DRAFT - 10/25/01
SECTION .0300 - OCEAN HAZARD AREAS

.0305 GENERAL IDENTIFICATION AND DESCRIPTION OF LANDFORMS

(a) Ocean Beaches. Ocean beaches are lands consisting of unconsolidated soil materials that extend from the mean low water line landward to a point where either:

(1) the growth of vegetation occurs, or

(2) a distinct change in slope or elevation alters the configuration of the landform, whichever is farther landward.

(b) Nearshore. The nearshore is the portion of the beach seaward of mean low water that is characterized by dynamic changes both in space and time as a result of storms.

(b) (c) Primary Dunes. Primary dunes are the first mounds of sand located landward of the ocean beaches having an elevation equal to the mean flood level (in a storm having a one percent chance of being equaled or exceeded in any given year) for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression behind that same mound of sand (commonly referred to as the dune trough).

(c) (d) Frontal Dunes. The frontal dune is deemed to be the first mound of sand located landward of the ocean beach having sufficient vegetation, height, continuity and configuration to offer protective value.

(d) (e) General Identification. For the purpose of public and administrative notice and convenience, each designated minor development permit-letting agency with ocean hazard areas may designate, subject to CRC approval, a readily identifiable land area within which the ocean hazard areas occur. This designated notice area must include all of the land areas defined in Rule .0304 of this Section. Natural or man-made landmarks may be considered in delineating this area.

(e) (f) "Vegetation Line" means the first line of stable natural vegetation, which shall be used as the reference point for measuring oceanfront setbacks. This line represents the boundary between the normal dry-sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. It is generally located at or immediately oceanward of the seaward toe of the frontal dune or erosion escarpment. In areas where there is no stable natural vegetation present, this line shall be established by connecting or extending the lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either on-ground observation or by aerial photographic interpretation) to establish the line. In areas within the boundaries of a large scale beach nourishment or spoil deposition project, the vegetation line that existed before commencement of the project shall be used as the vegetation line for determining oceanfront setbacks after the project is completed except for those circumstances described under .0305(f) for projects constructed after September 1, 2000. A project shall be considered large scale when:

(1) it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more than 50 cubic yards of sand per linear foot of shoreline, or

(2) it is a Hurricane Protection project constructed by the U.S. Army Corps of Engineers.

(f) (g) If within twothree years prior to the award of contract date initiation of construction of a large scale project as defined in (e)(f)(1) or (2) above, a large storm or series of storms cause the vegetation line to be relocated landward of its normal position relative to other natural features of the beach such as the typical high water or mid-tide line, the affected local government may request that the CRC establish a storm effect mitigated pre-project vegetation line an alternative vegetation line where the storm effect on the vegetation line contained within the boundaries of a large scale beach nourishment or spoil deposition project is mitigated. Once the CRC grants the local government’s request to establish a storm effect mitigated pre-project vegetation line an alternative vegetation line, the following activities will be conducted:

(1) A primary pre-project vegetation line shall be established prior to the onset of project construction as described in (e)(f) above, and;

(2)A storm effect mitigated pre-project An alternative vegetation line shall be determined based on a dry sand beach profile width template (measured from the wet/dry line or other appropriate shoreline indicator to the vegetation line) developed by DCM staff from analysis of historic aerial photographs, a ground reconnaissance survey of the site and adjacent areas, and where available, other historic data such as beach profiles and site specific studies. The template will be based on normal, non-storm related beach conditions and is intended to show the location of the vegetation line relative to the existing shoreline as if no storm had affected the location of the vegetation line. The template will be applied to the existing shoreline immediately prior to the commencement of project construction.

(3) After a minimum time period of 8 years from the award of contract date of the large scale project as defined in (f)(1) or (2), and the Once Division of Coastal Management personnel have determined that natural vegetation is reestablished on the large scale project such that, (i) the dune grasses appear the same in terms of species composition and stem density as adjacent non-project dune areas, (ii) the majority of stems are from continuous rhizomes rather than planted individual rooted sets and, (iii) the vegetation is established and stable at least as far seaward as the storm effect mitigated pre-project vegetation line, then the storm effect mitigated vegetation line may be used to replace the primary pre-project vegetation line for setback determinations and other appropriate regulatory actions.

(f) (g)(h)"Erosion Escarpment" means normal vertical drop in the beach profile caused from high tide or storm tide erosion.

(g) (h)(i) Measurement line means the line from which the ocean front setback as described in Rule .0306(a) of this Section is measured in the unvegetated beach area of environmental concern as described in Rule .0304(4) of this Section. Procedures for determining the measurement line in areas designated pursuant to Rule .0304(4)(a) of this Section shall be adopted by the Commission for each area where such a line is designated pursuant to the provisions of G.S. 150B. These procedures shall be available from any local permit officer or the Division of Coastal Management. In areas designated pursuant to Rule .0304(4)(b) of this Section, the Division of Coastal Management shall establish a measurement line that approximates the location at which the vegetation line is expected to reestablish by:

(1) determining the distance the vegetation line receded at the closest vegetated site to the proposed development site; and

(2) locating the line of stable natural vegetation on the most current pre-storm aerial photography of the proposed development site and moving this line landward the distance determined in Subparagraph (g) (1) of this Rule.

The measurement line established pursuant to this process shall in every case be located landward of the average width of the beach as determined from the most current pre-storm aerial photography.

History Note: Authority G.S. 113A-107; 113A-113(b)(6); 113A-124; Eff. September 9, 1977; Amended Eff. December 1, 1992; September 1, 1986; December 1, 1985; February 2, 1981; Temporary Amendment Eff. October 10, 1996; Amended Eff. January 1, 1997; Temporary Amendment Eff. October 10, 1996 Expired on July 29, 1997; Temporary Amendment Eff. October 22, 1997; Amended Eff. August 1, 1998; Amended Eff. August 1, 2002.