All of Currituck Outer Banks 900 oceanfront properties are located within the State defined “Area of Environmental Concern” and thus are subject to the State’s Coastal Area Management Authority (CAMA) regulations. Here is a brief synopsis of how these regulations affect oceanfront property owners. Of course non-oceanfront owners and guests are also affected as the “dry sand beach” from the toe of the dune to the water is shared public access in North Carolina. When the beach is messed up it affects everyone.
Ocean Hill Oceanfront Building Restrictions
All of Ocean Hill’s 30 oceanfront properties are located within the State defined “Area of Environmental Concern” and thus are subject to the State’s Coastal Area Management Act (CAMA) as described in the publication link State Guidelines For Areas Of Environmental Concern. Here is a brief synopsis of how these regulations affect us as oceanfront property owners.
First, we are required to obtain CAMA authorization prior to any significant land disturbing activity on our property including beach pushes or trucking in sand to restore our dunes. A CAMA exemption letter is required prior to installation of sand fence but not for beach grass
For additions to, or significant repair of, or replacement of structures on our property (including our house, house decks, septic systems, pools, pool decks, dune decks, dune walkways or stairs to the beach) we are required to obtain a CAMA permit in addition and prior to obtaining County building permits. CAMA permits are not required for minor repairs such as single board replacement, painting or staining or replacement of existing hardware.
The application forms for CAMA and building permits may be found on the County website. Part of the application process includes a required Certified Mail notification of neighboring property owners of your plans. Contacting your neighbors by phone or email can greatly expedite this process. The best first step is to contact the Local Permit Officer in Corolla.
Beach Erosion Rate – The natural process of wind and waves causes erosion that drops the elevation and width of the flat beach and drives the dune line to the west. Ocean Hill oceanfront owners have been diligent with trucking in sand, doing beach pushes, installing sand fence and beach grass, but this does little to slow the natural erosion rate. Despite these efforts the reported 50 year average erosion rate for Corolla Light and subdivisions to the north has now increased to three feet per year as determined by the NC Division of Coastal Management, Even more troubling is the County’s 2020 study finding that over the past eleven years the annual erosion rate for all of Corolla has been 6.2 feet per year. Yes, the shoreline is 68 feet closer to your home than it was eleven years ago.
History also shows that there can be a single storm caused erosion that can cause dune recession of 25 feet or more. This occurred with Hurricane Isabel in 2003 when the ocean washed under some of our homes, and as recently as “nor’easter week” of 2018. The 2020 County study simulated what would happen if Isabel returned today, given almost twenty years of additional erosion. This showed that an Isabel-like storm could drop the dune away to a distance of about 65 feet back fro its current location. The study showed that 35 homes in Corolla would have their foundations undermined and 100s of swimming pools destroyed. Once gradual erosion moves the dune peak to within 25 ft of a structure it is reasonable to assume that a single major storm could impact it..
Ocean Hazard Setback for Ocean Hill is now 90 feet – In Ocean Hill no structure attached to a new house, nor an expansion of an existing house, or its septic field can be placed closer than 90 feet from the First Line of Stable Natural Vegetation (FLSNV). The FLSNV is determined by the CAMA official, but is usually at or near the waterward toe of a normal dune or along the dune face. The Ocean Hazard setback is defined as 30 times the State’s adopted beach erosion rate factor.
Over the past decade our long-term erosion rate factor has increased from two to three feet per year and thus this setback has increased from 60 feet to 90 feet. For the six of our oceanfront homes that are 5,000 SF or larger the setback is now 180 ft. This recent increase in the erosion rate to 3 ft/yr has moved the setback line back an additional 30 feet placing 24 of our 30 oceanfront homes within the setback region making them technically non-compliant.
Accessory Structures Permitted within the Ocean Hazard Setback – These include pools, pool decks, detached decks, small sheds, gazebos, dune decks and walkways. These must be built landward of the FLSNV and their construction must not compromise the integrity of the dune as a protective landform. Stairs to the beach are allowed but may extend no more than six feet beyond the toe of the dune. Septic fields are no longer allowed in the setback area.
All of Ocean Hill’s accessory structures were built in compliance with the standards noted above. However, in the time since their construction the dune and the FLSNV have moved eastward and the erosion rate has increased. Ocean Hill owners can see that this erosion has resulted in more than two-thirds of our homes with stairs, beach decks, walkways or even gazebos that are currently non-conforming to the paragraph below. This is not a concern unless these structures need major repair as discussed below.
Minor Repair/Maintenance of Existing, Non-Compliant Structures Allowed – CAMA regulations allow minor repair and maintenance of existing non-compliance homes, septic fields and accessory structures in place with CAMA approval, typically as an exception for a pre-existing structure. Such repairs must be in accordance with current CAMA and County building codes. Repairs are considered minor if their cost does not exceed 50% of the replacement cost for the structure. Damage is considered major if the cost to repair exceeds 50%.
Rebuild of Structures with Major Damage Must Comply with Current Setbacks - If a house, septic system or accessory structure sustains major damage due to storm, fire, or whatever cause; then it can be rebuilt, but its location must comply with the current CAMA and building code regulations. Many of our oceanfront owners are familiar with this requirement as we have had to replace beach stairs, dune decks and walkways to storms over the years. Unless the County begins a significant beach repair program it is inevitable that more stairs, beach decks and walkways will be lost and the replacements will have to be built closer to our homes. In a few cases today homeowner pools are threatened and if lost, their replacement at current size and location is questionable under the current regulations. For structures larger than 5000 sf, there is an exception to the 180’ setback.
Implications if a Home or Ocean Side Septic System Sustains Major Damage – Today none of our 30 oceanfront homes are within reach of a single storm’s erosive damage to its foundation, but the 3 ft/yr erosion rate will bring five of our homes into jeopardy from a single storm this decade. In 15 years more than half of our oceanfront homes will be in such jeopardy if the County does not restore our beach.
Of greater concern is fire damage. Two Ocean Hill homes have been destroyed by fire in the past ten years. In Corolla with our high winter winds there have been several occasions in the past five years when three neighboring homes were destroyed by a single fire despite best efforts by our fire department. If this were to occur the minimum 90 ft ocean hazard setback would require that for 24 of our 30 OF homes would have to relocate the new house, parking and septic system behind the new ocean hazard setback line.
Click on this link to the formal CAMA Regulations.
-----Original Message-----
From: UNC Business <ed_cornet@uncbusiness.net>
Sent: Thursday, May 26, 2022 12:04 PM
To: Corbett, Robert W <Robert.Corbett@ncdenr.gov>
Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Kelly Brady <Kelly.Brady@currituckcountync.gov>; Jennie Turner <jennie.turner@currituckcountync.gov>
Subject: [External] Seawall restrictrions
I met with Kelly Brady today for a FLSNV determination in preparation for installing an oceanfront pool. We have a good thick dune so there doesn't seem to be an issue, but I have a question on behalf of my neighbors here in Ocean Hill.
Since areas in the North and mid sections of Corolla got hit hard by the nor'easter some of the owners have asked me about the restrictions on installing a "sea wall" to protect our pools and houses from storms.
For Currituck County beach re-building even in the worst areas, will be several years of additional engineering studies before even beginning the complex State and Federal permitting process; then contractor selection before any sand can be brought in. Owners in Corolla are asking about the possibility of owner installed sea walls on their private oceanfront property to protect their pools, walkways, decks and even houses.
Could you summarize the restrictions, allowed designs and the process for an owner to apply for a sea wall?
_________________________ ___________________ _______________________
Response from Ron Renaldi - CAMA District Manager in Elizabeth City
Good afternoon Mr. Cornet,
Hope you are doing well and thank you for your inquiry.
The state prohibits permanent shoreline stabilization devices on the oceanfront. Included in this ban are seawalls, groins and other hardened structures. The Coastal Area Management Act (CAMA) is very specific about these types of hardened structures:
§ 113A-115.1. Limitations on erosion control structures.
(a) As used in this section:
(1) "Erosion control structure" means a breakwater, bulkhead, groin, jetty, revetment, seawall, or any similar structure.
(2) "Ocean shoreline" means the Atlantic Ocean, the oceanfront beaches, and frontal dunes. The term "ocean shoreline" includes an ocean inlet and lands adjacent to an ocean inlet but does not include that portion of any inlet and lands adjacent to the inlet that exhibits characteristics of estuarine shorelines.
(b) No person shall construct a permanent erosion control structure in an ocean shoreline. The Commission shall not permit the construction of a temporary erosion control structure that consists of anything other than sandbags in an ocean shoreline.
This is also reinforced in 15A NCAC 07H .0308(a)(1)(B), which states “Permanent erosion control structures may cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach, and, therefore, unless specifically authorized under the Coastal Area Management Act, are prohibited. Such structures include bulkheads, seawalls, revetments, jetties, groins and breakwaters.
The Coastal Resources Commission understands that coastal property owners want to protect their homes from erosion. In fact, the commission has rules that allow property owners to temporarily protect imminently threatened oceanfront structures. A structure is classified as imminently threatened when the erosion scarp reaches within 20 feet of its foundation or septic, or when site conditions increase the risk of imminent damage to the structure
Sandbags provide temporary protection to imminently threatened structures while their owners seek more permanent solutions, such as beach nourishment or relocation of the structure. A CAMA general permit is needed to use sandbags, which may protect a residence, septic system or the road right-of-way, but not gazebos, decks, pools or similar amenities. The fee for a sandbag permit is $400. A structure may be protected only once, regardless of ownership, unless the threatened structure is located in a community that is actively pursuing a beach nourishment project. Sandbags may remain in place for up to two years if the protected structure is 5,000 square feet or less, or for up to five years if the structure is larger than 5,000 square feet. Sandbags also may remain in place for up to eight years, regardless of the protected structure’s size, if the community in which it is located is actively pursuing a beach nourishment project. If the community is not actively pursuing a beach nourishment project, the permitted sandbag timeframe is to be used to plan for and relocate the structure.
Property owners also may protect their property by bulldozing sand to repair a storm damaged dune or create a temporary dune or berm in front of a structure or to shore up a building’s foundation. CRC rules provide for a statutory exemption allowing beach bulldozing to occur without a permit if the structure is considered imminently threatened. However, please be aware that during the sea turtle nesting season (April 1-Nov. 15), a federal moratorium on beach bulldozing exists and beach bulldozing will not be authorized.
Property owners may apply for a CAMA minor permit to truck in sand to place against the damaged dune face to reestablish the seaward dune slope. This may be authorized during the federal moratorium; however, the applicant takes on the legal liability if a turtle take occurs. The USFWS broadly defines Take as "harassment, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." Harassment and harm, not killing, are the most common forms of take for sea turtles on the beach, along with uncovering of nests or damaging nests and eggs. It is strongly recommended that sand importation either occur with placement from the landward side of the dune or outside of the federal moratorium. Sand fencing may also be installed in along the dune face in conjunction with sand importation as long as the fencing meets 15A NCAC 07K .0212 as follows
15A NCAC 07K .0212 INSTALLATION AND MAINTENANCE OF SAND FENCING
Sand fences that are installed and maintained subject to the following criteria are exempt from the permit requirements of the Coastal Area Management Act:
(1) Sand fencing may only be installed for the purpose of: building sand dunes by trapping wind blown sand; the protection of the dune(s) and vegetation (planted or existing).
(2) Sand fencing shall not impede existing public access to the beach, recreational use of the beach or emergency vehicle access. Sand fencing shall not be installed in a manner that impedes or restricts established common law and statutory rights of public access and use of public trust lands and waters.
(3) Sand fencing shall not be installed in a manner that impedes, traps or otherwise endangers sea turtles, sea turtle nests or sea turtle hatchlings.
(4) Non-functioning, damaged, or unsecured, sand fencing shall be immediately removed by the property owner.
(5) Sand fencing shall be constructed from evenly spaced thin wooden vertical slats connected with twisted wire, no more than 5 feet in height. Wooden posts or stakes no larger than 2" X 4" or 3" diameter shall support sand fencing.
(6) Location. Sand fencing shall be placed as far landward as possible to avoid interference with sea turtle nesting, existing public access, recreational use of the beach, and emergency vehicle access.
(a) Sand fencing shall not be placed on the wet sand beach area.
(b) Sand fencing installed parallel to the shoreline shall be located no farther waterward than the crest of the frontal or primary dune; or
(c) Sand fencing installed waterward of the crest of the frontal or primary dune shall be installed at an angle no less than 45 degrees to the shoreline. Individual sections of sand fence shall not exceed more than 10 feet in length (except for public accessways) and shall be spaced no less than seven feet apart, and shall not extend more than 10 feet waterward of the following locations, whichever is most waterward, as defined in 15A NCAC 7H .0305: the first line of stable natural vegetation, the toe of the frontal or primary dune, or erosion escarpment of frontal or primary dune; and
(d) Sand fencing along public accessways may equal the length of the accessway, and may include a 45 degree funnel on the waterward end. The waterward location of the funnel shall not exceed 10 feet waterward of the locations identified in Item (6)(c) of this Rule.
The last option is for Currituck County to pursue a beach nourishment permit to place sand along the Corolla shoreline like the Towns to the south did and are about to do again.
Hope that information helps,
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
NC Department of Environmental Quality
(252)264-3901
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909