15A NCAC 07M .0303     STANDARDS FOR PUBLIC ACCESS

(a)  Public beach nourishment projects undertaken with public funds shall include provisions for public access and parking within the boundaries of the project to achieve maximum public use and benefit of these areas.

(b)  Public access projects funded under this through the Public Beach and Coastal Waterfront Access Program  shall be consistent with public access policies contained in the local government's land use plan as required in 15A NCAC 07B .0702(d)(3)(A) and its local waterfront access plan, or a local recreation plan that addresses public access.

(c)  Local governments with public access sites funded by the Division of Coastal Management pursuant to G.S. 113-134.3 may charge user fees as long as those fees are used exclusively for operation and maintenance, or provision of new public access.  Local governments shall include biannual accounting reports for fees generated by Public Beach and Coastal Waterfront Access Program funded access sites.  Biannual accounting reports shall be submitted to the Director of the Division of Coastal Management by June 30 of the year in which it is due.  Accounting reports may be included in Biannual LUP Implementation Status Reports under 15A NCAC 07L .0511.

(d)  Land acquired with Public Beach and Coastal Waterfront Access grant funds shall be dedicated in perpetuity for public access and benefit of the general public.  The dedication shall be recorded in the property records by the grantee.  Any lease or easement agreement shall extend at least 25 years.  If land acquired or improved with access grant funds is sold or otherwise disposed of, the local government shall reimburse the State at a percentage equal to the proportion of access grant funds provided for the original purchase at current market value at the time of sale.

 

History Note:        Authority G.S. 113A‑124; 113A‑134.1; 113A‑134.3; 153A‑227(a); 160A‑314(a); 16 U.S.C. Sec. 1453;

Eff. March 1, 1979;

Amended Eff. March 1, 1988; March 1, 1985; July 1, 1982;

RRC Objection due to lack of necessity and unclear language Eff. October 17, 1991;

Amended Eff. February 1, 2009; August 1, 2007; January 1, 1998; March 1, 1992.