Coastal A-Z

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Beach Driving


Driving on the beach is a long-standing tradition in many areas of the United States, including Cape Cod National Seashore in Massachusetts, portions of the New Jersey shore, North Carolina’s Outer Banks, Georgia’s islands, certain areas in Florida, North and South Padre Islands and other areas in Texas, and several areas in Oregon and Washington, including the Long Beach Peninsula shoreline. In many of these areas, access to the beaches for swimming, surfing, fishing or just a day at the beach would be very difficult, if not impossible without allowing beach driving.

It is also widely recognized that beach driving can cause serious ecological impacts by potentially destroying nesting areas for sea turtles and birds such as the piping plover and damaging or destroying vegetation and dunes. Shore erosion can be accelerated by careless beach driving and vehicles on the beach can be a safety hazard to beach goers.

beach driving
Northern Mozambique -- credit: www.overland.co.za

In recognition of the potential impacts of beach driving, most areas that allow this practice regulate it in some way, including:
  • requiring licenses or passes
  • limiting the number of vehicles on the beach
  • limiting beach driving to certain types of vehicles (e.g. 4WD)
  • enforcing speed limits
  • specifying beach access ramps and the allowed driving zone along the beach
  • prohibiting driving on dunes an in other ecologically sensitive areas
  • prohibiting driving during certain times of the year, such as during seabird or sea turtle nesting seasons or when beach pedestrian traffic is so high that vehicles on the beach would represent a safety hazard

Volusia County in Florida is home of Daytona Beach and New Smyrna Beach, where there is a tradition of beach driving dating back to the early days of the automobile.

beach driving
Beach Driving, Daytona Beach, FL -- credit: www.threebestbeaches.com

Volusia County, like many other areas in the country, has tried to balance the need for and history of beach driving versus concern for the coastal environment by designating their beaches as Natural, Transitional and Urban.
  • Natural zones generally correspond to the areas where off-beach development is less intense. The dune habitats within this area are largely intact. These areas also have the highest concentration of turtle nests on Volusia beaches. Public driving and parking is not allowed.
  • Transitional zones are those areas that have a mixture of natural dunes and some beach seawalls. The concentration of people in these areas generally is less intense most of the year. Sea turtle nesting in these areas is moderate. Public driving and parking is allowed 30 feet seaward of the dunes or seawall.
  • Urban zones are those areas where off-beach development includes hotels, high-rise condominiums and seawalls. The concentration of people is intense most of the year. Sea turtle nesting in these areas is minimal. Public driving and parking is allowed 15 feet seaward of the dunes or seawall.

In Texas, fifty-five miles of the beach at Padre Island National Seashore are accessible strictly via four-wheel-drive vehicle; 8.5 miles are available for standard passenger vehicles.

beach driving
South Padre Island, TX -- credit: www.southpadrevacationrental.com

beach driving
North Padre Island, TX -- credit: http://academic.emporia.edu


Surfrider Foundation’s Texas chapters have opposed efforts to restrict vehicle access to and along beaches, maintaining that such moves would have the effect of privatizing beaches. Surfrider Foundation’s Coastal Bend Chapter has issued the following statement:
The Surfrider Foundation Coastal Bend Chapter is committed to free and unrestricted access for all people to all Texas beaches in accordance with the Texas Open Beaches Act. Surfrider Foundation maintains that vehicle access is the key to beaches remaining accessible and not becoming effectively private beaches. In certain cases the Surfrider Foundation’s Coastal Bend Chapter supports the creation of pedestrian areas as long as vehicle access and parking are maintained on the beach itself as it is the case in the IB Magee and Port Aransas Beach Parks.  More details here.

One of the most high-visibility disputes regarding beach driving involves potential restrictions or prohibitions on beach driving at the Cape Hatteras National Seashore.

beach driving
Cape Hatteras National Seashore, NC -- credit: SELC SELC

beach driving
Cape Point, Hatteras Island, NC -- credit: www.islandfreepress.org

Beach driving in North Carolina is primarily controlled either by local governments (at the town level, or county level in the case of Currituck Co.), by the NC Division of Parks and Recreation (e.g., at the Fort Fisher state park beach), or the National Park Service (e.g., at Cape Hatteras National Seashore). Most towns only permit beach driving between approximately Oct. 1 and April 30. This is primarily to protect bird and sea turtle nests from vehicular traffic during their nesting season. Some beaches have year-round access, however. Many towns also require off-roaders to pay a fee and place a sticker on their vehicle. Driving on the dunes is not allowed on any NC beaches.

Many of the Outer Banks beaches are open to beach driving at least part of the year. The Outer Banks tourism web site lists beach driving rules here.

Cape Hatteras National Seashore generally allows beach driving year-round. See their website or this one for more information on regulations.

In July 2007 U.S. District Judge Terrence W. Boyle issued an order which stated that because Cape Hatteras National Seashore did not have regulations to govern off-road vehicle (ORV) traffic, operating a vehicle on the seashore "without prior authority" was punishable by fines up to $5,000 and six months in prison. In response, a spokesperson for Cape Hatteras stated that with the exception of isolated closures for natural resource protection and pedestrian safety, ORV traffic would be allowed on the seashore while attorneys for the National Park Service reviewed the court order.

As required by law, the National Park Service (NPS) is currently undertaking a process to develop future rules for driving at Hatteras. However, NPS admits the process will take at least three years to complete. Some scientists believe that many species could be eliminated from the Seashore in that time. Because of this extended delay in developing a plan for management of ORV access, two environmental groups filed a lawsuit to force immediate action.

In February 2008, the Southern Environmental Law Center (SELC), representing Defenders of Wildlife and the National Audubon Society asked a federal judge to limit beach driving on approximately 12 percent of the seashore identified by the Park Service's scientists as being most critical to nesting shorebirds (see map). SELC asked the judge to halt driving on this portion of beach pending the outcome of a suit SELC filed in October, 2007.

That suit sought to require the Park Service to implement a plan to manage beach driving that will also protect the resources of the region. The goal is development of a management plan that will continue to allow access to Hatteras by vehicle, but will control use to protect wildlife, safety and the overall environment of the Outer Banks.

The Outer Banks Chapter of Surfrider Foundation is one of the parties working to achieve a balanced resolution of the beach driving issue at Cape Hatteras National Seashore. The chapter issued the following statement:
The Outer Banks Chapter of the Surfrider Foundation recognizes the unique ecological, recreational and economic value of the Cape Hatteras National Seashore. We further recognize that beaches are a public resource and should be held in the public trust for their preservation. We understand that for decades the Park Service has allowed access to Cape Hatteras National Seashore beaches by Off Road Vehicles (ORV) with minimal restriction or oversight and that if not regulated correctly ORV use may detrimentally affect migratory species that nest in the area. The Outer Banks Chapter supports beach preservation and protection efforts, but feels that a temporary and or permanent ban on ORV access to these beaches could have an immediate detrimental impact on the Outer Banks economy, and severely limit public access to groups that appreciate, use, and support the protection of these coastal resources. We believe that a balance between access and preservation can be achieved.

It is difficult for one that has not spent significant time on the Outer Banks to consider how limited access to beaches would become without ORV use, access that is the very reason that people from all over the world come to the Outer Banks to visit. In our small community where much of the oceanfront has been developed by homes, this small stretch of National Park is truly one of the last protected places to enjoy the unique resources on Hatteras Island. Hatteras Island offers world class surfing and fishing, much of which can be attributed to its remote location that is accessible only by ORVs. At this time the Outer Banks Chapter of Surfrider Foundation believes that allowing continued access with improved management of ORV use to the National Seashore is the optimal solution for this area.

The Outer Banks Chapter implores all parties involved in this issue to find a balance between access, protection and preservation. We recommend managing access of these areas through a combination of permitting, limiting the number of vehicles, and closures when necessary to protect the migratory species that use this area seasonally. The Outer Banks Chapter of Surfrider Foundation supports protection and preservation, and in this unique situation does support the reasonable use of Off Road Vehicles to allow public access this area.


A tentative agreement settling the lawsuit was announced on April 16, 2008. The settlement allows driving on large areas of beach, but seasonally restricts vehicle use in several spots popular with both birds and fishermen. The settlement details areas to be restricted in 2008 to protect bird and turtle nesting areas. Among its requirements: bird nesting areas can't be made smaller to accommodate vehicles if erosion cuts off vehicle access. The park service, by March 15 of each year, must mark nesting areas on Bodie Island Spit, Cape Point, South Beach, Hatteras Spit, North Ocracoke and Ocracoke South Point. The park service must also set aside specific protection buffers around nesting areas for plover, the least tern, the oystercatcher and other waterbirds. The vehicle buffer is 1,000 meters for plover chicks, the highest level of protection. Officials also have the authority to expand the protected areas if they believe there has been vandalism of fencing, nests or plants. To protect turtles, the park service must close beaches to night driving between of 10 p.m. and 6 a.m. from May 1 to Sept. 15 and allow night driving only under educational permits between Sept. 16 and Nov. 15.

On April 30, 2008 U.S. District Judge Terrence W. Boyle approved the settlement (Consent Decree) after receiving additional information from Cape Hatteras National Seashore Superintendent Mike Murray.


References

Cape Cod National Seashore – Oversand Beach Driving

Cape Hatteras National Seashore – Beach Driving

Crystal Coast (NC) Tourism Authority – Beach Driving

DNR Coastal Resources Division – Beach Driving Authorization

IslandFreePress – Consent Decree

IslandFreePress – Consent Decree Maps

IslandFreePress – Murray Declaration

Long Beach Peninsula (WA) Visitors Bureau – Beach Driving

NCBBA Guides for Off-Road Driving

Outer Banks Beach Rules and Regulations

OuterBanksFishing.com – 4X4 Beach Driving

Southern Environmental Law Center

Surfrider Foundation Outer Banks Chapter

Surfrider Foundation State of the Beach Report – North Carolina Beach Access

Surfrider Foundation Texas Coastal Bend Chapter

Volusia County, Florida – Beach Driving and Parking