Development Line Rules

Transcription

1 April 20, 2016 Development Line Rules Division of Coastal Management

2 Oceanfront Construction Setbacks 101 Gives Local Government Setback Line Vegetation Line Rules: 15A NCAC 07H.0306(a) 2

3 Graduated Oceanfront Construction Setbacks Graduated erosion-based setbacks based on size of structures and long-term erosion rates Minimum Setback Factor ( erosion rate ) = 2 feet/year <5,000 sqft x K sqft... x K sqft x K sqft x K sqft x K sqft x K sqft. x85 >100K sqft x90 15A NCAC 07H.0306(a)(5) effective: August 11, 2009

4 Static Vegetation Lines: How do you get one? Static Vegetation Line Setback Line Definition of large-scale beach fill project: greater than 300,000 cubic yards 4 15A NCAC 07H.0305(a)(7)

5 Static Vegetation Lines: When Beach Fill Projects & Maintenance Succeed Gives Local Government Setback Line Static Vegetation Line 5

6 Static Vegetation Line Exception: Provides Relief Static Vegetation Line Exception (March 23, 2009) Once approved by the CRC, the exception allows setback to be measured from FLSN vegetation. Requesting an Exception (as of April 1, 2016) New! Can now request upon completing the construction of the initial large-scale project. Provide the CRC with a 30-year plan to maintain the initial beach fill project that includes: Identification of sand source(s) Identification of financial resources Include a summary of initial project design, any maintenance alterations, and performance Provide supporting documentation, maps, and data Requires CRC reauthorization every 5 years 6

7 Static Vegetation Line Exception: Use Standards & Conditions New! No 2,500 sqft. structure size restriction Must meet setback from FLSN vegetation No portion of new construction can be oceanward of landward-most adjacent structure. No pools oceanward of static vegetation line Structures > 5,000 sqft. must meet minimum setback of 120 feet, or 60 times the shoreline erosion rate in place at the time of permit issuance, whichever is greater. 7

8 Static Vegetation Line & Exception: Local Government Concerns Static vegetation line never expires Some local governments avoiding construction of largescale projects to also avoid getting a static line The term Static Vegetation Line is too abstract, and more difficult to locate on a lot-by-lot basis The process of getting an exception can be costly 8

9 Development Line: Another Management Tool Development Line What is it? It s not the same as the static line It is not used as a reference feature to measure setbacks It is a line established by local governments representing the seaward-most allowable location of oceanfront development. In areas that have development lines approved by the CRC, the vegetation line or measurement line shall be used as the reference point for measuring oceanfront setbacks instead of the static vegetation line. 15A NCAC 07H.0305)(a)(10) 9

10 Development Line: General Use Standards In no case shall new development be sited seaward of the development line. In no case shall a development line be created or established below mean high water line. Setback distance is determined by both size of development and the long-term erosion rate using graduated setback. 15A NCAC 07H.0306(a) 10

11 Development Line: Procedures Development Line request applies to entire large-scale project area; and can be extended to include town s oceanfront jurisdiction Utilize an adjacent neighbor sight-line approach, and where development is not linear, an average line of construction may be used on a case-by-case basis In no case, can a DVL be established seaward of seaward-most structure Existing structures seaward of the DVL may not be replaced if damaged more than 50%. Must be approved by the CRC Once approved, the CRC cannot request a change to the DVL 15A NCAC 07J

12 Development Line: CRC Approval Process Submit to the CRC via the DCM Director: Detailed survey of the DVL using on-the-ground observation and survey, or aerial photography Local regulations associated with the DVL Record of adoption of the DVL by the local government Documentation of incorporation of the DVL into local ordinances, or rules and regulations Survey shall include both the DVL and SVL 15A NCAC 07J

13 Applying the Development Line & Static Vegetation Line Exception in the Field Gives Local Government 13

14 Static Vegetation Line Exception Applied Vacant Lot Most landward No portion of building can extend beyond landward most adjacent neighbor 14

15 Development Line Applied Vacant Lot Utilize an adjacent neighbor sight-line approach resulting in an average line of structures... Where development is not linear, may determine an average line of construction 15

16 Development Line Development Comparing Management Line vs. Static Options Line Exception SVL Exception w/ Amendments Eliminate Static Vegetation Line Assurance of community commitment to maintain initial project (30-year plan) Eliminate maximum structure size limitation (2500 sqft.) No structures seaward of Development Line or adjacent structures (SVL Exception) * * Measure setback from vegetation (FLSNV) Maintain setback requirement Eliminate 5-year waiting period Approved by CRC 16

17 Is the Development Line the Right Choice for You? Pros: Potential cost savings associated with not having to submit Exception reauthorization requests to the CRC In accordance with the DVL rules, gives local government the ability to establish the most seaward limit of development (CAMA setback and USACE easement lines still apply) No Static Vegetation Line Cons: Where a SVL does not currently exist, and a DVL is established beyond the project boundary, could be more restrictive than what s currently allowed. 17

18 Questions or Comments