§ 46-26. Dunes protection.

(a)

Purpose. The sand dunes are part of the beach structure and the primary defense against ocean overwash, and this section is adopted to establish regulations to preserve and protect existing frontal dunes and to promote the growth and recovery of frontal dunes damaged during natural disasters. A healthy dune structure can mitigate the effects of ocean water storm surge, flood, and wave action accompanying ocean storms; preserve wildlife habitat; and enhance the aesthetics of the oceanfront area.

(b)

Definitions. As used in this section the following terms shall be defined as stated. The masculine gender includes the feminine and neuter genders and the singular includes the plural. Further, the restrictions and limitations included in the definitions shall apply to this section:

Conforming walkway means a walkway constructed according to the Coastal Area Management Act (CAMA), the North Carolina State Building Code, and section 74-207 of the Town of Pine Knoll Shores Code of Ordinances.

Frontal dunes means the dunes designated by the North Carolina Division of Coastal Management as the "frontal dune"; otherwise they are the first mounds of sand located landward of the waters of the Atlantic Ocean with sufficient vegetation, height, and configuration to offer protection from ocean storms.

Nonconforming walkway means a boardwalk or sidewalk constructed of wood, masonry, and/or fabricated materials, or any combination thereof, which exists as of the date of adoption of this section and does not comply with the requirements of a conforming walkway. At such time as a nonconforming walkway is destroyed or damaged to more than 50 percent of the cost of its replacement cost at the time of damage, the walkway shall be repaired and/or replaced in conformity with the provisions of this section. Oceanfront property owners are encouraged to construct a conforming walkway to provide pedestrian access to the beach strand in order to better preserve the frontal dunes.

Oceanfront property owner means the record owner of title to property that is adjacent to the public trust area of the Atlantic Ocean beach strand, and the invitees of such owner. If the owner is a business entity, nonprofit entity, or trust, the officers, owners of the entity, members of the entity and/or trustees and beneficiaries of the trust shall be deemed to be the owner. While certain rights are reserved in this section to the oceanfront property owner on that part of the frontal dune within the owner's boundaries, for the part of the frontal dune seaward of the owners' boundary, the only activity permitted will be:

(1)

Use of paths existing before the adoption of this section to traverse the frontal dune;

(2)

Maintenance and use of a nonconforming walkway;

(3)

Construction, use and maintenance of a conforming walkway; and

(4)

Participation in any plan authorized by the town for the erection of sand fences or planting of vegetation.

Public beach access point means an area designated and marked as "CAMA Public Beach Access".

(c)

Activities on dunes prohibited. It shall be unlawful for any person to go upon or cross any portion of the frontal dune except as provided herein, or to damage vegetation thereon, or to remove, relocate or otherwise disturb sand thereon. Further, it shall be unlawful for any person to allow his pet go upon or cross any portion of the frontal dune, except as provided herein, or to damage vegetation thereon or to disturb the sand thereon. Examples of specifically prohibited activities include, but are not limited to, walking on or over the frontal dunes, playing on frontal dunes, climbing on frontal dunes, removing dune vegetation, excavating the frontal dune, allowing pets to go on frontal dunes, and other activities that reduce the stability of the frontal dune and potentially decrease its storm protection value, wildlife habitat value, and aesthetic value.

(d)

Exceptions for vegetation, fencing and regulatory activities. Oceanfront property owners within the boundaries of their property, town officials, or agents of either may go upon or traverse on the frontal dune to make dune repairs (when the same can be accomplished without harming vegetation), plant vegetation, install sand fencing, and otherwise maintain the frontal dune. Federal, state, and local officials engaged in official regulatory activities are authorized to go upon and traverse the frontal dunes over areas where there is either a public trust right or a specific easement for the same. Information on proper maintenance and installation of sand fences in accordance with CAMA regulations published in the "Dune Book", a N.C. Sea Grant publication, will be provided to ocean front property owners.

(e)

Exceptions for private owners of frontal dunes. Oceanfront property owners may go upon the frontal dune to inspect the same and the vegetation, sand fences or walkway thereon as long as such inspection does not damage either the vegetation thereon or the structure of the dune. Notwithstanding this provision, an oceanfront property owner may remove beach vitex (vitex rotundifolia) from his frontal dune and other invasive plant species as permitted in section 38-12 of this Code.

(f)

Exceptions for beach access.

(1)

Oceanfront property owners may go upon or traverse the frontal dune along a pathway existing before the adoption of this section, or a nonconforming walkway or a conforming walkway, for purposes of accessing the beach strand.

(2)

Members of the general public may cross the frontal dune within the confines of public beach access points maintained by the town.

(g)

Penalties. Violation of this section shall result in the penalties provided in section 1-12 of the Town Code.

(Ord. No. 2011-08, § II, 9-13-2011; Ord. No. 2011-11, 9-27-2011)