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CURRENT RULE (setbacks)

CURRENT RULE (setbacks). Less than 5,000 square foot or single family. - 30 times annual erosion rate. - 60’ minimum (i.e., 2 ft/yr). More than 5,000 square foot (commercial & multi-family). - 60 times annual erosion rate.

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CURRENT RULE (setbacks)

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  1. CURRENT RULE (setbacks) • Less than 5,000 square foot or single family. - 30 times annual erosion rate. - 60’ minimum (i.e., 2 ft/yr) • More than 5,000 square foot (commercial & multi-family) - 60 times annual erosion rate. - If erosion >3.5 ft/yr, then 30 times rate PLUS 105 ft.

  2. CURRENT RULE (static line) >200,000 cy at 50/cy/ft Shore Protection Project Perpetuity = If non-conforming/unbuildable before static, then forever non-conforming/unbuildable.

  3. NEW RULE (2 – “0305” and “0306”) Striking a balance between “credit” for nourishment projects while not fostering unwise/unsafe development. TWO RULES 15A NCAC 07H. 0305 15A NCAC 07H. 0306

  4. NEW RULE “0305” “0305” – Terminology Rule – what is a beach, a frontal dune, etc. (1) – Defines vegetation line and how it is determined. (2) – Replaces verbiage regarding the static line and addresses the AVL. (3) – Changes parameters for a”large-scale nourishment project (the trigger for a static line). - 300,000 cy (no fill rate provision) - Shore Protection Project

  5. NEW RULE “0306” “0306” – Development Provisions (1) – Total Floor Area (not heated square foot). (2) – Graduated Setbacks.

  6. NEW RULE “0306” (3) – Static line Exemption “Town petitions – CRC decides” A - BEACH NOURISHMENT PROGRAM (1) 30 year nourishment plan (2) demonstrate compatible sand exists for the program (3) provide proof of financial resources

  7. NEW RULE “0306” B – OCEANFRONT CONSTRUCTION (1) 5-years after project (2) development must meet setback of “new” vegetation (3) max. total floor area of new or redevelopment is 2,000 sq. ft. (4) use current erosion rate for setback (5) new development in-line with adjacent structures (6) nothing in setback beside pools (7) no single family exemption (8) CRC can revoke exemption if plan is not adhered to

  8. POTENTIAL ISSUES/COMMENTS • – 2,000 square foot development “if it could be built with a static line, then it can be built with an exemption” “if it could not be built with a static line, then limit is 2,000 square foot” (2) – CRC’s decision is 100% discretionary (3) – Eight setback factors maybe too many. (4) – No administrative procedures (appeals, notices, etc.)

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