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North Carolina Ratings
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Indicator Type |
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Info |
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Status |
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Beach Access |
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9 |
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8 |
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Water Quality |
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6 |
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6
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Beach Erosion |
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10
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- |
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Erosion Response |
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- |
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7
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Beach Fill |
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6 |
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- |
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Shoreline Structures |
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5 |
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8 |
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Beach Ecology |
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6
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- |
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Surfing Areas |
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3
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8 |
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Website |
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9
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North Carolina Beach Access
Policies
North Carolina Division of Coastal Management (NCDCM) has responsibilities for
ensuring public access of ocean beaches and other public trust waters under the
Coastal Area Management Act (CAMA) and North Carolina Administrative Codes. The
laws and regulations guiding public access in North Carolina can be viewed online
at
http://dcm2.enr.state.nc.us/
The state's position regarding beach ownership is that although state ownership
ends at the mean high water line, the public has always enjoyed the right to
use the full width and breadth of the state's ocean beaches seaward of the dune
line, under the common law theories of customary use since "time immemorial," the
public trust doctrine, implied dedication, or, alternatively, prescriptive use.
Therefore, the state has asked the courts to declare that the public is legally
entitled to use the entire beach between the ocean and the vegetation or dune
line.
North Carolina's beach laws state, in part:
"The public having made frequent, uninterrupted, and unobstructed use of the full width and breadth of the ocean beaches of this State from time immemorial...the right of the people to the customary free use and enjoyment of the ocean beaches...are a part of the common heritage of the State."
http://www.nccoastalmanagement.net/Facts/beachown.htm
The Carteret County Shore Protection Office has published The Public Beach - A Quick Look at Lines in the Sand, which is a primer on beach ownership, including what happens following beach fill projects or as a result of natural accretion or erosion.
In an order issued in October 2005, the state appeals court upheld the dismissal of a lawsuit by a group of Currituck County property owners who claimed the public has no rights to the area seaward of the beach vegetation line. That area, commonly called the "dry sand beach," has traditionally been public domain in North Carolina.
Although the ruling upheld the state's position, it focused on procedure and did not address broader issues of state and private property rights in the contested beach terrain.
In August 2006 it was announced that the dispute might go before the North Carolina Supreme Count. Currituck County joined with the North Carolina Association of County Commissioners and the Ocean Hill I Property Owners Association in asking the Supreme Court to hear a lawsuit over whether two roads leading to the beach should be private or public. The Villages at Ocean Hill Community Association, among others, filed the original suit contending the roads should be open. In October 2006 it was announced that the North Carolina Supreme Court had agreed to rule on this case.
The Division of Coastal Management awards matching grants to local governments
to establish public access sites. The N.C. General Assembly established the Public Beach and Coastal Waterfront Access Program in 1981 by amending CAMA to provide the matching grants to local governments for oceanfront beach access areas. In 1983, the legislature expanded the program to include estuarine beaches and waterways. More than 280 access sites have been constructed since the program began. Local governments are responsible for construction, operation and long-term maintenance of their sites.
Coastal Management awarded grants totaling approximately $2.9 million to 19 local governments for 23 public-access projects in during the 2007-08 fiscal year. Information
on the grants program is available at
http://www.nccoastalmanagement.net/Access/access.htm
Information on the North Carolina Parks and Recreation Trust Fund and other programs is available via the NCDENR Division of Parks and Recreation
Web site.
http://www.ils.unc.edu/parkproject/main/discover.html
An interesting discussion of the legal rights of oceanfront property owners as they relate to beach fill projects, coastal erosion and public access can be found in the Winter/Spring and Summer/Fall 2005 editions of Legal Tides, a publication from the new North Carolina Coastal Resources Law, Planning and Policy Center.
NCDCM staff reported in late 2006 that the NC Legislature had recently established a legislative committee to look into the issue of the recent loss of access to coastal waters (e.g., closing of coastal fishing piers, campgrounds, etc.) for recreational activities.
Beach driving in North Carolina is not regulated by the Division of Coastal Management, but 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 Web site or this one for more information on regulations.
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.
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.
In February 2008, the Southern Environmental Law Center (SELC), along with 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. 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 seeks 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 has 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.
A further development on this issue was the introduction of legislation in the U.S. Congress in June 2008 to nullify the consent decree and reinstate the interim plan on ORV use that existed prior to the Consent Decree. See here and here.
The bill, which was supported by ORV access advocates, was ultimately opposed by the National Park Service and rejected by a U.S. Senate committee. The deputy director of the National Park Service testified before Congress in September 2008 stating that “the consent decree will accomplish [the] objective” of allowing public use and access to the national seashore’s beaches to the greatest extent possible while still protecting the park’s wildlife “better than the original 2007 Interim Management Strategy.” Despite this testimony, a similar bill to invalidate the consent decree and resort back to the less effective interim management strategy was re-introduced in August 2009.
In November 2008 NPS Superintendent Mike Murray announced that information about off-road vehicle (ORV) management alternatives being considered by the National Park Service (NPS) for Cape Hatteras National Seashore had been provided to the Seashore’s ORV management negotiated rulemaking advisory committee. The information is also available to the public and has been uploaded to the PEPC Web site, under ORV Management Plan project, entitled 2008 11Nov 05 – ORV EIS Alternatives.
A good source for current information on the beach access situation at Cape Hatteras National Seashore beaches is the Beach Access Issues page from Island Free Press.
Site Inventory
According to Pogue P. and Lee V., 1999, "Providing Public Access to the Shore:
The Role of Coastal Zone Management Programs," Coastal
Management 27:219-237 the percentage of publicly owned shoreline in North
Carolina is unknown. NCDCM staff estimates that approximately 40% of coastal
lands are publicly owned. They also estimate, however, that about 95% of "private" beaches
are publicly accessible.5
This same document identifies 211 public access sites. This corresponds to about
one public access site for every 16 miles of shoreline. NCDCM staff estimates
are substantially different. They indicate that there are coastal access points about
every one-half mile in urban areas and every two miles in rural areas.6
Surfrider reported in previous State of the Beach reports that the total number
of public beach access points is 268, which tend to be clustered around population
centers. The National Seashore provides additional access sites, and local governments
provide over 400 additional water access sites. Some local governments charge
for parking, but DCM requires them to use those fees towards maintenance of the
access site.7
The North Carolina Shore & Beach Preservation Association (NCSBPA) and NCDCM
announced on November 18, 2002 a new joint initiative to fully map all of North
Carolina's public beach accessways. This information, which includes all
public access sites (state, federal and locally funded), is now available on
DCM's Web site, http://www.nccoastalmanagement.net/Access/sites.htm
The survey conducted by NCSBPA and NCDCM in 2003 and 2004 identified 550 public access points, 6,256 parking spaces at lots and street ends, and 43 restroom facilities along the state's ocean beaches. In the survey, Emerald Isle led other coastal communities in access points per mile -- 17 sites per mile. North Topsail Beach had the most access parking spaces at 897 spaces. Wrightsville Beach averaged the most access parking spaces per mile -- 150 spaces per mile.
The North Carolina Division of Coastal Management's (NCDCM) interactive online Public Beach and Waterfront Access site locator on this Web page provides a wealth of information on beach access sites in North Carolina including: amenities (restrooms, showers, etc.), parking, directions, and a site photo. The public access sites presented here are grouped into four main types: regional, neighborhood, local, and urban waterfront. This access site database includes both those sites for which DCM has provided funding as well as other oceanside facilities available. There may also be some other locally funded public access sites that use the DCM sign but are not shown in their data, which will primarily be along the estuarine shoreline areas.
DCM continues to add access sites every year. Since 1981, over 288 public access
sites have been constructed at a cost of $19.6 million ($11.6 million state/federal
and $8 million local funds).8 During 2005, DCM enhanced public access to public beaches and coastal waters through $1.4 million in grants for 21 projects in 15 local communities for public access projects. The grants help pay for a variety of projects to improve access to coastal beaches and waters, including walkways, dune crossovers, restrooms, parking areas and piers.
On the other hand, there is some concern by surfers and other beach-goers in southern Kitty Hawk and northern Kill Devil Hills regarding an increase in "No Parking" signs that tend to restrict access to some of the better surf breaks in the area. Additional public beach access and/or new parking areas may be needed in this area.
Dare County is proposing to build its first beach access and parking area on the island at Rodanthe, just south of the popular surfing spot known as "S-turns." The proposed access would be on about 7 acres of county land adjacent to the Mac Midgett water plant on N.C. 12. Plans for the site include a parking area with bike racks, a picnic area and public restrooms on the portion next to the road. For the beachfront strip, situated on high ground, the proposal includes a gazebo, a volleyball area, restrooms, showers, a wooden access to the beach and possibly a playground. The county bought the land in December 2008 for $800,000 and expects to get reimbursed by grants from the state. A final application for a grant for the infrastructure is due by April 2009, and the county should know by the end of the summer whether it is approved.
The N.C. Division of Coastal Management awards about $1 million a year in matching grants to local governments to improve pedestrian access to waterways. More than 280 access sites have been constructed along the coast since the program began. Information on grants is available at http://www.nccoastalmanagement.net/Access/access.htm
The North Carolina State Parks Web site lets you search for information
on 33 State Parks via a map, by name, or by activity. Swimming is listed but surfing is not. The four ocean parks identified on the Web site as having swimming
are: Fort Fisher State Recreation Area;
Fort Macon State Park; Hammocks Beach State Park; and Jockey's Ridge State Park. Information available for
each site includes park history, ecological information, rules and regulations,
fees, driving directions, and a park map.
The National Park Service often provides updates regarding beach access status at Cape Hatteras National Seashore on their Web site under the News Releases section.
Contact:
NC Division of Parks and Recreation
1615 MSC
Raleigh, NC 27699
Phone: (919) 733-4181
Another good source for current information on the beach access situation at Cape Hatteras National Seashore beaches is the Beach Access Issues page from Island Free Press.
The Protect the Beach Web site of the Carteret County Shore Protection Office provides beach access information and maps for beaches along the Bogue Banks, as well as a link to a description of North Carolina Beaches, a 352-page guide to North Carolina's 320 miles of coastline (available in print only). You can also try here.
As mentioned above, a dispute over beach access exists in Currituck County, with two homeowner associations in Corolla battling it out. The Ocean Hill 1 Property Owners Association want three streets in their subdivision declared private. Homeowners at nearby Village at Ocean Hills claim that the roads have been open to the public for nearly 30 years and should remain that way. Carrituck County Commissioners sided with Ocean Hill 1 and declared the roads closed, but a Carrituck jury overruled the Board of Commissioners. Ocean Hill 1 residents have now appealed, but meanwhile, one of the roads has already been ripped up.
A beach access point was temporarily lost in 2006 in Wrightsville Beach. "Beach Access No. 33", located between the Blockade Runner Resort and the historic Gornto/Murchison cottage to the south, was closed after the town received a letter from Mary Gornto in July 2006. The letter stated that the family recently learned that their property line extended 20 feet further to the north and that they "do not wish for it to be used for public purposes." The access was restricted and the town's Board of Aldermen voted 3-2 in November 2006 to let it remain that way, even after town attorney John Wessel said that the town appears to have a case to retain the public access, based on prescriptive use laws in North Carolina. A prescriptive easement can occur when one party uses another's property for a certain number of years, usually 20, for a regular and well-known purpose.
Surfrider Foundation's Cape Fear Chapter achieved a victory in re-opening this access. Through public pressure and petitioning, followed by negotiations with the Town and homeowner the Chapter was able to come to a compromise. With the Chapter's assistance the town purchased a permanent easement to keep Access 33 open. This agreement also avoids setting a dangerous precedence of closing a public beach access.
The town of Ocean Isle Beach has rebuilt three beach access points (Columbia Street, Shallotte Boulevard and Charlotte Street) that were destroyed by erosion on the island's east end and is adding a new emergency access point at Starboard Street on the west end. This work followed completion of beach fill projects by the town and the U.S. Army Corps of Engineers.
New public waterfront access points could be built in Ocean Isle Beach before summer 2008, helping protect the island's sand dunes from tourism traffic and boost access to the Intracoastal Waterway. The Ocean Isle Beach Board of Commissioners adopted two resolutions in May 2007 in support of state beach and coastal waterfront access grants for projects at Durham Street and Shallotte Boulevard. If the town is awarded the grants, beachgoers and residents near Durham Street will have a new stairway for public beach access. The Shallotte Boulevard project is larger and includes access to the Intracoastal Waterway, gazebos, picnic tables, parking spaces and recreation facilities. The Shallotte Boulevard project will cost $317,855, with $278,891 expected in grants. The Durham Street access will cost $26,111, with $19,583 paid for by grants. In an effort to improve waterfront access, the town is also planning to add parking spaces to some access points.
Public beach access in Pine Knolls Shores on the Bogue Banks will improve with the addition of at least five new access points. The town is building the additional beach accesses as part of the completion of the Section 933 beach fill project that placed sand on the shoreline, which was completed in April 2007. The U.S. Army Corps of Engineers, which oversees the Section 933 project, requires public accesses to be built in order to receive sand. Located from east to west, the seven potential sites for the proposed beach accesses are Knollwood, Dogwood, Ocean Terrace, Qualls, Beacon’s Reach East, Beacon’s Reach West and the Trinity Center. Each access will need to have at least 10 parking spaces in accordance with the parking regulations set by the Corps.
Beach Attendance Records
Detailed information on beach attendance in North Carolina was not readily available.
An East Carolina University survey of 563 adult residents in eight coastal counties
found that when asked how often a household member goes to the beach for recreation,
22% said "never," 33% indicated "a few times per year," 6% said they visited
the beach monthly, 11% visited "a few times per month," 12% went "weekly," and
16% visited "more than once per week."
Visitation numbers for national parks and seashores in North Carolina can be obtained here.
Economic Evaluation of Beaches
Information on the economic evaluation of beaches in North Carolina was not readily
available.
North Carolina Sea Grant reports that it is developing databases for coastal
counties that would allow for analyses of economic and demographic changes over
time.
The NC Dept of Commerce conducts studies on the economic impact of tourism in general. http://www.nccommerce.com/tourism/econ/
NOAA's Coastal Services Center has written a discussion of the recreational value of beaches, in the context of beach fill projects.
The following two Web sites provide information on the economic value of coasts and the ocean throughout the country.
The National Ocean Economics Program (NOEP) provides a full range of the most current economic and socio-economic information available on changes and trends along the U.S. coast and in coastal waters. You can download data on jobs and GDP associated with specific types of coastal activities for each coastal state. You also can download data on commercial fishing and landings. The NOEP made public their fully updated Non-Market Valuation Web site in September 2008. The largest database in the world of studies documenting the environmental and recreational values of ocean resources, the Web site now includes 1) an updated methodologies section, 2) frequently asked questions, 3) examples of how Non-Market valuation influences public policy, and 4) an expanded table summarizing valuation estimates from across the United States. The National Ocean Economics Program has now released State of the U.S. Ocean and Coastal Economies - 2009, which presents time-series data compiled over the past 10 years that track economic activities, demographics, natural resource production, non-market values, and federal expenditures in the U.S. coastal zone on land and water. The report states that coastal states account for more than 80 percent of the U.S. economy.
The Web site of Restore America's Estuaries has a report The Economic and Market Value of Coasts and Estuaries:
What’s At Stake?. According to the report, U.S. coasts and estuaries that have been protected and managed in a sustainable way are worth billions. Beaches, coastal communities, ports, and fragile bays are economic engines that drive and support large sectors of the national economy. The report focuses on aspects of coasts and estuaries that are most dependent on ecologically healthy conditions. The authors also examined a growing body of research that reveals the economic consequences of environmental change in coastal and estuary ecosystems.
Perception of Supply and Demand
NCDCM staff believes that there is sufficient coastal access and beach parking
to meet current demand, but not to meet projected demand in 10 years. They do
not believe that there is currently sufficient public transportation to or along
the coast to meet the demand.9
An article by Susan West in the Outer Banks Sentinel on March 8, 2006 began:
"In the very near future, it will be difficult for anyone who does not own waterfront property to have access to coastal waters," wrote North Carolina Coastal Resources Commission (CRC) Chairman Courtney Hackney in a January letter to N.C. Rep. Carolyn Justice, a member of the state's Joint Legislative Commission on Seafood and Aquaculture.
Although Hackney was sharing his personal thoughts on public access to state waters and wasn't speaking for the CRC, his isn't a solitary voice.
When the Long Beach pier on Oak Island closed, The Winston-Salem Journal wrote, "With each closing, the coast becomes less a shared resource for all and more a private enclave for the wealthy."
The North Carolina Marine Fisheries Commission and a group of concerned maritime scholars have also raised warning flags, asking state leaders to look at ways to preserve public access and protect working waterfronts.
The conversion of access points, fish houses, docks, and boat yards to private, residential use raises serious concerns in a state that has taken great pride in policies upholding the theory of democratic ownership of public trust resources.
North Carolina Sea Grant plans to open the door to a statewide discussion of those concerns with a forum called North Carolina's Changing Waterfronts: Coastal Access and Traditional Uses. The public forum will be held in New Bern in early June.
In August 2008, the Carteret County Shore Protection Office graded themselves on beach access:
Public Access to Beaches (B+) – Is the glass half full or half empty? Bogue Banks is
approximately 25 miles long and the notion that accesses with parking can simply be
constructed anywhere so visitors and residents can get to anyplace on the beach they want
to at anytime is a distant cousin from reality. It will never be perfect, but if improvement is
what you’re looking for, then the past decade has seen some incredible strides – Pine Knoll
Shores had zero public accesses at the turn of the decade – they now have 5. Little ol’
Indian Beach constructed 3 new accesses with parking just a few years ago, Atlantic Beach
is working hard to get a new regional public access at the site of the former Triple S fishing
pier, and Emerald Isle has made very conscious efforts to go “bigger and better” with huge
improvements to their Eastern and Western Regional accesses, and a new access/parking
facility off Coast Guard Road. The State deserves a lot of credit for furnishing important
grant money to make these accesses, parking spaces, and amenities a reality. Plus, the
State is planning to construct an oceanfront concrete pier in Emerald Isle. Sure there are
some weak spots along Bogue Banks that need to be addressed but again, if we couple this
with all the improvements, then a “B+” grade makes a lot of sense.
Public Education Program
The NCDCM website provides information on public beach access. For instance, http://www.nccoastalmanagement.net/CAMAgram/Fall02/policy.htm provides
a good discussion of "Public Beach and Waterfront Access" in a Q&A format.
As mentioned above, the section of NCDCM's website that allows you to do an online
map-based search for public beach access sites is http://www.nccoastalmanagement.net/Access/sites.htm
Various NC travel brochures are available at:
http://www.visitnc.com/tools_brochure_download.asp
The Official 2007 North Carolina Travel Guide is available online and another North Carolina Guide is available online at: http://www.northcarolinatravels.com/
Contact Info
John Thayer
Manager of Planning/Public Access
400 Commerce Ave.
Morehead City, NC 28557
Phone: 252-808-2808 or 1-888-4RCOAST (1-888-472-6278)
E-mail: John.Thayer@ncmail.net
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