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

(a)  The N.C. Coastal Resources Commission hereby exempts from the CAMA permit requirement all structural pedestrian accessways over frontal dunes which can be shown to meet the following criteria:

(1)           The accessway must not exceed six feet in width and must 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 must be constructed so as to make no alterations to the frontal dunes that are not necessary to construct the accessway.  This means that wherever possible the accessway must be constructed over the frontal dune without any alteration of the dunes.  In no case shall the dune be altered so as to significantly diminish its capacity as a protective barrier against flooding and erosion.  Driving of pilings into the dune 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.

(b)  Before beginning any work under this exemption the CAMA local permit officer or Department of Environment, Health, and Natural Resources representative must be notified of the proposed activity to allow on‑site review of the proposed accessway.  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;

(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.