HomeMy WebLinkAboutOIB_04-60_Town of Ocean Isle BeachWiRO for Ocean Isle Bch
Local Government
0111 # 04-60
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management"
Issued to The Town of Ocean Isle Beach, authorizing development in an Ocean Hazard Area of Environmental
Concern (AEC) at _Leland Street between East First and East Second Street, Ocean Isle in Brunswick County
as requested in the permittee's application, dated March 24. 2004. This permit, issued on April 30, 2004, is
subject to compliance with the application and site drawing (where consistent with the permit), at
applicable regulations and special conditions and notes set forth below. Any violation of these terms may
subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorzes the construction ojal5 space public parking area on Leland Street between East First Street and
East Second Street at Ocean Isle Beach
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(1) All proposed development and associated construction must be done in accordance with itte
work plat drawings(s) dated received March 30, 2004.
(2) All construction must conform to the N.C. Building Code requirements and a16oso local, to an
Federal regulations. Contact the Town of Caswell Beach for applicable local ordai aa��ddt
Flood Regulations. �t0 aGEN+�
N1P�'
(3) Any change or changes in the plans for development, constructiori,012W use activities will require
re-evaluation and modification of this permit.
Conditions continued on second page
This permit action may be appealed by the perminee or othe
qualified persons within twenty (20) days of the issuing date. Fro
the date of an appeal, any work conducted under this permit mus
cease until the appeal is resolved.
This permit must be on the project site and accessible to the perm
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered unde
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2007.
In issuing this permit it is agreed that this project is consistent wit
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without th
written approval of the Division of Coastal Management.
Local Permit OWal (signature)
CAMA Local Permit official
Caroline Bellis
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Pernittee
(Signature required if special conditions above apply to permit)
Town of Ocean Isle Beach
Minor Permit OIB # 04-60
April 30, 2004
Page Two
(4) Any structure shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two years of the time when it becomes imminently threatened, and in any case upon
its collapse or subsidence. However, if natural shoreline recovery or beach renourishment
takes place within two years of the time the structure becomes imminently threatened so
that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holder's right to seek
authorization of temporary protective measures allowed under CRC Rules.
(5) No grading or construction shall occur within any area seaward of where the new work is to be
located.
(6) A copy of this permit shall be posted or available on site. Contact this office for a final
inspection at completion of work. 910/395-3900.
(7) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned,
transferred, sold or otherwise disposed of to a third -party.
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WIRO for Ocean Isle Bch
Local Government
OIB # 04-60
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management"
Issued to The Town of Ocean Isle Beach, authorizing development in an Ocean Hazard Area of Environmental
Concem fAECI at _Leland Street between East First and East Second Street Ocean Isle in Brunswick County,
as requested in the permittee's application, dated _March 24, 2004. This permit, issued on Aoril 30. 2004, is
subject to compliance with the application and site drawing (where consistent with the permit), all
applicable regulations and special conditions and notes set forth below. Any violation of these terms may
subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes the construction ojal5 space public parking area on Leland Street between East First Street and
East Second Street at Ocean Isle Beach
(1) All proposed development and associated construction must be done in accordance with the permitte
work plat drawings(s) dated received March 30, 2004.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State an
Federal regulations. Contact the Town of Caswell Beach for applicable local ordinances and FEM
Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require
re-evaluation and modification of this permit.
Conditions continued on second page
This permit action may be appealed by the pernittee or othe
qualified persons within twenty (20) days of the issuing date. Fro
the date of an appeal, any work conducted under this permit mus
cease until the appeal is resolved.
This permit must be on the project site and accessible to the perm
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered unde
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2007.
In issuing this permit it is agreed that this project is consistent wit
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without th
written approval of the Division of Coastal Management.
Local Permit OfKal (signature)
CAMA Local Persil Official
Caroline Bellis
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Permittee
(Signature required special conditions above apply to permit)
Town of Ocean Isle Beach
Minor Permit OIB # 04-60
April 30, 2004
Page Two
(4) Any structure shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two years of the time when it becomes imminently threatened, and in any case upon
its collapse or subsidence. However, if natural shoreline recovery or beach renourishment
takes place within two years of the time the structure becomes imminently threatened so
that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holder's right to seek
authorization of temporary protective measures allowed under CRC Rules.
(5) No grading or construction shall occur. within any area seaward of where the new work is to be
located.
(6) A copy of this permit shall be posted or available on site. Contact this office for a final
inspection at completion of work. 910/395-3900.
(7) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned,
transferred, sold or otherwise disposed of to a third -party.
Signature Date
AMA
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NCDENR
North Carolina Department of Environment and Natural Resources
. Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 30, 2004
Mr. Larry Sellers
Town of Ocean Isle Beach
3 Nest Third Street
Ocean Isle Beach, NC 28469
Dear Mr. Sellers:
Attached is CAMA Minor Development Permit # OIB 04-60 for the proposed public parking area at
Leland Street between East First and East Second Streets in Ocean Isle Beach, Brunswick County.
In order to validate this permit, please sign both copies of the permit on the first and second sheets as
indicated. Retain the original for your files and return a signed copy to us within 20 days of receipt, in the
enclosed, self-addressed envelope. This is not a valid permit until it is signed and returned to our office
Your early attention to this matter would be appreciated.
Sincerely,
Caroline Bellis
Field Representative
Enclosures
cc: Jim Gregson
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-39001Fax: 910-350-20041 Internet: http://dem2.enr;state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
MINOR PERMIT
NEW APPLICATION
Applicant: �n r,n ol JCParv5 �� �P�C-t-�
Field Representative:
Received:
-30 —U
Check #: 3 3 a
Public Notice: Date Published -0
Comments `1 — - O 9 411,030
Green Slips:
Locality Permit Number
Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline _Other_
(For official use only)
GENERAL INFORMATION
LAND OWNER
Name
Addre:
City 1
AUTHORIZED AGENT
Name Sanx z above
Address
City
State
Zip
LOCATION OF PROJECT: (Address, street names and/or directions to site. If not oceanfront, whatisis the name of
the adjacentwaterbody?) t-J&J 64, " se4mk= 6&i -+ CIrsf ei v~t E es4-
5ucivid 64T&.As
OF PROJECT: (List all
and land disturbance. )1i uTdJ. OA
SIZE OF LOT/PARCEL: square feet acres
PROPOSED USE: Residential __ (Single-family— Multi -family _) Commerical/Industrial
Other P'bk �c �O rk to
A TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC): W`— square feet (includes all floors and roof -covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): A sq. ft.
(Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patio
etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1) within 75 feet of Normal High Water for the Estuarine Shoreline AECj
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to O nding
Resource Waters w1i t ,j
(3) within 30 feet of the Public Trust Shoreline AEC �\ t
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
0 r, C'
STATE STORMWATER MANAGEMENT PERMIT. Is the project located in an area supiect to a
State Stormwater Manages ent Permit issued by the N.C. Division of Water Quality?
YES_ NO
If yes, list the total built -upon area/impervious surface allowed for your lot or parcel. square feet.
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OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor
development permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list
with your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Burning, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification,
Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
_an owner or record title. Title is vested in , see Deed Book
page in the County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
as writtgn con act or lease, explain below orp sea separate sheet and attach
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(1)
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to
erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ-
ated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech-
niques.
PERMISSION TO ENTER ON LAND:
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to
enter on the aforementioned lands in connection with evaluating information related to this permit application.
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor-
mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated
without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any
person developing in an AEC without permit is subject to civil, criminal and administrative action.
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This themn .. /J 20 Al2L
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AEC HAZARD NOTICE
Project Is In An: Zocean Erodible Area ZHigh Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules onbuilding standards, oceanfront
setbacks and dune alteration are designed to minimize,but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
d feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much ass3PQ feet landward in a major storm.
Th floodwaters in a major storm are predicted to be about
% 1 feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
� Applica s ature
Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer
101-1 rid;r%oA 64,
Address
A,,A.%k elan, cN405-
Locality
910-395- 3ioo
Phone
4q y
GO�'SIr NiPO
Revised 11193
BEFORE YOU BUILD
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calculated
risk. Natural forces of water and wind collide with tons of
force, even on calm days.
Man-made structures cannot be guaranteed to survive the
force of a hurricane. Long-term erosion (or barrier island
migration) may take from two to ten feet of the beach each
year and, sooner or later, will threaten oceanfront struc-
tures. These are the facts of life for oceanfront property
owners.
The Coastal Resources Commission (CRC) has adopted
rules for building along the oceanfront. The rules are in-
tended to avoid an unreasonable risk to life and property
and to limit public and private losses from storms and
long-term erosion. These rules lessen but do not eliminate
the element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
The Rules
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to fit safely
into the beach environment.
Structures along the oceanfront must be behind the frontal
dune, landward of the crest of the primary dune and set
back from the first line of natural stable vegetation a dis-
tance equal to 30 times the annual erosion rate (a minimum
of 60 feet). Large structures (multi-familyresidential struc-
tures greater than 5,000 square feet and non-residential
structures greater than 5,000 square feet) must be set back
from the first line of natural stable vegetation a distance
equal to 60 times the annual erosion rate or 120 feet,
I I
SETBACK SETBACK FIRST LINE OF
I�-- K-2 STABLE
AL30 x AL NATURAL
I I
f7 rT7I
COO
AVERAGE AVERAGE VEGETATION
(EROSION I EROSION I
IRATE
Boo
IRATE
I
I
(LARGE
(SMALL
STRUCTURES)
I STRUCTURES)
PERMITTED
STRUCTURE;
ADEQUATE
SETBACK
whichever is greater. If the erosion rate is greater than 3.5
feet/year, the setback is 30 times the erosion rate plus 105
feet.
The Reasons
The beachfront is an ever -changing landform. The beach
and the dunes are natural "shock absorbers", taking the
beatings of the winds and waves and protectin the inland
areas. By setting back 30 or 60 times the annual long-term
erosion rate; you have a good chance of enjoying the full
life of the structure. At first, it seems very inviting to build
your dream house as close to the beach as possible, but in
five years you could, find the dream has become a
nightmare as high tides and storm tides threaten your
investment.
The Exception
The Coastal Resources Commission recognized that these
rules, initially passed in June of 1979, might prove a
hardship for some property owners. Therefore, they estab-
lished an exception for lots which cannot meet the setback
requirement. The exception allows buildings in front of the
setback line if the following conditions apply:
(1) the lot must have been platted as of June 1,1979, and
notcapableof being enlarged by combining with adjoining
land under the same ownership, (2) development must be
as far back on the property as possible and in no case less
than 60 feet landward of the vegetation line, (3) no
development can take place on the frontal dune (4) special
construction standards on piling depth and square footage
must be met and (5) all other CAMA, state and local
regulations must be met.
The exception is not available in the Inlet Hazard Area.
To determine eligibility for the exception, the Local Permit
Officer will make these measurements and observations:
required setback from vegetation line
exception setback (maximum feasible)
rear property line setback
max. allowable square footage on lowest floor
lot area as calculated from vegetation line
piling length needed to extend 4 feet below MSL
PRE -PERMIT STRUCTURE; INADEQUATE SETBACK
PRE -STORM BEACH PROFILE
_� POST -STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other house has a much better chance of survival.
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r; AI G d 372
March 24, 2004
Robert Caison
207 Suburban Avenue
Kannapolis, NC 28083
Dear Adjoining Property Owner:
This letter is to inform you that the Town of Ocean Isle Beach has applied for a
CAMA minor development permit on Town right-of-way on Leland Street. These
improvements are being constructed along your side property lines as you abut the above
said street right-of-way. No construction is to take place on your private property. I have
enclosed a copy of the application and the site plans for the street your property is located
on.
If you have any questions or comments on the proposed project, please contact
Caroline Bellis with the North Carolina Division of Coastal Management at 910-395-
3900.
Sincerely,/ n
Justan Whiteside
CAMA LPO
Town of Ocean Isle Beach
N OF OCEAN ISLE BEACH/THREE WEST THIRD STREET/OCEAN ISLE BEACH, NC 28469/(910)
NOT I (a'/ I 70A
LAMA PERMIT
APPLIES FOR
COMMENTS ACCEPTED THROUGH w. 30. loot'
- L"A
1 a L i WLI• TYMMT
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
it Division of Coastal Management
Caroline Bellis
127 Cardinal Drive Extension
Wilmington, NC 28405
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN
ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
A permit under this Section shall allow the construction of new piers, docks, and boathouses in the estuarine and public trust
waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in
Subchapter 07J .1100 and according to the Rules in this Section. This permit shall not apply to oceanfront shorelines or to
waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of
the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower
erosion rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
ejf March 1, 1984;
Amended EJf. April 1, 2003.
15A NCAC 07H.1202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form requestingapproval for
development. The applicant shall provide information on site location, dimensions of the project area, and his name and
address.
(b) The applicant must provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice shall instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection.
DCM staff shall review all comments and determine, based on their relevance to the potential impacts of
the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that
the comments are worthy of more in-depth review, the applicant shall be notified that he must submit an
application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the
applicant shall be provided a copy of this Section.
(d) Construction must be completed within 90 days of the approval of the permit or the permit expires.
(e) Any modification or addition to the approved project shall require prior approval from the Division of Coastal
Management.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.7; 113A-124,-
Eff. March 1, 1984;
Amended EJf. August 1, 1998; January], 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars ($100.00) by check or money order payable to the Department.
History Note: Authority G.S. 113A-107, 113A-113(b); 113A-118.1; 113A-119, 113-119.1; 113A-124,
Eff. March 1, 1984;
Amended E,Jf August 1, 2000; March 1, 1991.
15A NCAC 07H .1204 GENERAL CONDITIONS `
(a) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not provide
either leased or rented docking space or any other commercial services. Piers designed to provide docking space for more
than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major permitting process
and, therefore, are not authorized by this general permit.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of
this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers,
docks and boat houses.
(d) This permit will not be applicable to proposed construction where the Department believes that the proposed activity
might unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation or recreation
values, identified in G.S. 113A-102 and G.S. I13A-113(b)(4), nor that might sigiificantly affect the quality of the human
environment.
(e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permirmust be consistent with all local requirements, AEC Guidelines, and local land
use plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984;
Amended Eff.May 1, 1990,
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
15A NCAC 07H .1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet waterward from the normal high
water line or the normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same shoreline for similar use.
This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access to
adjoining properties. The length of piers shall be measured from the waterward edge of any wetlands that border the water
body.
(c) Piers longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least
one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span some
obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge of any coastal
wetland vegetation, which borders the water body.
(d) Piers and docks shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate
as measured from the bottom of the decking.
(e) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width shall be
considered either a "T" or a finger pier.
(f) Except in the case of boat houses, any portion of a structure (either fixed or floating) greater than six feet wide shall be
considered a platform or deck.
(g) "T"s, finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not exceed a
combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed four square feet
per linear foot of shoreline.
(h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands.
(i) The width requirements established in Paragraphs (d), (e), (f), (g) and (h) of this Rule shall not apply to pier structures in
existence on or before July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these
cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet
on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and
piers.
0) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height ofthe walls
as measured in a downward direction from the top wall plate or header and only covering the top half of the walls.
Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots
with less than 75 linear feet of shoreline.
(k) The area enclosed by a boat lift shall not exceed 400 square feet.
(1). Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed but shall not be designed to
allow second story use.
(m) Pier alignments along federally maintained channels must also meet Corps of Engineers regulations for pier construction
pursuant to Section 10 of the Rivers and Harbors Act.
(n) Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, human -made canal
or basin. Measurements to determine widths of the water body, human -made canals or basins shall be made from the
.waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply
when the proposed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed
pier shall not be longer than the pier
head line established by the adjacent
piers, nor, longer than 1/3 the width of
the water body.
(o) Piers, docks and boat houses shall
not interfere with the access to any
riparian property, and shall have a
minimum setback of 15 feet between
1 any part of the pier and the adjacent
property lines extended into the water
at the points that they intersect the
„ shoreline. The minimum setbacks
provided in the rule may be waived by
the written agreement of the adjacent
riparian owner(s), or when two
9dr- •.a adjoining riparian owners are
co -applicants. pp • nts. Should the adjacent
property be sold before construction of
the pier commences, the applicant shall
i. _ • ''°'- - obtain a written agreement with the new
j owner waiving the minimum setback
jF and submit it to the Division of Coastal
ti Management prior to initiating any
�y �7 development of the pier, dock, or boat
�te�2�, ExdtitPtes house. The fine of division of areas of
� RIPARIAN ACCESS AREAS
riparian access shall be established by
t t
PROTAREA' g a line along drawing lithe channel or
ECT
deep water in front of the property, then
EDGE OF CHANNEL OR
drawing aline perpendicular to the line
DEEP WATER of the channel so that it intersects with +•'_ - PROPERTYtINE
--- RIPARIAN LIMITthe shore at the point the upland
.MEAN HIGFIWATER. - property line meets the water's edge.
Application of this Rule may be aided
:WATER. - by reference to the approved diagram in
Paragraph (r) of this Rule illustrating
the rule as applied to various shoreline
configurations. Copies of the diagram.
may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular
alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable.
(p) Piers, and mooring facilities shall be designed to provide docking space for no more than two boats.
(q) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner of any
part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease
holder the opportunity to mark a navigation route from the pier to the edge of the lease.
(r) The diagram shown below illustrates the various shoreline configurations:
History Note. Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984; Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990;
RRC Objection due to ambiguity Eff. March 18, 1993; Amended Eff. August 1, 1998; April 23, 1993;
Temporary Amendment Eff. December20, 2001; Amended Eff. April 1, 2003.
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