Fee for sandbag permits is needed to offset monitoring costs

Earlier this year, the N.C. Coastal Resources Commission adopted a fee for sandbag permits. The fee took effect Aug. 1, 2002.

Sandbags are an increasingly popular tool for temporarily protecting oceanfront structures from erosion while homeowners seek more permanent solutions, such as beach nourishment or relocation of the structure. A Coastal Area Management Act general permit is needed to use sandbags, which may protect a residence, septic system or the road right-of-way, but not gazebos, decks or similar amenities. A structure may be protected only once, regardless of ownership.

A complex enforcement issue

The fee decision came about after the Department of Environment and Natural Resources asked its divisions to explore using permit fees to make their regulatory programs more self-sufficient.

Currently, the Division of Coastal Management does not charge for sandbag placement authorized under the general permit for emergency work [15A NCAC 7H .1700]. This is the only activity that does not have a permit fee, and it is inconsistent with the amount of staff time and effort necessary for permitting and monitoring sandbags. The number of general permits issued yearly for sandbags has not been significant, but permit requests are steadily increasing as coastal erosion worsens. The record-keeping effort and complexity of enforcement issues already are significant and will become more so as sandbag usage along the coast grows.

The CRC adopted a $250 fee to offset future monitoring and record-keeping costs. Because of these costs, DCM staff recommended that the fee be higher than other CAMA general permits, which cost $100 for most projects. Other emergency work authorized under the general permit will not be subject to the fee.

Sandbag permits are time-consuming

A fee for sandbag permits is justified because issuing them is not a simple as filling out a form.

• DCM field officers visit every site of proposed sandbag use, to confirm that bags are needed.

• Global positioning coordinates for every sandbag project are entered into DCM's geographic information systems database.

• Sandbag projects must be monitored repeatedly to ensure compliance with size, placement and color requirements and to determine that bags have not deteriorated or have become a hazard on the beach.

• Sandbag projects are subject to time limits of two to five years, depending on the type of structure they protect. Sandbags in use on beaches that are pursuing nourishment projects may remain in place until May 1, 2008. These time limits make sandbag projects unique among CAMA-regulated activities and add to the staff's record-keeping and monitoring load. (The CRC put time limits on sandbag usage because the commission must protect access to the public beach. Sandbags that are left too long can end up sitting in the surf zone, blocking beach access and starving sand from neighboring property.)

Public hearing held in January

The CRC held a public hearing on the proposal on Jan. 23 at Elizabeth City State University, and written comments were accepted through Feb. 1.