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
(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
History Note: Authority G.S. 113A‑124; 113A‑134.1;
Eff. March 1, 1979;
Amended Eff. February 1, 2009; January 1, 1998; March 1,
1988; March 1, 1985; July 1, 1982.