GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 183
The General Assembly of North Carolina enacts:
Section 1. The catch line to Part 6 of Article 7 of Chapter 113A of the General Statutes reads as rewritten:
"Part 6. Coastal and Estuarine Water Beach Public
Beach and Coastal Waterfront Access Program."
Sec. 2. G.S. 113A-134.1 reads as rewritten:
"§ 113A-134.1. Legislative findings.
(a) It is
determined and declared as a matter of legislative findings The General
Assembly finds that there are many privately owned lots or tracts of land
in close proximity to the Atlantic Ocean and the estuarine coastal waters
in North Carolina that have been and will be adversely affected by the
coastal and estuarine waters hazards such as erosion, flooding flooding,
and storm damage. The sand dunes on many of these lots provide
valuable protective functions for public and private property and serve as an
integral part of the beach sand supply system. Placement of permanent
substantial structures on these lots will lead to increased risks of loss of
life and property, increased public costs, and potential eventual encroachment
of structures onto the beach.
(b) The public has
traditionally fully enjoyed the State's ocean and estuarine beaches and
coastal waters and public access to and use of the beaches. beaches
and coastal waters. The beaches provide a recreational resource of
great importance to North Carolina and its citizens and this makes a
significant contribution to the economic well-being of the State. The ocean
and estuarine General Assembly finds that the beaches and coastal
waters are resources of statewide significance and have been customarily
freely used and enjoyed by people throughout the State. Public access to ocean
and estuarine beaches and coastal waters in North Carolina is,
however, becoming severely limited in some areas. Also, the lack of
public parking is increasingly making the use of existing public access
difficult or impractical in some areas. Public purposes would The
public interest would best be served by providing increased access to ocean
and estuarine beaches, beaches and coastal waters and by making
available additional public parking facilities, or other related public
uses. facilities. There is therefore, a pressing need in North
Carolina to establish a comprehensive program for the identification,
acquisition, improvement improvement, and maintenance of public
accessways to the ocean and estuarine beaches. beaches and coastal
waters."
Sec. 3. G. S. 113A-134.2 reads as rewritten:
"§
113A-134.2. Creation of program; administration; purpose. purpose;
definitions.
(a) There is created the Coastal
and Estuarine Water Beach Public Beach and Coastal Waterfront Access
Program, to be administered by the Coastal Resources Commission and the
Department, for the purpose of acquiring, improving improving, and
maintaining property along the Atlantic Ocean and estuarine waters, coastal
waterways to which the public has rights-of-access or public trust rights as
provided in this Article. Part.
(b) The Coastal
Resources Commission and the Department shall use the definition of
"estuarine water”used under this Article to administer this
program. As used in this Part:
(1) 'Public trust resources' has the same meaning as in G.S. 113-131(e).
(2) 'Public trust rights' has the same meaning as in G.S. 1-45.1."
Sec. 4. G. S. 113A-134.3 reads as rewritten:
"§
113A-134.3. Standards for beach public access program.
The Coastal Resource Commission, with the support of
the Department, shall establish and carry out a program to assure the
acquisition, improvement improvement, and maintenance of a system
of public access to ocean and estuarine water beaches. coastal
beaches and public trust waters. This beach public access
program shall include standards to be adopted by the Commission for the acquisition
of property and the use and maintenance of said the property. The
standards shall be written to assure that land acquisition funds shall only be
used to purchase interests in property that will be of benefit to the general
public. Priority shall be given to acquisition of lands which, that due
to adverse effects of coastal and estuarine water natural hazards, such
as past and potential erosion, flooding flooding, and storm
damage, are unsuitable for the placement of permanent structures, including
lands for which a permit for improvements has been denied under rules adopted
pursuant to State law. The program shall be designed to provide and maintain
reasonable public access and necessary parking, within the limitations of the
resources available, to all areas of the North Carolina coast and estuarine coastal
beaches and public trust waters where access is compatible with the natural
resources involved and where reasonable access is not already available as
of June 30, 1981. available.
(b) To the maximum
extent possible, this program shall be coordinated with State and local coastal
and estuarine beach and coastal water management and recreational
programs and shall be carried out in cooperation with local governments.
Prior to the purchase of any interests in property, the Secretary or his
designee shall make a written finding of the public purpose to be served by the
acquisition. Once property is purchased, the Department may allow property,
without charge, to be controlled and operated by the county or municipality in
which the property is located, subject to an agreement requiring that the local
government use and maintain the property for its intended public purpose.
(c) These funds
Subject to any restrictions imposed by law, any funds appropriated or
otherwise made available to the Public Beach and Coastal Waterfront Access
Program may be used to meet matching requirements for federal or other
funds. The Department shall make every effort to obtain funds from sources
other than the general fund for these purposes. General Fund to
implement this program. Funds may be used to acquire or develop land
for pedestrian access including parking or and to make grants to
local governments to accomplish the purposes of this Article. Part.
All acquisitions or dispositions of property made pursuant to this Article
Part shall be in accordance with the provisions of Chapter 146 of
the General Statutes. All grants to local governments pursuant to this Article
Part for land acquisitions shall be made on the condition that the
local government agrees to transfer title to any real property acquired with
the grant funds to the State if the local government uses the property for a
purpose other than beach or coastal waters access."
Sec. 5. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 6th day of June, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives