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A Daily News Service of the North Carolina Coastal Federation

Pender County moves to rid public waters of junk boats

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Carteret County Board of Commissioners unanimously adopted Monday night an ordinance giving the county authority to manage abandoned and derelict vessels in its waters. The same night, New Hanover County commissioners approved its first reading of an abandoned vessel ordinance, authorizing the Sheriff's Office to tackle abandoned vessels in county waters. The second reading is set for the June 17 meeting, according to the county. The Carteret County ordinance states that abandoned and derelict vessels are “expressly prohibited in navigable waters within the jurisdiction of unincorporated Carteret County” with the exception of archaeological remains including shipwrecks, cargo and anything else in place more than 10 years. An abandoned vessel is considered one that is moored for more than a month without permission of the property owner, is unmanned and slipping anchor, and a derelict vessel is in danger of sinking or has sunk, or is an immediate danger. A state statute gives counties the authority to remove and dispose of any abandoned or derelict vessels. Sharon Griffin, Carteret interim county attorney, said during the meeting that the ordinance is not aimed at the vast majority of boat owners who take care of their boats, like owners who have registered their boats, had safety checks, and made sure the vessel is properly anchored or secured to a dock. “These are those vessels that we occasionally see that basically have sunk or are in terrible condition or have been completely abandoned and are threatening somebody else's property, or boat or dock,” Griffin said. “We wanted to give our law enforcement an opportunity to be able to enforce that. They didn't really have a good means of doing that.” Griffin said that much of the language in the county statute mirrors the state statute, including that if “the vessel that's moored, anchored or otherwise located for more than 30 consecutive days in any 180 consecutive day period without the permission of the dock owner, marina owner, or property owner, that's directly out of the statute.” Other examples she noted of an abandoned vessel is one that is slipping anchor and causing a significant danger to other people's property or boat. “A derelict vessel is one of those that we occasionally see out in our coastal waters that has just been abandoned by someone and is resting on the bottom,” she said. The statute also includes those who do not have current state registrations, and those being used as living quarters but don't have any method of getting rid of waste and are causing an environmental problem with the removal of the abandoned and derelict vessels. “There's also an opportunity for civil penalties, and that's just because there are occasions when someone really just will not move their boat, and we need to give law enforcement the opportunity to enforce that,” she said. County Commissioner Ed Wheatly asked where the money would come from to take care of the boats. Griffin answered that they’ve spoken with several different agencies and is aware of grant money for vessel removal. “And if you'll notice also in the ordinance, the first paragraph specifically states this is not obligating the county, the Board of Commissioners to appropriate funds for this,” she said. “So we're not trying to obligate our Board of Commissioners to go fundraising and to find the money for this. We're hopeful that we'll be able to start this through some grant funding. Perhaps some law enforcement programs.” Chairman Jimmy Farrington added that the North Carolina Coastal Federation had reached out to the county to help with removal. Farrington continued that the commission has given this a lot of thought, this was brought it up almost a year ago. “We really don't want to get in the weeds with this,” he said, or get on personal property but these are the boats that you see sitting out there that sunk, that could cause very serious damage. “We're not getting into the boat control business, we’re just trying to clean up what's out there,” Farrington said. “Many of these towns have done a great job of trying to clean up and that type of thing because that's a kickback for it. But I think we're after the obvious.
Abandoned vessels on the Rachel Carson Reserve negatively effects the habitat. Photo: Rachel Carson Reserve

Pender County has become the latest local government to adopt rules prohibiting boat owners from leaving abandoned and derelict vessels in public waterways.

County commissioners on Monday unanimously adopted an ordinance amendment that allows the Pender County Sheriff’s Office to enforce the removal of abandoned and junk boats in waters within that office’s jurisdiction.

A boat owner will be given a 30-day notice to remove a derelict or abandoned vessel. If the owner does not remove the boat within that timeframe, the county will notify the state Wildlife Resources Commission and the North Carolina Coastal Federation that the boat is ready for removal.

The ordinance amendment aligns with that of Surf City, where elected officials agreed earlier this year to enact similar rules.

Pender County Planning and Community Development Director Daniel Adams explained to commissioners Monday that the ordinance amendment would prevent a boat owner from moving his or her boat from water within one jurisdiction to another to avoid fronting the costs to have it removed.

Thus was the case earlier this year, when a boat owner was notified by Surf City law enforcement that his boat would have to be pulled from public waters within that town’s jurisdiction. 

The owner moved the boat outside of town limits and into a public waterway in the county, Adams said.

In 2020, the Wildlife Resources Commission was given legislative authority to investigate, inspect and remove abandoned and derelict vessels.

The Coastal Federation, which publishes Coastal Review, has since that same year received more than $3 million in state and federal funds to remove junked vessels and hundreds of tons of marine debris littering coastal marsh lands and cluttering spoil islands. 

About Staff Report

The story was compiled by staff members of Coastal Review.

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