Section .0300 ‑ Shorefront Access Policies

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 07 - coastal management/subchapter m/15a ncac 07m .0301.html
Published: 2015

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SECTION .0300 ‑ SHOREFRONT ACCESS POLICIES

 

15A NCAC 07M .0301      DECLARATION OF GENERAL POLICY

(a)  The public has traditionally and customarily had access

to enjoy and freely use the ocean beaches and estuarine and public trust waters

of the coastal region for recreational purposes and the State has a

responsibility to provide continuous access to these resources.  It is the

policy of the State to foster, improve, enhance and ensure optimum access to

the public beaches and waters of the 20 county coastal region.  Access shall be

consistent with rights of private property owners and the concurrent need to

protect important coastal natural resources such as sand dunes and coastal

marsh vegetation.

(b)  The State has created an access program for the purpose

of acquiring, improving and maintaining waterfront recreational property at

frequent intervals throughout the coastal region for public access to these

important public trust resources.

(c)  In addition, some properties, due to their location,

are subject to severe erosion so that development is not possible or feasible. 

In these cases, a valid public purpose may be served by the donation or

acquisition of these properties for public access.

(d)  The primary purpose of the public access program is to

provide funds to acquire or develop land for public access, including parking

as authorized by G.S. 113A-134.3(c).  Boating and fishing facilities are

eligible for funding under the Public Beach and Coastal Waterfront Access

Program provided that pedestrian access is also incorporated in the design of

the facility.

 

History Note:        Authority G.S. 113A‑124; 113A‑134.1;

113A‑134.3;

Eff. March 1, 1979;

Amended Eff. February 1, 2009; January 1, 1998; March 1,

1988; March 1, 1985; July 1, 1982.