Courtney
Hackney, Member, Coastal Resources Commission
15
February 2001
In the last 10 years, it seems that all coastal space has been taken up.
Oceanfront development is at an end; almost “all” lots are developed
Now political pressure takes over concerning development decisions
The CRC makes the rules and then puts them into effect. This process takes up to 8 months and more.
The rule-making process requires several steps including:
Budget analysis; what is the impact of the rule on the state’s budget?
Economic Analysis
Advertise the proposed rule
Public hearings; for example, it took 41 public hearings for the 30-foot estuarine buffer
Legislative analysis; if any legislator does not like the rule, then they can ask that the rule be pulled; if no one objects during a 31 day period, the rule goes into effect
In today’s political reality, we develop rules that no one objects to
For example, the NC Homebuilders appear to object to all controls on construction
Water quality rules are so complicated today because they must be consistent with EPA rules, local rules, and other federal rules, e.g. federal flood insurance.
Federal consistency
If a county allows building in a flood zone, the federal government can hold up all payments throughout the county. This is a powerful control by the federal government---$$$$!
An example of this is that the Wilmington Waterfront development wished to allow a restaurant over the water (Cape Fear River). The Rivers and Harbors Act (1899) states that development near navigable waters must receive a permit from the Federal Government. The North Carolina legislature supported the restaurant development over the water, but it was inconsistent with CAMA. Although the bill passed and the state gave the permit for development over water, federal consistency rules caused the Federal Government to deny a permit (US Army Corps of Engineers).
Other Coastal Issues
Hard structures—Sea walls and other shoreline structures
The prohibition on seawalls in NC has been strengthened by recent events.
The CRC has strengthened its right to protect the beach
Oceanfront setback rules—sea level is rising and shoreline erosion is likely to continue
Oceanfront shoreline construction setback line is 30 times the annual erosion rate
After nearly 30 years of enforcing this rule (1974-2001), the shoreline erosion is catching up with development and more and more homes are in jeopardy.
These oceanfront houses have become larger and larger and difficult to move. There are hundreds of homes larger than 5,000 sq. feet
What do we do when these homes begin falling into the ocean at an increasing rate?
Communities have a vested interest in these homes because of the large tax base they represent and the amount of infrastructure that communities have invested in to support these homes.
What is the response to the loss of these structures? Beach Renourishment
Who pays for beach renourishment? 60% federal; 30% state; 10% local
Federal government is 100% responsible for dredging navigable waterways. Can we use waterway dredged material to nourish beaches?
Problem with beach renourishment
Not enough sand is available offshore; there is a lot of sand in the Capes (Hatteras, Lookout, Fear)
Most communities cannot afford the cost of renourishment
Water Quality—the water quality in the state continues to decline
The CRC only regulates development; the CRC has no authority to rule on water quality or fish stocks or things like that.
North Carolina has no ocean outfalls for sewage, so generally, NC’s ocean water quality is good.
The zone from 0-6 feet along all shorelines is the critical area. Development in this zone results in water quality decline.