NEW BERN — The commission that makes decisions about coastal development is moving ahead with public comment on proposed language to reinstate Jockey’s Ridge protections previously in place for decades.
During the Coastal Resources Commission’s first meeting of the year, which was held Wednesday and Thursday in the DoubleTree New Bern Riverfront, members unanimously approved setting a public hearing for a proposed permanent rule that would restore the area of environmental concern designation for Jockey’s Ridge in Nags Head.
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What is often referred to as the largest sand dune system on the Atlantic Coast, the geological feature is the centerpiece of Jockey’s Ridge State Park, which was established in 1975. The Coastal Resources Commission designated Jockey’s Ridge in 1984 as a “Unique Geologic Feature Area of Environmental Concern” and put laws in place to manage activities in and around the park boundaries.
Daniel Govoni, policy analyst with the Division of Coastal Management, reminded the commission Thursday afternoon that it must go through the permanent rulemaking process because, during the periodic rules review, the designation for Jockey’s Ridge was removed from the North Carolina Administration Code. The division acts as staff to the Coastal Resources Commission.
The Rules Review Commission dropped in October 2023 the rule language, along with 29 other rules, in large part because of the wording. The Rules Review Commission’s objections centered on what it described as a lack of statutory authority, unclear or ambiguous language, that it was unnecessary and failed to comply with the Administrative Procedure Act.
“As the CRC explained in its verified complaint objecting to the removal of its rules from the North Carolina Administrative Code, ‘the removal of the rules at issue deprives DCM of the ability to determine whether a permit is required or available to protect a fragile coastal natural and culture resource areas, placing in immediate danger the stability of natural sand dunes in the coastal zone due to improper sand removal and development, including at Jockey’s Ridge,’” a division representative explained Friday in an email about the effort to get the rules reinstated.
The commission last year adopted emergency and temporary rules reestablishing Jockey’s Ridge as an area of environmental concern. The commission went through the permanent rulemaking process, approved the fiscal analysis, held a public hearing and then adopted the permanent rule in November 2024.
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In December, the Rules Review Commission objected to the permanent rule again, claiming that the division didn’t follow the rules for a public notice.
Govoni said the division has now complied with the public hearing rules and can move forward with the public hearing.
While work was underway to reinstate these protections, the Coastal Resources Commission had a lawsuit in the works against the Rules Review Commission about the 30 rules that were removed from the code in the fall of 2023.
Related: Judge restores state’s 30 erased coastal development rules
Wake County Superior Court Judge William Pittman ruled on Feb. 12, “in the light most favorable to Defendants, that there is no genuine issue as to any material fact and that Plaintiffs are entitled to judgment as a matter of law” and that the “Rules Review Commission is ordered to approve Plaintiffs’ 30 rules.”
The defendant was ordered to return the 30 rules to the code. If there is an appeal, the Rules Review Commission “can identify those rules as ‘Under Appeal’ or words to that effect.”
During the meeting Thursday afternoon, the Coastal Resources Commission’s legal counsel, Mary Lucasse, shared that the Rules Review Commission had decided to appeal but didn’t know the time frame. She said that the trial had been scheduled for March 10 but that it was later changed.
Reid Wilson honors Mike Lopazanski
The commission was able to take a quick break from the agenda Thursday morning to welcome North Carolina Department of Environmental Quality Secretary Reid Wilson and recognize former Division Deputy Director Mike Lopazanski with the Order of the Long Leaf Pine Award.
Commission Chair Renee Cahoon introduced NCDEQ Secretary Wilson, who she said “brings a wealth of experience in environmental protection, land conservation and government and nonprofit leadership.”
“I’ve been in this job for two months, and I’m loving it every single day,” Wilson told the commission, adding NCDEQ covers “everything from the coast to the mountains and in between.”
Wilson was on his way to Morehead City to visit the divisions of Coastal Management and Marine Fisheries headquarters there when he stopped in New Bern.
Wilson praised department staff for helping him transition to NCDEQ after serving from 2021 to 2024 as secretary of the state’s Department of Natural and Cultural Resources. Gov. Josh Stein appointed Wilson to the NCDEQ secretary position and is waiting to be confirmed by the Senate.
“The Department of Environmental Quality benefits every North Carolinian’s life, every single day, in a lot of ways,” Wilson said, explaining that the agency protects air quality, water quality and human health and helps advance economic prosperity by funding water infrastructure projects “and not only making sure that people have safe drinking water, but that our rivers are clean, and also building the capacity of the business to come and grow and for those communities to thrive.”
Wilson commended the Coastal Resources Commission members for their dedication to protecting the coast. “I think all of us view our coastal resources as this incredible treasure,” he said, “and you all play a key role.”
While Wilson had the podium, he presented Lopazanski with the Order of the Long Leaf Pine. Lopazanski retired in December as deputy director of the division after more than 30 years in state government.
“This is the state’s highest honor society, and it is a huge accomplishment,” Wilson said. He thanked Lopazanski for his work to coordinate key acquisitions for the N.C. Coastal Reserve and National Estuarine Research Reserve system, and with the Coastal Resources Commission “to adopt common sense and science-based rules. Thank you for your dedication to your job and to the coast and to the people North Carolina.”
Before Wilson and his staff resumed their trip to Carteret County, he told Coastal Review that while the two departments are similar in size, staff and number of divisions, a difference is that Natural and Cultural Resources has 100 sites around the state that it oversees, whether it’s the zoo, parks or historic sites, while NCDEQ has around 10 offices around the state and they’re offices or labs.
“But the other thing that’s different is that our work at DEQ affects everybody. Making sure the air and the water and the land are clean and healthy,” he said. “So our work is in every county, in every town, whether it’s a drinking water plant or Brownfields cleanup or a permit for a business to come in and create jobs.”
When it comes to the ongoing uncertainty that surrounds federal funding, Wilson said his people “don’t actually know yet” about any particular programs within the agency that will be impacted.
“Every day we’re monitoring whether we have access to these federal grants,” he said. “I can’t tell you which ones are available, but we’re checking it every day and waiting to see how the Trump administration responds to various court orders that would require the release of these funds.”
Also during the meeting
Members approved a variance request from at The Shoals Club on Bald Head Island for a sandbag structure double the size of the allowed 6 feet by 20 feet. Petitioners requested permission to build a 12-foot-by-40-foot sandbag structure at the site in Brunswick County that’s subject to erosion.
The other variance from a petitioner to build in the setback in North Topsail Beach was put on hold while more information is collected.
Amendments to two different rules for ocean hazard areas were approved as well as the periodic review schedule for the Coastal Area Management Act land use planning public comment and final report.
Nelson Paul, who petitioned for a rule to add to the definition of estuarine waters “All the waters’ described herein includes man-made ditches” but withdrew his request because he plans take a different approach.
The board heard during public comment on a proposed rule to allow hay bales be used as sand fencing concerns from an attorney with Southern Environmental Law Center and a biologist form the North Carolina Wildlife Resources Commission that the bales would impede sea turtle nesting and could introduce invasive species.
