NC Coastal Management Program Update. Mike Lopazanski Policy & Planning Section Chief April 3, 2015

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1 NC Coastal Management Program Update Mike Lopazanski Policy & Planning Section Chief April 3, 2015

2 NC Coastal Area Management Act (1974) Balances competing coastal pressures through development permitting and creation of a Coastal Resources Commission Addresses coastal growth and related issues through local/state partnership Conserves undeveloped land for education and research through a Coastal Reserve Program Enhances public access to beaches and coastal waters through grants to local governments 2

Division of Coastal Management - Sections Regulatory Program 4 District Offices; Local Permitting Officers Policy and Planning Policy development w/

3 Division of Coastal Management - Sections Regulatory Program 4 District Offices; Local Permitting Officers Policy and Planning Policy development w/ CRC CAMA Land Use Planning Waterfront Access Grants Clean Marina Program Coastal Reserve Program 10 Coastal Reserves Focus on research and education 3

NC Coastal Resources Commission Since 1974, establishes policies and rules under the CAMA and the NC Dredge & Fill Act 13 members appointed by the Governor, Senate, House

4 NC Coastal Resources Commission Since 1974, establishes policies and rules under the CAMA and the NC Dredge & Fill Act 13 members appointed by the Governor, Senate, House Membership includes local gov t, fishing, wildlife, agriculture, coastal land development experience Designates Areas of Environmental Concern and related rules & policies 4

5 Ocean Hazard Areas of Environmental Concern DCM jurisdiction includes: Ocean Erodible Area Inlet Hazard Areas Unvegetated Beach Area Erosion rate-based setbacks based on size of structures Dune protection Erosion-control structures CSDR and inlet projects 5

6 CRC Policy and Rulemaking Changes to OHA Boundaries Amendments to Static Line Rules New Oceanfront Development Line rules Grandfathering for Beachfront Setbacks State Port Inlet Management AEC Improvements to Beach Bulldozing GP Amendments to Sandbag Rules 6

7 7 Changes to Ocean Hazard Areas of Env. Concern Removal of High Hazard Flood Area (9/15) Duplicated building codes, NFIP standards, and local flood ordinances Net decrease of 10,000 properties from CRC jurisdiction Most simply required exemption letters/$50 fee Changes to Ocean Erodible Area Removed 100-Year Storm Recession Line Changed formula to 90 X (local erosion rate) Only affects permitting area, not setback Net decrease of 4,500 structures in jurisdiction

8 Static Vegetation Lines: How do you get one? Static Vegetation Line Setback Line Definition of large scale beach fill project: greater than 300,000 cubic yards 8 15A NCAC 07H.0305(a)(7)

9 Gives Local Government Static Vegetation Lines: When Beach Fill Projects & Maintenance Succeed Setback Line Static Vegetation Line 9

10 Static Vegetation Line Exception Applied Vacant Lot Most landward No portion of building can extend beyond landward most adjacent neighbor 10

11 Static Vegetation Line Exception: Provides Relief Static Vegetation Line Exception (March 23, 2009) Once approved by the CRC, the exception allows setback to be measured from FLSN vegetation. Requesting an Exception (as of April 1, 2016) New! Can now request upon completing the construction of the initial large-scale project. 11 Provide the CRC with a 30-year plan to maintain the initial beach fill project that includes: Identification of sand source(s) Identification of financial resources Include a summary of initial project design, any maintenance alterations, and performance Requires CRC reauthorization every 5 years WB, CB, OIB, Bogue Banks have them

12 12 Static Vegetation Line Exception: Use Standards & Conditions New! No 2,500 sqft. structure size restriction Must meet setback from FLSN vegetation No portion of new construction can be oceanward of landward-most adjacent structure. No pools oceanward of static vegetation line Structures > 5,000 sqft. must meet minimum setback of 120 feet, or 60 times the shoreline erosion rate in place at the time of permit issuance, whichever is greater.

13 Development Line: Another Management Tool Development Line (effective April 01, 2016) What is it? It s not the same as the static line It is not used as a reference feature to measure setbacks It is a line established by local governments representing the seaward-most allowable location of oceanfront development. In areas that have development lines approved by the CRC, the vegetation line (or measurement line) shall be used as the reference point for measuring oceanfront setbacks instead of the static vegetation line. 15A NCAC 07H.0305)(a)(10) 13

14 Development Line: CRC Approval Process Submit to the CRC via the DCM Director: Detailed survey of the DVL using on-the-ground observation and survey, or aerial photography Local regulations associated with the DVL Record of adoption of the DVL by the local government Documentation of incorporation of the DVL into local ordinances, or rules and regulations Survey shall include both the DVL and SVL 15A NCAC 07J

15 Development Line: Procedures Development Line request applies to entire large-scale project area; and can be extended to include town s oceanfront jurisdiction Utilize an adjacent neighbor sight-line approach, and where development is not linear, an average line of construction may be used on a case-by-case basis In no case, can a DVL be established seaward of seaward-most structure Existing structures seaward of the DVL may not be replaced if damaged more than 50%. Must be approved by the CRC Once approved, the CRC cannot request a change to the DVL 15 15A NCAC 07J.1300

16 Development Line Applied Vacant Lot Utilize an adjacent neighbor sight line approach resulting in an average line of structures... Where development is not linear, may determine an average line of construction 16

17 Development Line: General Use Standards In no case shall new development be sited seaward of the development line. In no case shall a development line be created or established below mean high water line. Setback distance is determined by both size of development and the long term erosion rate using graduated setback. 15A NCAC 07H.0306(a) 17

18 CRC Approved Development Lines: Town of Carolina Beach Entire length of jurisdictional oceanfront Approved by the CRC on September 14, 2016 Town of Oak Island Entire length of jurisdictional oceanfront OI Significantly impacted by Hurricane Matthew Town of Kure Beach (Pending) Figure Eight Island (Pending) 18

19 Development Line Development Comparing Management Line vs. Static Options Line Exception SVL Exception w/ Amendments Eliminate Static Vegetation Line Assurance of community commitment to maintain initial project Eliminate maximum structure size limitation (2500 sqft.) No structures seaward of Development Line or adjacent structures (SVL Exception) * * Measure setback from vegetation (FLSNV) Maintain setback requirement Eliminate 5-year waiting period Approved by CRC 19

20 20 Grandfathering of Beachfront Setbacks Allow reconstruction of oceanfront commercial and residential structures up to 10,000 sf when nonconforming with setbacks Eeffective date February 1, 2017 Mirrors 2012 legislative provision for single family & duplex residential structures post Currituck fires Only applies to structures built prior to Aug 11, 2009 Replacement structures must meet standards No expansion of footprint and must be built as far landward as possible Minimum setback of 60 from FLSNV

21 21 State Port Inlet Management Areas New Beaufort and Cape Fear Inlet designations Recognizing unique dynamics of inlets dredged for deep draft navigation / commercial shipping Replaces Inlet Hazard Area designations Rulemaking underway Flexibility for use of temporary erosion control Local governments can use sandbags to protect dunes and infrastructure Geotextile sand tubes are allowable

22 Hurricane Matthew 22 October 8, 2016 Widespread inland flooding Cumberland, Lenoir, Johnston, Robeson Counties $1.5 Billion in damage to 100,000 homes, businesses, & government buildings NC-12 Overwash between Bonner Bridge and Hatteras Overwash on Ocracoke Sandbag structure and road repair Kitty Hawk Oak Island dunes and vegetation impacted

23 Hurricane Matthew Spring 2016 Vegetation (pre storm ) Oct. 10, 2016 Vegetation (post storm) 23 Vegetation Loss Approx. 100 ft.

Emergency Operations Center Report damage

24 24 Division of Coastal Management hurricane response Participate in Emergency Operations Center Report damage / assessments Work closely with DOT on NC 12, bridges, culverts Implemented Emergency CAMA General Permit (.2500) No fee, can be issued quickly for beach bulldozing, dredging, piers, bulkheads, erosion control structures

25 Legislative Items of Interest Shallow Draft Navigation Channel Fund Reduced cost-share & added Hatteras Inlet Funded work at Oregon Inlet DCM to study/develop state strategy for beach erosion Funded update to NC BIMP by Dec DCM contributing literature review of economic benefits and support of data collection effort related to property ownership *Added a beach and inlet mgmt. position at DCM Directed CRC to amend sandbag rules Raised cap on terminal groins to 6 New River Inlet and Bogue Inlet

State Participation In Siting AIWW Easements DCM, DEQ, SPO authorized to negotiate with federal govt for the State to

26 2017 Proposed Legislative Items of Interest SB 131 Regulatory Reform CRC Rules on Temporary Erosion Control Direct CRC to Amend Sediment Criteria Rule DCM Study Current Long-Term Erosion Rates Adjacent To Terminal Groins SB 434 State Participation In Siting AIWW Easements DCM, DEQ, SPO authorized to negotiate with federal govt for the State to assume responsibility for acquiring dredged material easement sites for maintenance dredging of AIWW Beaufort Inlet north. 26

27 Coming up.. Coming in 2017 and beyond Continuing work on Living Shorelines Looking at dune protection rules Science Panel looking at Inlet Hazard AEC Refining sediment criteria Shifting focus on Planning & Management Grants Interest in new FEMA Flood Maps Hyde County drainage issues Kitty Hawk Wind Energy- bid process later in 2017 Periodic Rules Review with the RRC 27

28 Coastal Resources Commission Seats Coastal Resources Commission Appointments Renee Cahoon named Chair Two vacancies one Gov apt, one House appt Next terms end June 30, of 13 seats (5 governor, 2 house, 1 senate) terms end 6/30/2018 Other 5 seats (3 governor, 1 senate) terms end 6/30/2019 Governor appoints the Chair from the existing Commission per 113A

NC Division of Coastal Management

November 14, 2016 NC Division of Coastal Management NCBIWA Update NC Coastal Area Management Act (1974) Balances competing coastal pressures through development permitting and creation of a Coastal Resources