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For Coastal Zone Managers
Shoreline Structures
Below, examples pertaining to shoreline structures follow an outline of the Surfrider
Foundation's goals in this area.
Shoreline Structures Goals
- Ideally, no new shoreline structures.
- No permanent structures approved under 'emergency' conditions.
- Preference for alternatives to shoreline structures.
- An accurate and up to date inventory of the location and type of shoreline
structures.
- Comprehensive long-term monitoring of effectiveness and for adverse impacts
and cumulative effects.
- Public education about alternatives to shoreline structures, and the potential
adverse impacts and cumulative effects associated with them.
Program Examples
NEW JERSEY
While Chapter 7:7E-7.11 of the New Jersey Administrative Code states that
non-structural solutions to shoreline erosion problems are preferred over
structural solutions, the construction, expansion, or fortification of shore
protection structures are acceptable only if the following five conditions
are met:
- The structure is essential to protect water dependent uses or heavily
used public recreation beach areas in danger from tidal waters or erosion,
or the structure is essential to protect existing structures and infrastructure
in developed shorefront areas in danger from erosion, or the structure is
essential to mitigate, through, for example, the construction of a retained
earthen berm, the projected erosion in an erosion hazard area along a headland
and provide erosion protection for a development that is otherwise acceptable
under the Rules on Coastal Zone Management
- The structure will not cause significant adverse impacts on local shoreline
sand supply
- The structure will not create net adverse shoreline sand movement downdrift,
including erosion or shoaling
- The structure will cause minimum feasible adverse impact to living marine
and estuarine resources
- The structure is consistent with the State's Shore Protection Master Plan
NORTH CAROLINA
North Carolina does not permit hardened structures under the Coastal Area
Management Act (CAMA). There are exceptions made on a case-by-case basis.
The Coastal Resources Commission ban
on seawalls has been incorporated into law. The NC Coastal Area Management Act was amended to permanently
ban these structures.
§ 113A-115.1 Limitations on erosion control structures.
- As used in this section:
- "Erosion control structure" means a breakwater, bulkhead, groin, jetty,
revetment, seawall, or any similar structure.
- "Ocean shoreline" means the Atlantic Ocean, the oceanfront beaches, and
frontal dunes. The term "ocean shoreline" includes an ocean inlet and lands
adjacent to an ocean inlet but does not include that portion of any inlet
and lands adjacent to the inlet that exhibits characteristics of estuarine
shoreline.
- No person shall construct a permanent erosion control structure in an
ocean shoreline. The Commission shall not permit the construction of a temporary
erosion control structure that consists of anything other than sandbags in
an ocean shoreline. This section shall not apply to (i) any permanent erosion
control structure that is approved pursuant to an exception set out in a
rule adopted by the Commission prior to 1 July 2003 or (ii) any permanent
erosion control structure that was originally constructed prior to 1 July
1974 and that has since been in continuous use to protect an inlet that is
maintained for navigation. This section shall not be construed to limit the
authority of the Commission to adopt rules to designate or protect areas
of environmental concern, to govern the use of sandbags, or to govern the
use of erosion coastal structures in estuarine shorelines.
According to North Carolina Administrative Code Title 15A, Chapter 7H, section
.0308 1(B): Permanent erosion control structures may cause significant adverse
impacts on the value and enjoyment of adjacent properties or public access
to and use of the ocean beach, and, therefore, are prohibited. Such structures
include, but are not limited to: bulkheads; seawalls; revetments; jetties;
groins and breakwaters.
North Carolina allows temporary erosion control structures in the form of
sandbags. Rules for these structures can be found in the NCAC Title 15A,
Chapter 7H, section .0308 2(A)-(N). Rules 2(A)-(C) state that:
- Permittable temporary erosion control structures shall be limited to sandbags
placed above mean high water and parallel to the shore.
- Temporary erosion control structures as defined in Part (2)(A) of this
Subparagraph may be used only to protect imminently threatened roads and
associated right of ways, and buildings and associated septic systems. A
structure will be considered to be imminently threatened if its foundation
septic system, or right-of-way in the case of roads, is less than 20 feet
away from the erosion scarp. Buildings and roads located more than 20 feet
from the erosion scarp or in areas where there is no obvious erosion scarp
may also be found to be imminently threatened when site conditions, such
as a flat beach profile or accelerated erosion, tend to increase the risk
of imminent damage to the structure.
- Temporary erosion control structures may be used to protect only the principal
structure and its associated septic system, but not such appurtenances as
gazebos, decks or any amenity that is allowed as an exception to the erosion
setback requirement.
The complete text of North Carolina's Administrative Code Title 15 A, Chapter
7, Subchapter 7H, Section 0.0300 Ocean Hazard Areas is available online in
Adobe Acrobat format. http://www.nccoastalmanagement.net/Rules/Text/t15a-07h.0300.pdf
For a more user-friendly overview of these policies check out the NCDCM Coastal
Hazards and Storm Information website noted above. http://www.nccoastalmanagement.net/Hazards/hazards.htm
OREGON
Through its ocean shore rules the Oregon Parks and Recreation Department
(OPRD) administers a permit program for ocean shore alterations. This includes
the construction of shoreline protective structures, beach access ways, dune
grading and other sand alterations, the routing of pipelines and cables beneath
the ocean shore, marine algae collection, and natural product removal. http://www.prd.state.or.us/regulatory-shores.php
According to ORS 390.655 Standards for improvement permits. The State Parks
and Recreation Department shall consider applications and issue permits under
ORS 390.650 in accordance with standards designed to promote the public health,
safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676,
390.690 and 390.705 to 390.770. The standards shall be based on the following
considerations, among others:
- The public need for healthful, safe, esthetic surroundings and conditions;
the natural scenic, recreational and other resources of the area; and the
present and prospective need for conservation and development of those resources.
- The physical characteristics or the changes in the physical characteristics
of the area and suitability of the area for particular uses and improvements.
- The land uses, including public recreational use if any, and the improvements
in the area, the trends in land uses and improvements, the density of development
and the property values in the area.
- The need for recreation and other facilities and enterprises in the future
development of the area and the need for access to particular sites in the
area. [1969 c.601 §11; 1979 c.186 §22]
Statewide Planning Goal 17 Implementation Requirement 5 states that: Land-use
management practices and non-structural solutions to problems of erosion
and flooding shall be preferred to structural solutions. Where shown to be
necessary, water and erosion control structures, such as jetties, bulkheads,
seawalls, and similar protective structures; and fill, whether located in
the waterways or on shorelands above ordinary high water mark, shall be designed
to minimize adverse impacts on water currents, erosion, and accretion patterns.
Statewide Planning Goal 18 Implementation Requirement 5 states that: "Permits
for beachfront protective structures shall be issued only where development
existed on January 1, 1977. Local comprehensive plans shall identify areas
where development existed on January 1, 1977. For the purposes of this requirement
and Implementation Requirement 7 "development" means houses, commercial and
industrial buildings, and vacant subdivision lots which are physically improved
through of streets and provision of utilities to the lot and includes areas
where an exception to (2) above has been approved. The criteria for review
of all shore and beachfront protective structures shall provide that:
- visual impacts are minimized;
- necessary access to the beach is maintained;
- negative impacts on adjacent property are minimized; and
- long-term or recurring costs to the public are avoided.
RHODE ISLAND
According to Bernd-Cohen and Gordon (1999), the Rhode Island coastal program
regulates defined coastal features. The Coastal Resources Management Council
(CRMC) regulates activities within and 200 feet landward of coastal beaches
and dunes, barrier beaches, bluffs, cliffs, banks, rocky shores, and manmade
shorelines. Complex coastal zoning designates what types of activities are
permissible on shoreline features, tied to six state water classifications.
About 75% of the shoreline is adjacent to Type I Waters (conservation) or
Type II Waters (low intensity use areas), where alteration or construction
of shoreline features and undeveloped beaches is prohibited. In addition,
activities are regulated by different setbacks from beaches and dunes, critical
erosion areas, and coastal buffer zones. There are also regulations for specific
types of activities, such as dredging, filling, and new residential structures,
as well as 17 designated coastal hazard areas and 18 identified erosion-prone
areas. On the dunes of barrier beaches, residential or non-water dependent
structures destroyed by more than 50% may not be rebuilt regardless of insurance
carrier coverage. Additions are allowed to structures designated for priority
permissible uses. CRMC policies prohibit new development on undeveloped and
moderately developed barrier beaches. Data show that at least 65% of all
barrier beaches have had no new permitted development or shoreline stabilizations
since 1971.
The complete text of Rhode Island's Coastal Zone Buffer Program can be found
on the Stormwater Managers Resource Center Web site:
http://www.stormwatercenter.net/Model%20Ordinances/rhode_island_buffer_ordinance.htm
Rhode Island state policy prohibits the construction of new hardened structures
on barriers, headlands, and other coastal features abutting Type 1 waters,
and on barriers and coastal wetlands anywhere in the state. Type 1 waters
are defined as areas that are unsuitable for structures due to their exposure
to severe wave action, flooding, and erosion, or areas adjacent to wildlife
refuges and conservation areas. All land with open ocean exposure falls into
this category (see above).
Information regarding prohibitions on armoring is detailed in CRMC's 1995
Rhode Island Coastal Resources Management Plan. This plan is available for
download from the CRMC Web site at:
http://www.crmc.state.ri.us/regulations/RICRMP.pdf
SOUTH CAROLINA
South Carolina law 'Alterations Seaward of Baseline and Setback Line' states
that no new erosion control structures may be built seaward of the setback
line except to protect a public road that existed before the Beachfront Management
Act went into effect.
Once the baseline was established a second line of jurisdiction, called the
setback line, was drawn. The setback line was intended to be a projection
of where the baseline would be located in 40 years. It was located landward
from the baseline, at a distance equal to the average annual erosion rate
multiplied by 40. For stable or accretional beaches with a zero rate, the
setback line was located a minimum of 20 feet landward of the baseline. This
setback line, which for some highly erosional beaches fell hundreds of feet
landward of the baseline, marked the landward limit of the Coastal Council's
jurisdiction. All new structures seaward of this line were limited to 5,000
square feet of space, and were required to be located as far landward as
practical. These changes in state law were designed to give property owners
reasonable use of their land, while at the same time keeping large commercial
structures off the beach. In addition, new erosion control devices such as
seawall, bulkheads, and revetments were prohibited seaward of the setback
line. Existing erosion control structures may be maintained, but not enlarged,
strengthened, or rebuilt. If they are destroyed, they must be removed by
the owner.
Definition of "destroyed" is as follows (determined by a registered professional
engineer):
Until June 30, 2005, a structure is destroyed if damage is greater than 66%
After June 30, 2005, a structure is destroyed if damage is greater than 50%
Source: Lennon, G. et al. (1996). Living with the South Carolina Coast and
SCORMP
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