15A NCAC 07H .0311      INSTALLATION AND MAINTENANCE OF SAND FENCING

(a)  Sand fencing may only be installed for the purpose of building sand dunes by trapping wind blown sand; the protection of the dune(s) and vegetation (planted or existing).

(b)  Sand fencing shall not impede existing public access to the beach, recreational use of the beach, or emergency vehicle access.  Sand fencing shall not be installed in a manner that impedes or restricts established common law and statutory rights of public access and use of public trust lands and waters.

(c)  Sand fencing shall not be installed in a manner that impedes, traps or otherwise endangers sea turtles, sea turtle nests or sea turtle hatchlings. CAMA permit applications for sand fencing shall be subject to review by the Wildlife Resources Commission and the U.S. Fish and Wildlife Service in order to determine whether or not the proposed design or installation will have an adverse impact on sea turtles or other threatened or endangered species.

(d)  Non-functioning, damaged, or unsecured sand fencing shall be immediately removed by the property owner.

(e)  Sand fencing shall not be placed on the wet sand beach area.

 

History Note:        Authority G.S. 113A‑107; 113A‑113(b)(6);

Eff. August 1, 2002.