Dwane Powell (News & Observer; April 1, 2007) Jeffrey Warren, PhD NC Division of Coastal Management Setbacks and Static Vegetation Line

proposed scenario increased setbacks

1979, NO MAINTENANCE Limited additional development adjacent to large-scale beach fill

Increased setbacks Limited additional development under limited conditions behind large- scale beach fill projects that are/will be maintained SEND TO PUBLIC HEARING TO CONTINUE THE STAKEHOLDER INPUT PROCESS DCM Recommendation

14 bedrooms (Dare County) proposed construction (Atlantic Beach)

1.Setbacks based on size and not use 2.No setback relief for higher erosion rates 3.Increased, graduated setback for larger structures 4.No cantilevering oceanward of setback 5.Criteria for infrastructure setbacks DCM Setback Recommendations

Single family structures no longer exempt

No setback relief for higher erosion rates

DCM recommendation

30 60 <5,000 sq ft >100,000 sq ft >5,000 sq ft >10,000 sq ft>20,000 sq ft>40,000 sq ft>60,000 sq ft>80,000 sq ft Increased, graduated setbacks for larger structures

current scenario

proposed scenario Increased, graduated setbacks for larger structures

1009 Ft. Fisher Blvd., Kure Beach (photo credit: Spencer Rogers) CAMA setback line 28 foot cantilever 8 feet oceanward of Towns streetside setback No cantilevering over setback

Infrastructure criteria

Gulf Shores, AL (Fauver House Moving) Bogue Banks, NC (Rudi Rudolph) RETREAT BEACH FILL

1.Consider hazard mitigation effect of large-scale, maintained beach fill & current building code 2.Provide incentive for large-scale beach fill 3.Continue current static line concept and its justification 4.Allow limited in-fill development under certain criteria DCM Static Line Recommendations

Wrightsville Beach (1979) (post 1965 USACE construction and 1966 and 1970 maintenance) Photo courtesy of Spencer Rogers

1995, PRE-HURRICANES Wrightsville Beach (1995) (post 1981 project, 1991 & 94 maintenance, pre hurricanes) Photo courtesy of Spencer Rogers

Wrightsville Beach (1996) (post hurricanes – Bertha, 1996 and Fran, 1996) Photo courtesy of Spencer Rogers

Wrightsville Beach (1998) (post hurricane – Bonnie, 1998) Photo courtesy of Spencer Rogers

Wrightsville Beach (1999) (post hurricanes – Dennis, 1999 and Floyd, 1999, maintenance in 1998) Photo courtesy of Spencer Rogers

Wrightsville Beach (2001) (post hurricanes – Dennis, 1999 and Floyd, 1999)

1979, NO MAINTENANCE

1.Large scale (USACE or 300 kcy) 2. >30 yr design life 3.Proof of compatible sediment for life of project 4.Resources to pay for life of project 5.Town petitions, CRC decides Beach Fill criteria

>5 yr waiting period must meet veg line setback TFA <2000 sq ft Use current erosion rate In-line with adjacent structures No swimming pools oceanward of static line Additional development criteria

Ineligible for single family exemption CRC can revoke static line exception if beach fill project fails ***In lieu of AVL, Oak Island and OIB receive a static line based on June 1998 veg line Additional development criteria

provision for complex lot geometry

Increased setbacks Limited additional development under limited conditions behind large- scale beach fill projects that are/will be maintained SEND TO PUBLIC HEARING TO CONTINUE THE STAKEHOLDER INPUT PROCESS DCM Recommendation

Defining large scale 44 nav. maint. projects

1.In line current single family exemption for pre-June 1979 lots 2.General threshold of easily moveable 3. Early anecdotal agreement (avg TFA up to mid 1980s) 2,000 sq ft TFA

07H.0309(b)(2) …single family residential structures may be permitted seaward of the applicable setback line…if each of the following conditions are met: -set back max extent feasible -at least 60 feet landward of veg line -not located on or in front of frontal dune -footprint of structure shall be no more than 1,000 sq ft or 10% of lot size, whichever is greater single family exemption (lots platted prior to June 1, 1979)

…means the first line of stable natural vegetation… [07H.0305(f)] This line represents the boundary between the normal dry-sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. [07H.0305(f)] …dune grasses appear the same in terms of species composition and stem density as adjacent non-project dunes… [07H.0305(g)(A)] …the majority of stems are from continuous rhizomes rather than planted individual root sets… [07H.0305(g)(B)] Existing vegetation line language white = existingorange = proposedgreen = similar

…refers to the first line of stable AND natural vegetation… [draft rule 07H.0305(f)] This line represents the boundary between the normal dry-sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. [draft rule 07H.0305(f)] Recommended vegetation line language white = existingorange = proposedgreen = similar

…DCM or LPO shall determine the location of the stable and natural based on visual observations of plant composition and… density. [draft rule 07H.0305(f)] …the majority of plant stems are from continuous rhizomes rather than planted individual root sets. [draft rule 07H.0305(f)] The vegetation may be considered natural when the majority of plants are mature and additional species native to the region have been recruited, providing stem and rhizome densities that are similar to adjacent areas that are naturally occurring. [draft rule 07H.0305(f)] Recommended vegetation line language white = existingorange = proposedgreen = similar