15A NCAC 07K .0207      STRUCTURAL ACCESSWAYS OVER FRONTAL DUNES EXEMPTED

(a)  The North Carolina Coastal Resources Commission exempts from the CAMA permit requirement all structural pedestrian accessways, including beach matting to provide public or private access over primary and frontal dunes when such accessways can be shown to meet the following criteria:

(1)           The accessway shall not exceed six feet in width and shall be for private residential or for public access to an ocean beach. This exemption does not apply to accessways for commercial use or for motor‑powered vehicular use.

(2)           The accessway shall be constructed so as to make no alterations to the frontal dunes that are not necessary to construct the accessway. This means that the accessway shall be constructed over the frontal dune without any alteration of the dunes. In no case shall the dune be altered so as to diminish its capacity as a protective barrier against flooding by reducing the volume of the dune. Driving of pilings into the dune or a local, State, or federal government's use of beach matting for public access that is installed at grade and involves no excavation or fill shall not be considered alteration of a frontal dune for the purposes of this Rule.

(3)           The accessway shall conform with any applicable local or State building code standards.

(4)           Structural accessways may be constructed no more than six feet seaward of the waterward toe of the frontal or primary dune, provided they do not interfere with public trust rights and emergency access along the beach. Structural accessways are not restricted by the requirement to be landward of the First Line of Stable and Natural Vegetation as described in 15A NCAC 07H .0309(a).

(5)           Damaged, non-functioning, or portions of accessways that become non-compliant with Subparagraph (4) of this Paragraph shall be removed by the property owner.

(b)  Before beginning any work under this exemption, the permit applicant shall notify the CAMA local permit officer or Division of Coastal Management representative of the proposed activity to allow on‑site review of the proposed to ensure the accessway meets the exemption criteria. Notification can be by telephone, in person, or in writing and must include:

(1)           name, address, and telephone number of landowner and location of work including county and nearest community; and

(2)           the dimensions of the proposed structural accessway.

History Note:        Authority G.S. 113A‑103(5)c;

Eff. November 1, 1984;

Amended Eff. December 1, 1991; May 1, 1990;

Readopted Eff. August 1, 2021;

Amended Eff. September 1, 2023; December 1, 2021.