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 or 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 removed by the property owner upon discovery.

(5)           Sand fencing shall be constructed from evenly spaced thin (approximately 1 to 1 ½ inches wide) 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 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 07H .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 Sub-Item (6)(c) of this Item.

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

Eff. August 1, 2002;

Readopted Eff. November 1, 2021.