A Beach Access Handbook for Local Governments 1958

A Beech Accem
HAND1500K
For local government
• Division of Coastal Management • North Carolina Department of Natural Resources and Community Development 9

A Beach Access Handbook for Local
Governments is published by the
North Carolina Department of Natural
Resources and Community Development,
512 N. Salisbury Street, Raleigh
North Carolina 27611.
Written by Julie Shambaugh,
Division of Coastal Management.
Design and Illustrations by
Jill Miller,
Division of Coastal Management.
For copies of this handbook contact:
Division of Coastal Management
NCDNRCD
P.O. Box 27687
Raleigh, N.C. 27611
Phone: [phone]

A BEACH ACCESS HANDBOOK
FOR LOCAL GOVERNMENTS
March, 1985
Division of Coastal Management
North Carolina
Department of Natural Resources and Community Development
I.

TABLE OF CONTENTS
INTRODUCTION
SECTION 1. PLANNING FOR ACCESS ............................... 1-1
Inventory and Analysis ................................... 1-1
Policies and Implementation Strategies ................... 1-2
SECTION 2. ACCESS FUNDING SOURCES ............................ 2-1
FederalFunding ..........................................
2-1
State Funding ............................................
2-2
State Surplus Property ...................................
2-3
Local Funding ............................................
2-3
Nonprofit Organizations ..................................
2-5
Volunteer Labor Sources ............ :....................
2-5
SECTION 3. LAND ACQUISITION STRATEGIES .......................
3-1
Direct Acquisition ........................................
3-1
Land Use Controls ........................................
3-3
SECTION 4. ACCESSWAY DESIGN ..................................
4-1
Standard Access Plans ....................................
4-1
Design Guidelines ........................................
4-4
Design Details ...........................................
4-9
APPENDIX A. COASTAL AND ESTUARINE WATER BEACH ACCESS
PROGRAM.AND CAMA PROGRAM POLICIES ..............
A-1
APPENDIX B. CARA LAND USE PLAN REQUIREMENTS ................
B-1
APPENDIX C. COMMUNITY SERVICE WORK PROGRAM CONTACTS........
C-1
APPENDIX D. TAX CREDITS FOR DONATED PROPERTIES .............
D-1
APPENDIX E. MODEL LAND DEVELOPMENT REGULATION ..............
E-1
LIST OF REFERENCES

INTRODUCTION
North Carolina's vast coastal area has long provided residents and
visitors with seemingly unlimited opportunities for commerce, recreation
and navigation. The coast's barrier island beaches stretch for more than
300 miles and its estuarine shorelines cover over 4,000 miles along tidal
creeks, rivers and sounds. These areas are among the state's greatest
natural and recreational treasures and are held in trust by the state for
all people to use.
In the past, coastal residents and visitors had little problem
getting to the beaches. More recently, however, it has become
increasingly difficult to get to the beach as the pace of development has
accelerated and more people have come to live and vacation in the coastal
area.
Responding to this problem, the General Assembly established a
program in 1981 to provide public access to the barrier island beaches.
In 1983, the legislature expanded the program to provide access to
estuarine shorelines. By creating the Coastal and Estuarine Water Beach
Access Program, the General Assembly ensured that all people would
continue to be able to get to these valuable recreational resources. (See
Appendix A, Coastal and Estuarine Water Beach Access Program and CAMA
Program Policies.)
The beach access program is funded by the General Assembly and is
administered by the Department of Natural Resources and Community
Development through the Division of Coastal Management. Policies and
guidelines for the program are adopted by the Coastal Resources Commission
and the division is responsible for implementing them. The purpose of the
program is to ,assist local goverments in planning, acquiring, designing
and constructing public access projects. Strong state and local
government partnerships developed through this program have resulted in
the inception of a comprehensive system of public access areas throughout
the coastal area.
This handbook is designed to assist local governments in the
development of public access projects, As this is an initial effort to
share information with all local governments in the coastal area, the
Division of Coastal Management intends to periodically revise the
handbook and add material as the program expands.
Information presented in the handbook has been gained through local
government participation in the beach access program over the past four
H

years. To reinforce the state and local partnerships established by the
i program, the staff encourages everyone involved with the program to submit
information to the Division of Coastal Management. Through this ongoing
exchange of ideas, more effective public access projects can be developed
to meet the needs of all coastal communities.
CONTENTS OF THE HANDBOOK
This handbook has four sections. The first section, Planning for
Access, outlines the .planning and policy setting process which should
occur at the local level. This is an essential step in establishing
project funding priorities and identifying and addressing municipal or
county access needs. When Coastal and Estuarine Water Beach Access grant
funds are available, the Division of Coastal Management gives highest
priority to projects which are identified in a locally adopted access
plan.
The second section, Project Funding Sources, discusses currently
available federal and state funding sources. In addition, more innovative
sources are noted. By utilizing diverse funding sources, each of the
individual sources may be able to contribute to an increased number of
projects.
The third section, Land Acquisition Strategies, reviews diverse
techniques which can be used to legally acquire land for public access.
These techniques include outright purchase, land donations, subdivision
regulations and zoning ordinances. The final section, Accessway Design,
reviews recommended access standards. Good access design and
construction makes a site attractive, creates a community asset, enables
use by the handicapped and elderly and enhances the enjoyment of the
beach, sound or river by the public.
ii

SECTION 1. PLANNING FOR ACCESS
As a free-standing plan or as a component of the Coastal Area
Management Act (CANA) land use plan, planning for public access needs is
an essential first step for successful access projects. Specific goals,
policies and implementation actions can be established by analyzing
factors affecting present access opportunities and considering future
demands and funding opportunities. Priority will be given to those access
projects identified in a locally approved and adopted access plan when
applying for grant funds through the Division of Coastal Management.
INVENTORY AND ANALYSIS
The first step in developing an access plan is to prepare an
inventory of existing access areas and evaluate current use patterns. The
following information, and any additional appropriate information, should
be collected and mapped to determine the adequacy of present access
facilities.
• Access Inventory
1) Map all legally existing local, neighborhood and regional
public ocean and estuarine water access areas.
2) Map all traditional access areas.
3) Map all existing private or commercial access facilities.
4) Map all ocean or estuarine areas currently identified or
considered appropriate for future potential local, neighborhood
and regional public access sites.
It is appropriate to verify each area's legal status when mapping the
access sites. This ensures that there is no illegal private encroachment
and that each area is publicly owned or dedicated and legally open to
public use. Finally, it is important that each area is identified by
public access signs.
• User Analysis
In order to establish answers to the following questions a survey of
access users may be appropriate. Such a survey may include interviews or
mailed questionnaires.
1) How many residents and visitors, by month or season, are
currently using the access sites? Are current access
facilities adequate to handle the demand? Are some areas under
or over used? Is more access or parking space needed? What
other types of problems exist?
1-1

2) What types of public access facilities are presently provided
on ocean and/or estuarine water shorelines? Are there types of
access areas or facilities currently unavailable that are
needed (estuarine, ocean, regional, neighborhood; piers,
swimming, boating, board walks)?
3) Given projected residential and seasonal populations, how will
the local government provide for their future access needs?
POLICIES AND IMPLEMENTATION STRATEGIES
Policies and implementation strategies can be devised as the second
step in developing an access plan based on the information collected in
Access Inventory and User Analysis. This process is outlined below and
can serve as the basis for a local funding guide.
1) The following table lists the minimum use standards for access
and enhancement areas. Given these standards, how many access
areas are needed to provide for existing and future demand?
Boat access areas ...........one-half acre per 1,000 population
Ocean waterfront parks ........... two acres per 1,000 population
Estuarine waterfront parks........ one acre per 1,000 population
Visual enhancement areas..... one-half acre per 1,000 population
(Recreation and Park Consultants, Inc., 1979)
2) What local policy actions and financial commitments will be
made on a continuing basis to ensure that these standards will
be implemented?
3) What locations are proposed for access development in the
current year and for each of the following four years? What
types of improvements are proposed and at what estimated cost?
These steps serve as a framework for developing a local access plan.
This information can also serve as a basis for public access policy in the
CAMA land use plan. By developing a local access plan, the items required
for the land use plan will also be explored. The following table
illustrates how this information can be used to satisfy the land use
planning guidelines. (See Appendix B, CAMA Land Use Plan Requirements.)
CAMA
Land Use Plan
Public Access Plan
1)
Definition of Issues
1)
User Analysis
2)
Discussion of Policy
2)
Policies and Implementation
Alternatives
Strategies
3)
Choice of Policies
3)
Policies and Implementation
Strategies
4)
Description of Proposed
4)
Policies and Implementation
Implementation Methods
Strategies
1-2

Examples of strong and weak statements addressing the required land
use plan items are outlined below.
• Definition of Issues
Strong: 1) More attractive public access opportunities in the
county will increase potential tourist revenue.
2) The need for relatively free and open access to the
ocean and estuarine waters for swimming, fishing, and
boating is an important consideration for a coastal
county.
Weak: 1) Public access is an issue, so policies will be
developed.
• Discussion and Selection of Possible Policy Alternatives
Strong: 1) The town will adopt land use ordinances and
subdivision regulations requiring developer
dedication and construction of a dune crossover or
pier and a minimum of 10 public parking spaces every
1,000 feet.
2) The town will require new development to pay its fair
share of the cost of providing adequate public
access. Therefore, it will be designated for public
access development.
3) The town supports free and open public access and
will commit local funds to develop access areas.
Weak: 1) The town will consider pursuing grants and other
funding sources.
• Description of Proposed Implementation Methods
Strong: 1) Every year for the next 10 years, the county will
develop five neighborhood access sites; the county is
committed to providing up to the required local match
for any state or federal grant received. If no state
or federal funds are available, the county will
develop scaled-down.projects funded by its cumulative
local match.
2) The county will actively support the efforts by the
Division of Coastal Management to secure additional
regional ocean and estuarine water access areas by
allocating staff time to locate suitable properties
and design appropriate improvements, and by
committing 25 percent or more in matching funds for
any State grant received.
1-3

Weak:
3)
1)
The town will earmark 10 percent of its annual
recreation budget for public access projects.
The county will
appropriate site
access project.
1-4
continue its search to locate an
for a state -sponsored regional

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 grantprograms
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]
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.
I ' 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 by the Office of Water Resources
makes funds available to local governments on a matching basis for the
following types of water resources development projects: general
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 areas throughout North Carolina. The commission makes its
technical services available to local 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
Raleigh, NC 27611
Phone: [phone]
2-2

SURPLUS STATE PROPERTY
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.
I '-- 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 and counties have a wide variety of funding options to choose
from. Some of these options are described on the following page.
2-3

• 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 may be 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. Annand, Field Representative
North Carolina Nature Conservancy
209 N. Columbia Street
P.O. 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.
2-5

SECTION 3. LAND 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: direct acquisition techniques and land use controls
which incorporate public access requirements. The strategies presented
-- here can be used by local governments to assist in acquiring waterfront
property.
DIRECT ACQUISITION
• Purchase
The purchase of property 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 of -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, the 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 income 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
of years the seller may be able to spread taxable gains and any associated
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 property. If 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
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
- 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
3-2

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 manage land for
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

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
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 permits may include 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.
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 be 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

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, yet they
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 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.
3-5

SECTION 4. ACCESSWAY DESIGN
The physical design of an access project and the selection of
construction materials can greatly affect the contribution an access area
makes to a community. A well -designed access area is easy to use,
attractive and will not become a community nuisance. This section
suggests standard access plans for local, neighborhood and regional
-- access sites. It also recommends detailed design considerations.
STANDARD ACCESS PLANS
• Local Access Area
A local access area provides minimal facilities and is designed for
the use of pedestrians within a few hundred yards of the project site.
This type of access project requires a strip of land from three to 10 feet
in width located perpendicular to the beach or shore and extending to a
public street or road.
_ Depending on specific local site conditions, a public access sign, a
litter receptacle and a sand or grassed path may be all that is needed to
open a local access to the public. Other improvements may include fences
to mark public and private property boundaries; a dune crossover or
boardwalk; a bike rack and sand fencing where appropriate.
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Typical local access areas.
4-1

• Neighborhood Access Area
A neighborhood access area provides public parking and pedestrian
access to the beach or shoreline. In addition to providing a pedestrian
path from a public road to the mean high water mark, a larger area for
parking must also be provided. Several design alternatives for this type
of access area are presented below.
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4-2
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The measurements for parking areas are minimum recommended sizes. It
is desirable to create access areas large enough to retain and preserve
existing natural features in addition to providing public parking. By
acquiring larger areas, access can be provided within the context of an
undisturbed setting, enhancing the visitor's coastal experience.
Furthermore, the measurements for parking areas assume the site to be
nearly flat and do not take into consideration the location of sand dunes,
significant stands of vegetation or other features unique to the site.
Parking areas and natural features should be integrated as illustrated
below.
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Integrate access areas with natural features.
In addition to parking, neighborhood accessways typically provide
dune crossovers accessible to the handicapped, piers, or gazebos; public
access signs and litter receptacles; and sand fencing or other fence
material to mark public and private' property boundaries. Other features
which enhance a site include foot showers and showers; bike racks and
picnic tables; lighting and landscaping.
• Regional Access Area
A regional access area provides facilities to serve residents of an
island or community as well as day visitors. These sites are required to
be accessible to the handicapped and provide restrooms, dune crossovers,
piers or boat ramps, litter receptacles, public access signs and parking
for as many as 60 cars or more. These facilities may also provide foot
showers and showers; bike racks and picnic tables; gazebos and seating
areas; fencing, lighting and landscaping.
Regional accessways are similar to neighborhood accessways. Sample
site designs are illustrated on the following page.
4-3

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If located within a designated flood hazard area, restroom
construction must comply with Federal Emergency Management Administration
regulations. These structures must also be constructed to meet State
Building Code standards for accessibility by the handicapped.
Additional considerations are water supply and sewage treatment.
Will the water be supplied by a municipal system or a well? Will it be
potable? Will sewage be publicly treated or handled by an on -site septic
system? Can the necessary permits be acquired? Other details to consider
include security, locking or closing the facility after hours and during
the off-season, maintenance, and winterizing the plumbing.
DESIGN GUIDELINES
Public access projects are community assets and amenities,
attracting tourists as well as residents. Access projects add to the
character and identity of coastal communities. Well -constructed projects
minimize maintenance and improvement costs and provide long-term use.
Public access projects are generally located in Areas of
Environmental Concern (AECs), which are designated by the Coastal Area
Management Act (CAMA) for protection. These areas, illustrated on pages
4-5 and 4-6, require special development considerations. Any development
proposed within these areas must receive a CAMA permit before construction
can begin.
When considering the development of an access project, it may be
helpful to contact the nearest Division of Coastal Management Field
Consultant. The addresses and phone numbers of the field offices, located
in Elizabeth City, Washington, Morehead City and Wilmington, are listed on
the inside of the back cover.
4-4

PERMITTED DEVELOPMENT ACTIVITIES WITHIN ESTUARINE AREAS OF ENVIONMENTAL CONCERN (AEC)
--
ESTUARINE SHORELINE
1. permeable parking
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2. docks, boat ramps
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3. residential and commercial
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PUBLIC TRUST WATERS/ESTUARINE WATERS
1.
6)
simple access channels
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2. structures to prevent erosion
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4. docks, marinas, piers, wharfs, moorings, pilings, - G
COASTAL WETLANDS
and other water dependent activities
G • 2
1. utility easements
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2. fishing piers and docks no more than 6 feet wide
Y • Jo
3. water dependent activities
10•
ESTUARINE SHORELINE AEC.
Non -ocean shorelines are intimately connected to the estuary; they cover an area
from the mean high or normal water level landward for a distance of 75 feet.
COASTAL WETLAND AEC:
Any salt or other marsh subject to regular or occasional flooding by tides, including
wind tides but not including hurricane or tropical storm tides.
ESTUARINE WATER AEC:
The water of the Atlantic Ocean within the boundary of North Carolina and all
waters of bays, sounds, rivers and tributaries thereto seaward of the dividing line
between coastal and inland fishing waters as set forth in "Boundary Lines, North
Carolina Commercial Fishing — Inland Fishing Waters."
PUBLIC TRUST AREA AEC:
All waters of the Atlantic Ocean and the land thereunder from the mean high water
mark to the seaward limit of state jurisdiction; all natural bodies of water subject to
measurable lunar tides, all navigable natural bodies of water and the lands thereunder
to the mean high water level, and generally all artificially created bodies of water.
NOTE: All development must meet standards for developmental activities in Estuarine
Areas of Environmental Concern listed in Subchapter 7H .0200, .0300 of the
North Carolina General Statutes as well as all other applicable federal, state
and local permits, certifications, etc.

* PRIMARY DUNE
ELEVATION GREATER
THAN OR EQUAL TO
100 YEAR STORM
SURGE +6'
60 YEAR EROSION AREA
PERM ITABLE DEVELOPMENT ACTIVITIES WITHIN OCEAN HAZARD AECS
OCEAN HAZARD AEC
BOX AVERAGE ANNUAL EROSION RATE
R 3OX + 105'WHICHEVER IS LESS 020' MINIMUM)
YEAR EROSION AREA
LONG TERM EROSION
HAZARDIDUNE
PROTECTION. AR PA
CREST OF
`RIMARYDUNE
FRONTAL
DUNE
REAR TOE OF
FRONTAL DUNE
DUNE AREA
FIRST LINE OF
-STABLE NATURAL
:VEGETATION
MEAN HIGH
WATER
BEACH AREA
MEAN LOW
WATER
1. dune area development
1. dune area development
1, dune area development
1. dune walkover
1. beach nourishment
1, swimming
2. long term erosion hazard area
activities
activities
structures
2. beach bulldozing
2. fishing
development
3. greater than 30 erosion
2. long term erosion hazard
2, permeable parking
2. gazebos less than or
3. emergency maintenance and
3. surfing
year
or dune protection area
3. tennis courts
equal to 200 square feet
repair
4. boating
area development
4. large condos
activities
4. swimming pools
3. campgrounds
4. temporary erosion control
3. traditional beach
5. single family structure
4, elevated decks less than
structures
5. motels
6. commercial structures
cottages
4, multi -family less than or
exemptions:
a lots too small to meet
or equal to 500 square
feet
equal to 4 units and
setback and platted
5. storage sheds less than
5,000 square feet
prior to June 1, 1979
or equal to 200 square
5. commercial structures
a structure's ground
feet
less than or equal to
floor limited to 1000
6. temporary amusement
5,000 square feet
sq. ft. or less
stands
a structure must be set
7, dune enhancement and
as far back as possible
repair
in no case closer than
B. emergency maintenance
60 feet
and repair (provided
a other special construc.
that no significant dune
tion standards
. alteration takes place)
NOTE: Any development on the oceanfront is risky. The setbacks are only minimum requirements.
Risk is reduced by building further back than the minimum required and should be seriously
considered by developers. All development must meet standards for developmental activities
in Ocean Hazard Areas of Environmental Concern listed in 7H .0300 and all other applicable
federal, state and local permits, certifications, etc.

• CRC Regulations for Structural Accessways (Dune Crossovers)
The Coastal Resources Commission (CRC) has adopted standards for
managing development activities within Areas of Environmental Concern.
Subchapter 7H .0308(c)(2) of these standards requires that structural
accessways (dune crossovers) located within the Ocean Hazard Area of
Environmental Concern be constructed in a manner which entails negligible
alteration on the primary dune. The impact of the crossover on the dune
is presumed to be negligible if the requirements below are met.
1) The accessway must be exclusively for pedestrian use.
2) The accessway must be less than six feet in width.
3) The accessway must be raised on posts or pilings of five feet or
less depth, so that wherever possible only the posts or pilings
touch the frontal dune. Where this is deemed impossible, the
structure can touch the dune only to the extent absolutely
necessary, and in no case will an accessway be permitted if it
will diminish the dune's capacity as a protective barrier
against flooding and erosion.
4) Any areas of vegetation that are disturbed must be revegetated
as soon as feasible.
In constructing dune crossovers, CRC regulations further stipulate
that no significant alteration or removal of primary or frontal dunes or
dune vegetation is permissible. It may also be appropriate to construct
the last 12 to 16 feet of the dune crossover as a breakaway structure to
minimize potential storm damage to the entire structure.
• CRC Regulations for Construction in Estuarine Shoreline AECs
For any project constructed within the 75-foot Estuarine Shoreline
Area of Environmental Concern, Subchapter 7H .0209(e) requires that the
use standards below be followed.
1) All development projects must substantially preserve natural
barriers to erosion, such as peat marshland, resistant clay
shorelines and cypressgum protective fringe areas along
vulnerable shorelines.
2) Impervious surfaces must be limited to the amount necessary to
use the lot for its intended purpose. These surfaces shall not
exceed 30 percent of the AEC area of the lot, unless the
applicant can show that an innovative design would provide
protection equal to that of the 30 percent limitation.
3) All development projects must meet the following mandatory
standards of the North Carolina Sedimentation Pollution Control
Act of 1973:
• a buffer zone along the estuarine shoreline must be
provided to retain visible siltation within the 25 percent
of the buffer zone nearest the land disturbing activity;
4-7

• no development may have finished grades with a slope
greater than that which can be maintained by vegetative
cover or other adequateerosion control devices or
structures; and
• when land is cleared for any project except a reservoir, a
ground cover must be planted within 30 working days of
completion of the grading in order to restrain erosion.
4) Development cannot have a significant adverse impact on
estuarine resources.
5) Development cannot significantly interfere with existing public
rights of access to, or use of, navigable waters or public
resources.
6) Projects which will require excessive expenditures of public
funds for maintenance will not be allowed unless the public
benefits of the project will outweigh those expenditures.
7) Development may not cause major damage to valuable documented
historic, architectural or archaeological resources.
• CRC Regulations for Construction of Docks and Piers in Estuarine
Waters
For the construction of docks and piers in estuarine waters, the
development standards in Subchapter 7H .0208(b)(6) require that the
guidelines below be met.
1) Docks and piers cannot significantly interfere with water
flows.
2) To protect marsh vegetation from the damaging effects of
shading, docks and piers which are built over marshland
must be less than six feet wide. Platforms or "T's" at the
waterward end of the structure are not restricted to these
dimensions, but cannot have a total area of more than 500
square feet.
3) Piers must be designed to minimize adverse effects on
navigation and public use of waters, while allowing the
applicant adequate access to deep waters.
4) Pier alignments along federally maintained channels must
meet the guidelines of the U. S. Army Corps of Engineers.
5) Piers may not be longer than the established length of
piers along the same shoreline for similar use. In no case
may a pier extend more than one-third of the width of a
natural water body or man-made canal or basin.
4-8

6) Piers cannot interfere with the access to any riparian
property and must have a minimum setback of 15 feet between
any part of the pier and the adjacent property owner's
areas of riparian access. Areas of riparian access are
established by drawing a line along the channel or deep
water in front of the properties, then drawing a line
perpendicular to the line of the channel so that it
intersects with the shore at the point where the upland
property line meets the water's edge.
The minimum setback requirement may be waived by the
written agreement of the adjacent riparian owner or when
two adjoining riparian owners are co -applicants. If the
adjacent property is sold before construction of the pier
begins, the applicant must obtain a written agreement with
the new owner waiving the minimum setback and submit it to
the permitting agency before building the pier.
For a diagram illustrating this rule as it applies to
various shoreline configurations, contact the Division of
Coastal Management.
7) Docks and piers cannot significantly interfere with
shellfish franchises or leases. Anyone applying for a
permit to construct a dock or pier must provide notice of
the permit application or exemption request to the owner
of any part of a shellfish franchise or lease over which
the proposed dock or pier would extend.
DESIGN DETAILS
The remainder of this section includes detailed design
considerations for parking, walks, restrooms, signs, lighting, litter
receptacles, bike racks, foot showers, sand fencing and landscaping. The
design guidelines described here are minimal in nature. Local governments
are urged to incorporate additional measures to enhance public access
areas. Professional design assistance is desirable when preparing access
projects.
• Parking
An average parking space is 9
feet by 18 feet, although 8 feet by 18
feet is appropriate for compact cars.
For a parking space to be accessible
to the handicapped it must be 12 feet
6 inches by 18 feet to facilitate
wheelchair usage. Such parking spaces
should be located on hard, paved
surfaces as near as possible to the
entrance of a facility. State law
requires that a minimum of two percent
4-9

I
of all parking spaces be provided for
the handicapped although twice that
many is preferred. Per G.S. 20-37.6,
handicapped parking spaces must be
appropriately signed.
Common materials used for paving
parking areas include asphalt,
concrete, marl, shell, gravel or
paving blocks. Each has advantages
and disadvantages as described below:
Concrete provides a rigid, hard
surfaced paving. It is an impervious
_- surface which prohibits rainwater
from percolating into the soil.
Stormwater management must be
provided for where concrete paving is
used. Concrete requires little
maintenance but is one of the most
expensive paving materials.
Asphalt provides a hard paved
surface at a lower cost than concrete.
Like concrete, it is an impervious
surface and rainwater runoff must be
handled correctly to avoid flooding.
Over time, asphalt parking areas must
be resurfaced.
Marl, shell or gravel are loose
porous paving materials. These
surfaces may be dusty and are
difficult to roll a wheelchair over.
These materials are inexpensive,
provide traction for cars and allow
rainwater to percolate into the
subgrade. Generally, no maintenance
is required although periodically new
material may need to be added.
Concrete Paving Blocks
(Turfstone) are hard surfaced units
with regularly spaced perforations
across the surface of the paving
block. Although hand installation
costs are high, this material provides
a rigid surface that can be
aesthically pleasing and allows
rainwater to percolate through the
perforations to the subgrade. Another
advantage over other rigid paving
4-10
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surfaces is that the individual paving blocks can be moved, if necessary,
and reused elsewhere.
In general, parking areas should be defined by edges that keep cars
out of private property, pedestrian areas, and sand or vegetation. A
variety of materials, such as a past -and -rope or wooden fence, railroad
ties and concrete curbs or wheel stops, can be used to define the edges of
a parking area.
Each parking space should be marked off by painted lines, railroad
ties or concrete wheel stops. Painted lines are appropriate on hard
surfaces such as concrete or asphalt paving or on open-faced paving
blocks. Railroad ties or concrete wheel stops can be used on either
porous or non -porous surfaces but are best used on those surfaces such as
marl or shell where lines cannot be painted.
• Walks
Pedestrian walks should be
provided at all access areas. At a
local access area, the walk should be
provided from the street to the
shoreline. At a neighborhood or
regional access area, the walk should
be provided from the parking area to
the shore. In some instances, where
pedestrian traffic is low and no
fragile vegetation or landforms
exist, a walk may not be necessary.
Walks can be constructed of
asphalt, concrete or wood. Asphalt
and concrete are most appropriately
used where a stable sub -base has been
installed; wooden walks are
appropriate where loose sand is
present. Four- to six -foot -wide walks
are recommended depending on the
intensity of pedestrian use.
Boardwalks through flat sandy areas or
sparsely vegetated areas are
recommended to keep people off fragile
natural areas.
Although it may not be possible
in every instance, local governments
should strive to make as many public
access projects as possible available
to the handicapped. Local access
projects, where parking is not
available and a limited number of
4-11
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individuals are expected to use the
sites, may not be the most appropriate
projects to construct for use by the
handicapped. Neighborhood access
projects, where parking and limited
facilities are available and a larger
number of visitors can be expected,
are more appropriate sites to be
constructed for use by the
handicapped. Regional access
projects, where restrooms, showers
and parking are available and the
greatest number of visitors can be
expected, by law, must be constructed
for use by the handicapped. At
regional access areas it would be
appropriate to construct facilities
to enable a handicapped individual to
use the dry or wet sand beach area or
to get to the water.
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For a walk or ramp to meet State Building Code requirements for
handicapped accessibility, it must meet the standards described below.
• A walk or ramp must be at least four feet wide
• If the slope of the walk is five percent or less, no handrail is
required. If the slope is greater than five percent, a handrail
is required on one side. In no instance may the slope exceed
8.33 percent. Where there is a dropoff on one or both sides of
a ramp, handrails are required on both sides.
• Handrails must be 32 inches high from the surface of the ramp
and shall extend 1 foot beyond the top and bottom of the ramp.
• Where a walk terminates at a door, a 5 feet by 5 feet level area
will be provided. The walk must extend at least 1 foot 6 inches
beyond the jamb on the pull side of the door.
• A ramp must have at least a 5-foot straight level clearance at
the bottom.
• At 30-foot intervals, straight run ramps must have 3-foot
minimum long intermediate level platforms for rest and safety
purposes. Wherever level platforms turn, the platform will be
at least as wide as the ramp and five feet long (deep).
A worthwhile guide to refer to is An Illustrated Handbook of the
Handicapped Section of the North Carolina State Building Code, 1977
(reprinted 1982), North Carolina Department of Insurance, Special Office
for the Handicapped. Although it illustrates handicapped requirements
for urban areas and a variety of physical facilities, it provides valuable
and useful design details for public access projects.
4-12

• Restroom Facilities
Restroom facilities constructed in an Area of Environmental Concern
must be designed and constructed to meet CRC development standards. The
structure must also meet State Building Code standards and Federal
Emergency Management Administration (FEMA) standards if it is located in a
flood hazard area. It may be necessary to elevate the structure one foot
above the 100-year floodplain in order to comply with FEMA flood insurance
requirement's. The structure must also be made accessible to the
handicapped in compliance with the State Building Code.
Restroom facilities should be made available for daily public use
from Memorial Day to Labor Day at a minimum. Additional weeks and
weekends on either side of the traditional summer beach season are also
suitable for beach use. A community may wish to make restroom facilities
available for such times as well. In general, the public is best served
if the facility is available for the longest time period practical.
Communities may choose to locate additional public facilities in the
same structure used to house a restroom. By locating headquarters for
lifeguard or beach patrol services at restroom facilities, an image of
greater public protection is created.
The design and appearance of the structure can create a positive
community image as well as minimize maintenance costs, and vandalism or
graffiti. When possible, qualified professionals should design and
supervise the construction of the structure.
The use of water at the restroom facility and the adequate design of
the plumbing system are important considerations in reducing maintenance
costs. The suggestions below may be of assistance.
• Provide cold water only -- this reduces shower time.
• Use commercial grade pipes -- heavy-duty fixtures are able to
withstand heavy use and abuse.
• Use spring -loaded fixtures -- they help to reduce high water
comsumption.
• Locate the water cut-off valve near the meter -- turning off
the water every night during the beach season will protect
against potential vandalism.
• Locate showers in an area that drains well -- this prevents
users from the danger of slipping and reduces the risk of water
damage to the restroom structure.
Another design detail to consider is the electrification of the
facility. Wiring and electric service will not be necessary in the
structure by designing the building for natural solar lighting. Direct
and indirect natural light through skylights and windows in the eaves is
generally adequate for daytime use.
4-13

• Signs
Three types of public access signs are currently available. "Public
Beach Access" and "Public Access" signs, illustrated below, should be
placed at ocean beaches and estuarine shoreline sites, respectively.
'PUBLIC
BEACH
ACCESS
TMlly
SANDY
SHORE
N.C.
COASTAL MANAGEMENT
PROGRAM
For Ocean Beaches
PUBLIC
ACCESS
5AND'Y
SHORE
N C.
COASTAL MANAGEMENT
PROGRAM
For Estuarine Shoreline
These signs are available through the Division of Coastal Management
or can be ordered directly through the Department of Corrections Sign Shop
in Raleigh. The 1985 cost per sign is $10.
Members of the League of Municipalities contact:
Sue Kirk
League of Municipalities
P.O. Box 3069
Raleigh, North Carolina 27609
Phone [phone]
All others contact:
Theodis Strickland
N. C. Department of Corrections
1122 Hillsborough Street
Raleigh, North Carolina 27603
Phone [phone]
In posting these signs, it is
recommended that at least two signs be
posted perpendicular to the entrance
of each public access area. It may be
appropriate to post an additional sign
or two on the ocean or sound sides of
the site as well as on major
thoroughfares to direct traffic to the
access site as illustrated.
4-14
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dl6O P6XJ%W4VC0LAR
To ROADS W/7'H
ARRaw.ts Pol vl/N6 7D StM

The placement of public access signs and additional regulatory signs
should be coordinated to avoid a cluttered appearance. The use of signs
displaying international symbols may simplify this problem as illustrated
below:
T€ fi t
4
iT q
ilk 6j. 0.
,*y a
- ES
/YO ao�s
3vJfMM44U No
I IL
PAgy
�Y
NW
4-15

In addition to the two public access signs, another larger sign (42
inches x 78 inches, green with white lettering) is also available from the
sign shop. This sign should be posted at city or county limits. The sign,
illustrated below, was priced in 1984 at $144.20.
Site interpretation and educational signs may also be appropriately
used at public access sites. Such signs may discuss the formation of
natural land features, vegetation types and their significance, or
historical sites and artifacts. The installation of interpretive signs
enhances the visitor's experience and increases awareness of the coast's
fragile character.
• Lighting, Litter Receptacles, Foot Showers, Bike Racks, Sand Fencing
Although a public accessway can be as simple as a sand path marked
with a public access sign, additional features increase the usability of
the site. The following features are appropriate at public access sites:
Lighting. At a minimum, a safety light should be posted at the end
of each neighborhood access area. Additional safety lights should be
placed in parking areas for regional access sites and around restroom
facilities. Night lighting is a safety feature which facilitates police
patrols and allows safe evening use of access sites.
Litter receptacles. A minimum of one litter receptacle should be
located at each local or neighborhood access facility; two or more at
regional facilities. Receptacles should be emptied and maintained
4-16

regularly and litter at the access site should also be removed. A
community should choose an attractive, well -anchored litter receptacle
which best suits its needs.
Footshowers. At neighborhood or regional access sites, foot
showers are an attractive, relatively inexpensive amenity. As with the
restroom facility, appropriate measures should be taken to reduce water
usage.
Bike Racks. At local, neighborhood and regional access sites bike
racks are desirable amenities. They provide a safe place to store
bicycles for local and visiting cyclists and provide an incentive to use
transportation other than a car. -
Sand Fencing. Sand fencing should be used at ocean access sites to
direct pedestrian movement away from fragile dune areas and toward dune
crossovers. Wherever sea oats have been planted, sand fencing should be
used to protect the plants from pedestrian traffic.
Additional details for access sites.
• Landscaping
Public access areas exposed most directly to salt -laden ocean
breezes are extremely difficult sites to introduce landscaping materials.
Salt spray retards the growth of even the hardiest plant species.
Although one may want a public access site to look like a lush inland
park, it may be more prudent to accept the ocean's growth -restricting
influences rather than continually replace salt -burned plants.
On barrier islands, plants generally grow in three "zones" (Graetz
1973). The type and size of the vegetation within each zone varies
according to the distance from the ocean and each plant's ability to
withstand wind and salt spray. The first row of plants, the grass or
pioneer zone, receives the most direct exposure to salt spray and winds,
and so only the heartiest plants survive here. The middle or scrub zone
4-17

is usually located behind the protective frontal dunes. Less salt
tolerant plants grow in this zone as compared to the pioneer zone. On
some islands there is a third zone where a maritime forest is found. This
area is typically located between 300 and 700 feet from the ocean and
contains pines and hardwoods. Plants typical .of these zones are
illustrated below.
HIGH
TIDE
FOREST 20NC SCRUB ZONE PIONEER ZONE
Inver teen MIND..
bevc IND ¢enlcu. MmoeM i. Le ular.
Eeeoere - o la Iota
aante¢ - .Ims
Blc ter •oanl Panlcncum - Pa nl cum
I Seacoastm
_blue - A drocogon Ittcorali. _
I Na11 -elder - Iva lmbrl a I
Sllverleat wrto - 11.1.0
rac
Seu{de noldenmd - so lte.v a ervlre I
wc,ela.E o arc - Nvdro ry le obonarle n.b I
r.unon holly - Ile,n omucrta
u..mvrtla - Nvr{aa cer(fery
E b
Eaecnrn baecharla - SncUv[ I hatmllolla
Shfalne .cane - Rua c hoa lle
Pelnneervme - AmueloW. .ebar..
vNr¢{n{a c - P. I rest... a f l I
Nuacsetne ¢ er Mil r unettoll.
.American holly - Ilea
eao I
Eevtivood - Oananrhua a erlcanua I I
F lover tn¢ hsa .cd - Comua Void.
I
Redb.v - Terms. barbonle I
Eab to llv olne - Pinue taedc r I I 0.ed mno le - Acer rubru
Elackcberry . Pry o[ln. I I I
0.edcedar - Jnleeuv{[¢a tn{.n I I
Lie oak - Wercusv{ralntane
(Graetz, 1973)
When a beach access project is constructed, the sudden removal of
vegetation in the pioneer or shrub zones will expose less salt tolerant
species to the damaging effects of salt spray. Eventually many of these
exposed plants may die and denude the site of vegetation. By carefully
limiting the removal of existing on -site vegetation, the damaging effects
of salt spray can be minimized.
Once an access project is constructed, it is essential that sand
dunes and the general area of the site be revegetated with sea oats or
other appropriate grasses. If additional plant materials are to be
installed, it would be most appropriate to select materials similar to
existing ones which would be indicators of salt tolerance and have the
greatest likelihood of survival.
4-18

APPENDIX A
COASTAL AND ESTUARINE WATER BEACH ACCESS PROGRAM
AND CAMA PROGRAM POLICIES

ARTICLE 7A.
Coastal and Estuarine Water Beach Access Program.
§ 113A-134.1. Legislative findings.
It is determinedanddeclared as a matter of legislative findings
that there are many privately owned lots or tracts of land in close
proximity to the Atlantic Ocean and the estuarine waters in North
Carolina that have been and will be adversely affected by the coastal
and estuarine waters hazards such as erosion, flooding and storm
damage. The sand dunes on many of these lots provide valuable
protective functions for public and private property and serve as an
integral part of the beach sand supply system. Placement of perma-
nent substantial structures on these lots will lead to increased risks
of loss of life and property, increased public costs, and potential
eventual encroachment of structures onto the beach.
The public has traditionally fully enjoyed the State's ocean and
estuarine beaches and public access to and use of the beaches. The
beaches provide a recreational resource of great importance to North
Carolina and its citizens and this makes a significant contribution
to the economic well-being of the State. The ocean and estuarine
beaches are resources of statewide significance and have been
customarily freely used and enjoyed by people throughout the State.
Public access to ocean and estuarine beaches in North Carolina is,
however, becoming severely limited in some areas. Also, the lack of
public parking is increasingly making the use of existing public
access difficult or impractical in some areas. Public purposes would
be served by providing increased access to ocean and estuarine
beaches, public parking facilities, or other related public uses. There
is therefore, a pressing need in North Carolina to establish a compre-
hensive program for the identification, acquisition, improvement
and maintenance of public accessways to the ocean and estuarine
beaches. (1981, c. 925, s. 1; 1983, c. 757, s. 13.)
Effect of Amendments. — The 1983
amendment, effective July 1, 1983,
inserted "and the estuarine waters"
following "Atlantic Ocean" and inserted
"and estuarine water" following "the
coastal" in the first sentence of the first
paragraph and substituted "ocean and
estuarine beaches" for "ocean beaches"
throughout the second paragraph.
§ 113A-134.2. Creation of program; administration;
purpose.
There is created the Coastal and Estuarine Water Beach Access
Program, to be administered by the Coastal Resources Commission
and the Department of Natural Resources and Community
Development, for the purpose of acquiring, improving and main-
taining property along the Atlantic Ocean and estuarine waters, as
provided in this Article.
The Coastal Resources Commission and the Department of Nat-
ural Resources and Community Development shall use the defi-
A-1

nition of "estuarine water" used under Article 7 of this Chapter to
administer this program. (1981, c. 925, s. 1; 1983, c. 757. s. 13.)
Effect of Amendments. — The 1983 Beach Access Program" and inserted
amendment, effective July 1. 1983. sub. "and estuarine waters' in the first para.
stituted -Coastal and Estuarine water graph and added the second paragraph.
Beach Access Program" for "Coastal
§ 113A-134.3. Standards for beach access program.
The Coastal Resources Commission, with the support of the
Department of Natural Resources and Community Development,
shall establish and carry out a program to assure the acquisition,
improvement and maintenance of a system of public access to ocean
and estuarine water beaches. This beach access program shall
include standards to be adopted by the Commission for the acqui-
sition of property and the use and maintenance of said property. The
standards shall be written to assure that iand acquisition funds
shall only be used to purchase interests in property that will be of
benefit to the general public. Priority _hail be given to acquisition
of lands which, due to adverse effects of coastal and estuarine water
natural hazards. such as past and potential erosion, flooding and
storm damage, are unsuitable for the placement of permanent struc-
tures, including lands for which a permit for improvements has been
denied under rules and regulations promuigated pursuant to State
law. The program shall be designed to provide and maintain reason-
able public access and necessary parking, within the limitations of
the resources available. to all areas of the North Carolina coast and
estuarine waters where access is compatible with the natural
resources involved and where reasonable access is not alreadv avail-
able as of June 30. 1981. To the maximum extent possible, this
program shall be coordinated with State and local coastal and estu-
arine water management and recreational programs and carried out
in cooperation with local governments. Prior to the purchase of any
interests in property. the Secretary of Natural Resources and Com-
munity Development or his designee shall make a written finding of
the public purpose to be served by the acquisition. Once property is
purchased, the Department of Natural Resources and Community
Development may allow property, without charge, to be controlled
and operated by the county or municipality in which the property is
located, subject to an agreement requiring that the local government
use and maintain the property for its intended public purpose. These
funds may be used to meet matching requirements for federal or
other funds. The Department of Natural Resources and Community
Development shall make every effort to obtain funds from sources
other than the general fund for these purposes. Funds may be used
to acquire or develop land for pedestrian access including parking or
to make grants to local governments to accomplish the purposes of
this ,article. All acquisitions or dispositions of property made pur-
suant to this Article shall be in accordance with the provisions of
Chapter 146 of the General Statutes. All grants to local governments
pursuant to this Article for land acquisitions shall be made on the
condition that the local government agrees to transfer title to any
real property acquired with the grant funds to the State if the local
government uses- the property for a purpose other than beach access.
(1981, c. 925. s. 1; 1983. c. 334: c. 757. s. 13.)
Effect of Amendments. — The first
1983 amendment. eli'ecu,. \tar 30.
1983, deleted the Coroner ninth sentence
of this section. which read. 'These land
acquisition funds shall not be used to
purchase property held for less than two
rears by the current owner"
The second 1983 amendment, effective
.Jul, 1. 1983. inserted "and estuarine
water" m the first. fourth. and sixth son.
tences. inserted 'and estuarine waters"
in the fifth sentence and added the last
sentence.
A-2

-- NRECD - COASTAL MANAGEMENT r15. 07-1 .0100
SUBCHAPTER 71 - GENERAL POLICY GUIDELINES 1.10
FOP. THE COASTAL AREA 1.11
SECTION .0100 - PURPOSE AND AUTHORITY 1.13
.0191 AUTHORITY 1.15
History Note: Statutory Authority G.S. 113A-102(b); 1.18
113A-107; 113A-124; 1.19
Eff. March 1, 1979; 1.20
Repealed Eff. November 1, 1984. 1.21
.0102 DURPOSE 1.23
The purpose of these rules is to establish generally 3ooi1c3b1e 1.25
objectives and polities to be followed in the public and private 1.26
use of land and water areas within the coastal area of North. 1.27
:7arollna.
3istory Note: Statutory Authority G.S. 1131-102(h); 1.30
113A-107; 113A-124; 1.31
F.fE. March 1, 1979. 1.32
NORTH CAROLINA ADMINISTRATIVE CODA 02/12/85 7M-1
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NR&CD - COASTAL .MANAGEMENT
r15: 07M .0200
SECTION .0200 - SHORELINE EROSION POLICIES 1.39
.0201 DECLARATION )F GENERAL POLICY 1.41
It is herebv declared that the general welfare and public 1.43
interest require teat ;development along the ocean and estuarine 1.44
shorelines be conducted in a manner that avoids loss of life, 1.45
Property and amenities. It is also declared that protection of
the recreational use of the shorelines of the state is in the 1.46
Public interest. In Order to accomolist: these public purposes, 1.47
the planninq of Euture land uses, reasonable regulations and
eublic expenditures should be created or accomplished in a 1.48
coordinated manner so as to minimize the likelihood of damage to 1.49
Private and public resources resulting from recognized coastal
hazards.
'ti ;tory Note: statutory Authority :.S. 113A-102 (b) : 1.52
113A-107; 113A-124; 1.53
Eff. March 1, 1979. 1.54
.0202 POLT::Y STAT`4P NTS 1.56
.(a) Pursuant to Section 5, Article 14 of the North Carolina 2.1
Constitution, proposals for shoreline erosion control projects 2.2
shall avoid losses to North Carolinas natural heritaqe. All 2.3
means should be taken to identify and develop control measures
that will not adversely affect estuarine and marina productivity. 2.4
The public right to use and enjoy the ocean beaches must be
Protected. The protected uses include traditional recreational 2.5
uses (such as walking, swimming, surf-fisninq, and sunbathing) as
well as commercial fishing and emergency access for beach rescue 2.6
services. Private property rights to oceanfront properties
inclulinq the right to protect that property in ways that are 2.7
cpnsist=nt with public rights should be protected.
1b) •lonstructur_1 measures designed to minimize the loss of 1.8
Private and public resources to erosion are preferred solutions 2.9
to erosion problems provided such measures are economically, 2.10
socially, or environmentally justified. Preferred nonstructural
contr')l. measures for shoreline erosion shall include but not be 2.11
limited to AEC regulation, land use planning and land 2.12
classification, establishment of building setback lines,
subdivision requlations and management of vegetation. When 2.13
structural controls are selected in developing alternative plans 2.14
for erosion control a clear rationale should be presented and
those structural control measures which have the least affect on 2.15
natural processes should be given osime consideration. Note: 2.16
For the purpose of this policy beach nourishment projects are
included with traditional structural control measures such as 2.17
NORTH CAROLINA ADMINISTRATIVE CODE 02/12/85 74-2
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NRSCD - COASTAL MANAGEMENT
T15: 0711 .0200
revetments. The reason for this is that beach nourishment 2.18
Projects are land disturbing activities that can drastically 2.19
alter the estuary (as a borrow area), the barrier island (through
which Pipelines will be laid) and the beach and nearshore 2.20
(through the replacement of aquatic bottoms with dry sand).] 2.21
1c) Efforts to permanently stabilize the location of the 2.22
shoreline by massive_ seawalls and similar Protection devices 2.23
which do not preserve public trust rights should not be allowed.
The attendant environmental damages and public economic costs are 2.24
unacceotably high. Temporary measure to counteract erosion, _u-h 2.25
as beach n:urishment, sandbag bulkheads, and beach pushin-1,
should he allowed, but only to the extent necessary to Protect
Property tor —a short period of time until threatened structures 2:226
may be relocated or until the effects of a short-term erosion
event are reversed. In all cases, temporary stabilization 2.27
measures must be compatible with public use and enjoyment of the
beach. 2.28
J3) The State of North Carolina will encourage innovative 2.29
institutional programs and scientific research that will provide 2.30
Eor effective management Of coastal shorelines. Innovative
measures which may be developed in the future that will lessen or 2.31
slow the effects of erosion while minimizing the adverse impacts 2.32
on the public beach and on nearby properties should be
encouraged.
fe) The planning, development, and implementation of erosion 2.34
control projects will be coordinated with appropriate planning
agencies, affected governments and the interested public. 2.35
laximum efforts will be made by the state to accommodate the
interest of each interested party consistent with the grojectls 2.37
objectives. Local, state, and federal government activity in the
coastal area should reflect an awareness of the natural dynamics 2.38
of the ocean front. ;overnment policies should not only address
existinq =erosion Problems but should aim toward minimizin-4 future 2.39
=r')sion Problems. Actions required to deal with erosion problems
are very expensive. In addition to the direct costs of erosion 2.4J
:bitement measures, many other costs, such as maintenance Of 2.41
projects, disaster relief, and infrastructure repair will be 2.42
borne by the public sector. Responses to the erosion should be 2.43
designed to limit these public costs. 2.44
lf) The following are required with state involvement (funlinq 2.45
or sponsorship) in oceanfront erosion control projects: 2.46
J1) An assessment consistent with the North Carolina 2.48
Environmental Policy Act (,EPA) shall determine that 2.49
there will be no unacceptable environmental impacts;
12) The entire restored i)ortion of the beach shall be in 2.51
Permanent public ownership;
NORTH CAROLINA ADMINISTRATIVE CODE 02/12/85
7M-3
A-5

NR&CD - COASTAL MANAGEMENT
r15: 071.1 .0200
13) It shall be a local government responsibility to 2.52
pr)vide adequate parkinq, public iccess, and services 2.53
for public recreational use of the restored belch;
.14) State expenditures are to be uses only for maintenance 2.55
OE a public beach and not to protect endangered seawall
or other arosion -abatement structure;.
1q1 The state will promote education of the public on tn_ 2.57
dynamic nature of the coastal zone ind on effective measure to
cope with our ever changinq shorelines.
History Note: Statutory Autnority 7.5. 113A-102(b); 3,3
113A-107; 113A-124; 3.4
Eff. March 1, 1979; 3.5
Amended Eff. March 1, 1985. 3.6
NORTH CAROLINA ADMINISTRATIVE CODE 02/12/85
7M-4
A-6

N';CD - COASTAL SANAGE5ENT
?' 15 : 071.1 .0300
SECTION .0300 - SNOREFRONP ACCESS POLICIES 3.13
.0301 DECLARATION 1F GENERAL POLICY 3.15
Tt is the policy of the State of North Carolina to foster, 3.17
or:)tect, improve and ensure optimum access to recreational 3.18
0003rtunities at ocean and estuarine water beach areas consistent
with public rights, rights of private property owners and. the 3.19
need to protect natural resources, especially sand dunes and 3.20
marsh vegetation. The State's ocean an9 estuarine dater beaches
are a res3urce of statewide significance hell in trust for the 3.22
use and enjoyment of all the citizens. The public has
-- traditionally and customarily fre=_ly used and had access to these 3.23
resources =.nd the State has a responsibility to provide continued
reasonable access to its beaches and estuarine waters. The St-ite 3.24
o,f North Carolina, therefore, has created a Coastal and Estuarine 3.25
Water Beach Access °cogram for the purpose of acguirinq,
improving and maintaining recreational property along the 3.26
oceanfront and estuarine shoreline.
`lane privately owned properties in close proximity to the 3.27
Atlantic ocean and to estuarine snorelines have been and will be 3.29
adversely affected by coastal hazards, making them unsuitable for
permanent residences. A public purpose can be served by the 3.29
acquisition anal/or improvement of such properties for beach 3.10
access use by the general public, provided that such properties
are appropriately maintained for this and future generations. 3.31
The state should acquire the lands which are most vulnerable to
severe erosion only when these lands may be used for some valid 3.32
Public purpose, such as beach access and use. the state should
seek opportunities for the acquisition of inexpensive properties. 3.33
Where feasible, donations and bargain acquisitions snould be
encouraged. 3.34
3istory *tote: Statutory Authority I.S. 113A-134.1: 3.37
113A-134.3; 3.38
Eff. March 1, 1979; 3..39
Amended Eff. March I, 1985; July 1, 1992. 3.40
.0302 DEFINITIONS 3.42
la) "Ocean Beach access" is defined to include theacquisition 3.44
and/or improvement of properties situated along the Atlantic 3.45
Ocean for parking and public passage to the oceanfront. Beach 3.46
access facilities may include, but are not limited to, parking 3.47
areas, restrooms, showers, picnic areas, dressinq/shower rooms,
concession stands, gazebos, litter receptacles, water, fountains, 3.48
dune crossovers, interpretive and public beach access signs, and
other appropriate facilities. 3.49
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NR&CD - COASTAL MANAGEMENT
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fb) "Estuarine +later Beach Access" is defined to include the 3.51
acgnisition and/or improvement of properties located in the
tweaty county arei unier CAMA jurisdiction that are situated
along estuarine waters as defined by the North Carolina Wildlifa 3.52
Resources Commission and the Division of larine Fisheries for
p-arkinq, boating Ind pe•iestrain access to estuarine waters. 3.53
Estuarine water beach access facilities may include, but are not
limited to parkinq ireas, restrooms, showers, picric areas,. boat 3.54
ramps, fishinq piers, boardwalks, dressinq/shower rooms,
concession stands, litter receptacles, interpretive and 'public 3.55
beach access signs, qazebos, water fountains, and other
appropriate facilites. 3.56
_(c) The term "beach" as used in these policies is defined as 3.57
an area extendinq from the mean low to the mean high water line 4.1
and beyond this line to where either the growth of vegetation 4.2
occurs or I distinct change in slope or elevation occurs, or
riparian owners have specifically Ind legally restricted access 4.3
above the mean hiqh water line.
?his iefinition is intended to describe those shorefront areas 4.4
customarily freely lised by the public. The following policies 4.5
recognize public use right into the beach areas as defined but do 4.6
not In any way require private proparty owners to provide Public 4.7
access to the beach.
Jd) Local accessways are defined to include those points which 4.8
offer minimal facilities if any at all. Generally, these 4.9
accessways will only have a dune crossover or pier, if needed,
and litter receptacles and public beach access signs and Ira for 4.10
the use of pedestrians within a few hundred yards of the site. 4.12
le) Neighborhood accessways are defined as those areas 4.13
offerinq parking, usually for five to ten vehicles, a dune 4.14
crossoveror pier, litter receptacles and public beach acres
signs. Such accessways ara primarily for the use of individuals 4.15
within the immediate subdivision it vicinity of the sita. 4.16
If) Fegional accessways are of such size and offer such 4.17
facilities that they serve individuals, from throughout an island 4.18
or community includinq day visitors. These sites are 4.19
handicapped accessible and normally provide parkinq for 25 to 60
vehicles, restrooms, i dune crossover, pier, boat ramp, foot 4.20
showers; litter receptacles and public beach access siqns.
Jql Multi -regional accessways, usually administered by the 4.21
State, are in the category of state parks, and. offer the full 4.22
comolenent of imorovements associated with such facilities.
Although the Coastal and Estuarine aatar Beach Access Program 4.23
will provide funk to the extant possible to improve or
coordinate beach access as these sites, multi-reqional accessways 4.24
are seen, in most uses, as beinq beyond the scope and intent of 4.25
the state coastal and estuarine water beach access program. 4.26
NORTH CAROLINA ADMINISTRATIVE CODE 02/12/85 711-6
►sII.3

NRECD - COASTAL MANAGEMENT
T15: 0711 .0300
Ih) Improvements, as related to beach access, are any 4.27
facilities which promote access at a specific site. The most 4.28
common improvements include dune crossovers, piers, boardwalks,
litter receptacles, Parkinq areas, restrooms, qazebos, foot 4.29
showers, boat ramps, and public beach access signs. 4.30
_(i) Maintenance is the proper upkeep and repair of beach 4.31
access sites and their facilities in such a manner that public 4.32
health and safety is ensured. Maintenance is to .be a
responsibility of the local government unless another suitable 4.33
party is identified.
History Note: Stitutory Authority G.S. 113A-134..3; 4.36
Eff. March 1, 1979; 4.37
Amended Eff. March 1, 1985; ,7uly 1, 1992. 4.38
.0303 POLICY STATEMENTS 4.40
,ja) Development shall not interfere with the public's right of 4.42
access to the shorefront where established through public 4.43
icgaisition, dedication, or customary use. If such access exists
on a site where a jevelopment requiring C.4MA approval is to 4.44
occur, access provisions'including parking and satisfying local
requirements must be specified in the permit. 4.45
jh) 2uhlic beach nourishment projects funded by the state and�4.46
federal government will not receive initial or additional funds 4.47
sunless provisions are made for adequate Public access. This must 4.48
include access rights, adequate identification and oarkinq.
jc) 23licies regarding state and federal properties with 4.49
shorefront areas intended to he used by the public must 4.50
encourage, permit and provide public access and adequate oirkinq 4.51
so as to achieve maximum public use and benefit of these areis
consistent with established legislation. 4.52
1d) State and federal funds for beach access shall be Orovided 4.53
only to localities that also provide protection of t he trontil 4.54
dunes and marsh and estuarine vegetation.
fe) The State should continue in its efforts to supoLement :nd 4.55
improve highway, bridge and ferry access to in9 within tha 20 4.56
county coastal area consistent with the approved local land use 4.57
plans. Further, the State should wherever practical work to add
public fishing catwalks to appropriate highway bridges and should 5.1
incorporate catwalks in all plans for new construction and for 5.2
remodelinq bridges. It is the policy of the State to seek repeal
of ordinances preventinq fishing from brilgas except where Public 5.3
safety would be compromise@. Where bridges are to be replaced,
the =_cgnisition of Public access at the old bridge site should be 5.4
obtained. Department of Transportation efforts regarding right-
of-way alterations within the tventy coastal counties should be 5.5
NORTH CA90LINA ADMINISTRATIVE CODE 02/12/85
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A-9

NRECD - COASTAL MANAGEMENT
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coordinated with the Coastal Resources Commission to Preserve and
enhance public access opportunities. 5.6
jf) All land use Plans and state actions to provide additional 5.7
shorefront access shall recognize the reed of providing access to 5.8
all socio-economic groups.
jq) The commission shall encourage is much beach access as is 5.9
practical for the entire coast, based on estimated needs, with 5.10
the recognition that the most appropriate type of access. will
vary from locality to locality. 5.11
jh) 4n overall goal of the Coastal and Estuarine Water Beach 5.12
Access Proqram is to develop at least one regional accessway for 5.14
each town or county having oceanfront shoreline or one per tin
miles, whichever is greater, and one regional accessway for each 5.15
town or county hiving estuarine water shoreline or one per ten
miles, whichever is greater.
ji) Local governments are encouraged t-)participate in the 5.1,6
access program to the maximum extent possible so that a sharad 5.17
state -local P- rtnarshiP will maximize the benefits to the 5.18
community and to all citizens. The ocean and estuarine water
beaches are recognized as a resource of state and local
significance: ill local governments are encoucaged to actively 5.19
Participate in the iccess program to provide access facilities to 5.20
accommodate state .and local needs.
ji) Beach access projects shall, to the maximum axtent 5.21
feasible, be consistent with the established priorities of
approved local land use plans, beach access plans and outdoor 5.22
recreation Plans, and will be designed to be free of 5.23
architectural barriers which may limit their use by the
handicapped. !there grant funds are used to acquire Land or
improve access opoortunities, local governments may not charge a 5.24
user fee unless such proceeds are used exclusively for beach
-access maintenance and improvements. 5.25
1k) Local governments shall have lead r=_soonsibility for the 5.26
provision of local and neighborhood access wita fell support and 5.27
assistance from the State. Provision of local and neighborhood
Ftccess should be based on identified needs _ms stated in approved 5.28
local Land use Plans , beach access plans or outdoor recreation
Plans. The State shall have lead responsibility for the 5.30
provision of reqional accesses. Provision of regional access
should be based on identified needs as stated in approved local 5.31
land use plans, beach -access plans, outdoor recreation plans, or
is opportunities present themselves. 5.32
jl) Although the commission recognizes the value of multi- 5.33
r^.lional accessways, it recognizes that the large costs 5.34
associated with such Projects will exceed the scope of the
existing beach access funds. However, the beach access program 5.35
shall be fully coordinated with such projects and shall, to the 5.36
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extent feasible, support access projects within new or existing
federal, state, or local properties. 5.37
Jml Local governments are encouraged to pursue the 1=_ga1 5.38
perfection, surveyinq and/or signini of all accessways currently 5.39
on record, be they dedicated or established by customary use, to 5.40
ensure that none are lost to development or encroachment.
In) The estuarine access program is primarily for access to 5.42
estuarine water beaches; while access to estuarine waters. fDr
boating may be associated with this, it is not a primary
objective. 5.43
History Note: Statutory Authority ,.s. 113A-134.3; 5.46
Eff. March 1, 1979; 5.47
Amended Eff. March 1, 1985; Jaly 1, 1982. 5.48
.0304 LOCAL PARTICIPATION REQUIREMENTS: BEACH ACCESS PRO(;RAM 5.50
Ja) lsoects of local accessway management may be considered of 5.53
such overridinq state concern that all or any combination of the
foliowinq conditions may be imposed on any grant for the purpose 5.54
of acquisition of property or improvements to such property as 5.55
follows:
,(1) verification of coastal and estuarine water beach 6.1
access inventories prepared for the locality by the 5.2
deoartment and acceptance of all dedicated street ends
and accessways provilinq access to ocean and estuarine 5.3
shorelines; reference to the actual dimensions of each
nublicly dedicated riqht-of-way snould also be mile; 6.4
J21 erection, replacement and maintenance of public beach 6.6
access signs approved by the department;
13) adoption of appropriate subdivision ordinances 5.7
_equirinq physical an3 visual access for the general 5.3
public to the shorefront alonq existing and future
public streets and in subdivisions where no public 6.9
streets are constructed;
-14) maintenance responsibility for accessways under local 5.10
jurisdiction: 5.11
15) identification of properties unsuitable for development 6.12
due to coastal hazards and acquisition and site 6.13
development strategies;
.J6) all properties acquired under the beach access program 6.14
be used and maintained for public access to the 6.15
shorefront;
J7) in order to ensure the timaly completion of approved 5.16
projects, time limitations may be imposed on tna 5.17
acquisition or improvement of appropriate properties; 5.18
18) a written explanation, where appropriate, as to why a 6.19
local government _houses not to request funds for the 6.20
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improvement or -acquisition of properties unsuitable for 5.21
residential or commercial development or why a local
q)vernment has not prepared public access policies or 6.22
Plans, or applied for grant assistance; and
19) development of a local access plan or adoption of an 6.24
access rasolution; an access plan would idantify
existing access opportunitias, problems and needs;
establish a means for determining access requirements, 6.25
establish standards and goals; specify implementation
strategies; establish project priorities; examine 6.26
fundinq alternatives; and develop appropriate local
policies.
(b) The local government has primary responsibility for 5.29
ideritifvinq a comprehensive public access plan. The local 5.29
government has primary responsibility for sel=_ctinq parcels for
public acquisition and/or improvement for beach access and for 6.30
endorsinq beach access qrant applications. The office of Coastal 6.31
Management has primary responsibility for administering and
developing the coastal and estuarine water access program and 5.32
s eco ndary responsibility to provide appropriate tech n]. Cal
assistance to local governments.
History Note: Statutory Authority G.S. 113A-134.3; 5.35
Eff. July 1, 1982; 0.36
Amended Eff. March 1, 1985. 6.37
.0305 MANDATORY PUBLIC NOTICE 6.39
?ri:Dr to anv grant award by the State under the Coastal Beach 6.41
Access program, the project sponsoring agency will conduct a 6.42
public meeting allowing discussion on the placement and 6.43
maintenance of any beach access facility or the acquisition of
any suitable property for beach access. 5.44
History Note:: Statutory Authority ;.S. 113A-134.3; 6,47
3ff. July 1, 1982. 6.48
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APPENDIX B
CAMA LAND USE PLAN REQUIREMENTS

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SUBCHAPTER 7B - LAND
USE PLANNING
GUIDELINES
1.10
SECTION .0100 -
INTRODUCTION
TO LAND USE PLANNING
1.12
.0101 INTRODUCTION 1.14
1a) The Coastal Area Management act of 1974 establishes a 1.16
cooperative program of coastal area management between local 1.17
governments and the state_ Land use planning lies at the center 1.18
of local governmentes involvement, as it gives the local leaders 1.19
an opportunity and responsibility to establish and enforce
policies to guide the development of their community. 1.20
lb) The purpose of these state guidelines is to assist local 1.21
governments in each of the 20 coastal counties with the 1.22
preparation of their own individual land use plans. Each county 1.23
and the municipalities within the coastal counties are encouraged 1.24
to develop a plan which reflects the desires, reeds and best
judgment of its citizens. The land use plans when approved by 1.25
the Coastal Resources Commission become a part of the North
Carolina Coastal Management Plan for the protection, 1.26
preservation, orderly development and management of the coastal
area of North Carolina which is the primary objective of the 1.27
Coastal Area Management Act of 1974.
1c) This Subchapter also is intended to set forth general 7.29
standards for use by the commission in reviewing and considering
local land use plans. These standards of review are intended to 1.30
clarify the requirements of certain portions of the "State
Guidelines for Local Planning" and are intended to set forth a 1.31
basic format for the plans. These standards of review will be
considered by the commission in determining whether to approve or 1.32
disapprove local land use plans. The commission, in its review,
will also take into account all other considerations regarding 1.33
submission dates, content, and similar matters as outlined in
this Subchapter.
History Note: Statutory Authority G.S. 113A-110; 1.36
Eff. February 1, 1976, 1.37
Amended Eff. November 1, 1984; July 1, 1984; 1.38
September 1, 1979. 1.39
.0102 OBJECTIVES 1.41
.0103 POLICIES 7.42
.0104 STANDARDS 1.43
History Note: Sta tutory Authority G.S. 113A-107(a); 1.46
Eff. February 1, 1976; 1.47
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SECTION .0200 - LAND USE PLAN 1_56
.0201 INTRODUCTION 2.1
_(a) Land development generally takes place as the result of a 2.3
series of decisions by private individuals .and government. If 2.4
left entirely to chance, the resulting pattern of development in 2.5
a locality may well not be in the best overall community
interest. In order to promote thiscommunity interest for both 2.6
present and future generations, a land use plan is to be
developed, adopted and kept current by the local governments in 2.7
the coastal area.
1b) The land use plan is a framework that will guide local 2.8
leaders as they make decisions affecting development. Private 2.9
individuals and other levels of government will also use the plan. 2..10
to guide their land use decisions. Use of the plan by these
groups will lead to the more efficient and economical provision 2.11
of public services, the protection of natural resources, sound 2.12
economic development, and the protection of public health and
safety.
jc) Local governments, through the land use planning process, 2.13
address issues and adopt 2olicies that guide the development of 2.14
their community. Many decisions affecting development are made 2.15
by other levels of government, and local policies must take
account of and coincide with established state and federal 2.16
policies. Most decisions, however, are primarily of local
concern. By carefully and explicitly addressing these issues, 2.17
other levels of government will follow local policies that deal 2.18
with these issues. State and federal agencies will use the local
land use plans and policies in making project consistency, 2.19
funding and permit decisions. Policies which consider the type
of development to be encouraged, the density and patterns of 2.20
development, and the methods of providing beach access are 2.21
examples of these local policy decisions.
1d) The land use plan shall contain the following basic 2.22
elements: 2.23
(1) a summary of data collection and analysis, 2.25
(2) an existing land use map, 2.26
(3) policy discussion, 2.27
(4) a land classification map. 2.28
These four elements represent a minimum level of planning 2.30
necessary to fulfill the objectives of the Coastal Area 2.31
Management Act. Counties and municipalities are encouraged to
use these minimum guidelines as a foundation from which to 2.32
establish a more comprehensive planning and management process. 2.33
The land use plan itself should be a simple, clear plan. The
format and organization of the plan should enable users to find 2.34
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needed items quickly and easily. Each local government should
ensure that its land use plan meets the substantive requirements 2.35
of this Section, and still is not unnecessarily bulky, wordy,
etc.
History Note: Statutory Authority G.S. 113A-107(a); 2.38
Eff. February 1, 1976; 2.39
'Amended Eff. July 1, 1984; September 1, 1919. 2.40
.0202 DATA COLLECTION AND ANALYSIS 2_42
(a) Establishment of Information Base. 2.43
_(1) The data collection and analysis items detailed in this 2.45
Rule are designed to establish the information base 2.46
necessary to make policy choices about future _land use 2.47
and development in the community. They have been
formulated so as not to place unnecessary burden on the 2.48
local planning resources. The requirements can
generally be fulfilled by utilizing existing local 2.49
plans and studies as well as information provided by
regional planning bodies and state agencies. Those 2.50
counties and municipalities desiring to be more 2.51
detailed or comprehensive than these guidelines suggest
are encouraged to do so.
.12) The process suggested by the data collection and 2.52
analysis requirements of this Rule begins with an 2.53
examination of the present situation. An estimate is
then made of what land use demands are likely to be 2.54
placed on the planning area during the ensuing, not to
exceed, 10 year period, based upon population and 2.55
economic projections and upon local policies. The
implications of the projected future demands are then 2.56
examined and balanced against the suitability of the 2.57
lands within the local government's jurisdiction for
development and the capability of government to provide 3.1
basic public services and facilities. Each local
government should analyze how anticipated development
will affect the need for services such as water, sewer, 3.2
fire and police protection, schools, etc. Particular
attention should be paid to situations where local 3.3
government does not provide water or sewer and these
services are provided privately. In the absence of
public systems, potable water availability and soils 3.4
suitability for sewage disposal etc, must be
considered. This analysis should be linked closely 3.5
with policy development and land classification in each
plan.
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13) The summary of the data collection and analysis 3.6
prepared as part of the land use plan shall indicate 3.7
the manner in which the data was assembled and analyzed
along with a statement of the major conclusions. This 3.8
summary shall also provide an index showing where more 3.9
detailed information can be found in technical
appendices to the plan.
1b) Present Conditions. 3.10
j1) Present Population and Economy. A brief analysis of 3.12
the local population and economy shall be made 3.13
utilizing existing information. Particular attention
should be given to the impact of seasonal populations 3.14
and to economic activities which affect coastal land 3.15
and water resources.
12) Existing Land Use. Existing land use shall be mapped 3.16
and analyzed, with particular attention given to: 3.17
1A) significant land use compatibility problems; 3.19
SB) major problems that have resulted from unplanned 3.21
development, and that have implications for future 3.22
land use;
1C) an identification of areas experiencing or likaly 3.23
to experience changes in predominant land uses; 3.24
1D) during plan development local governments are 3.25
encouraged to use small scale, high detail maps. 3.26
These maps should be retained for local government
use. Maps included in the land use plans should 3.27
be of an appropriate scale and quality to be
easily interpreted and should contain a synthesis
of data gathered during plan development. 3.28
13) Current Plans, Policies and Regulations. This element 3.30
shall contain: 3.31
1A) a listing and summary of existing plans and 3.33
policies having significant implications for land 3.34
use, including at least transportation plans,
community facilities plans, utilities extension 3.35
policies, open space and recreation policies, and 3.36
prior land use plans and policies. This listing
and summary shall distinguish between studies and
other background documents and plans, ordinances 3.37
and policies which nave been adopted and are
currently being used and followed. This should
also include statements as to whether the local 3.38
government intends to participate in programs such
as the National Flood Insurance Program, etc.; 3.39
1B) a listing and brief description of the means for 3.40
enforcement of all existing local Land use 3.41
regulations; the following regulations shall be
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discussed, where applicable: zoning, subdivision,
floodway, building, septic tank, historic
district, nuisance, dune protection,
sedimentation, and environmental impact
ordinances, codes or regulations;
1C) a listing and summary of relevant state and
federal regulations affecting coastal land and
water resources _(to be provided by the Deoartmer.t
of Natural Resources and Community Development.)
Jc) Constraints; Land Suitability_ An analysis shall be made
of the general suitability of the undeveloped lands as identified
on the existing land use map within the planning area for
development, with consideration given to the following factors:
physical limitations for development, fragile areas, and areas
with resource potential. These factors shall be analyzed, and
where possible mapped, based upon the best information available.
The major purpose of this analysis is to assist in preparing the
land classification map.
11) Physical Limitations for Development. An
identification shall be made of areas likely to have
conditions making development costly or causing
undesirable consequences if developed. The following
areas shall be identified:
_(A) hazard areas, including man-made hazards (for
example, airports, tank farms for the storage of
flammable liquids, nuclear power plants) and
natural hazards (for example, ocean erodible
areas, and flood hazard areas); this
identification shall include the specific sources
of the data such as flood insurance maps, county
soils maps, etc.;
SB) areas with soil limitations, including the
following:
(i) areas presenting hazards for foundations;
(ii) shallow soils;
(iii) poorly drained soils;
_(iv) areas with limitations for septic tanks
including both areas that are generally
characterized by soil limitations, but within
which small pockets of favorable soils do
exist; and areas where soil limitations are
common to most of the soils present;
SC) sources and estimated quantit d
water
_(i)
(ii)
y an quality of
supply, including:
groundwater recharge areas
surficial),
public water supply watershed,
NORTH CAROLINA ADMINISTRATIVE CODE 02/11/85
3. 42
3.43
3. 44
3.45
3. 46
3.47
3.48
3.50
3.51
3.52
3. 5.3
3.54
3. 55
3.56
3. 57
4. 1
4.2
4. 4
4.5
4.6
4.7
4.8
4.9
4.11
4. 12
4. 13
4. 15
4.16
4. 17
4. 18
4.21
(bedrock and 4.23
4. 24
4.26
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NRSCD - COASTAL MANAGEMENT
12)
13)
(iii) wellfields;
1D) areas where the predominant
percent.
T15: 07B .0200
4.27
slope exceeds 12 4.30
Fragile Areas. An identification shall be made of
those areas which could easily be damaged or destroyed
by inappropriate or poorly planned development. The
following shall be considered (as defined in 15 NCAC
7H): coastal wetlands; sand dunes along the outer
banks; ocean beaches and shorelines; estuarine waters
and estuarine shorelines; public trust waters; complex
natural areas; areas that sustain remnant species;
areas containing unique geologic formations; registered
natural landmarks; and others such as wooded swamps,
prime wildlife habitats, scenic and prominent high
Points, archeologic and historic sites; etc. Special
emphasis should be given to other fragile areas which
are not offered protection by existing regulations.
Areas with resource potential, including: productive
and unique agricultural lands; potentially valuable
mineral sites; publicly owned forests, parks, fish and
gamelands, and other non -intensive outdoor .recreation
lands; privately owned wildlife sanctuaries. Prime
farmland shall be identified consistent with the
Governor's Executive Order Number 96 promoting
interagency coordination toward prime farmland
.preservation.
1d) Constraints; Capacity of Community Facilities. An
identification shall be made of:
11) existing water and sewer service areas;
12) the design capacity of the existing water treatment
plant, sewage treatment plant, schools, and primary
roads;
4.32
4.33
4.34
4.35
4.36
4.37
4. 38
4.39
4.40
4.41
4.42
4.43
4.44
4.46
4.47
4.48
4.50
4.51
13) the level (as a percentage) at which the existing water 4.53
treatment plant, sewage treatment plant, schools, and
primary roads are currently utilized;
14) the capacity of community facilities to supply existing 4.55
and anticipated demand. Counties containing barrier
islands and municipalities therein shall use the peak
seasonal population as a basis for public facility 4.56
planning and policy development.
(e) Estimated Demand: 5.1
11) Population and Economy. A population estimate for the 5.3
upcoming 10 years shall be made and used as the basis 5.4
for determining land and facilities demand and for
classifying land areas. Ten year population 5.5
projections will be provided by the Department of 5.6
Administration for use in making population estimates.
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Projections will be provided for counties and those 5.7
cities and towns having a population greater than
2,500. Accurate projections for those areas with a 5.8
population of less than 2,500 are not available and
must be developed by the local planning unit. The 5.9
projections provided by the Department of 5.10
Administration are based on prior trends with annual
updates. The local government may wish to use these 5.11
trend projections as its population estimates or to
modify them to include additional factors such as: 5.12
SA) seasonal population. Counties containing barrier 5.15
islands and municipalities therein shall use peak
seasonal population as a basis for public facility
planning and policy development. 5.16
_(8) local objectives concerning growth. To meet _the 5.18
intent of this item local governments shall
consider local plans and policies concerning
growth as identified in Rules .0202(b)(3) and 5.19
.0203 of this Section.
(C) forseeable social and economic change. 5.21
The Department of Administration population model is 5.23
capable of taking into account some of tnese 5.24
considerations and should be used where possible when
such further refinement is desired. If such refinement 5.25
causes a significant difference between the Department
of Administration population projections and the local 5.26
population estimate, the community shall explain the 5.27
reason for the difference. The Coastal Resources
Commission must approve such an estimate. 5.28
_(2) Future Land Need. To estimate the need for land for 5.29
residential structures and related services, the 5.30
population predictions must he examined in relation to
.present and future types of land development. The 5.31
estimated population increase should be distributed at 5.32
density levels which have been stated in the policies
described in .0203 of this Section and in line with the 5.33
land classification system outlined in .0204 of this 5.34
Section. These policies shall consider both past
development densities and patterns and the desired 5.35
future density and type of development.
S3) Community Facilities Demand. Consideration shall be 5.36
given to new facilities :which will be required by the 5.37
estimated population growth and the densities at which
the land is to be developed. 5.38
History Note: Statutory Authority G.S. 113A-107(a); 5.41
Eff. February 1, 1976; 5.42
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Amended Eff. July 1, 1984; September 1, 1979. 5.43
.0203 POLICY STATEMENTS 5.45
_(a) The plan shall contain statements of local policy on those 5.47
land use issues which will affect the community during the 10 5.48
year planning period. The issues shall include but not _be 5.49
limited to: resource protection, resource production_ and
management, economic and community development, continued public 5.50
participation and storm hazard mitigation. Local governments 5.51
should ensure to the greatest extent possible that there is 5.52
consistency among individual policies developed in each policy
category. Particular attention should be given to individual 5.53
policies in the resources protection, resources production and
economic and community development categories. For example, a 5.54
resource protection policy to "protect water quality in surface
waters" should be reflected in economic and community development 5.55
policies which would also affect surface water quality.
j1) Resource Protection: 5.56
jA) Local governments shall discuss each of the areas 6.1
of environmental concern located within its 6.2
jurisdiction and list the types of land uses which
it feels are appropriate in each type of area and 6.3
the reasons for including each lend use type. In 6.4
the same manner, the physical constraints to
development which exist within the planning
jurisdiction shall be analyzed [as set forth in 6.5
.0202(c) of this Section]. Compatible uses for 6.6
areas with cultural and historic value should also
be described. Such questions as the following .6.7
should be addressed: "What will be the benefits
which will accrue to the local government for 6.8
encouraging development or preservation of these
areas?" "What local, state, or federal protection 6.9
is needed for these areas?"
SB) As a minimum, the plan shall contain policy 6.10
statements on the fallowing resource protection 6.11
issues (if relevant) :
_(i) constraints to development (e.g., soils, 6.13
flood prone areas); to include an explicit 6.14
discussion of soil suitability/septic tank
use;
(ii) specific local resource development issues 6.15
relative to areas of environmental concern 6.16
designated under 15 NCAC 7H;
(iii) other hazardous or fragile land areas, 6.17
including but not limited to freshwater 6.18
swamps and marshes, maritime forests,
NORTH CAROLINA ADMINISTRATIVE CODE 02/11/85 7-9
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cultural and historic resources, and manmade 6.19
hazards. This discussion may be in terms of
the nomination procedure for areas of 6.20
environmental concern under Section .0500 of
15 NCAC 7H; this discussion should also
include local policy development to protect 6.21
those fragile areas which are not covered by
existing regulations and these policies can
also be reflected in land classification and 6.22
local ordinance;
(iv) hurricane and flood evacuation needs and 6.24
plans, as specified in Rule .0203 (a) (6) of
this Section;
(v) protection of potable water supply; 6.26
(_yi) the use of package treatment plants for 6.28
sevage treatment disposal can also be listed 6.29
under economic and community development
policies;
(vii) stormwater runoff associated with 6.30
agriculture, residential development, 6.31
Phosphate or peat mining and their impacts on
coastal ;wetlands, surface waters or other 6.32
fragile areas;
(viii) marina and floating home development; 6.34
(ix) industrial impacts on 'fragile areas; and 6.35
.(x) development of sound and estuarine system 6.38
islands.
(2) Resource Production and Management: 6.40
1A) Local governments shall discuss the importance of 6.42
agriculture, forestry, mining, fisheries and 6.43
recreational resources to the community. The most
productive areas shall be identified and values of 6.44
protecting these productive areas shall also be 6.45
discussed.
SB) As a minimum, the plan shall contain policy 6.46
statements on the following resource production 6.47
and management issues (if relevant):
(i) productive agricultural lands; 6.49
(ii) commercial forest lands; 6.50
(iii) existing and potential mineral production 6.52
areas; 6.53
(iv) commercial and recreational fisheries; 6.54
including nursery and habitat areas; 6.55
(v) off -road vehicles; and 6.57
(-vi) residential and commercial land development, 7.2
Peat or pnosphate mining and industrial 7.3
impacts on any resource.
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13) Economic and Community Development: 7,4
!A) Local governments shall discuss the types of 7.6
development which are to be encouraged. In this 7.7
instance, the term "development" shall include
residential, commercial, industrial and 7.8
institutional development. The plan shall
consider the costs and benefits of redevelopment 7.9
of older areas as well as the creation of new 7.10
subdivisions or industrial parks. In addition,
the capacity of existing facilities (land, 7.11
utilities, transportation, etc.) to service new
developments and the potential for establishing 7.12
new public support facilities (including costs and
financing methods) shall be discussed. 7.13
1B) As a minimum, the plan shall contain policy 7.14
statements on the following economic and community 7.15
development issues (if relevant)•
Si) types and locations of industries desired 7.17
(including discussion of specific sites or 7.18
standards for sites i❑ general);
(ii) local commitment to providing services to 7.19
development; 7.20
(iii) types of urban growth patterns desired 7.21
(including policy regarding development away 7.22
from existing urban clusters);
(iv) redevelopment of developed areas; 7.23
Iv) commitment to state and federal programs in 7.25
areas (including erosion control, public 7.26
access, highway improvements, port
facilities, dredging, military facilities, 7.27
etc.) ;
(-vi) assistance to channel maintenance and beach 7.28
nourishment projects jincluding financial 7.29
aid, provision of borrow and spoil areas,
provision of easements for work); 7.30
(vii) energy facility siting and development; 7.32
(viii) tourism and beach and waterfront access; 7.33
(ix) coastal and estuarine water beach access 7.35
Swhich could include urban waterfront 7.36
access). Policies on type and location
should be based on an inventory of all
publicly owned properties, to include street 7.37
ends, appropriate for access development, all
privately owned parcels appropriate for 7.38
access development, privately owned parcels
and where access occurs customarily. These
access areas shall provide for the diverse 7.39
NORTH CAROLINA ADMINISTRATIVE CODE 02/11/85 7-11
B-10

I
NRECD - COASTAL MANAGEMENT
T15: 07B .0200
needs of the permanent and peak seasonal
populations as well as day visitors;
1x) types, densities, location.; units per acre 7.41
etc. of anticipated residential development
and services necessary to support such
development.
1C) In addition to specific policy statements on
issues listed in this Paragrapn, local governments
should pay particular attention in policy
development to observed land use trends such as:
in inland areas significant changes from lower
intensity to higher intensity uses, agricultural
and forest uses to residential or commercial, or
from forest to agricultural. Land use trends in
estuarine, river and sound areas include
residential waterfront development and increases
in density of waterfront residential uses; marina
development and expansion, floating homes and
public and private services provided to support
higher intensity uses. Oceanfront and barrier
islands should address the adequacy of existing
and planned transportation routes, bridges, water
and sever systems, and other carrying capacity
features and local ordinances to accommodate
expected and potential changes in land use
intensities and overall growth.
14) Continuing Public Participation. Local governments
shall discuss the means by which public involvement in
planning matters will be encouraged. The public
involvement policies shall be consistent with the
concepts set forth in .0207 of this Section. As a
minimum, the plan shall address the following public
participation issues:
1i) description of means to be used for public
education on planninq issues, and
(ii) description of means to be used for
continuing public participation in planning.
_(5) The Coastal Resources Commission in consultation with
the local governments, may .specify other specific
issues that must be addressed in particular local land
use plans.
16) Storm Hazard Mitigation, Post -Disaster Recovery and
Evacuation Plans:
1A) Storm Hazard Mitigation policies which include the
following elements are required as part of the
land use plan:
NORTH CAROLINA ADMINISTRATIVE CODE 02/11/85 7-12
7.43
7.44
7.46
7.47
7.48
7. 49
7. 50
7.51
7.52
7.54
7.55
7.56
7. 57
8. 1
8. 2
8.3
8.4
8.6
8.7
8.8
8. 9
8.12

NR&CD - COASTAL MANAGEMENT
T15: 07B .0200
li) A composite hazards map and brief narrative 8.14
description of hazardous areas located within 8.15
the planning ' jurisdiction including all
AEC'S, flood zones, and other hazard areas of
8.16
importance. The ma.p and description shall
8.17
be prepared in accordance with the principles
outlined in "Before the Storm: Managing
8.18
Development to Reduce Hurricane Damages";
"IcElyea, Brower and Godschalk, 1982.
(ii)
An inventory and analysis of the existing
8.20
uses of the land and structures in hazard
areas shall be completed. The intent of this
inventory is to put into perspective the
8.21
level of existing development within
hazardous areas. It is designed to portray
for local governments what portion of their
8.22
population, housing, commercial
establishments, tax base, etc. may be subject
to damage as a result of being within a
8.23
hazardous area.
liii)
A description of the relative severity and
8.25
type of risk or risks and an indication of
8.26
the monetary value of the losses that might
8.27
be sustained ih each of the hazard areas.
8.28
(iv)
Hazard mitigation policies which apply to all
8.30
hazard areas, including both public and
8.31
private facilities. In developing these
policies, local government should consider
8.32
the following;
11) separate policies which deal with
8.34
the effects of high winds,
8..35
flooding, wave action and erosion
for those hazard areas where such
forces may be expected;
(II) means of dealing with structures
8.36
and uses which do not conform to
8.37
the hazard mitigation policies;
(III) means of encouraging hotels,
8.38
restaurants, and similar large
8.39
commercial structures to locate
outside of erosion -prone areas.
UV) policies which deal with the
8.40
acquisition of parcels located in
8.41
hazard areas or rendered
unbuildable, for the purpose of
public access.
NORTH CAROLINA ADMINISTRATIVE CODE 02/11/85
7- 13
B-12

APPENDIX C
COMMUNITY SERVICE WORK PROGRAM CONTACTS

Ms. Jan Blake, Community Service Specialist
Department of Crime Control and Public Safety
Division,of Victim and Justice Services
Raleigh, NC
[phone]
COUNTIES
Camden, Chowan, Currituck
Dare, Gates, Pasquotank,
Perquimans
NAMF. AND ADDRESS
PHONE NUMBERS
Betty R. Heath - Coord. [phone]
Barbara A. Woods - Coord.
Linda Phillips - Asst. Coord.
P. 0. Box 276
Elizabeth City, -NC 27909
Beaufort R. Lavern Mayo - Coord. [phone]
1st. Floor
Beaufort County Courthouse
Washington, NC 27889
Hyde, Tyrrell, Michael E. Bryant - Coord. [phone]
Washington Main Street
Martin County Courthouse
Williamston, NC 27893
David Peel - Asst. Coord. [phone]
2nd Floor
Washington County Courthouse
Plymouth, NC 27962
Craven Tami Kernen - Coord. [phone]
Debra H. Adams - Asst. Coord.
P. 0. Box 605
Greenville, NC 27834
Carteret, Pamlico Sharon L. Cox - Coord. [phone]
Route 1, 107 Safrit Drive
Beaufort, NC 28516
Bertie, Hertford Robert L. Holloman - Prg. Mng. [phone]
Carolyn Moore - Sec.
P. 0. Box 145
Winton, NC 27986
C-1

Mr. Howard Davis, Community Service Specialist
Department of Crime Control and Public Safety
Division of Victim and Justice Services
Raleigh, NC 27611
[phone]
COUNTIES
NAME AND ADDRESS
PHONE.
NUMBER
Onslow
Marilyn Padgett - Coord.
(919)
455-2931
Jacqueline K. Ames - Asst. Coord.
39 Tallman Street
Jacksonville, NC 28540
New Hanover, Pender
Kathy K. Campbell - Coord.
(919)
341-7159
Yvonne Grant - Coord.
414 Chestnut Street
Suite 301
Wilmington, NC 28401
Brunswick
Mary (Libby) Phelps - Coord.
(919)
253-6775
P. 0. Box 249
Brunswick County Courthouse
Bolivia, NC 28422
C-2

APPENDIX D
TAX CREDITS FOR DONATED PROPERTIES

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1983
RATIFIED BILL
CHAPTER 793
HOUSE BILL 230
AN ACT TO PROVIDE AN INCOME TAX CREDIT FOR CERTAIN REAL
PROPERTIES DONATED FOR CONSERVATION PURPOSES-
-The General Assembly of North Carolina enacts:
Section 1. Division I oZ Article 4 of Chapter 105 is
amended by adding a new section to read:
"4 105-130.34. Credit for certain real -property -donation
s.--
(a) Any corporation that makes a qualified donation of interest
in real property located in North Carolina during the taxable
year that is useful for public beach access or use, public access
to public waters or trails, fish and wildlife conservation, or
other similar land conservation purposes, shall be allowed a
credit against the taxes imposed by this Division equal to
tventy-five percent (25%) of the fair market value of the donated
property interest. To be eligible for this credit, the interest
in real property must be donated to and accepted by either the
State, local government or a body that is both organized to
receive and administer lands for conservation purposes and is
qualified to receive charitable contributions pursuant to G.S.
105-130.9; provided, however, that lands required to be dedicated
pursuant to local governmental regulation or ordinance and
dedications made to increase building density levels permitted
under such regulations or`ordinances shall not be eligible for
this credit. The credit allowed under this section may not
exceed five thousand dollars (E5,000). To support the credit
allowed by.this section, the taxpayer shall file with its income
tax return for the taxable year in which the credit is claimed, a
certification by the Department of Natural Resources and
Community Development that the property donated is suitable for
one or more of the valid public benefits set forth in this
subsection.
(b) The credit allowed by this section may not exceed the
amount of tax imposed by this Division for the taxable year
reduced by the sum of all credits allowed under this Division,
except payments of tax made by or on behalf of the taxpayer.
(c) Any unused portion of this credit may be carried forward
for the next succeeding five years.
(d) The fair market value, or any portion thereof, of a
qualifying donation that is not eligible for a credit pursuant to
this section may be considered as a charitable contribution
_ pursuant to G.S. 105-130.9. That portion of the donation allowed
as a credit pursuant to this section shall not be eligible as a
charitable contribution."
Sec. 2. G.S. 105-130.9 is amended to add a new
subsection to read:
"(4) That portion of a contribution that is claimed as a tax
credit pursuant to G.S. 105-130.34 shall not be eligible for a
dehAuction pursuant to this section."
i
D-

Sec_ 3. Division II Article 4 of Chapter 105 is amended
by adding a new section to read:
114 105-151.12. Credit for certain real property donation
(a) Any person that makes a qualified donation of interests in
real property located in North Carolina daring the taxable year
that is useful for public beach access or use, public access to
public waters or trails, fish and wildlife conservation, or other
similar land conservation purposes, shall be allowed a credit
against the taxes imposed by this Division equal to twenty-five
percent (25%) of the fair market value of the donated property
interest. To be eligible for this credit, the interest in
property must be donated to and accepted by either the State,
local government or a body that is both'orgasized to receive and
administer lands for ccnses:vat].Oz pciLposes and is qualified to
receive charitable contributions pursuant to G.S. 105-147(.15) or
(16); provided, however, that lands required to be dedicated
pursuant to local governmental regulation or ordinance and
dedications made to increase building density levels permitted
under such regulations or ordinances shall not be eligible for
this credit. The credit allowed under this section may not
exceed five thousand dollars ($5,000)_ To support the credit
allowed by this section, the taxpayer shall file with the income
tax return for the taxable year in which the credit is claimed, a
certification by the Department of Natural Resources and
Community Development that the property donated is suitable for
one or more of the valid public benefits set forth by this
subsection.
(b) The credit allowed by this section may not exceed the
amount of tax imposed by this Division for the taxable year
reduced by the sum of all credits allowed under this Division,
except payments of tax made by or on behalf of the taxpayer.
(c) Any unused portion of this credit may be carried forward
for the next succeeding five years.
(d) The fair market value, or any portion thereof, of a
qualifying donation that is not eligible for a credit pursuant to
this section may be considered as a charitable contribution
pursuant to G.S. 105-147(15) or (16). That portion of the
donation allowed as a credit pursuant to this section shall not
be eligible as a charitable contribution.
(e) In the case of property owned by the entirety, where both
spouses are required to file North Carolina income tax' returns,
each spouse may claim one half of the credit allowed by this
section or one spouse may claim the entire credit allowed by this
section by agreement with the other spouse, provided both spouses
were living together at the end of the taxable year and file
their separate returns for the taxable year on the combined form.
Where only one spouse is required to file a North Carolina income
tax return, such spouse may claim the credit allowed by this
section."
Sec. 4. G.S_ 105-147(15) and G.S. 105-147(16) are
amended by adding a sentence at the and thereof to read:
"That portion of a contribution that is claimed as a tax credit
pursuant to G.S_ 105-151.12 shall not be eligible for a deduction
pursuant to this subsection."
i�a

Sec. 5. This act is effective for taxable years
beginning on and after January 1, 1983.
In the General Assembly read three times and ratified,
this the 18th day of July, 1983.
DAMES C..GREEN
James C. Green
President of the Senate
LISTON B. RAMSEY
Liston B. Ramsey
Speaker of the House of Representatives
D-3

15 NCAC 1G - TAX CREDIT CERTIFICATION OF REAL PROPERTIES DONATED
FOR CONSERVATION PURPOSES
.0001 PURPOSE AND SCOPE
The regulations in this Subchapter establish procedures for the
certification of conservation value and public benefit of property
to be donated to the State, local governments, or qualified
environmental organizations for tax credit purposes. The North
Carolina Department of Natural Resources and Community Development
(Department) shall be the certifying agency by:
(1) determining that property proposed for donation has con-
servation value and public benefit; and
(2) providing an official certification form to the donor for
-_ offered properties giving recognition that they are
qualified for a tax credit.
History Note: Statutory Authority G.S. 105-151.12(a);
105-130.34;
Effective
.0002 DEFINITIONS
For the purpose of this Subchapter:
(1) "Conservation Value" means potential for the preservation,
enhancement, and appropriate conservation use of the
State's natural resources.
(2) "Donated Property" means interest in real property located
in North Carolina contributed to the state, local
government, or qualified environmental organization for
conservation and which provides a perpetual public benefit.
(3) "Public Benefit" means public beach access or use, public
access to public waters or trails, fish and wildlife
conservation, or other similar land conservation purposes.
(4) "Qualified Environmental Organization" means, a group of
individuals that is chartered for the preservation and
conservation of the environment and natural resources in
the state. The group must be organized to receive and
administer lands for conservation purposes and qualified to
receive charitable contributions.
(5) "Recipient" means a unit of State or local government, or a
qualified environmental organization that receives
property of conservation value for its perpetual public
benefit.
(6) "Donor" means a North Carolina tax payer who contributes
property of conservation value and receives a tax credit
for his contribution.
(7) "Certification" means an approval from the Department that
a proposed donation is suitable and will continue to
fulfill stated conservation purposes.
History Note: Statutory Authority G.S. 105-151.12(a);
105.130.9; 105-147(15); 105-147(16);
D-4

Effective
.0003 PARTICIPATING DIVISIONS
Department Divisions that have the greatest expertise in
determining that a proposed donation has conservation value shall
conduct certification investigations and may travel to the
property and making site evaluations. Agencies outside NRCD may
be asked to assist in such evaluations when they possess needed
expertise that is not otherwise available. Depending upon the
complexity of the area or the number of conservation values under
- consideration, one or more of the designated Divisions or agencies
will conduct the investigation. The designated Divisions and
their respective areas of concern are as follows:
-- (1) Division of Environmental Management - Stream Watch, and
201/greenways;
(2) Division of Forest Resources - Forestry;
(3) Division of Land Resources - mining, reclamation, unique
geologic areas, dams, and erosion control;
(4) Division of Marine Fisheries - wetlands, and coastal
waters;
(5) Division of Parks and Recreation - parks, trails, rivers,
natural areas and rare species habitats, and open space;
(6) Division of Soil and Water Conservation - multiple use
watershed projects;
(7) Office of Coastal Management - shorefront and beach access,
wetlands, dune lands, and estuarine sanctuaries;
(8) Office of Legal Affairs - review of attorney's certificate
of title, and qualification of recipients;
(9) Office of Water Resources - civil works projects, water -
based recreation facilities, and mitigation; and
-- (10) Wildlife Resources - terrestrial and aquatic habitat
protection, and boating and hunting access.
These and other Divisions may be consulted on areas of concern as
appropriate given the unique characteristics 'of a proposed
donation.
History Note: Statutory Authority G.S. 105-130.34;
105-151.12;
Effective
.0004 APPLICATION: CERTIFICATION
(a) An application for certifying conservation -valued property
for tax credit may be obtained by writing or calling the Assistant
Secretary of Natural Resources, North Carolina Department of
Natural Resources and Community Development, Post Office Box
27687, Raleigh, North Carolina 27611 [phone]. The potential
donor will then submit the completed application to the Assistant
Secretary with those attachments necessary to provide sufficient
information and allow for review and site investigation.
(b) The Assistant Secretary will circulate the completed
application to the appropriate divisions in the Department and
other agencies for certification evaluation and recommendations.
(c) If the property can be certified as having conservation
value, then the Assistant Secretary shall send the applicant a
D-5

completed tax credit certificate including notice of any
conditions that must be met to fulfill the requirements of the
enabling statute and related laws before the certification becomes
valid. If the property cannot be certified for a tax credit, the
Assistant Secretary shall notify the applicant of the reasons.
History Note: Statutory Authority G.S. 105-130.34;
105-130.9; 105-151.12;
Effective
.0005 TIMING
(a) The Assistant Secretary will consider all recommendations
and will make every effort to reach a final decision to certify or
_ deny certification of property for tax credit purposes within 60
days from receipt of the completed application. In a case where
the number of applications exceeds the Department's ability to
reach expeditious decisions, the applicants shall be notified of
potential delays.
(b) When seeking certification prior to donation, the
application for certification must be submitted to the Assistant
Secretary four months prior to the close of the doners tax year to
_ assure time for certification and donation.
(c) When seeking certification after donation, the application
for certification must be submitted to the Assistant Secretary no
later than the close of the doners tax year to assure time for
certification to be applied to that tax year.
History Note: Statutory Authority G.S. 105-130.34;
105-130.9; 105-151.12;
Effective
.0006 RECONSIDERATION OF APPLICATION
(a) If the Assistant Secretary does not certify the property,
the applicant may request a reconsideration meeting where
additional evidence of the property's conservation value and
public benefit may be presented.
(b) Such request for a reconsideration meeting shall be made to
the Assistant Secretary in writing, no later than twenty days
after notification that the certification has not be made.
(c) A request for reconsideration under this Rule shall not be
considered a contested case under G.S. 150A-2(2).
• History Note: Statutory Authority G.S. 105-130.34;
105-130.9; 105-151..12;
Effective
D-6

Form PDP - 1 DRAFT
APPLICATION FOR TAX CREDIT CERTIFICATION
Section 1 - APPLICATION (for donors tax year ending , 19 )
Name of Donor (include names of all owners of interest and their
tax identification numbers)
Address
Phone (daytime)
Name, Address, and daytime phone number of Contact person if multiple
owners or if different from Donor:
Location of Property to be donated (include copy of deed, note name
and number of roads upon which property has frontage or access, loca-
__ tional maps, and site maps):
Description of the Property to be donated (include acreage, current
useage, vegetation cover):
List all liens and easements of record or other encumbrances (include
deed book references and description, or copies of documents):
Proposed Future Use or Purpose of Donated Property:
Type of Interest to be donated and any restrictures or reservations
contained in deed to donee:
Proposed Recipient (including name and telephone number of recipient
contact if property has already been offered or accepted):
Status of donation (please check):
Donation has been completed with transfer to recipient
Acceptance approved by recipient but awaiting transfer
Donation offered and awaiting decision by recipient
Donation has not been offered to any recipient
Other (explain)
D-7

Attach copies of:
(1) copy of charter of donee; if not a local government unit or
State of North Carolina
(2) certificate of title by attorney
Value of Property proposed for donation is estimated to be $
(Note: This does not have to be an appraised value and .is for
administrative use only; it has no effect on the final appraised
value for charitable contribution or tax credit.)
I affirm that the property proposed for donation is not required
to be dedicated pursuant to local government regulation or ordinance,
-- or dedicated to increase building density levels under such regula-
tions or ordinances.
Further, I authorize officers/employees/agents of the North Carolina
Department of Natural Resources and Community Development to enter
my property to conduct on -site investigations for the purpose of.
determining tax credit eligibility. I agree to provide additional
documentation requested by the Department of Natural Resources and
Community Development.
SIGNATURE OF DONOR OR INDIVIDUAL WITH DATE
POWER OF ATTORNEY FOR OTHER OWNERS OF
INTEREST
SIGNATURE OF OTHER OWNERS OF INTEREST DATE
WHERE NO ONE HAS POWER OF ATTORNEY
M

Tax consequences of donating real property to the state
with a view to the special problems of those taxpayers
making donations because of CAMA regulations.
1. Is it deductible?
The first hurdle a taxpayer must overcome in taking a charitable deduction
involves the issue of whether or not the recipient of his gift is a proper
subject. Due to the plain language of §170 (c)(1) of the Internal Revenue
Code, the state agent who is soliciting,a gift of land for the beach access
program can safely say, "It's deductible." The amount of the deduction is,
however, a more complicated issue.
2. Amount of deduction?
If the property is a capital asset and has been in the owner's hands for
a year or longer, the deduction is equal to the fair market value of the
property. If the property has been held for less than a year, the deduc-
tion can be no more than the owner's basis in the property; which, in the
- case of unimproved land,.is the amount he paid for it. If the property
was a gift to the owner from a living donor, the owner takes the donor's
basis. If it was a bequest, the owner's basis is the fair market value
of the land at the time of the death of the previous owner. The possi-
bility that the land may not be a capital asset arises if the owner is in
the business of buying and selling land. In that case, the result is a
deduction of no more than basis only even if the holding period exceeded
one year.
3. What is fair market value?
Fair market value is defined in the Code as the price at which the prop-
erty would change hands between a willing buyer and a willing seller when
neither is under any compulsion to act and when both have knowledge of
the relevant facts. Revenue Procedure 66-49 speaks directly to the issue
of valuation and should be examined by the taxpayer considering a chari-
table deduction. Revenue Procedure 66-49 gives the following advice on
how fair market value is to be determined.
"As to the measure of proof in determining the fair market value, all
factors bearing on value are relevant ."
If a beach lot has been zoned so that nothing can be built upon it, it
is difficult to imagine a credible argument supporting the position that
this fact should not be considered in determining fair market value.
- Thus, if the taxpayer valued his unbuildable donated property at the rate
applied to buildable oceanfront property, the valuation would certainly
be open to an IRS attack.
4. Could a sale to the state produce a better tax result than'an outright
gift?
This option should be considered when the property has suffered a substan-
tial decrease in value. An example would be the oceanfront lot purchased
D-9

-z-
for $50,000 that is now virtually worthless because of beach erosion,
ocean setback laws, or a combination of these two factors. If this lot
was sold for its current market value of;$1,000, the owner would suffer
a capital loss of $49,000, which is a considerably better tax write-off
than a $1,000 charitable deduction. After being applied to offset any
capital gain, this loss can be used to shelter ordinary income in the
amount of $3,000 per year until the loss is used up. (If the loss is long
term, it takes $6,000 of loss to shelter $3,000 of ordinary income. Short
term loss can be applied on a dollar to dollar basis.) The potential donor
who decides to sell instead should take two precautions to make sure the
transaction is locked in as a sale. First, the price should approximate
fair market value. The transaction should not look like a sham. Second,
the owner should not make a gift of the price paid for the land to the
state. Such generosity could cause the IRS to combine the two transactions
into one result: a gift of land to the state entitled to a charitable
deduction only.
5. What is the effect of a bargain sale to the state?
A bargain sale would occur when property is sold to the state for less
than its fair market value. This transaction is treated as part sale
and part contribution. It could be quite useful when the potential donor
wishes to make a contribution of less than the land's total value. In
the case of real property, the charitable deduction is equal to the dif-
ference between the price received and the fair market value. In the
case of appreciated property, the basis of the property must be reduced
by the same ratio as that of the fair market value to the selling price
when computing the capital gain.
Conclusion and caveats
In conclusion, the potential donee should make sure he has a credible
appraisal of the value of the gift. In the case of appreciated property,
a straight charitable contribution is the best way to make the gift, but
it should be remembered that the amount of the charitable deduction can
be no more than 50% of the taxpayer's adjusted gross income. The excess
can be carried over for five years, however. If the property has de-
preciated, sale to the state at fair market value may produce a better
tax result. This analysis applies to vacant, unimproved land. Commer-
cial property, land subject to depreciation allowances, and property
that has been improved bring up more complicated considerations.
D-10

APPENDIX E
MODEL LAND DEVELOPMENT

MODEL LAND DEVELOPMENT REGULATIONS
ARTICLE 1. PURPOSE. The purpose of this Ordinance is to set forth certain
regulations pertaining to land development within the Town, which regulations
-- shall be in addition to all other applicable building, subdivision, zoning and
other regulations established by Town Ordinance. This Ordinance shall apply
to, and be enforced in, all areas of the Town, and no person shall develop land
anywhere in the Town except in conformity with this Ordinance and other
applicable regulations of the Code of Ordinances and amendments thereto.
ARTICLE 2. PUBLIC ACCESS DEDICATION.
Section 1. Purpose. This Ordinance is enacted to insure that future land
development within the Town provides for public access to the Atlantic
Ocean and the Sound. This Ordinance may be cited as the "Public Access
Ordinance" of the Town of Sandy Shores, North Carolina.
Section 2. Definitions. For the purpose of this section:
a) "Developer" shall mean any person undertaking any development as
defined in this section.
b) "Development" shall mean any subdivision, whether or not the
recording of a plat is required; any horizontal condominium; and any
multiple dwelling unit residential building, including, but not
limited to, apartments, condominiums, hotels, motels, special
planned developments, planned unit development, and group develop-
ment projects. Development shall also mean any commercial or
industrial building or structure. The term shall, when appropriate
to the context, include the act of establishing or creating any of
the foregoing or the result of such activity.
c) "Public Accessway" shall mean a piece of land transferred to public
use for access to the Atlantic Ocean or Sound. Public accessways
may be dedicated by right-of-way, perpetual easement, or fee
simple title transfer.
Section 3. Requirements. As a condition of development, the developer shall
dedicate land, pay a fee in lieu thereof, or combination of both, at the option
of the Town Board of Commissioners, for public access at the time and according
to the standards and formula in this section.
Section 4. General Standard, Formula.
a) It is hereby found and determined that the public interest, conven-
ience, health, welfare and safety require that public access to the
Atlantic Ocean and the Sound be provided at the regular interval of
500 feet.
b) Formula for dedication of land: To determine the number of public
accessways to be dedicated with the general standard of one public
accessway per five hundred (500) lineal feet of shoreline, the
following formula shall be use:

Lineal feet _ 500 = of shoreline Number of accessways
The number of lineal feet of shoreline for any proposed development
shall be measured along the mean high water line.
c) Fractions of public accessways shall be converted for fee payment, as
provided by formula herein.
Section 5. Formula for Fees in Lieu of Public Accessway Dedication. If it is
determined that no public accessway is to be located in whole or part within
the proposed development to serve immediate or future needs of the residents,
the developer shall, in lieu of dedication, pay a fee. This fee shall be equal
to the value of the land acreage and required improvements as determined herein
for dedication.
Section 6. Use of Money. The monies collected hereunder shall be placed in a
reserve account within the general fund which shall be known as the Reserve for
Public Accessways. Monies within the reserve account shall be used and
expended solely for the acquisition, improvement, expansion or implementation
of public accessways. Said monies, as they relate to fees paid for any given
development, shall be used first for the purpose of providing public accessways
reasonably related to serving said development by way of the purchase of
necessary land and improvements; or if adequate public_ access exists in the
area, the monies may be spent to acquire or improve public access as needed at
any location in the Town.
Section 7. Amount of Fee in Lieu of Public Accessway Dedication. Where a fee
is required to be paid in lieu of public accessway dedication, the amount shall
be based upon the fair market value of the amount of land and improvements which
would otherwise be required to be dedicated. The Town Appraiser shall
determine the fair market value of the land in the proposed development, and
this determination shall be used in calculating the fee to be paid. If a
developer objects to the fair market value determination, he may, at his own
expense, obtain an appraisal by a qualified real estate appraiser approved
by the Town, which appraisal of fair market value may be accepted by the Town
Board of Commissioners. Alternatively, the Town and the developer may agree as
to the fair market value.
Section 8. Determination of Land or Fee. The Town Board of Commissioners shall
determine whether to accept public accessway dedication, require payment of a
fee in lieu thereof, or combination of both, after consideration of the
following:
a) Topography, geology, access and location of land in the development
available for dedication;
b) Location relative to residential population concentration;
c) Size and shape of the development and land available for dedication;
d) The feasibility of dedication;
e) Availability and proximity of previously acquired public accessways;
f) Consistency with the Land Use Plan.
E-2

Section 9. Credit for Private Accessways. Where private accessways are
provided in a proposed development and such space is to be privately owned and
maintained by the future residents of the development, credit may be given
against the requirement of public accessway dedication or payment of fees in
lieu thereof. The Town Board of Commissioners must find it is in the public
interest to do so and that all of the following standards are met:
a) The private ownership and maintenance of the accessway is adequately
provided for by recorded written agreement, conveyance or restric-
tions;
b) The perpetual use of the private accessway shall be restricted for
accessway purposes by recorded covenant, which runs with the land in
favor of the future owners of property and which cannot be deleted
or eliminated without the consent of the Town or its successor;
c) The proposed private accessway is reasonably adaptable for use for
public and accessway purposes, taking into consideration such fac-
tors as size, shape, topography, geology, access and location;
d) Facilities proposed for the private accessway are in substantial
accordance with the provisions of this ordinance; and
e) The accessway for which credit is given meets accessway needs of all
existing and future residents of the area.
Section 10. Procedure.
a) In the case of a subdivision for which a plat is required to be
recorded, as a condition of preliminary plat approval, the developer
shall agree in writing to dedicate public access, pay a fee in lieu
thereof, or combination of both, at the option of the Town, according
to the standards and formula in this section. A recommendation from
the Planning Board shall be forwarded to the Town Board of Commis-
sioners.
At the time of approval of the preliminary subdivision plat, the Town
shall determine the number of public accessways to be dedicated or
fees to be paid by the developer.
At the time of filing of the final subdivision plat, the developer
shall dedicate the public accessways, pay the fees as previously
determined by the Town Board of Commissioners, or furnish a bond in
the amount of one hundred ten (110) percent of the fees which shall
become a lien upon the property and shall be paid upon issuance of
the first certificate of occupancy or the transfer of title to any
parcel or unit of the land or improvements thereto.
b) In the case of a development for which a plat is not required to be
recorded, the developer shall dedicate public accessways, pay a fee
in lieu thereof, or combination of both, prior to the issuance of a
building permit. The determination of public accessway dedication,
fee payment in lieu thereof., or combination of both, shall be made by
the Town Board of Commissioners after consideration of the recom-
mendation of the Planning Board. A bond may be furnished, in lieu of
E-3

fee, in the amount of one hundred ten (110) percent of the fee, which
shall be paid upon the issuance of the first certificate .of occupancy
or the transfer of title to any parcel or unit of the land or
improvements thereto, as described in paragraph a) of this section.
Section 11. Public Accessway Character and Development.
a) adhere a public accessway is required, it shall be at least fifty (50)
feet wide. When in the opinion of the Town Board of Commissioners it
is desirable, two or more required public accessways may be placed
side by side.
The length of the public accessway shall be as long as necessary to
run from the public intertidal zone to the nearest improved public
street right-of-way.
The location of the public accessway shall be at the discretion of
the Town Board of Commissioners with consideration of the following:
1) The impact on the layout of the proposed development;
2) The length necessary to accomplish the purposes of this ordi-
nance;
3) The preservation of unique or valuable natural or historic fea-
tures; and
4) The need for access at regular intervals for public safety pur-
poses.
b) Where a public accessway is required, it shall be developed with the
following:
1) Stabilized, hard -surfaced parking spaces, access aisle, and
turn -around for as many vehicles as practical between the
nearest improved right-of-way and the land side of the primary
dune.
2) A trash receptacle, freshwater shower/drinking, fountain,
planting strips, changing enclosure and rest room and directional
signs indicating public beach/sound access.
3) A raised walkway structure across the primary dune. Said
walkway shall be designed according to accepted practices to
minimize pedestrian impact on sensitive dune elements.
4) Other reasonable improvements as determined appropriate and in
the public interest by the Board of Commissioners.
E-4

LIST OF REFERENCES
Brower, David J., et al. 1978. Access to the Nation's Beaches: Legal and
Planning Perspectives. Raleigh: UNC Sea Grant.
This book reviews laws affecting ownership and use of coastal beaches
with particular attention given to North Carolina. In addition, issues
related to beach access planning and legal tools for preserving,
perfecting and acquiring beach access are presented.
Ducker, Richard. 1982. Dedicating and Reserving Land to Provide Access
to North Carolina Beaches. Chapel Hill: UNC Institute of
Government.
This book presents a very detailed review of the legal means by which
municipal and county governments can pursue access dedication. A careful
review of the legal principles is presented as well as examples of their
application in North Carolina.
Graetz, Karl E. 1973. Seacoast Plants of the Carolinas. Raleigh: UNC
Sea Grant.
This book reviews coastal environmental factors affecting plant
growth and survival. In addition, it cites types of vegetation suitable
for use on barrier islands and detailed installation instructions.
Hammond, Henry C. 1984. Pedestrian Beach Access Crosswalks for Onslow
County Parks and Recreation Department. Raleigh: By the Author.
This report critiques three types of dune crossovers currently in use
in North Carolina and makes recommendations regarding the best type of
dune crossover to construct. Detailed construction drawings and material
specifications are presented.
Mace, Ronald L. and Laslett, Betsy, eds. 1977. An Illustrated Handbook
of the Handicapped Section of the North Carolina State Building Code.
Raleigh: North Carolina Department of Insurance.
This handbook presents minimum design requirements to make new and
remodeled structures usable and accessible to handicapped individuals. In
addition to code requirements, preferred alternative solutions are also
cited. This handbook is particularly helpful for required beach access
ramp and restroom design features.

Recreation and Park' Consultants, Inc. 1979. Ocean and Estuarine
Recreation Access. Raleigh: By the Author.
This report was prepared for Carteret County to assist county
officials in planning and providing for future public access
opportunities. Much discussion is devoted to the development of standards
for publicly owned and/or operated water access areas or waterfront parks
(p. 67). The report is prepared with an eye for detail and analysis and
provides a valuable inventory of material upon which to base access
project decisions.
Roe, Charles E. 1984. The Landowner's Options for Natural Heritage
Protection (Draft). Raleigh: North Carolina Natural Heritage
Program.
This booklet is a guide to land protection techniques available in
North Carolina. It reviews land donations, sales and easements and
presents detailed information regarding tax benefits and deductions.
Seltz, Johanna. 1976. The Dune Book. Raleigh: UNC Sea Grant.
This short pamphlet discusses the natural resource value of dune
preservation and techniques to use in dune restoration. Vegetation types
and planting instructions are also cited.

COASTAL MANAGEMENT OFFICES
Division of Coastal Management
North Carolina Department of Natural Resources
and Community Development
P.O. Box 27687
Raleigh, NC 27611-7687
919/733-2293
Southern
Coastal Management Field Services
North Carolina Department of Natural Resources
and Community Development
7225 Wrightsville Avenue
Wilmington, NC 28403
919/256-4161
Central
Coastal Management Field Services
North Carolina Department of Natural Resources
and Community Development
P.O. Box 769
Morehead City, NC 28557
919/726-7021
Northern
Coastal Management Field Services
North Carolina Department of Natural Resources
and Community Development
1502 N. Market Street
P.O. Box 1507
Washington, NC 27889
919/946-6481
Northeastern
Coastal Management Field Services
North Carolina Department of Natural Resources
and Community Development
108 S. Water Street
Elizabeth City, NC 27909
919/338-1558