading to the site which
affects its accessibility, but it is still being used
by some residents in the vicinity as a swim site.
5.
Frying Pan Landing: This is another N.C. Wildlife
access site with a sign designating it as a public
access point. The site is semi -improved with a con-
crete boat launching pad. There are signs posted
-
which state "no picnicking, no swimming, no camping."
The site is approximately 2 acres in size, with park-
,
ing facilities, and is used primarily by sports
fishermen.
6.
-Second Riders. Creek: This is an informal/public
access to a canal which leads to the Scuppernong
River. The site is adjacent to the road, in the
right-of-way, and has little potential for
development.
7. Cross Landing: This site, located at the base of a
bridge, is a very small area with difficult accessi-
bility at present. The site appears to have limited
potential for future development, but if developed, '
could provide good access to the western end of the
Scuppernong River.
- j
4

18.
Bu l's Bay: This is a very niceprivate boat access
facility which is improved and has a concrete launch-
ing pad. Currently the facility is limited to lot
owners in this particular development.
9.
Colonial Beach/Fully Landing: This is an unimproved
site on property owned by a commercial seafood
processor and which is currently used by commercial
fishermen. The site does have potential for future
development, possibly as a commercial fishing access
facility.
10.
Sawyer's Marina: This is the third N.C. State
Wildlife ramp and is located adjacent to Sawyer's
Marina west of Columbia. This is perhaps the nicest
of the state sites, with adequate parking space and is
a wide, open area.
11.
Taylor's Beach: This is a private facility restricted
to use by lot owners and is used for sports fishing,
recreational boating, and swimming, located on the
Albemarle Sound.
lla.
Rhode's Haven: This is another private/restricted
facility, also utilized for recreational boating,.
sports fishing, and swimming, located on the Albemarle
'
Sound.
12.
Legion Beach: This facility, owned by the American
Legion, is private and is also located on the
Albemarle Sound.
13.
Pledger's Landing: This is an informal public site,
traditionally utilized by commercial fishermen and for
swimming by some of the local residents. It is
located on the Albemarle Sound at the end of unpaved
S.R. 1225, and is a nice, sandy area with potential as
a swimming beach or as a site for the "port of safe
harbor." However, because of the numerous tree stumps
and debris around the beach, an extensive clean-up
-would
be necessary. However, the area does have good
aesthetic potential to be developed, perhaps as a
waterfront park with swimming and picnic facilities
(if it is not developed as a port of safe harbor).
14. Fort -Landing: This site, which is adjacent to
Alligator Creek (or Little Alligator River), is an old
ferry landing site at the end of S.R. 1209, which is
also used as an informal boat launching facility for
sports fishermen and for duck hunters. It has also
been historically utilized as a swimming beach by some
of the local nearby residents. There is no sandy
beach on this area, and the best development potential
appears to be as a boating access facility.
1 5

C.
15. Newfoundland: This is the site of an existing state
terry oc ing facility which is utilized as a barge
loading area to bring in rock for roadway construc-
tion. The area is also utilized by sports fishermen
as a boat launching area, and there appears to be a
small pier (or perhaps part of a docking facility).
The area may have potential for development as a
waterfront park because of the water -view aesthetics.
16. U.S. 64 and Alligator River Bridge: This site is
opted on state rig t-o -way at the base of the
bridge; it is unimproved and is utilized primarily by
commercial fishermen.
17. Dewe 's Pier: This site, located along the Albemarle
Sound and held in private ownership, is presently used
for swimming. It has a good sandy beach with good
potential for development as a swimming beach, perhaps
with picnic tables and other waterfront park facili-
ties. There is good aesthetic potential. Currently
the area is not utilized as a boat launching area.
Summary of Existing Sites
Table 1, beginning on the following page, presents a sum-
mary assessment of the existing sites analyzed in Tyrrell
County. In addition to the information presented in the
preceding narrative discussion, Table 1 indicates the
Division of Environmental Management's water quality
status for the waters adjacent to each site. Generally,
the sites along the Alligator River and its tributaries
are classified as "SC" or "SC -Swamp." This designation
allows for fish and wildlife propagation, but not for body
contact; this is also basically true for the Scuppernong
River, as well. On the Albemarle Sound, on the other hand
(except for the confluences with the Alligator River on
the east and the Scuppernong River on the West), the water
quality is generally "SB," which does allow for body
contact.
Of the 20 sites examined, the following Table 2 summarizes
them according to the three categories of N.C. Wildlife
Ramps, Traditional/Informal, and Private/Restricted.
TABLE 2:- Existing Sites by Category and Use
Y TVDe
1. N.C. Wildlife Ramps
2. Traditional/Informal
(a) Swimming
(b) Boating Access Only
(c) Swimming/Boating
3. Private/Restricted
(a) Swimming Only
(b) Boating Access Only
(c) Swimming/Boating
C
No. Sites
( 3)
(10)
3
5
2
( 7)
1
6
I
I�
u
1
1
h
11
1
1

TABLE 1: Summary Assessment of Existing Water Access Facilities
TYRRELL COUNTY
(See Map 2, attached)
Site
*
**
Water
No.
General Location
Type
Typical Use Condition
Ownership Quality
1
Kilkenny Landing
B
Sports fishing
U
Pvt.
C-SW
2
N.W._ Fork. & N.C. 94
A
Sports fishing
U
N.C.
C-Sw
3
Cherry Rdg. Landing
B
U
Pvt.
C-SW
3a
Gum Neck Landing
A
Sports fishing/
I
N.C.
SC-Sw
hunting
4
Grapevine Landing
B
Sport/commercial/
U
St. ROW
SC
swimming
5
Frying Pan Landing
A
Sports fishing
I
N.C.
SC-Sw
6
Second/Riders Creek
B
Sports fishing
U
St. ROW
C-Sw
7
Cross Landing
C
Sports fishing
U
Pvt.
C-Sw
8
Bull's Bay
C
Recreational
I
Lot Owners
SB
Assoc.
9
Colonial Beach/
C
Commercial
U
Pvt.
SB
Folly Landing
10
Sawyer Marina
A
Sports fishing
I
N.C.
Sc
11
Taylor's Beach
C
Sports fishing/
U
Lot Owners
SB
lla
Rhode's Haven
C
rec. boating/swim.
Rec. boating/
U
Assoc.
Lot Owners
SB
sports fishing/
Assoc.
swimming
12
Legion Beach
C
Rec. swimming/pic-
I
American
SB
nicking/piers/rec.
Legion
boating
13
Pledger's Landing
B
Swimming/commer-
U
Pvt./St. ROw
SB
vial fishing
14
Fort Landing
B
Sports fishing/
U
Pvt.
SC -SW
"
duck hunting
15
Newfoundland
B
Barge traffic/ Semi
-I
N.C. Ferry
SC -SW
sports fishing
Landing
16
Alligator Bridge/
B
Commercial
U
64 -
fishing
St. ROW
SB
17
Dewey's Pier --
B
Swimming
U
Pvt.
18
Alligator Creek
C
Commercial Fish-
U
Pvt.
SC-Sw
ing Access
*A -
N.C. Wildlife Facility
**I
- Improved
B -
Public/Informal ("Traditional")
U
- Unimproved
C -
Private/Restricted
ROW
- Right -of -Way
Water
Quality Classifications
SA, SB: Body Contact Allowed
SC, C-SW, and SC -SW: Should Not Have Body Contact
1, 7

III. WATER ACCESS NEEDS: EXISTING AND PROJECTED DEMAND
A. Population Overview
Tyrrell County's population (est. 1985) of 4,134 persons
is the smallest county population of all of North
Carolina's 100 counties. The population is projected to
grow very moderately through 1995 to a total of 4,398, an
increase of 264 persons.
There are five townships in the County, as shown in Map 3
on the following page, along with the 1980 Census popula-
tion estimates and percent of total, respectively. The
largest concentration of persons is in the Columbia Town-
ship, with the second largest being in the Scuppernong
Township, followed by the Alligator and Gum Neck Town-
ships. The South Fork Township, as indicated by the 1980
Census figures, is very sparsely populated. Only the
Columbia and Scuppernong Townships have exhibited growth
trends of any significance.
B. User Analvsis
As indicated in Table 1, Section II of this report, most
of the water access sites in Tyrrell County are used for
boating access by both commercial and recreational fisher-
men. No information is available on the extent of use at
each particular site or seasonal fluctuations. However,
based on discussions with residents, most of the users of
the various sites, whether for boating or swimming, are
primarily Tyrrell County residents.
C. Minimum Access Needs
The following Table 3, based on information taken from the
publication, A Beach Access Handbook for Local Govern-
ments, March, 1985, produced by the Division of Coastal
Management, provides an indication of the minimum access
needs for Tyrrell County through 1995.
TABLE-3: Projected Minimum Acreage Needs: 1995
Acreage/ 1995 Acreage
Access Type 1,000 Pop. Pop. Needed
1
1
Boat Access Areas
1/2 Ac. 4,398
2.2 Ac.
Estuarine Waterfront Park
1 Ac. 4,398
4.4 Ac.
Visual Enhancement Areas
1/2 Ac. 4,398
2.2 Ac.
Source: Talbert, Cox & Associates, based on A
Beach
Access Handbook for
Local Governments,
March,
,
1985
a
• 8 '

uu
V 1..rr r uuN
•\ �11 •• Imo. \
N • ,1a r �..r ua
'\ auu MY
/ ./ �-•_ LLJ�1u 1r r ' W �� I 1 - f�///I f 1
r ` 864
vv r :. �. � .� \ . � .. �us :L � • � ue a�rurNur ` J - � r j
\ ;;ram � t • � ...,..r
4 /
Cr LUMB .P A 'T !
I
—X'�,,��,,;� ALLIGATOR T 1P 1
2,098
jOWN -.-�-- -- ►
i ,.tea. Gamma ' • "`�,.. I
trAwi
GUM NECK' T Irme
P '.•r..G..a.
o.
S O U T•H
�•( FORK I • M 474 I 'I p
I TWP W �)
cRArrv$wr
o.•.r.1�. �� ...�.,..... 1, ^tier
i A'I
She re
p pa ration o! this map :as
financed Lo part through a grant r`
provided by the North Carolina , ,L,f j �'� �� �•f
Coastal Management Program,
through funds provided by the o• ;
Coastal Zone Management Act• of t
19721
Be amended, which is
administered by the Office of •M A P
Coastal Management, National „w, ra +'�'.
Oceanic and Atmospheric Admini—
titration. i i ��
• TYRRELL COUNTY
1 NORTH CAROLINA
TOWNSHIPS
1980 POPULATIONS
9

7�1
The existing N.C. Wildlife boating access ramps, along
with the informal sites open to the public, are generally
adequate for Tyrrell's needs. However, some of the access
sites need improvements, such as a concrete or wooden ramp
and/or parking facilities.
The primary unmet water access need in Tyrrell County is
for either an estuarine waterfront park and/or a visual
enhancement area. Either of these facilities, if devel-
oped, could also provide an area for swimming that is open
to the general public.
D. Areas Identified as Appropriate for Future Public Access
Based on the assessment of existing sites and projected
access needs (and input obtained from the Tyrrell County
Planning Board), the following sites which have been
previously discussed have been identified as priority
sites for future development. These are listed below by
types of desired development. (Refer to Map 2, attached,
and Table 1, page 7.)
STABLE
4: Priority Sites for Future Development
BOAT ACCESS Site No. Desired Improvement
7 Improved Ramp, Parking
14 Improved Ramp, Parking
15 Ramp for Large Boats, Parking
SWIMMING Site No. Desired'Improvement
4* Picnic Tables, Parking, Pier,
Ramp, and Bathrooms
'
17** Soundside Sandy Beach, Picnic
Tables, Bathroom, and Parking
*Will require upgrade in water quality from "SC" to "SB"
**Or anywhere else along the Albemarle Sound where access
development is feasible
E. Potential Site Development
As stated previously, the most critical access need in
Tyrrell County is for a public swimming beach --especially
along the Albemarle Sound. However, in order to develop
such a beach, suitable land would have to be located, such
as a sandy area, relatively clear of tree stumps and with
existing access or feasibility of being provided access.
_ 10

I
The site would have to be acquired and certain facilities
provided at the site, such as a bathroom, picnic tables,
and parking space. Figure 1, page 12, shows a "typical"
schematic drawing of such a site, assuming a minimum one -
acre site. Table 5, below, shows a projected development
budget for both a site on the Albemarle Sound and one on
the Alligator River.
TABLE 5: Projected Development Costs - Access
Sites
Albemarle
Alligator
Item
Sound
River
Land Acquisition (one acre)
$ 10,000
$ 6,000
Parking Lot (marl/gravel)
11,875
11,875
Boat Ramp (optional)
10,000
10,000
Landscaping
700
700
Bathhouse
20,000
20,000
Subtotal
$ 52,575
$ 48,575
*Contingencies (20%)
10,515
9,715
Total
$ 63,090
$ 58,290
Source: Talbert, Cox & Associates,
Inc.
*For engineering and potential problems
with well
or septic tank
It should be noted that these cost
figures should
be
considered as "rough" estimates.
1

w m w r r m m m m m m r r w m m m= m
:.
r:
F $OAT
AMP
- , P.rffN NOIYiE
101
Adg Z1
I
I�IITt-� t�ro�ST�tJ.I� /.'�Ce-E55
.

IV. WATER ACCESS POLICIES AND IMPLEMENTATION STRATEGIES
A. Definition of Issue
Tyrrell County has long recognized the desirability and
need for the provision of improved public water access
facilities in the County. Access facilities would not
only serve the needs of the local citizenry, but could
also attract more tourists to Tyrrell County, thus adding
to the local economy. Since existing boating access
facilities, whether formal or informal, are more available
in Tyrrell County, the more critical access need relates
to provision of public swimming facilities or a waterfront
park.
Notice the following excerpt from p. 62 of the 1985
Tyrrell County Land Use Plan, under "Tourism and Beach and
Waterfront Access":
"Section 14 of the Tyrrell County Subdivision ordinance,
"Waterfront Lots" (p. 14), requires provision of water
access to lot owners whose lots do not have waterfrontage.
These "water access" lots can be either dedicated to the
County for maintenance, or deeded to an owners' associa-
tion for common ownership by lot purchasers. If the
County elected to accept the water access lots dedicated,
then the property would likely be accessible to the gener-
al public. However, if the access property were deeded to
the lot owners, it would remain private property, likely
limiting access to the general public." (p. 62, 1985 CAMA
Land Use Plan)
B. Policy Alternatives
1. To ensure pedestrian access in newly developing sub-
divisions along the Albemarle Sound, the County could
take over the dedicated easements developers must
provide for lot owners who lack water frontage. This
would require the County to assume responsibility for
i maintenance and upkeep of these accessways and provide
-free and open access to the general public.
2. The County could seek donations of land, bargain
sales, or grant funds in order to obtain sites suit-
able for development as a water park or swimming area.
3. In the long term, Tyrrell County would like to see an
additional boat access ramp developed along the
Albemarle Sound that is free and open to the public.
(See No. 19 on Map 2.)
I , - 13

C.
D.
4. Generally, the County is'committed to pursuing devel-
opment of at least one waterfront park, or similar
facility, suitable for swimming along the shoreline of
the Albemarle Sound.
Implementation Strategies
1. Tyrrell County will, in FY 87-88, seek grant funding
through the Coastal Resources Commission's Beach and
Estuarine Access Program and/or other identified grant
sources (see Appendix 1, "Potential Funding Sources")
to acquire and develop a public swimming beach along
the Albemarle Sound. This will constitute the
County's priority pursuit, in terms of access
development.
2. In later years, FY 89 and beyond, the County will seek
funding assistance to develop a riverine beach and
visual enhancement area along the Alligator River near
Grapevine Landing. (See Site No. 4 on Map 2 and in
Table 1.)
3. Also, as a long-term project, the County will request
that the N.C. Wildlife Resources Commission develop a
fourth public boating access ramp in the County, to be
located on the Albemarle Sound. (See Site No. 14 on
Map 2.)
4. Tyrrell County will continue to maintain contact with
and seek to work with appropriate agencies in order to
develop adequate public water access sites in the
County.
Potential Funding Sources
A discussion of potential funding sources is included in
this report as Appendix 1. (See Appendix 1.)
1�
``�
L�
1
I
1
1
14

PART II: PORT OF REFUGE/
SAFE HARBOR STUDY
a

I
1
1
PORT OF REFUGE/SAFE HARBOR
I. PROJECT NEED
Tyrrell County is bounded on two sides --its north and the
east --by two significant bodies of water. The expansive,
historic, and aesthetically pleasing Albemarle Sound laps the
entire northern border of the County, while the Alligator
River, which separates Tyrrell from Dare County and its famous
Outer Banks, forms Tyrrell's boundary to the east. Both of
these bodies of water are virtual havens for recreational
boating and commercial fishing, as well. Also, both the
Albemarle Sound and the Alligator River are important corridor
linkages of the extensive and vital Atlantic Intracoastal
Waterway (AIWW) . The Waterway weaves its way in and out of
some inland areas, while still hugging virtually the entire
North Carolina coastline.
Throughout the year, boat traffic runs steadily across the
Albemarle Sound and down the Alligator River (see Map 4); and
in recent years, boat traffic has been increasing. However,
many commercial fishermen and recreational boaters alike are
all too familiar with the potential threat that is often
disguised by the sometimes calm and peaceful waters near
Tyrrell's boundaries --especially the confluence of the
Albemarle Sound and the Alligator River. Where these two
water bodies meet is considered by many to be among the most
treacherous, dangerous waters along the entire Intracoastal
Waterway. This is especially true in the event of severe
storms.
Once a vessel commits itself to either the Albemarle Sound or
the Alligator River, if a storm should occur, there is little
that can be done in the way of seeking safe harbor or port of
refuge. Again, this is true for both recreational boaters and
commercial fishermen.
In fact, according to the N.C. Division of Marine Fisheries, a
substantial amount of fishing occurs near the mouth of the
Alligator River by local Tyrrell County commercial fishermen.
This fishing is typically done in small boats (18 feet or
less). Often, when bad weather is encountered, there are only
a few places, i.e., creeks or branches, where boats can go
seeking safe refuge.
In light of continuing and steadily increasing boat traffic in
these waters and the Intracoastal Waterway, Tyrrell County
would like to see the construction of a "port of safe harbor"
or "safe refuge" along the Albemarle Sound in the general
vicinity of its confluence with the Alligator River.
15

II. PROPOSAL
The County proposes to make provisions for boats (especially
large boats) which travel the Intracoastal Waterway to have a
port of safe refuge or harbor from bad weather coming across
the Sound. Specifically, the County would like to see a jetty -
like "breakwater" reef extend directly north from the shore-
line to a certain distance, then take a 90-degree angle turn
inward (west), in order to create relatively peaceful, calmer
waters. Vessels could anchor there for the duration of the.
storm, and then proceed on their journeys. On the shore,
adjacent to the facility, would be an unpaved parking lot, but
not necessarily any marina facilities. The "conceptual" draw-
ing on page 17 illustrates the concept the County has in mind,
although detailed, specific engineering design would be neces-
sary prior to the development of the project. The next sec-
tion of this report will discuss alternative strategies for
implementing the safe harbor/port of refuge concept in Tyrrell
County.
III. STRATEGIES FOR IMPLEMENTATION
A. Site Selection I
As part of the analysis for Part 1, "Estuarine Access
Study," a number of potential water access sites were
identified and assessed for suitability of further devel-
opment. One site, identified as Site No. 13 on the
attached Map 2 and discussed in Section II, page 5, was
identified as having the best potential for development as
the "safe harbor/port of refuge" for Tyrrell County.
The site is located at the end of S.R. 1225, which is
unpaved and known locally as Pledger's Landing. There is
a small sandy beach area (which has been used by some
1-ocS1 residents for swimming). It is also utilized occa-
sionally by commercial fishermen as an access site.
Although some clean-up would be required, the site has
good aesthetic potential.
B. Materi-als
The old bridge across the Albemarle Sound from Washington
County to Craven County is being replaced by the N.C.
Department of Transportation (N.C. Highway 32-37). The
old bridge, located approximately 30 miles from Tyrrell
County, consists mostly of concrete and its demolition
will result in a substantial amount of materials --
especially concrete pilings. Tyrrell County believes that
if some of the concrete pilings salvaged from the dismant-
ling of the old bridge could be transported to the County,
they would make excellent building material for the
"break -water" jetty at the safe harbor site. This issue I

R L •� E I
M S
of ; o
E
B "� 8
1217 41 ey +�]� 17oe ?J , Pladgerl Landing, i
J Pier �. ,t.
1_ /,;:� 1770
1273
'I��17ta if' 1.7 5-nd Side
1277iii `
' a t'`,\ Goat Neck .Jd -...
e' � V. \ ^ 1771 � \
o i Iuz /, SWAh/p
V \`
_ �l (1w Yr.lOIL
171e / 1209 /
- I779 1 g •` Fat Landing
�1s 'COLUMBIA rd e4 J f 9�op �Lll1/ sir
.i POP.ne _ a '^ - p Pas
130o BIG SAVANNAH r ,
� Agigata
V
(da' 1]07 6�
asi ye Ij
G y rM
lawb 6.J
r e -
tio. 7 5 um
►hasant v.e1. t]�] .g '
e I uo]
I lot
.1 Pew ,
� 1L it
C—k it I
G it
it 11
it
HOLLOW —
GROUND vs .•� `'s'"� I' 1�1'' 1 1
t]o. ti frykp Pan Lading
SIYAMP r
'THE ' (J
t \ FRYING PAN
1310
• /yr„ C'elE j t _ - 1 CdffilA Paint
Pn � � Q�1
no�'•1 ov
1311 V i 4 �! ��'
TYRRELL
------- SAFE HARBOR PROJECT
CONCEPTUAL SKETCH
17 _ i

�l
1
Ll
C.
D.
has been discussed with representatives of the N. C.
Division of Marine Fisheries in both Morehead City and
Elizabeth City. In fact, the suggested use of the old
pilings came from Marine Fisheries representatives.
However, the salvage material is under the control of the
construction contractor, and not the State Department of
Transportation. Therefore, the County will have to enter
into direct negotiations with the contractor responsible
for replacing the bridge. According to NCDOT representa-
tives, the new bridge will likely not be complete until
late 1988.
Another issue which will have to be resolved is the actual
transporting of the bridge salvage material, if it is
possible to obtain it, over to Tyrrell County. Also,
obtaining the necessary state and/or federal permits for
such construction in an estuarine water body is another
potential constraint to be considered.
FUNDING AND DEVELOPMENT RESOURCES
Obviously the purpose to construct a Safe Harbor/Port of
Refuge near the confluence of the Albemarle Sound and the
Alligator River in Tyrrell County, would constitute a
major undertaking. The actual costs, if it were feasible
to be borne solely by Tyrrell County, would be prohibi-
tive. Therefore, additional resources, both financially,
as well as "in -kind," need to be brought into the project.
In addition to some of the resources presented in Appendix
1 of this report (see Appendix 1),.other possible contri-
buting participants either financially or in donating
materials or perhaps doing some of the work are:
° N.C. Division of Marine Fisheries
° U.S. Army Corps of Engineers
° U.S. Dept. of Agriculture, Soil Conservation Service
° U.S. Dept. of Agriculture, Farmers Home
Administration
° Recreational .Boaters' Association, or groups
° —Commercial Fishermen Associations, or groups
For a project of this scope, it will be essential to
develop as broad a base of support as possible.
Policy and Implementation Summary
1. Policy
Tyrrell County recognizes the need to develop a Safe
Harbor/Port of Refuge near the often threatening con-
junction of the two major water bodies, the Albemarle
I
18

a
Sound and the Alligator River. The County is, there-
fore, committed to the concept and will pursue the
development and subsequent realization of this impor-
tant project.
2. Implementation
a. In the short-term (FY 87-88), the County will
present the concept, as contained in this report, ,
to as many potential support groups and agencies
as feasible. This will include those listed under
the preceding Subsection C.
b. In FY 87-88, Tyrrell County will initiate contact
with the contractor responsible for replacing the
N.C. 32-37 bridge, and subsequently in control of
the demolition/salvage material. The County will
attempt to establish a dialogue with the contrac-
tor leading to negotiation on the actual use of
some of the materials from the bridge for the Safe
Harbor project.
C. In the long-term (FY 88 and beyond), the County
will consider committing some of its own budgetary
resources to help develop the project.

t APPENDIX 1 (from:A Beach Access Handbook, Division of Coastal
Management , March 1985)
SECTION 2. ACCESS FUNDING SOURCES
The purchase of land and materials for the construction of access
sites can be funded not only by existing federal and state grant programs
but also by drawing on other sources. Federal and state grant programs
are extremely competitive. By drawing on an array of funding sources, the
local government's chance of actually receiving a grant to construct a new
accessway is improved. Public accessways can be constructed as a
community -wide endeavor by developing local funding sources and utilizing
volunteer labor as well as private contributions and donations. This
section reviews available funding sources and programs and cites contacts
for further information.
FEDERAL FUNDING
The Land and Water Conservation Fund administered for the U. S.
Department of Interior through the N. C. Department of Natural Resources
and Community Development, Division of Parks and Recreation, makes funds
available on a 50 percent matching basis to local governments for outdoor
recreation planning, acquisition and development activities. Each year
grant criteria and the amount of available funds varies. The funds can be
used for the acquisition of land and the construction of public recreation
facilities including public access facilities. Past projects include
regional and neighborhood access facilities at Nags Head, a regional
access project at Fort Fisher and the Wilmington waterfront development.
Contact:
Jack Frauson, Recreation Consultant
Division of Parks and Recreation
N.C._ Department of Natural Resources and Community Development
7225 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone]
Steve Moler, Recreation Consultant
Division of Parks and Recreation
N.C. Department of Natural Resources and Community Development
1502 N. Market Street
P.O. Box 1507
Washington, NC 27889
Phone: [phone]
i
2-1

STATE FUNDING
The Coastal and Estuarine Water Beach Access Program administered by
the Division
of Coastal Management makes funds available to local
governments to acquire land and make public access improvements. The
amount of grant funds available varies from
year to year. The division
has an annual project application and
grant contract cycle. Past projects
include numerous neighborhood and regional access
sites at Kitty Hawk,
Kill Devil Hills, Nags Head, West Onslow Beach, Surf City, Wrightsville
Beach,
Fort Fisher and Long Beach.
Contact:
Julie Shambaugh, Shorefront Access Coordinator
Division of Coastal Management
N.C. Department of Natural Resources
and Community Development
P.
0. Box 27687
Raleigh, NC 27611
Phone: [phone]
The Civil Works Program administered b the
Office of Water makes funds
Rforuthes
availablecal governments na matching basis
following types of
water resources development projects: e neral
navigation improvement;
recreational navigation improvement; water
management (flood control and drainage); stream
restoration (clearing and
snagging and limited channel excavation); beach protection; and land
acquisition and facility development
for water -based recreation sites.
Contact:
John Sutherland
Office of Water Resources
N.C. Department of Natural Resources and Community Development
P. 0. Box 27687
Raleigh, NC 27611
Phone: [phone]
The Wildlife Resources Commission has constructed 145 public boat
launch area
oughout North Carolina. The commission makes its
technical services available to local
r
jL
governments that have secured a site
and funding for boat ramp construction. The commission may construct a
ramp on public -property
or on private property with at least a 20-year
lease to the
commission.
Contact:
Dick Hamilton
Wildlife Resources Commission
N.C. Department of Natural Resources and Community Development
P. 0. Box 27687
r
Raleigh, NC 27611
('
Phone: [phone]
2-2
r �

if
ifSURPLUS
STATE PROPERTY
OF
Real property no longer needed by state agencies is disposed of
either by the State Property Office or by the N. C. Department of
Transportation. The normal procedures for disposal of surplus state
property by the State Property Office (SPO) are set out in G. S. 146-27
through 146-30. In general, these procedures entail a declaration of the
property as surplus by the state agency managing the parcel; an appraisal
of the
property by an appraiser hired by SPO; advertisement for public
bids; and
selection of the highest bid, approval by the Council of State,
*and title transfer with the aid of the Attorney General's office. While
there is no specific statutory program comparable to the federal program
for conveying properties at a discount to other
governmental units for
specific purposes, G. S. 160A-274 generally authorizes the state to lease
or sell real property "with or without consideration" to any other
governmental units in the state. In the past, surplus properties which
other
state agencies and local governments have shown interest in have
been
conveyed to them by the State Property Office at discounts up to 100
percent.
:The N. C. Department of Transportation is responsible for its own
property transactions. The disposition of surplus property depends upon
the
nature of the title: most highway rights -of -way are only easements,
and when these
parcels are abandoned, the Department of Transportation
simply quitclaims all interests it held in the property. Rights -of -way
owned in fee simple that are to be abandoned are usually put up for public
sale. If
other state agencies or local governments are interested in the
property, it is possible for them to receive title from the Department of
Transportation
at discounts up to 100 percent.
Contact:
N. C. Department of Administration
State Property Office
. 116 W. Jones Street
Raleigh, NC 27611
Phone: [phone]
N. C._ Department of Transportation
Division of Highways
_.
Right -of -Way Branch
P. 0. Box 25201
Raleigh, NC 27611
Phone: [phone]
LOCAL FUNDING
Towns andcounties
noes have a wide variety of funding options to choose
from. Some of these options are described on the following page.
2-3

I I I
• General Appropriation
On an annual basis a town or county can appropriate a portion of.its
recreation or public works budget to general beach access development or
for the acquisition and construction of specific access projects.
Parking
• Meters
The revenues collected from parking meters during the peak tourist
season (or throughout the year) are an appropriate source of funds for
continued facility development and maintenance. Proceeds from off-street
parking facilities may be used for any public purpose, but those from on -
street parking must be used for enforcement and administration of traffic
and parking ordinances and regulations (G.S. 160A .301(a)).
• Water Fees
A percentage of the revenues collected from water usage
(particularly summer
water usage as a result of peak seasonal use) could
be allocated to the development of access projects.
• Accomodations Tax
A percentage of the revenues collected from an accomodations tax
could be directed toward the development of increased public access
`
opportunities. In the coastal area, only New Hanover County, Ocean Isle
Beach, Topsail Beach and Surf City have authorization to levee an
accommodations tax. In New Hanover County, 80 percent of the revenue must
be spent on erosion control and 20 percent on promotion, travel and
tourism. Ocean Isle Beach, Topsail Beach, and Surf City have broader
,
authority to spend revenues.
Local citizens and civic groups can also be valuable resources. They
may donate materials or funds, volunteer labor, or act as coastal
watchdogs to ensure that beach access facilities are properly used. By
including such groups in town or county access projects, community
involvement, participation and commitment can be strengthened. Retirees,
local scout troups, Kiwanis clubs, school clubs, university groups,
garden clubs, -clean county groups, local civic and local or national
environmental organizations are among the numerous groups which would be
interested'in such coastal activities. Several local groups include The
Neuse River Foundation, Carteret County Crossroads, Onslow County
Conservation Group, North Carolina Coastal Federation and the Pamlico -Tar
River Foundation.
Local corporations can also be valued supporters of public access.
Timber companies, for instance, have had a noted history of land and
material donations. Such donations, along with the contribution of funds
for access development, strengthens the corporation's support of the
community and its citizens.
( 2-4

NONPROFIT ORGANIZATIONS
The Trust for Public Land (TPL) conserves land as a living resource
for present and future generations and works closely with governmental and
nonprofit agencies to acquire and preserve open space to serve human
needs, share knowledge of nonprofit land acquisition processes, and
pioneer methods of land conservation and environmentally sound land use.
Because donations of land to the TPL are tax deductible, individuals
or corporations maybe able to take advantage of substantial tax benefits.
Once the TPL acquires land through purchase or donation, the land is
conveyed to a government agency for public open space preservation.
Contact:
Kathy Blaha
Trust for Public Land
219 East Fifth Avenue
Tallahassee, Fla. 32303
Phone: [phone]
The Nature Conservancy is dedicated to identifying, protecting and
managing important natural areas throughout the state. The Conservancy
identifies land that supports the most significant examples of all
components of the natural world. It protects habitat and natural systems,
assists or advises government or conservation organizations, and
-
increases public awareness of the need to safeguard natural diversity. It
also manages numerous Conservancy -owned preserves in North Carolina.
Land donations
to the Conservancy are tax-deductible and therefore
�-
individuals or corporations may be able to take advantage of substantial
tax benefits. Once the Conservancy acquires land through purchase or
donation, the land is often conveyed to a public agency.
Contact:
Frederick W. Armand, Field Representative
North Carolina Nature Conservancy
209 N:'Columbia7Street
_P4. Box 805
'-
Chapel Hill, NC 27514
Phone: [phone]
VOLUNTEER.LABOR SOURCES
The Community Service Work Program is administered by the Division of
Victim and Justice Services under the Department of Crime Control and
Public Safety. Community service is work performed without compensation
by an offender for a governmental or nonprofit organization. Individuals
convicted of offenses commonly contribute 20 to 200 hours of community
service work. Services performed can include office work, construction,
clean-up or project design depending on the offender's background and
training. Contacts are listed in Appendix C.
t
2-5

SECTION 3. L,-.VD ACQUISITION STRATEGIES
Continued acquisition of land is necessary if adequate public access
to the shoreline is to be maintained. There are generally two approaches
to acquiring access: di_act acquisition techniques and land use controls
which incorporate public access requirements. The strategies presented
here can be used by loca governments to assist in acquiring waterfront
property.
DIRECT ACQUISITION
• Purchase
'
The purchase of pro:derty at its fair market value is the simplest,
most direct means of acquiring land. A disadvantage of direct purchase is
that governmental agencies have limited financial resources. A further
disadvantage of direct purchase is that the seller's net profit from the
sale would be affected if the seller of the property is liable for income
tax on the capital gain :f the appreciated value of the property. Other
purchase options, including bargain sale or installment sale, may benefit
the buyer and seller by stretching a land -acquiring agency's funds and
reducing immediate tax consequences.
In a bargain sale, tLe landowner sells the property to a governmental
agency at less than fair market value. By doing so, the seller will be
able to receive some inccme from the sale of the land and will be eligible
to claim an income tax deduction for a charitable contribution on the
difference between the bargain price received and the fair market value of
the land. Thus, the amount of the capital gain would be less and so would
the accompanying tax on that gain.
In an installment sale, an agreement is made between the landowner
and the purchaser whereby the purchaser agrees to pay for the land in
annual installments or agrees to acquire a portion of the total property
each year with an option to acquire the remaining tracts in future years.
By spreading the income gained from the sale of the property over a number
�j
of years the seller may be able to spread taxable gains and any associated
x
taxes over an equal number of years.
An easement, or right to use private property in a specific,
designated manner, may also be purchased. The purchase of an easement
entitles the purchaser to use the property for a specific purpose, such as
conservation, passing over the land, or installing a water or sewer line.
The ownership of the land remains with the property holder, but the use of
3-1

a designated portion of the land for a specific purpose is transferred to
the acquiring agency.
Easements are typically purchased when it is not possible to buy the
land. Although there is no requirement compelling a landowner to sell an
easement, landowners may be interested in the
resulting tax benefits.
Where easements are sold, a decrease in property tax value would result.
• Donation
The donation of property or an easement involves a landowner deeding
the property to a government agency that has agreed to accept it. In a
donation, the donor receives no cash for the property although numerous
tax benefits are realized. These benefits include real estate, estate,
and income tax reductions as well as no capital gains tax that would
otherwise result from the sale of the If
property. the recipient of the
land donation is a governmental agency, the donor can claim an income tax
deduction based on the market value of the land as determined by a
qualified appraiser. In the instance of an easement, the donor may take
the difference in the value of the land after the easement as a charitable'
deduction. (See Appendix D, Tax Credits for Donated Properties.)
• Prescription
An easement can be established through prescription, the process by
which an individual or group obtains the right to use another's property
in a specific manner. In this instance, the courts recognize that a
prescriptive easement has been established if the following tests are met:
1) the use has been open;
2) the use is adverse or under a claim'of right;
3) the use has been continuous and uninterrupted for 20 years;
4) there has been actual use of the property by the general public;
and
5)- the same path has been used for 20 years.
Currently, North Carolina
does not have any case law directly
addressing the establishment of a prescriptive easement in a beach access
context. It is difficult to establish a prescriptive easement because of
the requirement that the use of the property must be adverse. In this
case, "adverse" means that the user of the property did not have the
owner's permission and, instead, used the pathway in the belief that he
had a right to use it. Permissive use, no matter for how long, can never
i
be the basis for a prescriptive easement. A local government may want to .
consider legal action to establish a public easement where it believes a
prescriptive easement for beach access exists across private property.
• Dedication
A dedication begins with an offer to dedicate the use of land. The
t. offer is made by the landowner to the public and must be followed by the
{ local government's acceptance of that offer on behalf of the public. A
i
3-2

IJ
dedication made orally or in writing is called an express dedication. A
"certificate of dedication" indicates an individual's express intention
to dedicate an area to the public.
An implied dedication is based on the property owner's intention to
dedicate as indicated by conduct. For instance, the owner's intention to
dedicate may be indicated by recognizing the rights of the public in a
deed or by the owner's actions with respect to permitting the public to
use the land. A 1970 Supreme Court case confirmed the public's right to
use two privately owned beaches in California. The court said that when
the public has used a beach for a long time without paying attention to
the fact that the beach is privately owned, the public acquires a legal
right to use that beach. The owner's intent to give the land to the public
may be implied from his conduct of not preventing public use of the beach.
And the public's acceptance of the dedication may be implied from public
use of the beach. Nothing need be written by either side -- the dedication
and acceptance is implied by conduct. With respect to beach access, a
public access sign at an accessway is one indication by a local government
of an express or implied dedication.
Cities and counties may accept dedication offers for the maintenance
of roads and pedestrian easements running to and along the beach. Before
accepting a dedication offer, it is recommended that a title search or
"chain of ownership" survey be conducted to ensure that the offer to
dedicate has at no time in the past been withdrawn.
Cities
and counties may own maintain and manse land for
� 8
recreational purposes including public access parking. Although it is
possible for cities to own public streets and roads, counties cannot. It
is possible, however, for counties to accept. the dedication of certain
roads so long as they were dedicated to the public prior to 1975.
Although a county may accept such a dedication, a county is not authorized
to maintain or improve such roads.
-In many local jurisdictions there may be a number of accessways and
roads that have been dedicated by the developer but not yet accepted by
the county or municipality. These accessways represent opportunities to
local governments that should not be neglected. The actions necessary to
show acceptance should be given high priority in light of the provision of
the state --law allowing developers to withdraw unaccepted, unimproved
dedications after a period of 15 years (G.S. 136-96).
LAND USE CONTROLS
Local governments are able to use the police powers granted to them
by the state to protect the public's ownership of and right to use the
shoreline to the mean high water mark. As the beach erodes and the mean
high water mark moves landward, the boundary between public and private
property moves landward. Land use regulations or local ordinances can be
used to protect the public's ownership and right to use the shoreline.
When erosion or storms destroy structures, local ordinances can require
3-3

f
f
the property owner to remove, within a given time period, all debris which
may endanger public health, safety and welfare. This is particularly
important where remnant bulkheads, building foundations, pilings and
septic systems would be located below the mean high water mark or on the
public beach.
Local governments can also use land use controls to compel developers
to provide public beach accessways. Through zoning ordinances and
O
subdivision regulations, developers can be required to dedicate, pay a fee
or reserve access areas, as outlined below. (See Appendix E, Model Land
Development Regulation.)
• Dedication
State enabling legislation for county subdivision regulations (G.S
153A-331) provides that such ordinances may require "the dedication or
reservation of recreation areas serving residents of the immediate
neighborhood within the subdivision and of rights -of -way or easements for
street and utility purposes." The comparable legislation for cities (G.S.
160A-372) is virtually identical. Likewise, the zoning enabling
legislation for counties (G.S. 153A-340) and cities (G.S. 160A-381)
authorizes local regulations to provide for special use or conditional use
permits. The conditions for approval of these include
permits may the
dedication of utility rights -of -way and of recreational space.
A local unit of government may require the compulsory dedication of
land for public recreational use consistent with local subdivision
regulations and/or as a condition of a special or conditional use permit.
In requiring a developer to dedicate recreational land, the local
government should ensure that the location of the access area will
adequately provide for the recreational needs of the residents in the
development as well as the residents of the immediate neighborhood within
the subdivision who might otherwise be precluded from general use of the
area.
I
Definitive standards for the size of such areas and the types of
facilities to be installed should be specified in local subdivision
ordinances. The regulations should specify why, when, where and how much
land will be required as well as criteria pertaining to the type of land
that may b_g offered for dedication. A formula for determining the amount
of land —a developer must offer should be made explicit. The amount of
land to be dedicated should not be based on an arbitrary case -by -case
basis. Instead the amount of land to be required for dedication should be
related to recognized open space standards and should reflect the density
and type of development proposed.
As a condition to a special or conditional use permit, access should
be provided for when the permit is issued by the local governing board. At
that time, a plat should be prepared and incorporated by reference into
the terms and conditions of the permit. The plat should bear a
certificate of dedication and both the permit and plat should specify when
improvements by the developer will be completed.
3-4
1
L,
i
1
1
I
1

State enabling legislation (G.S. 136-102.6) requires that
subdivision plats filed since 1975 designate all streets as being public
or private. Streets designated as public are presumed to be offers of
dedication.
Subdivision ordinances can also require that interior subdivision
streets be dedicated to the public. The subdivision enabling statutes for
both cities and counties allow local ordinances to provide for "the
coordination of streets and highways within a proposed subdivision with
the existing or planned streets and highways and with other public
'facilities. To make use of this authority, the subdivision ordinance
should clearly indicate that streets and roads running generally
perpendicular to the beach be platted to extend to the mean high tide
line.
• Fee
County subdivision regulations provide the developer with the option
of paying a fee to the county in lieu of dedicating recreational land
(G.S. 153A-331). The developer may be required to pay an amount of money
equal to the value of the space required to be dedicated. This money
should be placed into a fund specifically designated for the acquisition
of access areas. The "fee in lieu" option is not available to
municipalities.
• Reservation
`
An emerging land use tool allows both county and municipal
subdivision regulations to require developers to reserve land for
recreational purposes and for street and utility rights -of -way or
easements (G.S. 153A-331 and G.S. 160A-372).' One advantage of such
reservations is that they do not impose dedication requirements in
instances that may amount to a taking without just compensation, they
yet
give the local government time to acquire funds to purchase the property.
As this is a relatively new tool, its advantages and disadvantages have
not been evaluated.
Case law regarding the use of developer exactions to
P provide beach
access is poorly developed, particularly in North Carolina, and the
ability of: local governments to use these techniques is not firmly
established. There are a number of questions regarding the implementation
of these measures for access purposes. As there are few court decisions,
these standards should be carefully studied before such measures are
attempted. A thorough reading and understanding of Dedicating and
Reserving Land to Provide Access to North Carolina Beaches (September
1982), by Richard Ducker of the UNC Institute of Government, is highly
recommended in addition to contacting and consulting one's local
government attorney.
A
3-5

R 1 f
'
twu BAY
MUMMA
l yy/ r��� =j •� •V BIG SAVANNAH
1.y
1 �r 'li. •� SCUPPERNONG w` •�-i ;.'� \ — .
G HOLLOW GROUND n• • r•
/v SWAMP '•'r`]^v rw, ro !
THE
FRYING PAN
w
un
(CNAPEV/NE 1 a \
�eAr c
��•_ ' .J '� •M SWAMP
/ u
i
St ,
ttS.�i
LEGE11�b
10 f"�`• MAP, 2
.l �.�./`�o N
F *-N.C. WILDLIFE RAMPS,]- EXISTING WATER
- PUBLIC/ INFORMAL _ACCESS SITES
A -PRIVATE TYRR ELL COUNTY, N.C.
0 -PROPOSED