Oceanfront ruling sought

BOGUE BANKS - An invisible line in the sand that could keep some oceanfront property on Bogue Banks from being rebuilt after a storm or fire has Carteret County seeking time before the state Coastal Resources Commission.

The county's Shore Protection Office is proceeding with a request for a declaratory ruling concerning the designation of a static vegetation line along the oceanfront in Pine Knoll Shores, Indian Beach and Salter Path. The Board of Commissioners gave its approval this week to the plans and the use of the county attorney for such purposes.

Under current state rules, oceanfront construction setbacks are usually measured from the first line of stable, naturally occurring vegetation. In the case of large-scale beach nourishment projects, that first line of vegetation is used to establish a "static" line of vegetation prior to the placement of any sand.

The concern, said Carteret County Shore Protection Manager Greg "Rudi" Rudolph, is that under current rules the static line of vegetation remains a permanent reference for setbacks regardless of how the shoreline may change after a beach nourishment project.

Rudolph said it could keep some beachfront property owners from being able to rebuild after a major storm or fire and any other event that damages their home more than 50 percent.

A declaratory ruling in Carteret's favor would lift the static vegetation line in the communities involved, allowing property owners to measure setbacks from the latest first line of vegetation.

"Property owners would be able to use the vegetation line as it exists today," Rudolph said.

While amendments to the state's oceanfront setback rules are being considered by the CRC, Rudolph said the static vegetation line designation in dispute along Bogue Banks falls under the current rules.

There is disagreement over whether or not the static vegetation line should have been designated for Pine Knoll Shores, Indian Beach and Salter Path prior to a beach nourishment project constructed in 2001-02.

Rudolph said they don't believe the project ever met the threshold to establish the static vegetation line.

"The static line should not have been designated," he said.

A request by the Shore Protection Office to have the designation lifted has been denied by Division of Coastal Management staff.

Rudolph said the declaratory ruling will allow the county to argue its case directly before the Coastal Resources Commission. The county is preparing its request to go before the state panel and will likely do so in September or November.

Rudolph told the Board of Commissioners that there are 19 houses, nine condos and two lots in Pine Knoll Shores and 13 houses and two condos in the Salter Path/Indian Beach area that fall within the area involved in the declaratory ruling request.

The Town of Indian Beach and oceanfront residents in the Salter Path area gave their support to the county effort. The position of Pine Knoll Shores commissioners was that they should take no action that supports construction on the beach and they voted 3-2 against supporting the declaratory ruling.

Rudolph said Pine Knoll Shores is looking at possible zoning rules the town could implement that would essentially negate a favorable declaratory ruling, but by proceeding with the action the Indian Beach and Salter Path communities could still benefit.

Contact Carteret County reporter Jannette Pippin at jpippin@freedomenc.com or 252-808-2275. Visit www.jdnews.com to comment on this report.