CRC enacts new method for setting vegetation line on storm-affected beaches
that are slated for nourishment projects; change took effect in August 2002

The Coastal Resources Commission has adopted a rule change [15 NCAC 7H .0305] that could help property owners who want to build houses on storm-affected beaches that are scheduled for nourishment. The rule took effect Aug. 1, 2002.

How the rule will help property owners

When a hurricane hits a beach community, it causes the vegetation line to recede, sometimes to the point of leaving little room to build on undeveloped oceanfront lots. In most cases, the line will naturally recover to a point farther seaward of the post-storm line.

The first line of stable natural vegetation is important because the Division of Coastal Management uses it in measuring setbacks for oceanfront development. Setbacks protect property from erosion.

The vegetation line moves back and forth with nature, and DCM and local permit staff normally mark the line twice: when a property owner applies for a Coastal Area Management Act permit and just before construction begins. But in situations where a community is about to undergo nourishment, DCM staff must determine a static vegetation line prior to the pumping of sand onto the beach. This is done in recognition that nourishment is not permanent, and to protect public use of the beach.

In some cases, setting this line means that lots made unbuildable by hurricanes could remain that way forever, despite nourishment. When this happens, property owners are not able to benefit from the vegetation line’s recovery as they would on an unnourished beach.

Recognizing the potential hardships this situation can cause, the CRC adopted an alternative method for determining the vegetation line on beaches that have been hit by major storms within three years prior to the awarding of a contract for a nourishment project.

There is no change in the method of determining vegetation lines on individual lots prior to development in non-nourished communities.

How the method works

The alternative method involves creating a template of the typical beach profile using historical aerial photographs, ground surveys and other data. The template is based on normal, non-storm-related beach conditions. The intent is to show the location of the vegetation line relative to the shoreline as if no storm had affected the vegetation line. The line factors in the effects of long-term erosion on the beachfront.

Prior to the start of a nourishment project, DCM staff will apply the template to the existing shoreline. After a period of eight years from the awarding of the nourishment contract, and once the DCM staff has determined that natural vegetation has been re-established on the nourished beach, the template line will be used for setback determinations and related actions. The state Science Panel on Coastal Hazards recommended the eight-year time period because it will allow for two nourishment-maintenance cycles, helping to ensure that the sand project was successful. The Science Panel provides scientific and technical advice to the CRC.