09-22-06: Draft Beach Setback Rule Outlined

Wilmington-Star News
Published September 22, 2006
By Gareth McGrath, Staff Writer

Draft beach setback rule outlined

How close to the ocean is too close?

With potentially millions of dollars worth of beachfront property value at stake, it wasn't surprising that the discussion topic drew a standing-room-only crowd at the N.C. Coastal Resources Commission meeting at the Hilton Wilmington Riverside on Thursday.

The issue centers on setback rules for structures along the beachfront.

While a seemingly mundane topic, the setback requirement from the first line of stable vegetation - usually a sea-oat-covered dune - determines whether a lot is buildable and what size structure can be built on it.

Jeff Warren, coastal hazards specialist with the N.C. Division of Coastal Management, said Thursday's discussion on modifying the 27-year-old rule was prompted by the size of the structures now being built along the coast.

The state proposal, dubbed "a vehicle for discussion" Thursday, would replace the fixed rule with a graduated setback requirement.

"This is a big issue," said CRC member Joan Weld, alluding to the economic and physical effects the draft rules could have along the coast.

Here's the skinny on the proposal:

Q: What are the setback rules?

A: For single-family homes and small commercial buildings, it is 30 times the annual erosion rate. Since that's 2 feet a year along most of the coast, the setback requirement is usually 60 feet. Commercial structures greater than 5,000 square feet have a setback requirement of 60 times the erosion rate.

Q: What would the proposed regulations do?

A: Use the total floor area to determine the setback requirement. In short, the larger the structure, the larger the setback.

Q: Would the proposed setback max out?

A: Yes, at 120 times the erosion rate for buildings 125,000 square feet and larger.

Q: Why look at changing the rule now?

A: Warren said that in 1979 no one envisioned the mega-mansions, common along the Outer Banks and increasingly sprouting in Southeastern North Carolina, and other large buildings crowding the state's coastline. The state's largest oceanfront structure is the 16-story residential tower in Ocean Isle Beach, with 220,553 square feet.

Q: What would be the effect of the proposed rule?

A: Adopting a graduated setback approach could reduce the risk posed by large buildings to both the beach and neighboring structures. Those hazards can include more debris if the structure is compromised by wind or waves. It also would move the structures - which aren't practical to be relocated - farther off the beach, reducing their exposure to short-term erosion.

Q: Who supports modifying the setback requirement?

A: It's too new for anyone to take a formal position on it. But Jim Stephenson, coastal analyst with the N.C. Coastal Federation, said at first blush the proposal holds promise.

Q: Who is against it?

A: In general, developers who fear the rule would limit what they could build and where. Most beach towns also have yet to take a formal position on the proposal.

Q: Would the rule change cover beaches that are regularly nourished?

A: Yes. The proposal doesn't distinguish between natural and nourished beaches. On nourished beaches, the static line of vegetation is fixed because the thinking is the pumping of sand has altered the natural dynamics. There is a proposal to soften the static line, which is set in perpetuity. Doing that could open currently unbuildable lots to development.

Q: Do any local beach towns have static lines of vegetation?

A: Yes. All three New Hanover County beach towns do, along with Oak Island and Ocean Isle Beach in Brunswick County.

Gareth McGrath: 343-2384
gareth.mcgrath@starnewsonline.com