The North Carolina Coastal Resources Commission is to meet next week to consider proposed language amendments for inlet hazard areas.

The meeting for the commission, which establishes policies for the N.C. Coastal Management Program and adopts rules for both the Coastal Area Management Act and the N.C. Dredge and Fill Act, will begin with a field trip to Ocean Isle Beach’s terminal groin at 3 p.m. on April 15. 

The full commission meeting is scheduled for 9 a.m. on April 16 at 111 Causeway Drive, Ocean Isle Beach. An in-person public comment period is scheduled for 9:30 a.m. that day. The public may sign up to speak upon arrival at the meeting.  

Members of the public may attend in-person or join the meeting Thursday through the North Carolina Department of Environmental Quality’s YouTube channel. 

The commission establishes areas of environmental concern, which are authorized under CAMA, and are the bases of the permitting program for regulating coastal development.

There are three types of ocean hazard AECs: ocean erodible, inlet hazard, and unvegetated beach.

The ocean erodible area is “the area where there exists a substantial possibility of excessive erosion and significant shoreline fluctuation,” and the inlet hazard area is defined as “locations that ‘are especially vulnerable to erosion, flooding and other adverse effects of sand, wind, and water because of their proximity to dynamic ocean inlets,” according to the division, which carries out the rules and regulations for the commission.

During the meeting, the commission will consider ocean erodible area and inlet hazard area erosion rates and setback factors.

The division has since 1979 used the same long-term erosion data to determine construction setbacks in inlet and ocean hazard areas, and to establish the landward boundaries of ocean erodible areas of environmental concern.  

The commission’s setback rules are used to site oceanfront development based on the size of the structure according to the graduated setback provisions. In areas where there is a high rate of erosion, buildings must be located farther from the shoreline than in areas where there is less erosion. The size of the structure determines how far back a house must be located away from the shoreline.

Because of limited data and resources, erosion rate setback factors within inlet hazard areas have traditionally been based on the rates of adjacent ocean erodible areas.

“Given the rapid changes that can occur at inlets, this method has often resulted in setback factors that underestimate the true erosion dynamics of these areas,” division documents state.

During the commission’s August 2025 meeting, Dr. Laura Moore, the chairperson of the commission’s Science Panel on Coastal Hazards, presented the panel’s recommendations on updated boundaries for inlet hazard areas and ocean erodible areas, and their corresponding erosion rate setback factors.

A subcommittee was appointed at the time to evaluate the possible changes, and presented its recommendation during the February meeting.

Updating ocean hazard area boundaries for inlet hazard areas and ocean erodible areas, along with the associated erosion rate setback factors, requires rule amendments to reference the updated report and maps, documents continue.

Because inlet hazard area boundaries have remained static and adjacent ocean erodible area erosion rates were applied within the inlet hazard areas, the primary amendment has been to the rule “to simply reference the updated oceanfront erosion rate report.  However, this update includes revised IHA boundaries and inlet-specific erosion rates within IHAs, necessitating additional rule amendments to reference the applicable reports, maps, and use standards,” documents explain.

Division staff noted that the 2025 study is consistent with previous update studies, in that inlet hazard area boundaries at undeveloped inlets were not analyzed.

The commission at this month’s meeting is to consider approving rule amendments that reflect the subcommittee’s findings and recommendations and supported by the Coastal Resources Advisory Council, updated inlet hazard boundaries, and updated ocean erodible areas and inlet hazard areas erosion rate setbacks, to include ocean erodible areas landward boundaries.

Division staff are to recommend removing the inlet hazard area designations from Little River Inlet, New River and Brown’s Inlets at Marine Corps Base Camp Lejeune, Bogue Inlet at Hammocks Beach State Park, Barden Inlet, Ocracoke Inlet and Hatteras Inlet.

“It is important to note that while inlet hazards are present at these sites, these areas are not being developed,” staff said.

In addition, division staff are to present updates on septic systems within the ocean hazard areas of environmental concern, consider draft rule amendments for human-made ditches requested by a petition for rulemaking, and a permit for temporary weather monitoring structures on the beach in the ocean hazard area of environmental concern.

The full meeting agenda and briefing materials are on the commission’s website. 

Second and final in a series

As the North Carolina Coastal Resources Commission’s Science Panel studies the effects of permanent beach erosion control structures such as seawalls and jetties, a critical aspect of the analysis will be looking at the lessons learned.

The commission banned hardened structures on the ocean shoreline in 1985 because of the down-shore erosive effects on the beach. Still, there are numerous examples of such structures in place along different parts of the coast, with varied degrees of effectiveness.

Erosion is not only more severe and longstanding on the Outer Banks, which are more exposed to the power of the open ocean and coastal storms than other parts of the North Carolina coast, it is the most dramatic and unforgiving, especially on Hatteras and Ocracoke islands. But coastal erosion is a statewide issue. To that point, federal beach nourishment projects in North Carolina began in 1965 at Wrightsville Beach and at Carolina Beach, and nourishment at both locations has been done in recent years.

When development and tourism took off on the Outer Banks in the 1980s, it didn’t take long before beach cottages began lining ocean shorelines.

Still, the forces of erosion had no mercy, and Kitty Hawk began losing beachfront properties. After the commission issued a variance to the hardened structures ban in 2003, permitting sheet-piling along N.C. Highway 12 in the beach community, then-Sen. Marc Basnight strongarmed the state’s ban into legislation.

Then in 2011, the North Carolina General Assembly passed a law that permitted four “test” terminal groins and has since expanded the permissible number of groins to seven. To date, four communities submitted permit applications: Figure Eight Island, Ocean Isle Beach, Bald Head Island and Holden Beach. Holden Beach has since withdrawn its application.

Long before the ban, numerous attempts were made to shore up the beach oceanward of the 1870 Cape Hatteras Lighthouse in Buxton. By 1930, the nation’s tallest brick lighthouse was a mere 98 feet from the ocean.

According to National Park Service records, interlocking steel sheet-pile groins were installed in the 1930s on the beach near the lighthouse and reinforced a few years later. Over the years, dunes were built, grasses were planted, the beach was nourished, revetment and sandbag walls were installed.

In 1969, the U.S. Navy installed three reinforced concrete groins to protect its base, which was adjacent to the lighthouse at the time. But the erosion continued. More sandbags were put in place; more beach nourishment was done. The Navy left in the 1980s. While the National Park Service officially gave up its beach nourishment and dune stabilization efforts in 1973, it continued trying in ensuing years to protect the lighthouse from the sea with rip-rap, artificial seagrass, sandbags and a scour-mat apron.

Finally, after much study and public debate, with the ocean lapping at its foundation, in 1999 the lighthouse was relocated about a half mile from the beach.

Fast-forward a quarter-century and, since September 2025, 19 unoccupied beach houses near that same beach in Buxton have collapsed into the ocean.

Escalating beach erosion along the state’s entire coast, but especially in Buxton, has put difficult discussions about lifting the hardened shorelines ban back on the table. The few existing permanent erosion-control structures built over the years on North Carolina beaches have yielded mixed results.

Oregon Inlet

One of the most successful examples of a terminal groin doing what it was intended to do, and with relatively minimal harm, is the 3,125-foot terminal groin and 625-foot revetment built in 1991 to protect the N.C. Highway 12 tie-in at the Herbert C. Bonner Bridge, which has since been replaced and renamed the Marc Basnight Bridge. The $13.4 million groin is substantial — ranging from 110 to 170 feet wide at its base and 25 feet wide at its landward end, and 39 feet wide at its seaward end — and was built to withstand waves as high as 15 feet, according to an analysis done by the state Division of Coastal Management, “North Carolina’s Terminal Groins at Oregon Inlet and Fort Macon,  Descriptions and Discussions.”

Located on the south side of Oregon Inlet at the north edge of Pea Island National Wildlife Refuge land, the groin placement encouraged sand buildup, or accretion, landward, resulting in a wide expansion of 50 acres of sandy property on the inlet side of the historic state-owned Oregon Inlet Life-Saving Station. The building is vacant, but has been weatherized to preserve it for future use.

The groin site and surrounding beach have been regularly monitored by state and federal coastal scientists. Studies have shown that the structure has likely increased shoaling of a spit on the Bodie island side and deepening of the channel. Yet, the groin has cause little if any destructive downstream erosion while adequately protecting the highway and bridge infrastructure.

But the report warned that within the next 20 years or so, the continued southward migration of the Bodie Island spit could push the inlet’s main navigational channel up against the terminal groin structure itself.

“If this were to occur, the result would be severe scour and an increase in the maintenance necessary to preserve the threatened integrity of the structure itself,” according to the document.

Beaufort Inlet/Fort Macon

Since Fort Macon was constructed in 1834, about 25 erosion-control structures adjacent to Beaufort Inlet have been built, including groins, breakwaters, timber cribbing, sand-fencing and seawalls, as well as multiple beach nourishment projects, according to the terminal groin report.  The first phase of the terminal groin project began in 1961 and included a 530-foot seawall, a 250-foot revetment and 720-foot long, 6-foot-high terminal groin. Phase II, beginning in 1965, extended the groin 410 feet oceanward, and another groin was built west of the revetment to address extensive soundside erosion, while 93,000 cubic yards of sand was placed on the ocean beach.

The third phase, started in 1970, extended the terminal groin another 400 feet, to a total of 1,530 feet long. A 480-foot-long stone groin was built to stabilize the beach fill, and another 100,000 cubic yards of sand was placed on the ocean beach. Total costs for the three-phase project was $1.35 million.

Effects of the project include increased wave energy along the Fort Macon State Park and Bogue Banks area, and continued increases in wave energy were predicted. A sediment deficit has created erosion on the inlet’s western shoreline. Meanwhile, the sand spit at Fort Macon has migrated into the western bank of the navigation channel, indicating that the terminal groin has become inefficient at trapping sediment.

“Without constant beach nourishment, the terminal groin would no longer perform as observed historically and potentially fail altogether,” the report concluded.

Buxton

Dare County is planning a nourishment project in Buxton, as well as restoration of one of the Navy’s three abandoned reinforced sheet-pile groins that had been installed in 1969. According to the recent application to repair the southernmost groin, which is 50% or more intact, that groin had been lengthened in 1982 on the landward side by 300 feet, and armor stone was added two years later. New sheet piles and additional scour protection were added to the structures in 1994. The other two groins in the original groin field are too damaged to qualify under the Coastal Resources Commission’s “50% rule” that permits repairs.

Dare County Manager Bobby Outten has said publicly that the county is under no illusions that the project planned for this summer will solve the erosion issue for good. But the hope is that it will serve as a Band-Aid long enough to find a more permanent solution to erosion that is now so severe it is threatening the livelihoods of community residents and the island’s tourism economy, as well as N.C Highway 12.

Retired East Carolina University professor and veteran coastal geologist Dr. Stanley Riggs, who has studied the Outer Banks since the 1970s, agreed that the fact that the lighthouse had to be relocated to save it illustrates why Buxton’s erosion is not going to be easy to tame for long, with or without groins. When the first coastal survey from Virginia to Ocracoke was done in 1852, the original 1802 Cape Hatteras Lighthouse, which was destroyed, had been 1,000 feet from the shoreline, Riggs recently told Coastal Review. All told, the shoreline has receded 3,000 feet, or about two-thirds of a mile, at the cape, he said.

“And it’s been constant,” Riggs said. “It oscillates a little bit, but the main direction has been constant.”

As Riggs explained, offshore just north of the motel area in Buxton, there is an underwater rock structure that is set at an oblique angle relative to the barrier island. Similar “old capes” are also off Avon and Rodanthe, he said. The rocks are under as much as 50 feet of water, and they dictate how the waves refract there.

“And so, if you fly over it, and you get the right angle down there, what you see is a series of cusps, and one side of that cusp will be stable, the other side will be highly erosional,” he said. Groins will only make the eroding side erode faster. And when there are permanent or semipermanent structures along the beach, the shore face — the part that is under water — starts to erode and gets steeper and steeper, he said. And the steeper it gets, the more severe the overwash and the more difficult it is to hold the sand in place. That’s a big reason why beach nourishment is having to be done more frequently.

Not only does the Outer Banks stick out farther into the Atlantic, there is also a narrower continental shelf, which allows the bigger waves to come ashore from the open ocean without the wider “speed bump” needed to dissipate the power.

There’s no negotiating with the ocean, Riggs said. Considering the combination of coastal dynamics at play in Buxton, efforts to control erosion will continue to fail.

“It’s that land-sea-air interface that is really the highest energy place that we’ve got on our planet,” Riggs said. “And there’s some things you can do there. There’s some things you shouldn’t do there, you can’t do there, and it’s a matter of understanding how that system works.”

Ocracoke Island

A persistent erosion hot spot on the north end of the island along N.C. Highway 12, the only road between the Hatteras Ferry Docks and Ocracoke Village, has been patched on and off for decades by increasing numbers of ever larger numbers and size of sandbags.

But even the type of large, new, trapezoidal bags permitted at Ocracoke, Pea Island and Mirlo Beach have not held up as expected, according to a presentation provided by Paul Williams of the North Carolina Department of Transportation at the February Coastal Resources Commission meeting.

Williams presented details at the meeting of NCDOT’s revised request to increase the base of the sandbags from 20 to 30 feet and the height from 6 feet to 10 feet, to better protect them from being undermined by waves.

The newer bags have open ends at the top, which proved to be a problem at Pea Island, Williams told the commission. The Pea Island Refuge at the Visitor Center, he added, faces similar risks now to that seen at Mirlo Beach in Rodanthe in the years before the hotspot was bypassed with completion of the Rodanthe “Jug-Handle” Bridge.

“The performance has not been what we anticipated,” he said, describing how they were flooded at the top, which caused the sandbags to deflate. “This product, there may be some modifications that can be made to make them more resilient.”

Some of the new bags were also installed along with traditional sandbags at Ocracoke, and they’re still covered, Williams said, but roughly 1 mile of sandbags along N.C. 12 are at risk of being undermined during the next big storm.

“So it’s basically to give us more latitude on different products, to try to protect the roadway out there better than traditional sandbags have,” Willams told Coastal Review after the meeting. “We’ve used them for decades out there, and especially Mirlo, they really got tossed around during storms. We were looking to find a more resilient product, and we’re working on evaluating other options out there.”

The new sandbags with an opening at the top are quicker to fill, he said. They’ve worked at other areas, but conditions elsewhere are not as fierce.

“When you’re on the Outer Banks, you’re under constant pressure during some of these storm events, because we’ll have a storm set up on the coast and grind for days at a time,” Williams said. “And every tide cycle is just steadily pulling sand out of the bags, and we need to have some way to stop that.”

Even though many of the traditional sandbags without the troublesome opening are still in place at Ocracoke, Williams said that about half of them, or about 1,000, have been exposed and need to be replaced. Another issue on the island is the limited amount of sand available to cover.

Sandbags, which are considered temporary erosion-control structures that are permitted parallel to shore to protect imminently threatened roads or structures, have rules about color and size, but those rules have been notoriously abused with regard to the “temporary” part, with extensions often adding up to decades at a site, making them “hardened structures” in everything but name.

Before Nags Head in 2011 started nourishing its eroded beaches in South Nags Head, for instance, even battered and torn sandbags weren’t removed for years, and property owners often successfully sued the state to keep longstanding stacked rows of protective bags in place in front of their oceanfront homes on the eroded beach.

As sea levels continue to rise, storms intensify and erosion accelerates, even sandbags as fallbacks in the absence of other impermissible erosion-control structures are becoming less effective, as evidenced by photographs of huge piles of sandbags lined up against undermined houses at North Topsail Beach.

Ocean Isle Beach

Responding to the state legislature’s repeal of the ban on hardened erosion-control structures on the coast, Ocean Isle Beach in 2011 began the planning process to pursue permits to install a terminal groin at Shallotte Inlet to stem erosion that for decades had chewed away at the island’s east end. Five years later, state and federal approval was in hand to build a 750-foot-long terminal groin, but environmental groups in 2017 filed a lawsuit to stop the project. A ruling in March 2021 in the 4th Circuit U.S. Court of Appeals affirmed a lower court’s ruling that the project alternatives were properly considered. By April 2022, the $11 million terminal groin was completed.

Today, a diminished beach remains in front of multi-million-dollar homes that were built after the groin was in place. Rows of sandbags block the surf from reaching some of the oceanfront homes, and several lots remain vacant because there is no longer enough property left to meet setback requirements.

In November, the Coastal Resources Commission allowed the owners of eroding vacant oceanfront lots to use larger sandbags to protect their properties.

Interest in future terminal groins

The Village of Bald Head Island, the first community to build a terminal groin after the “test groin” law passed, was issued a permit in October 2014 to build the erosion-control structure, which was completed in 2015.

North Carolina Department of Environmental Quality monitoring of the project after its completion did not turn up significant issues requiring corrective measures, according to its January 2024 report.

“While ongoing post-construction monitoring performed by the permittee has not identified any significant issues that would require corrective or mitigative measures, the Village performed a maintenance beach nourishment event, received nourishment from the U.S. Army Corps of Engineers’ regularly scheduled Wilmington Harbor maintenance project, and is currently seeking permit authorization for a second Village-sponsored maintenance nourishment event,” according to the document.

Six other communities have expressed “varying degrees” of interest in building a terminal groin project, including North Topsail Beach and Figure Eight Island, as noted in the report.

Ocean Isle Beach hopes to pump tens of thousands of cubic yards of sand onto the beach at the easternmost tip of the island by this spring as an erosion stopgap.

The Brunswick County town has asked the Army Corps of Engineers Wilmington District for authorization to have up to 70,000 cubic yards of sand placed east of its terminal groin where erosion has been chipping away at the shoreline in front of a luxury neighborhood.

The Corps announced late last week that it is accepting public comments through March 8 on the town’s application to modify the federal permit it received in 2016 to build the terminal groin at Shallotte Inlet. 

As it stands, that permit does not allow sand to be placed east of the terminal groin.

A terminal groin is a wall-like structure built perpendicular to the shore at inlets to contain sand in areas with high rates of erosion.

Proposed modifications to the permit include placing sand along an 1,875-foot stretch of shoreline at The Pointe, a gated community whose oceanfront property owners have been desperately trying to hold back an encroaching sea.

Under the terms of the proposed permit changes, this would be a one-time beach nourishment project.

The town is also asking for its permitted sand borrow source in Shallotte Inlet to be expanded from about 83 acres to a little more than 117 acres, to add a new borrow area within the Atlantic Intracoastal Waterway and be allowed to work outside of the environmental window for dredging from April 30 to June 15.

Ocean Isle Beach Town Manager Justin Whiteside said on Tuesday that the town wants to get the modified permit as quickly as possible in hopes that the sand placement project would coincide with a federal dredging project.

The Corps announced last September it had awarded a nearly $8.5 million contract to maintenance dredge several areas along the Intracoastal, including at the Shallotte Inlet crossing.

Whiteside explained that Ocean Isle Beach anticipates receiving 25,000 cubic yards of sand “that the town is paying for” from the Corps through the inlet crossing project.

“The hope is to get this permit modified within the timeframe that the Corps’ contractor is here on site and then we could contract with them possibly to dredge more in that federal channel or go into that inlet borrow area to put that additional sand there,” he said.

Whiteside said the town does not yet have an approximate cost of its proposal to nourish the beach east of the terminal groin.

Ocean Isle’s east end had for decades been losing ground to chronic erosion, the worst of which occurred along about a mile of ocean shoreline beginning near the inlet.

An encroaching ocean claimed homes, damaged and destroyed public utilities and prompted the North Carolina Department of Transportation to abandon state-maintained streets there.

To stave off further erosion, the town in 2005 was permitted to install a wall of sandbags to protect public roads and infrastructure from getting swallowed up by the sea.

In 2011, Ocean Isle Beach was, along with a handful of other beach communities, allowed to pursue the option of installing a terminal groin at an inlet area after the North Carolina General Assembly repealed a law that banned hardened erosion control structures on the state’s ocean shorelines.

Five years later, the town received state and federal approval to build a 750-foot terminal groin.

But before construction could begin, the Southern Environmental Law Center in August 2017 filed a lawsuit on behalf of the National Audubon Society challenging the Corps’ approval of the project.

More than three years passed before the lawsuit, which later included the town, concluded after an appellate court affirmed a lower court’s decision that the Corps fairly considered the alternatives included in an environmental impact statement examining the proposed project.

Construction of the $11 million project was completed in the spring of 2022, the same year the final plan for The Pointe, a 44-lot subdivision, was approved for development.

By fall 2025, The Pointe’s oceanfront properties were suffering significant erosion.

Last November, the North Carolina Coastal Resources Commission unanimously agreed to grant permission to the owners of eight lots in that neighborhood to install larger than typically allowed sandbag structures waterward of their land.

Whiteside said Tuesday that those sandbags had not been installed.

Sand in the area east of the terminal groin, he said, appears to be “recovering a little bit.”

“We think over the past month and a half or so that we’ve gained, just looking at aerial photographs, approximately 5,000 cubic yards of sand that’s deposited east of the groin, so some of the beach is building back up in that area,” Whiteside said.

He explained that in 2022 the town’s federal beach nourishment project took place in conjunction with the construction of the terminal groin.

“The dredger came through and we had a huge spit on the east end of the island and that contractor came through and just dredged right through that spit and took it down to a negative 15-foot elevation,” Whitesaid said. “It’s kind of filled back in now and we’re thinking that’s why we’re seeing the growth back east of the groin. We’re hoping this shows that that’s some of what contributed to it, that it was maybe our own nourishment project through the Corps.”

“But, in the meantime, we know this is a short-term solution that we’ve got to figure out some type of long-term solution to, so our engineer firm is going to be doing some modeling to see what kind of modifications, if any, need to take place to the existing groin,” he continued.

Comments on the proposed project should refer the permit application number (SAW-2011-01241) and may be submitted to the Corps electronically through the Regulatory Request System at https://rrs.usace.army.mil/rrs or by email to Tyler Crumbley at tyler.a.crumbley2@usace.army.mil. 

Written comments may be mailed to Commander, U.S. Army Corps of Engineers, Wilmington District, Attention: Tyler Crumbley, 69 Darlington Ave., Wilmington, NC  28403.

The Corps will consider written requests for a public hearing to be held to consider the proposed application modifications.

More than 4,000 gallons of untreated wastewater was discharged Friday because of a valve leakage in Ocean Isle Beach, Brunswick County Public Utilities reported Monday.

The sanitary sewer overflow was discovered around noon Friday near 6576 Summerfield Place. Staff determined a force main isolation valve failure was the source of the discharge. The repairs that began at 12:15 p.m. Friday took a little less than an hour to complete, officials explained.

The county said around 4,444 gallons were discharged, enough to fill up a large, above-ground pool, and reached a tributary to Saw Pit Swamp. Downstream sampling and remediation of the affected site has been completed.

The legally required notice released Monday states that no action is required by the public at this time. Additional information will be provided if action is necessary.

BEAUFORT – Owners of vacant oceanfront lots being chewed by erosion at the eastern tip of Ocean Isle Beach have been permitted to install larger than typically allowed sandbag structures at the beach to protect their properties.

The North Carolina Coastal Resources Commission unanimously agreed last week to grant permission to the owners of eight lots in The Pointe, a luxury gated neighborhood built east of the town’s terminal groin, to have sandbag structures that are 40 feet wide and 12 feet tall placed waterward of their land.

Current commission rules limit sandbag revetments to a 20-foot base width and a 6-foot height. The rules also stipulate sandbags may be placed only in areas where erosion scarp is within 20 feet from a structure.

The new, larger sandbag structures will connect to two revetments installed along developed lots this past summer, creating one, long contiguous sandbag wall along at the eastern tip of the Brunswick County barrier island at Shallotte Inlet.

Charles Baldwin IV, the Wilmington-based attorney representing the property owners, explained Wednesday during the meeting in Beaufort Hotel that his clients want to “simply connect the dots” and “try to avoid irreparable harm.”

“It needs to be a unified wall,” he said. “You can’t throw one person out and expect this project to go forward and work.”

Baldwin’s clients attribute the plight of their properties to the terminal groin the town had installed more than three years ago to stave off erosion that had battered Ocea Isle’s east end for decades.

“Obviously what we have is a unique situation here,” he said in his initial remarks to the commission. “We have these lots that are being affected negatively by the terminal groin.”

Terminal groins are wall-like structures built perpendicular to the shore at inlets to contain sand in areas of high erosion.

Baldwin noted that both state law and the town’s permit to build the terminal groin “say that if the groin doesn’t perform, and it’s required to monitor, has adverse effects, it has to be modified or removed.”

“That’s because that’s the law,” he said.

Baldwin went on to argue that a decision by the United States Court of Appeals for the Fourth Circuit said the terminal groin might contribute to “some short-term erosion” east of the structure, “but that within year one it’s going to stabilize.”

“That has not happened,” Baldwin said. “Their lots are already being substantially diminished, but this structure out there is just simply failing.”

Ocean Isle Beach officials have refuted that claim.

In a letter Coastal Review published last month, Ocean Isle Beach Mayor Debbie Smith wrote that The Pointe’s developer went before the town’s planning board in June 2015. The developer purchased the property in September of that same year.

By that time, both a draft and final environmental impact statement on the terminal groin had been published, and a public workshop on the terminal groin had taken place, Smith wrote.

The town received a Coastal Area Management Act, or CAMA, permit in November 2016 to build the structure.

But construction was pushed back years after the Southern Environmental Law Center, on behalf of the National Audubon Society, filed a lawsuit challenging the U.S. Army Corps of Engineers’ approval of the project.

The lawsuit claimed that the Corps failed to objectively evaluate alternatives to the terminal groin, including those that would be less costly to Ocean Isle residents and less destructive to the coast, particularly what was then the undeveloped area on the island’s east end.

In March 2021, a panel of judges with the Fourth Circuit, affirmed a lower court’s decision that the Corps fairly considered the alternatives.

Construction of the $11 million terminal groin was complete in April the following year.

The final subdivision approval was granted to The Pointe’s developer in 2022, after which time construction began in the 44-lot neighborhood.

A series of offshore coastal storms that have skirted the East Coast the latter half of this year have further contributed to the threat to The Pointe’s oceanfront properties.

Erosion has swiped away chunks of the private road that rounds to lots at a cul-de-sac nearest the ocean entrance to the inlet. Piles of debris, including wood from an old bulkhead unearthed by the erosion, has been described as a scene akin to that of a war zone.

In a presentation to the commission Wednesday, North Carolina Department of Environmental Quality Assistant General Counsel Christy Goebel said that comparisons of the shoreline east of the terminal groin show that the line is moving landward.

The use of temporary sandbags “is to buy time” for existing, threatened structures while a longer-term solution can be figured out to protect those structures, she said.

Goebel noted that there have been no plans to relocate Shallotte Inlet, that the terminal groin already exists, “and the likelihood of success of beach nourishment placement so close to the inlet being dredged by the Corps’ shallow draft program and the associated available funding is uncertain.”

Baldwin rattled off a list of possible solutions, including reducing the profile of the terminal groin, removing rocks, using different size rocks to make the structure “more leaky,” modifying its location, or removing it altogether.

The commission’s motion approving the variances were made with a stipulation that the public area of the beach remain unimpeded by the sandbag wall.

Coastal Resources Commission members will hear from the North Carolina Department of Environmental Quality Secretary Reid Wilson before settling in for the two-day regular business meeting this month, when they will be updated on the latest rules review objection to designating Jockey’s Ridge as an area of environmental concern.

The meeting is set to start at 1 p.m. Wednesday, Nov. 19, when Wilson is on the agenda to speak. The meeting will resume at 9 a.m. Nov. 20, ahead of the public input and comment period scheduled for 9:05 a.m. At the chair’s discretion, comments may be limited to three minutes per person. The public may attend the commission meeting in person or join online.

Jockey’s Ridge, the centerpiece of Jockey’s Ridge State Park, is located in Dare County and is home to the tallest living sand dune system on the East Coast, according to North Carolina State Parks.

Development in and around the state park boundaries has been regulated by Coastal Resources Commission rules since the designation of Jockey’s Ridge as a Unique Geologic Feature Area of Environmental Concern in 1984, according to state documents.

During the periodic rules review process in October 2023, the rules designating Jockey’s Ridge as an Area of Environmental Concern, or AEC, and establishing use standards were returned to the agency by the Rules Review Commission and removed from the North Carolina Administrative Code.

In response, the Coastal Resource Commission adopted emergency and temporary rules that went into effect Jan. 3, 2024, to reestablish the AEC and use standards. The rules expired May 13, 2024, when the Rules Review Commission objected to the temporary rule.

The commission moved forward with permanent rulemaking on April 25, 2024, and adopted the permanent rule on Nov. 14, 2024. The Rules Review Commission on Dec. 19, 2024, objected to the rule “on the basis of failure to comply with the public noticing provisions of the Administrative Procedure Act” and staff have taken the necessary steps to be in compliance and satisfy this objection, according to meeting documents.

The Coastal Resources Commission on Aug. 27 of this year adopted permanent rules designating Jockey’s Ridge as an AEC with use standards that are “nearly identical to the original 1984 standards,” document state.

The Rules Review Commission objected On Oct. 30 to paragraph a “Description,” which they deemed as “unnecessary and is not the same as a ‘designation’ as required” under general statute.

The Coastal Resources Commission must respond to the objection by Dec. 1. Members can either amend the paragraph to address the Rules Review Commission’s concerns or submit a written response indicating that the rule will not be amended.

Other action items include to consider approving:

• The Topsail Beach Management Plan.
• Variance requests for artificial turf in the 30-foot buffer at Carolina Beach, and for sandbag alignment and size on Ocean Isle Beach.
• Proposed amendments to rules on septic tanks seaward of the vegetation line, and on alternative sandbag design use to protect public roads.

Also on the agenda are updates on the boundary recommendations, erosion rates and setbacks for Inlet Hazard Areas, information on the 2025 hurricane season, and have a discussion on threatened structures.

The in-person only Coastal Resources Advisory Council will meet ahead of the commission at 10 a.m. Nov. 19 at the hotel.

A full meeting agenda and briefing materials are available on the commission’s website. Times indicated on the agenda for individual items are subject to change.

Post has been updated.

The nor’easter that swept up the East Coast this past weekend stripped ocean beaches of sand, inundated areas with floodwaters and pushed seawater over dunes and roads along North Carolina’s coast.

The Outer Banks suffered much of the brunt of the powerful system that brought wind, rain and coastal flooding.

On Saturday the North Carolina Department of Transportation closed sections of N.C. 12 on Ocracoke. Overwash forced officials to close portions of the road Sunday on Hatteras Island, where crews spent the weekend pushing sand and water from the road and rebuilding the dune line that divides the beach from the road.

As of late afternoon Tuesday, N.C. 12 on Ocracoke was the only road closed and the Hatteras-Ocracoke Ferry service remained suspended, NCDOT’s Assistant Director of Communications Jamie Kritzer said in an interview.

N.C. 12 is closed on the north end of Ocracoke Island between the ferry terminal and the National Park Service Pony Pens.

“This afternoon, we’ve been forced to close N.C. 12 again on Pea Island from Marc Basnight Bridge to Rodanthe, due to ocean overwash,” Kritzer said. “The stretch on Pea Island was reopened at 5 p.m. (Monday) but the wind increased this afternoon and we saw overwash around high tide.”

Kritzer said that NCDOT crews were continuing to push sand and water from N.C. 12 and restore the protective dunes on both islands.

“Our ability to reopen N.C. 12 will depend on whether the dune holds through the next high tide cycle,” he said.

In addition to NCDOT’s highway crews, the state’s Ferry Division played a critical role during the response to this weekend’s nor’easter, Kritzer said.

“At one point, all seven ferry routes were suspended this weekend. However, when the winds subsided, the ferries were able to make a special run to take Ocracoke visitors back to Swan Quarter,” he said. “The Hatteras-Ocracoke ferry have helped transport highway crews and equipment between Hatteras and Ocracoke, so the crews could work on clearing N.C. 12.”

Cape Hatteras National Seashore Superintendent Dave Hallac told Coastal Review early Tuesday afternoon that there has been a lot of coastal erosion in certain areas of the national seashore.

At the time of the interview, the National Weather Service forecast much of the Outer Banks to experience flooding through Wednesday. Hallac said that he expects oceanfront flooding as a result, which could make driving on the highway through the seashore hazardous.

“The beaches continue to remain hazardous, especially the beachfront in the Buxton area and the beachfront in the Rodanthe area due to the waves and high-water levels battering many threatened oceanfront structures,” he said.

Between Sept. 30 and Oct. 2, eight unoccupied beachfront houses fell in Buxton, five of which collapsed within 45 minutes of each other. Another unoccupied house gave way on Oct. 3 in Buxton, bringing the total number of houses that have succumbed to encroaching ocean waters to 21 within the past five years.

As of Oct. 3, nine homes on Hatteras Island have toppled into the sea, “but there are a number of significantly threatened oceanfront structures, and you know, collapse is definitely possible,” Hallac said. “Even if collapse doesn’t occur, pieces and parts of those homes have broken off over the last couple of days, including large structures like decks. So that’s the reason that the entire beach front in the village of Buxton remains closed.”

He recommended travelers avoid taking N.C. 12 during the high-tide window, adding that there’s a likelihood of some minor soundside flooding as the winds are switching more to the north and northwest.

“That could also make some of our access points on the sound side flooded, and also make highway driving hazardous,” he said.

Conditions were less dire further south along the state’s coast.

Carteret County’s Public Information Officer Nick Wilson said that the county didn’t see any significant damage from last weekend’s coastal low.

“Most of the impacts were primarily in the Down East,” he said, where some roads in Cedar Island and a few other areas experienced overwash.

“A couple of our convenience sites were closed on Sunday for safety but were back to normal on Monday,” he continued. “There haven’t been any reports of building damage or injuries. The high tides over the weekend, combined with king tide conditions, did cause some flooding in low-lying spots, but it quickly receded once the low passed.”

Carteret County Shore Protection Manager Ryan Davenport said Wednesday morning that Most of Bogue Banks fared well during the recent storm.

“We did see moderate erosion and some dune escarpments in western Pine Knoll Shores, Indian Beach, and Salter Path, but the impacts were no worse than what we typically expect from a winter storm. We remain on track for the island-wide nourishment project scheduled to begin in fall 2026,” he said.

Town officials from North Topsail Beach in Onslow County to Holden Beach in Brunswick County reported experiencing some erosion and escarpment.

North Topsail Beach officials assessed the town’s little more than 11-mile stretch of ocean shoreline throughout Monday and found most erosion to have occurred along the northern end of town toward New River Inlet.

“We noticed our typical hotspots had erosion,” North Topsail’s Town Manager Alice Derian said Tuesday. “There’s some escarpment there. There was some scarping south, but the dunes are still intact.”

All of the town’s public accesses remain open.

Topsail Beach’s ocean shoreline “held up well except at the very south end,” Topsail Island Shoreline Protection Commission Chair William Snyder said.

He said that there is some escarpment to the natural dunes that front a portion of the undeveloped southern tip of the island.

New Hanover County Coastal Protection Coordinator Bryan Hall said in an email Tuesday afternoon that Wrightsville, Carolina and Kure beaches all experienced some erosion over the weekend. Wrightsville Beach’s ocean shoreline also suffered some escarpments.

“As far as I’m aware, there was no significant public or private infrastructure damage or significant established dune damage, which is a testament to the well-established dunes and the County’s Coastal Storm Risk Management (CSRM) projects,” Hall said.

Officials in Brunswick County beach towns that responded to Coastal Review’s requests for comments also reported minor erosion, including Bald Head Island and Oak Island.

“Honestly, I think we fared pretty well,” Ocean Isle Beach Town Manager Justin Whiteside said Tuesday afternoon.

One end of a privately maintained road that runs through a gated neighborhood at the eastern tip of the island has been partially eaten away.

Whiteside said roughly half of the cul-de-sac within The Pointe, a relatively new development of luxury homes, is gone.

“They’re sandbagging around the perimeter of where the cul-de-sac was,” he said.

“There have not been any reports to us of damage besides some flooding caused by tides and winds,” Holden Beach Town Manager Bryan Chadwick said in an email Tuesday afternoon. “We do feel fortunate because it could have been a lot worse.”

Storm recap

Warning Coordination Meteorologist Erik Heden with the National Weather Service office in the Newport/Morehead City office said that with this last storm, “we wanted to make sure people knew that despite it not having a name,” nor’easters can produce the same winds, flooding and rain as hurricanes.

There have been multiple offshore storms that have beaten and battered areas of the state’s coastline, particularly the Outer Banks, where N.C. 12 on Ocracoke and Hatteras islands has been closed for most of the last few days and Down East Carteret County has experienced high-water levels.

There was also a king tide, which means at certain times of the year the tides come in higher and go out lower than normal, that began early last week, leading to some flooding, which was not storm related, in Beaufort, Buxton and other spots on the Outer Banks, Heden said.

The combination of higher water levels with a king tide, a storm with gale-force winds, large waves and swells, and 3 to 4 inches of rain made everything worse, especially in low lying areas, he said.

Flooding occurred up the Neuse and the Pamlico rivers, pushing water levels in New Bern to their highest since Hurricane Ophelia in 2023.

Down East Carteret County had a “tremendous amount of water on the roads,” but nothing they haven’t experienced before, Heden said. The Outer Banks experienced significant ocean overwash, especially at the March Basnight Bridge southward to the Pea Island Visitor Center, where the man-made dunes are built.

Heden said that while the coast will experience slow improvements and fall temperatures the remainder of this week, some areas will continue to experience issues with water, especially at high tide.

“Today’s Tuesday, and we’ve got this advisory through Thursday, so it’s not going to be worse than it was this weekend. We don’t have the wind, we don’t have the swell, but it takes a while for that water to calm down,” he said.

Guest Commentary

To stimulate discussion and debate, Coastal Review welcomes differing viewpoints on topical coastal issues.

I am writing on behalf of the Town of Ocean Isle Beach regarding the September 30 article, “Sand is vanishing on east side of Ocean Isle’s $11M erosion fix.” While we appreciate Coastal Review’s coverage of coastal management issues, the article does not provide full context and leaves readers with an incomplete understanding of the facts.

The terminal groin project was subject to a lengthy, transparent public process:

• Initial scoping meeting: October 3, 2012
• Project Review Team Initial Meeting: March 5, 2013
• Draft Environmental Impact Statement: March 3, 2015
• Terminal groin public workshop (3 West Third Street): April 4, 2015
• Final Environmental Impact Statement: April 15, 2015
• CAMA Permit Issued: November 2016
• Groin Construction began: November 2021

The development known as The Point followed a separate timeline. The developer first appeared before the Planning Board in June 2015, after the above meetings had taken place. He purchased the property in September 2015. In October 2016, the Board of Commissioners issued preliminary plat approval. After a period of stalled activity, the Major CAMA Permit for The Point was issued on June 18, 2018. The developer then submitted a new sketch plan in December 2019, and final subdivision approval was granted in 2022.

Related: Sand is vanishing on east side of Ocean Isle’s $11M erosion fix

All this information was publicly available prior to development of this area. By omitting these facts, the article gives the impression that property owners were unaware of the project, when the Town followed a thorough and publicly documented process in full compliance with state and federal requirements.

Ocean Isle Beach values Coastal Review’s role in informing the public about coastal issues, and we respectfully request that future reporting includes the full timeline, so readers have a complete understanding of both the Town’s due diligence and the developers’ decision-making process.

Thank you for your attention to this matter,

Debbie S. Smith, Mayor
Town of Ocean Isle Beach

Opinions expressed by the authors are not necessarily those of Coastal Review or our publisher, the North Carolina Coastal Federation.

OCEAN ISLE BEACH — When the Army Corps of Engineers issued its final decision on the terminal groin project here more than eight years ago, the document conveyed a prescient warning.

A terminal groin “may increase erosion along the easternmost point of Ocean Isle Beach, down-drift of the structure.”

Today, the shoreline east of terminal groin is being gnawed away, vanishing beach in front of a neighborhood of grand, multimillion-dollar homes built shortly after the $11 million erosion-control structure was completed in spring 2022.

A wall of sandbags fends off waves from reaching some of the waterfront homes on the ocean side of the gated community that’s advertised as “luxurious coastal living.”

Several lots remain vacant because the properties no longer have enough beachfront necessary to meet the state’s ocean setback requirements.

“I would have never developed the property if I had known this was going to happen,” said Doc Dunlap, a developer with Pointe OIB, LLC. “It’s just devastating to tell you the truth. I even had plans myself to build there, have a summer home.”

The caveat written in the federal record of decision all those years ago, one that was a central argument in a lawsuit to try and stop the terminal groin from being built, was not explicitly pointed out to the developers of The Pointe, they say.

In an email responding to Coastal Review’s questions, the Division of Coastal Management said it, “is not aware of any specific notification to those property owners other than the standard (area of environmental concern) hazard notice.”

“We were just under the impression that all of this was going to be extremely positive and help protect this part of the beach,” said Jimmy Bell, who contributed to the planning and implementation of the community. “And then, once we started experiencing this massive erosion, I started researching groins more. We had engineers and other people that were helping, and we were informed and under the impression that it was going to all be good, and now it’s turning out to not be quite as good.”

Ocean Isle Beach Mayor Debbie Smith pushed back on those claims.

“My heart breaks for them, but the developers knew that that groin was going in,” she said. “They knew it was not designed to protect that area. It was not designed to harm it, but they also know that adjacent 2,000 feet west of them was a line of sandbags and most of them had been there for years.”

The developers are now seeking legal representation as they continue to try to figure out how to protect the oceanfront properties within the 44-lot neighborhood.

“Mr. Dunlap is extremely disappointed in the decisions made that resulted in the placement and construction of the terminal groin and the erosion damages it has caused,” John Hilton III, corporate counsel to Pointe OIB, stated in an email. “He is committed to holding those who made these decisions legally accountable and also seeking a remedy to correct the ongoing erosion.  We are working to obtain local legal counsel to explore and pursue all available options.”

Erosion-battered shore

The east end of the island at Shallotte Inlet historically accreted and eroded naturally as the inlet wagged back and forth between Ocean Isle Beach and Holden Beach up until Hurricane Hazel hit in 1954.

When the powerful hurricane – likely a Category 4 storm using the Saffir-Simpson scale developed in 1971 – made landfall in October 1954 near the South Carolina border, it caused the inlet channel to move in a more easterly direction, accelerating erosion at the east end of the barrier island.

Erosion has remained persistent in that area since the 1970s, according to N.C. Division of Coastal Management records.

The worst of the erosion occurred along about a mile of oceanfront shore beginning near the inlet. An encroaching ocean claimed homes, damaged and destroyed public utilities, and prompted the N.C. Department of Transportation to abandon state-maintained streets.

In 2005, the town was permitted to install at the east a wall of sandbags to barricade private properties and infrastructure from ocean waves.

Sandbags revetments are, under state rules, to be used as a temporary measure to hold erosion at bay.

In 2011, the North Carolina General Assembly repealed a decades-old state law that prohibited permanent, hardened erosion-control structures from being built on North Carolina beaches.

Under the revised law, a handful of beach communities, including Ocean Isle Beach, get the option to pursue installing a terminal groin at an inlet area.

Terminal groins are wall-like structures built perpendicular to the shore at inlets to contain sand in areas of high erosion like the east end of Ocean Isle Beach.

These structures are controversial because they capture sand that travels down the beach near shore, depleting the sand supply to the beach immediately downdrift of the structure, stripping land that is natural habitat for, among others, sea turtles and shorebirds.

Ocean Isle Beach Sea Turtle Protection Organization Island Coordinator Deb Allen said that beach conditions east of the terminal groin have hindered turtles from nesting there this season. Escarpment, sandbags and debris that Allen believes is coming from the development have impeded turtles from accessing the sandy areas they seek to lay their eggs.

As of early September, the organization had recorded four false crawls, which is when a female turtle crawls onto a beach only to return to the ocean without laying eggs, and three nests east of the terminal groin, Allen said.

The potential for that type of impact to wildlife was argued in a lawsuit the Southern Environmental Law Center filed on behalf of the National Audubon Society in August 2017 challenging the Corps’ approval of Ocean Isle Beach’s project.

The lawsuit claimed that the Corps failed to objectively evaluate alternatives to the terminal groin, including those that would be less costly to Ocean Isle residents and less destructive to the coast, particularly to what was then the undeveloped area on the island’s east end.

The lawsuit, which later included the town, came to an end in March 2021 after a panel of appellate court judges affirmed a lower court’s decision that the Corps fairly considered the alternatives included in an environmental impact statement, or EIS, examining the proposed project.

“As we went through and talked about the impacts of terminal groins in the EIS, this was the central argument – will the land east of the groin erode at a more rapid pace? And, everything we could point to, all of the science, said yes,” said Geoff Gisler, program director of SELC’s Chapel Hill office. “There’s only so much sand and the way that these structures operate is they keep more of it in one place and necessarily take it from somewhere else. That’s why we have seen over and over again that when you build a groin towards the end of an island, what happens is the island erodes at the end. That there is less sand going to the east end is not an accident.”

‘Righting this wrong’

Gisler said the SELC will be following how the town and the Corps respond to the erosion that is occurring east of the terminal groin.

“The town committed and the Corps committed to righting this wrong if it occurred and that’s what we’ll be looking at,” he said.

Under conditions in the town’s federal permit, the town is required to monitor the sand spit east of The Pointe as well as the town’s shoreline and that of neighboring Holden Beach to the west.

Should those shorelines erode past boundaries identified in 1999, “consideration will be given to modifying the structure to allow more sediment to move from west to east past the structure,” according to final EIS.

The town also has the option to nourish an eroded shoreline.

“In the event the negative impacts of the terminal groin cannot be mitigated with beach nourishment or possible modifications to the design of the terminal groin, the terminal groin would be removed,” the EIS states.

The Corps and the Division of Coastal Management are reviewing the monitoring report submitted by the engineering firm hired by the town, Coastal Protection Engineering of North Carolina.

That report indicates that erosion “has exceeded the 1999 shoreline threshold for the area immediately east of the groin.”

“However, the applicant is working on a modification request to alter this threshold as the shoreline had eroded landward of part of that threshold prior to construction of the groin,” according to the division.

A beach maintenance project scheduled for fall 2026 to inject sand west of the terminal groin is anticipated to increase the rate of sand that bypasses the terminal groin and “would serve to ‘feed’ the shoreline immediately east of the groin with additional material,” according to the town’s engineer.

But The Pointe’s developers and property owners say they can’t wait another year.

“There’s got to be an exception to the standard application restrictions (i.e., sandbag placement and height) the (Coastal Area Management Act/Coastal Resources Commission) process has today to protect near term east of the groin due to emergency status and a path longer term that can get us to a point of evaluating what we can do for the groin from a redesign standpoint that would protect all both west and east of the groin,” property owner Brendan Flynn said. “What we’re dealing with now in my view is we need to have another review of what could be done to enhance the groin’s performance to benefit and protect the other part of this island.”

Smith said that the terminal groin is doing what it was designed to do.

“It is building up right adjacent to the groin,” she said. “It just has not built anything far enough down to protect this new development. I wish Mother Nature would reserve herself and build it up right now instead of taking it away. I wish I had some magic bullet for them too, but I don’t today. It’s really up to them to take some action.”

Kerri Allen, director of the North Carolina Coastal Federation’s southeast office in Wrightsville Beach, called the situation “heartbreaking,” but not surprising. The Coastal Federation publishes Coastal Review.

“When you alter the natural movement of sand with a hardened structure like the terminal groin, you might protect one stretch of beach, but you inevitably put other areas at greater risk,” she said. “And, unfortunately, the erosion we’re seeing east of the groin is exactly what experts warn could happen.  That being said, the purpose of this groin was to protect existing infrastructure that was already at risk. Instead, new homes were built in an area that’s incredibly vulnerable and these homeowners are now facing devastating losses. Moving forward, we need to focus on solutions that don’t just shift the problem from one place to another and ensure that public resources aren’t used to subsidize these risky, short-term development decisions.”

“I think this is a pivotal moment for Ocean Isle and for other coastal towns,” she continued. “We have an opportunity to step back, look at the science, and commit to managing our coast in a way that protects both our communities and the natural systems that sustain them. That means resisting the temptation to build our way out of these challenges because, ultimately, the ocean always wins.”

OAK ISLAND – When Gigi Donovan looks at the dune fronting a row of largely undeveloped oceanfront lots across the street from her home, she sees a false sense of security.

“We’ve seen this dune go away three times in 12 years,” she said.

The sandy mound that separates the public beach from private lots along a stretch of East Beach Drive wasn’t here just a few years ago. It has been built up and planted with dune-stabilizing sea oats through the town of Oak Island’s efforts to restore its oceanfront shore. 

Now there is enough of it to render at least one of the thin slices of long-vacant beachfront lots suitable for building.

That has Donovan and several of her neighbors worried.

Amber and Dean Russell live a few doors down from the Donovans. When the Russells bought their bungalow in 2022, they went ahead and purchased the beachfront lot directly across the street.

“We bought that just to keep our view,” Amber Russell said. “It’s not safe to build on.”

That’s a sentiment a group of homeowners and residents who live in the area of SE 58^th Street and East Beach Drive have expressed to town officials in the days and months since they received notice that a developer had applied for a Coastal Area Management Act, or CAMA, permit to build a house on one of the oceanfront lots.

They’ve made countless telephone calls and sent emails to North Carolina Division of Coastal Management and U.S. Army Corps of Engineers staff.

They’ve posted handmade signs that read “SAVE OUR BEACHFRONT — No Building on Narrow, At-risk Lots!” along their block of East Beach Drive.

They started an online petition that, as of June 13, had more than 600 signatures.

They’ve dug in their heels and pushed back, calling “for the return to responsible, sustainable environmental development on fragile oceanfront properties” in a plea to Oak Island’s mayor.

But even they acknowledge this fight is an uphill battle, one that is likely to rage on as low-lying coastal areas deal with the effects of sea level rise, more frequent, intense coastal storms and shoreline erosion.

Regulatory flexibility

Last month, a CAMA minor permit was issued for 5515 East Beach Drive. Proposed building plans on the 0.17-acre lot include a 2,856 square-foot house.

Town officials in an email responding to questions said they do not have on file when a home last stood on that lot. Aerial satellite images from Brunswick County show that this particular block of East Beach Drive had more homes along the oceanfront in 1989 than today.

The homes captured by satellite imagery in 1989 were gone in 2003, destroyed by nature or demolition.

Today, houses stand on only two of the oceanfront lots along this block of East Beach Drive.

Oak Island officials said the town does not have an overarching designation determining whether a lot is buildable based on oceanfront construction setbacks.

“For building on an oceanfront lot, the developer would submit information to show compliance with CAMA regulations and receive a permit if they meet said requirements,” an official said in an email.

Back in 2023, the North Carolina Coastal Resources Commission rubber-stamped Oak Island’s beach management plan, which gives beachfront builders more regulatory flexibility regarding how far back they must build from the sea.

The year before, the commission repealed regulations that allowed coastal communities to use the less restrictive setback measurement line for oceanfront construction, instead requiring builders to measure back from what is referred to as the preproject vegetation line.

The preproject vegetation line is the first line of stable, natural vegetation that is on an oceanfront before a large-scale beach nourishment project begins, one where more than 300,000 cubic yards of sand is placed on the beach.

But coastal communities that create and follow beach management plans approved by the commission may measure setbacks from the vegetation line rather than the preproject line as long as they meet the obligations detailed in their plans. Setbacks are 60 feet from the measurement line.

Coastal Resources Commission approved beach management plans for five coastal towns: Carolina Beach, Kure Beach and Wrightsville Beach in New Hanover County, and Oak Island and Ocean Isle Beach in Brunswick County. Once approved, plans must be reauthorized every five years.

Oak Island’s authorized plan calls for placing a total estimated 16.2 million cubic yards of sand on the beach over the next three decades. Under the plan, the beach will be nourished every six years.

Oak Island’s most recent sand nourishment projects were carried out in 2021 and 2022.

A nourishment project originally planned for winter 2024-25 was postponed after the town was informed contractor bids for the project “had far exceeded the amounts expected or budgeted,” according to the town’s website.

The project is again out for bids, and town officials anticipate a contract will be awarded and work will begin later this year.

Risky building

“They’re looking to the renourishment as the permanent solution,” Donovan said.

Dr. Gavin Smith, a North Carolina State University professor who researches hazard mitigation, disaster recovery and climate change adaptation, is not a big fan of beach nourishment.

“I think that overrelying on beach nourishment as a way to protect coastal development is fraught with problems,” he said in a telephone interview earlier this month. “It’s extremely expensive. It can take several seasons or it can take one bad storm and it’s gone.”

Smith pointed out that coastal zones, in particular barrier island, are highly dynamic and subject to significant change.

“Thinking about the construction of a house in a highly dynamic area, I think we need to be really careful,” he said. “Builders and homebuyers need to think about the life of that structure. The conditions that that site might face in 40 or 50 years is worthy of consideration. Individuals need to think about and actually ask a question: While you might be able to legally build in a given place, should you build there? I think that’s something that we all need to perhaps be more aware of.”

It’s time governments at all levels, local, state and federal, “do better,” he said.

“How can we recognize or applaud local governments that have the political will to adopt more stringent standards than the minimums? That’s what many governments adhere to is the minimum standards” Smith said. “Our codes are inadequate in the state, yet that’s what we adhere to in many cases. The National Flood Insurance Program should be viewed as a minimum, not the maximum. In an era of climate change we’re moving toward this idea of nonstationary, which we don’t know what the future holds. So, therefore our codes and standards ought to be that much more rigorous to account for the uncertainty. But instead, we’re relying on old data. We’re relying on old codes and that’s a significant problem.”

Sitting at the kitchen table in her home on a late May afternoon, Donovan mulled the many concerns she, her husband Mark, and their neighbors have raised to government officials.

They worry about whether more lights from new construction will hinder sea turtles from nesting on the shore. They worry about how stormwater runoff from new rooftops, driveways and other impervious surfaces may exacerbate flooding on their second-row lots.

They worry what one unwelcome coastal storm, be it a hurricane of any category or a potential tropical cyclone that packs a punch like the unnamed storm that pummeled Brunswick County last year, might do to the dune and any homes standing on the small land plots just behind it.

“We don’t know. That’s the thing. We don’t know what’s going to happen,” Gigi Donovan said.

In a statement to the town’s mayor last month, the Donovans and their neighbors wrote: “While we cannot control the weather, we can mitigate the damage it causes by responsibly managing the development of oceanfront properties.”

Oceanfront lot development “should be based on comprehensive land-use plans that take into consideration beach erosion, turtle nesting habitat, climate change, protection of private and town property, and preserving the legacy of (Oak Island) as a quaint, family-focused beach community.”

They are appealing to Coastal Resources Commission Chair Renee Cahoon, who determines whether or not property owners can make their case in a hearing before the full commission.

“We are very motivated and stubborn,” Gigi Donovan said in a text message. “If we allow them to plow ahead, steam-rolling any local opposition, our entire island beachfront will be irreparably destroyed.”

Coastal towns and large homeowner associations representing beachfront properties now have the choice to install a controversial alternative to sand fencing on ocean-facing shores.

The North Carolina Coastal Resources Commission last week amended a rule to allow those entities to apply for a permit to place wheat straw bales on ocean shorelines as a means to protect and build up beachfront dunes.

The rule, which will now go to the state Rules Review Commission for final approval, limits the use of wheat straw bales to government organizations and HOAs with more than 1 mile of oceanfront shoreline.

Use of wheat hay bales is restricted to those groups until the state gains a better understanding of their impacts to wildlife, including sea turtles, shoreline environment, and their efficacy.

In a 7-5 vote in favor of the rule, some on the Coastal Resources Commission, or CRC, reiterated concerns that have been repeatedly raised in recent years by wildlife officials and environmental organizations.

Those groups, including the North Carolina Wildlife Resources Commission, N.C. Audubon, North Carolina Wildlife Federation and Southern Environmental Law Center, argue additional studies need to be done to understand the potential impacts of wheat straw bales to shoreline habitat and the animals that rely on that habitat.

“I just would like to say I think we’re opening ourselves up to a lawsuit,” Commissioner Lauren Salter said during the CRC’s April 30 meeting in Manteo. “I think Southern Environmental Law Center is going to definitely pursue it based on the comments that we received.”

The effectiveness of wheat straw bales on an oceanfront shore was initially tested as an alternative to wooden sand fencing in 2015 on Figure Eight Island, a privately owned island north of Wilmington.

The North Carolina Division of Coastal Management issued a Coastal Area Management Act permit to two properties to initial a pilot study on the New Hanover County island.

The bales eventually became covered with sand, but, within a few months, they were washed away in a storm, according to the division.

Wheat straw bales were not allowed on a North Carolina beach again until 2023, after Ocean Isle Beach officials requested approval to place them on a portion of the town’s oceanfront shore.

Ocean Isle Town Administrator Justin Whiteside reminded commissioners last week that the town made the request because sand fencing was hard to acquire in the months following the COVID-19 pandemic.

Town officials noted the pilot project on Figure Eight Island and wanted to mimic it, he said.

“It was successful in some areas,” on Ocean Isle, Whiteside said. “Then we did have a storm and some of it washed away. Others, it’s still covered up and, as far as I’m aware, it’s still there just all covered up with sand.”

Division officials have said they do not expect a significant uptick in the use of straw bales because they tend to cost more than traditional sand fencing and they would need to be replaced more frequently than fencing.

Coastal Resources Commissioner Jordan Hennessy last week said that his position on the rule amendment remained the same as those he had expressed during a previous meeting.

Hennessy questioned whether the rule, by omitting private property owners from being able to apply for a permit to install wheat straw bales, is constitutional.

“I’ll be voting against the rule because I don’t believe it’s constitutional,” he said.

The CRC’s legal counsel, Mary Lucasse, advised that the rule amendment is not unconstitutional.

“I don’t see anything unconstitutional that’s jumping out on me, and I don’t actually understand your argument, commissioner, as to why you think it’s unconstitutional,” she said. “We do a lot of rulemaking that focuses on situational things, and we sometimes try things, as we did with (wheelchair-accessible) mats, with local governments being able to do it first, and we have not drawn any challenges to that based on constitutionality or other things, and I don’t see an issue in that.”

Under the amended rule, wheat straw bales cannot impede public or emergency vehicle access or be installed in a manner that endangers nesting sea turtles, which is similar the sand fencing rule.

Installation of wheat straw bales will require consultation with the U.S. Fish and Wildlife Service and the state Wildlife Resources Commission through permit application review. Ties or bindings on bales must be removed to reduce debris and the possibility of wildlife entanglement.

Straw bales will be limited to 10-foot-long sections, which is the same requirement for sand fencing, and can be no wider than 2 feet or higher than 3 feet. Bales can not be more than 10 feet waterward of the first line of stable, natural vegetation, erosion scarp or toe of a frontal dune.

Sections of straw bales, sand fencing, or Christmas trees, which may also be used to trap sand, must be spaced 7 feet apart. Nonfunctioning, damaged bales or stakes that have moved from their alignment must be repaired or removed from the shore.

When the North Carolina Coastal Resources Commission meets later this month in Manteo, members are expected to hear from the public their thoughts on reinstating protections for Jockey’s Ridge.

The commission meeting is to begin at 1 p.m. April 30 and resume at 9 a.m. May 1 in the Dare County Government Center. The public hearing on Jockey’s Ridge is scheduled for 4 p.m. April 30.

A public comment period is scheduled for 9:15 a.m. May 1. Comments may be limited to 3 minutes per person. The public can attend in person or view the meeting on the North Carolina Department of Environmental Quality’s YouTube channel.

The Coastal Resources Advisory Council will have an in-person meeting at 9 a.m. April 30, before the commission’s regular meeting begins.

Related: Jockey’s Ridge protections one step closer to approval

The commission designated in 1984 Jockey’s Ridge, an expansive sand dune system within Jockey’s Ridge State Park in Nags Head, as a unique geologic feature area of environmental concern.

During the periodic rules review process, the Rules Review Commission in October 2023 dropped 30 rules, including the Jockey’s Ridge designation, giving as reasons a lack of statutory authority, unclear or ambiguous language, that it was unnecessary and failed to comply with the Administrative Procedure Act. The rules were then removed from the state administrative code.

In the time since, the Coastal Resources Commission has been going through the rulemaking process to reinstate the “unique geological feature” that is the centerpiece of Jockey’s Ridge State Park as an area of environmental concern.

The public hearing for the proposed permanent rule is a step toward restoring the area of environmental concern designation for Jockey’s Ridge in Nags Head.

In addition to the public hearing, members are to consider approving beach management plans for Ocean isle Beach and for Carolina Beach, and to vote on the fiscal analyses on a proposal to allow nonpermanent structures on decks and boardwalks on urban waterfronts, and on proposed amendments to ocean hazard area exceptions.

Commissioners plan to hold discussions on human-made ditches and ways to provide information to potential buyers about specific properties and ocean hazard areas of environmental concern.

A full meeting agenda and briefing materials can be found on the the NCDEQ website. Times indicated on the agenda for individual items are subject to change.

Thorough research needs to be done on how wheat straw bales might affect oceanfront habitat before the state allows them to be used as an alternative to sand fencing, a state wildlife official said.

The North Carolina Wildlife Resources Commission has repeatedly stated its concerns in recent years about straw bales being used as a tool to protect and build up oceanfront dunes, Maria Dunn said in a recent meeting of the state Coastal Resources Commission.

Dunn, who is with Wildlife Resources Commission’s Habitat Conservation Program, said that the agency understands the desire to try and maintain shorelines, but pointed out what she said are “significant differences” between traditional sand fencing and bales.

“We have not objected to traditional use of sand-fencing material as long as installation was done in a manner to effectively collect wind-blown sand and not impede or block areas of the shore for public use and wildlife habitat,” Dunn said at the coastal commission’s Nov. 13 meeting. “Appropriate installation includes the location along the appropriate area of the beach profile, orientation and alignment of fencing, distance between fencing, and length of fencing down the beach profile.”

The proposed rule change the coastal commission approved in April establishes specific guidelines for where and how bales may be placed on a beachfront.

But the potential impacts to shoreline habitat and the animals, including endangered species and plants, that rely on that sandy habitat, remain grossly understudied, Dunn said.

“It was asked if research was available on how bales impact wildlife resources on habitats on ocean shorelines,” she said. “But since they are not permitted on any other Atlantic shoreline’s state shore there is no research or data available to share with you.”

The rule amendment was introduced as a way to help save permittees from waiting for sand fencing to become available during times when it is in high demand.

But unlike traditional sand fencing, straw bales could potentially introduce invasive and nonnative ocean shoreline plant species to shores, influence sand temperatures and, when initially installed, take up 48 times the area that traditional sand fencing uses, Dunn said.

Under the proposed rule amendment, bales cannot be placed in sections more than 10 feet long, 2 feet wide and 3 feet high and ties or binding must be removed from the bales. A permittee must repair or remove damaged, nonfunctioning, or bales sections or stakes moved from the alignment in which they were authorized.

Only local governments, state and federal agencies and large, oceanfront homeowners associations would be permitted to use bales.

A state Division of Coastal Management official told the Coastal Resources Commission in August that the division does not expect a significant uptick in the use of straw bales because they tend to cost more than traditional sand fencing, would need to be replaced more frequently than fencing, and the verdict is still out on how efficiently bales trap sand.

Ocean Isle Beach became the first in the state to test straw bales on a portion of its ocean shore in 2023.

Ocean Isle Beach Mayor Debbie Smith told Coastal Review in late August that the bales worked well, were cheaper than sand fencing and easily accessible during a time when the town could not get sand fencing because of high demand.

Dunn said that the town’s pilot program was monitored by little more than photographic documentation and some surface temperature readings.

There was no designed, controlled experiment comparing different bale installments to traditional sand fencing to see which application best collected windblown said, she said.

“We would recommend that such an experiment is designed with input from state and federal agencies to determine the best type of sand management tools to collect sand for dune structure while minimizing impacts to wildlife resources,” Dunn said.

Smith said in a telephone interview Tuesday afternoon that she never saw a Wildlife Resources Commission representative visit the island to check sand temperatures at turtle nests or conduct other monitoring.

“On any decision we have to make we can always say ‘what if,’” Smith said. “She has no evidence of some of those what-ifs. I don’t think anybody wants to do any environmental damage.”

The town is working on a dune project that will begin sometime this winter. Since the proposed rule amendments have not been made formative, the town has opted to use traditional sand fencing “to move our project along and get it permitted,” Smith said.

Sand temperatures play a significant role in determining the sex of sea turtles in a nest. Dunn said that a half-degree variation can change how many males or females are within a nest and possibly whether a nest remains viable.

Temperatures were not taken at sea turtle nest cavity depths in Ocean Isle Beach, she said.

“We don’t want to artificially create more females,” said Deb Allen, Ocean Isle Beach Sea Turtle Protection Organization coordinator. “We need a balance of males to females.”

Allen pointed to studies that show when nests incubate at higher temperatures it can affect the physical and cognitive abilities of hatchlings, slowing them in their ability to make it from the shore to the ocean.

“We want them to come out of that nest and we want them to crawl to that ocean as fast as possible,” she said.

The coastal commission in August unanimously approved the fiscal impact analysis of the proposed rule. The fiscal analysis measures how a rule may affect a government’s revenue and expenditures to help prepare for or prevent budget shortfalls.

The North Carolina Department of Environmental Quality, or DEQ, and Office of State Budget and Management also approved the fiscal analysis.

A public hearing on the proposed amended rule was held Oct. 30 in Morehead City. The public comment period on the rule ends December 2.

The division has not yet received comments from the U.S. Fish and Wildlife Service, according to its public information officer, Christy Simmons.

The wildlife service did not respond to a request for comment in time for publication.

Division officials anticipate that the amended rule will become effective April 1, 2025.

BEAUFORT — The state Coastal Resources Commission is pushing ahead a proposed rule change to allow wheat straw bales to be placed on ocean shores as a means of protecting dunes.

The commission, which adopts rules and policies for coastal development in North Carolina, on Wednesday unanimously approved the fiscal impact analysis of the proposed rule during its quarterly meeting.

The fiscal analysis, which measures how a rule may affect a government’s revenue and expenditures to help prepare for or prevent budget shortfalls, has also been approved by the North Carolina Department of Environmental Quality and Office of State Budget and Management, or OSBM

The proposed rule change may save local governments, state and federal agencies and large, oceanfront homeowners associations, or HOAs, the headache of waiting for sand fencing to become available during times when it is in high demand, according to Heather Coats, Division of Coastal Management, or DCM, beach and inlet project coordinator.

But the division does not expect a significant uptick in the use of straw bales, she said, because they tend to cost more than traditional sand fencing, would need to be replaced more frequently than fencing, and the verdict is still out on how efficiently bales trap sand.

The cost for a 10-foot section of wheat straw bales ranges between an estimated $30 to $72, according to information gathered by DCM staff with input from the OSBM. A 10-foot section of traditional sand fencing costs an estimated $12 to $24.

Commissioners approved the proposed rule change at their April meeting.

Only local governments, state and federal agencies and large, oceanfront HOAs are permitted to use straw bales under the proposed rule, which includes additional review requirements by wildlife agencies because little is known about their potential impact to nesting sea turtles.

Under the proposed rule, bales cannot be placed in sections more than 10 feet long, 2 feet wide and 3 feet high. A minimum of 7 feet must be between each section. Ties or binding have to be removed from the bales.

Ocean Isle Beach became the first in the state to test whether straw bales might be an effective alternative to sand fencing after the Coastal Resources Commission last year granted the town a variance allowing straw bales to be placed at six areas on the eastern end of the Brunswick County island.

Ocean Isle Beach Mayor Debbie Smith told Coastal Review in a telephone interview Wednesday afternoon that the bales have “worked well,” were cheaper than sand fencing and easily accessible during a time when the town could not get sand fencing because of high demand.

“Most of them covered up fairly quickly,” she said. “In my opinion, it’s more environmentally friendly.”

This fall the town will begin a dune construction project along the east end of the ocean shore from the area of High Point Street to the east of the East Fourth Street beach access, shortly beyond the terminal groin.

Smith said town officials have not decided whether to use straw bales or sand fencing once construction, which will include vegetating the dune, is complete.

“Today we have no project planned to do either one, but when we get through hurricane season that may change,” she said.

The proposed rule change will now go to a public hearing. If it receives final approval, Division of Coastal Management staff anticipate that the rule amendment would become effective April 1, 2025.

The coastal commission also tackled other rulemaking measures on Wednesday, one of which also pertains to Ocean Isle’s dune construction project.

That proposed rule will align with a law passed earlier this year by the North Carolina General Assembly that allows any beach towns that receives a permit to build a terminal groin to establish a measurement line for dune building projects.

The line would “represent the existing location of the first line of stable and natural vegetation” included in a dune building and beach planting project, according to the division.

The current rule establishes a line from where the ocean hazard setback is measured for a stretch of unvegetated beach.

Under the proposed rule, the line would have to be set in coordination with the division, be applicable for no less than two years after a project’s completion, and would apply in areas of a beach significant impacted by erosion and overwash from a storm.

The commission’s approval of this rule as “temporary” allows Ocean Isle Beach to move forward with its dune construction project. Division staff recommended the commission adopt the rule as permanent.

Commissioners also approved pushing ahead with making permanent a rule that deals with general permitting for bridge and culvert replacements in estuarine waters.

Cathy Brittingham, division transportation project coordinator, explained that a rule pertaining to the Coastal Area Management Act general permit for replacing bridges and culverts was mistakenly changed a couple of years ago.

As it stands, the permit has a 120-day expiration date, well below the time it takes to replace a bridge.

The proposed rule amendment would reinstate the expiration date of two years and would require an applicant, which in these cases are predominately the North Carolina Department of Transportation, to provide a project narrative and dates plats of existing and proposed developments in an application.

The commission also approved amending a rule to allow a property owner to rebuild docks and piers damaged or destroyed in storms, fire, or normal deterioration to its pre-damaged condition without having to obtain a CAMA permit.

The General Assembly earlier this summer passed a law setting forth this rule. The permit exemption does not apply to docks and piers wider than 6 feet, larger than 800 square feet, or those adjacent to a federal navigation channel.

Once rules are adopted by the coastal commission as permanent, those rules then go to the Rules Review Commission.

The Rules Review Commission last October objected to 30 of the coastal commission’s longstanding rules, a move that subsequently got the rules removed from the state Administrative Code.

In March, the coastal commission re-adopted more than a dozen of those rules coastal management officials said are crucial to day-to-day operations as temporary as a means to get them back into the code for one year or until they are reinstated as permanent.

The coastal commission and DEQ filed a lawsuit against the rules commission. That lawsuit is ongoing.

Note: Coastal Review will not publish Monday in observance of Labor Day.

OCEAN ISLE BEACH – This Brunswick County beach town may be the first in the state to test whether bales of hay and pine straw are an effective alternative to sand fencing.

The North Carolina Coastal Resources Commission on Thursday granted Ocean Isle Beach a variance that will, with conditions, allow the town to place hay and pine straw bales at six areas on the eastern end of the island.

The town has agreed to monitor the bales and report back to the state Division of Coastal Management, or DCM, on their effectiveness at trapping sand to boost dune building and how well or not they weather coastal storms.

Ocean Isle officials must consult with the North Carolina Wildlife Resources Commission and U.S. Fish and Wildlife Service before the division may issue a permit. Both wildlife agencies raised concerns about the use of bales as a sand management tool when the town applied for a Coastal Area Management Act, or CAMA permit, last year.

Officials with those agencies question the potential impacts to habitat, including that of nesting sea turtles, as the bales decompose, and the possibility of bales being a haven for nesting insects.

The Wildlife Resources Commission last June stated that any impacts of bales on the beach are undetermined and should “be vetted prior to allowance.”

“The direct, secondary, and cumulative impacts bales may have on these resources coast wide is unknown and should be discussed in more detail prior to the inclusion of bales as a management tool by the NCDCM. No information has been found regarding bale use on ocean shorelines in other states, so previously studied examples cannot be compared,” according to the Wildlife Resources Commission.

The Coastal Resources Commission, which held its first meeting of the year in Ocean Isle Beach, agreed that while the town must consult with the Wildlife Resources Commission and Fish and Wildlife Service, the town will not be bound by concerns raised by those agencies.

Ocean Isle hopes the bales will build up dunes along what is now a flat stretch of beach leading up to sandbags placed in front of waterfront homes to hold back erosion at the east end of the island.

In 2005, the town installed 1,800 feet of sandbags along east end and in 2012 added another 400 feet. The town covered the bags with stockpiled sand to try and create starter dunes after a terminal groin was built last April on the island’s east end at Shallotte Inlet.

The Coastal Resources Advisory Council, an advisory board to the commission, visited Wednesday the more than 1,000-foot-long groin, the second to be built in the state after the General Assembly in 2011 repealed a 30-year ban on hardened erosion control structures on ocean beaches.

A terminal groin is a wall-like structure built perpendicular to the ocean shoreline and designed to reduce erosion at inlets. Engineers who met with members of the council at Ocean Isle’s terminal groin last week said that the structure appeared so far to be working as designed, but that it is too soon to determine whether it’s a success.

The lack of a dune system behind the groin leaves the east end of Ocean Isle vulnerable to storms.

Ocean Isle’s town attorney Brian Eades displayed pictures taken during and after Hurricane Ian swept up the East Coast last fall that showed ocean overwash on private properties and into streets at the island’s east end.

In the months prior to that storm, the town had tried, unsuccessfully, to buy sand fencing for the east end.

In this post-pandemic market of supply chain issues and inflation, the time it takes to get sand fencing is lagging and the cost to buy has risen.

“It’s a hardship and it’s a hardship unique to this town,” Eades told commissioners.

He said concerns raised by wildlife agencies are speculative and not supported by a peer-reviewed study. Eades also said he does not see the difference between needles from bales being on the beach and pine needles from dead Christmas trees, which are placed on some beaches to build up dunes.

In May 2015, some property owners of two lots on Figure Eight Island, a private island in New Hanover County, installed bales without state authorization. That August, the Division of Coastal Management issued a CAMA minor permit authorizing the use of hay bales in lieu of sand fencing.

The hay bales were on the beach only a few months before they were washed away by storms, according to the Division of Coastal Management.

If permitted, bales will be placed at six street-end sites along the shore under the same requirements as wooden slat and wire sand fencing.

Coastal Resources Commission Chair Renee Cahoon said, based on how the bales perform, they could “add something to the tool box.”

“We’ll never know until we try something,” she said.

Monitoring will include photographic documentation on a monthly basis, following the durability of the bales, and placing signs on the beach notifying the public that the bales are a pilot project.

In other Coastal Resources Commission business:

• The Coastal Resources Commission received additional information about proposed amendments to inlet hazard areas, or IHAs. IHAs are shorelines at inlets, which can shift suddenly and dramatically, making them especially vulnerable to erosion and flooding. The state is in the process of updating the fiscal analysis for the proposed redrawn IHA boundary maps. Though construction is allowed in these areas, there are building size limits and setbacks that must be met. The public will have more time to comment on the proposed amendments, including a public hearing, before the commission makes a decision.
• The commission discussed amendments to proposed rules on beachfront septic systems. One of the proposed rules would allow oceanfront property owners who can repair a septic tank without having to relocate it from having to obtain a permit. The commission also discussed setback requirements for property owners that have to replace their septic tanks.

The commission is scheduled to meet April 26-27 in the Outer Banks.

OCEAN ISLE BEACH – More than a decade, a lawsuit and a couple of extra million dollars later, the terminal groin on the east end of Ocean Isle Beach is complete.

Construction of the 750-foot-long groin officially wrapped earlier this month.

All that’s left to be done is getting equipment used during construction off the Brunswick County island. That’ll be done by week’s end if not sooner, certainly by the April 30 deadline.

The beach at the east end, where the island rounds to Shallotte Inlet, has a dramatically different look than it had in years past. A robust sand beach stretches some 200 yards or so between homes the terminal groin. Those homes had been dangerously close to the ocean.

A wall of massive rocks extends along shore out into the Atlantic Ocean. The beach here has been built up so that it is aligned with the top of the terminal groin.

The structure has attracted curious beachgoers and fishermen, so much so that the town has posted temporary signs warning them to look, not touch.

“We’ve ordered bigger, permanent signs,” Ocean Isle Beach Mayor Debbie Smith said after hanging up a cell phone call to a town employee.

The call was made on a recent, sunny, clear-sky morning as Smith, who offered a tour of the east end and the erosion-mitigation structure designed to keep an encroaching ocean at bay. She had called to alert the employee that a couple of “Keep off rocks” signs posted along the beach behind the terminal groin were laying on the sand.

Several hundred yards away, a small crew planted sea oats in uniform lines well back from the ocean tideline. Beach grass is to be planted in the fall.

“We’re going to put bales of hay to encourage dune building,” Smith said.

The town originally planned to install sand fencing as a way to build up dunes, but there is none for sale because of supply shortages, she said.

Portions of a wall of sandbags that stretches some 1,500 feet long remain stacked on the beach near homes. The bags are owned and maintained by private property owners. They were notified by letter a few weeks ago that they will now either have to remove the bags or cover them up.

Town-owned sandbags were covered once construction on the terminal groin began.

The bags have been part of an ongoing, seemingly last-ditch effort to keep the ocean from overtaking more properties at the east end.

The N.C. Department of Transportation abandoned the end of East Second Street years ago.

“There used to be a first street out here too,” Smith said as she drove toward the island’s eastern edge.

About a mile of the east end from the inlet down the ocean shoreline suffers most from erosion, Smith said, over the years claiming homes, damaging and destroying public utilities and roads. 

The groin, a wall-like structure built perpendicular to the ocean shoreline, is designed to stop the movement of sand.

This function of terminal groins may be beneficial to the beach immediately behind it, but opponents argue the structures can create erosion problems downstream because they cut off natural longshore drift from reaching those areas.

Ocean Isle Beach is the second coastal town in North Carolina to build a terminal groin since 2011, when the General Assembly repealed a law banning construction of the structures along the coast.

The town’s efforts to install a groin were stalled in August 2017, when the National Audubon Society filed a lawsuit challenging the U.S. Army Corps of Engineer’s approval of the proposed project. The town was later included in the lawsuit.

In late March 2021, a three-judge panel in the U.S. Court of Appeals for the 4th Circuit affirmed a lower court’s decision that the Corps fairly considered the alternatives included in an environmental impact statement examining the proposed project.

Ocean Isle Beach had the necessary state and federal permits in February 2017 to have the terminal groin built so, once the court ruling was handed down, the town put out bids to hire a company to build the groin.

Construction began Nov. 16, 2021. At the same time, a joint project between the town and the Corps began to renourish about 1.5 miles of the easternmost beachfront with an estimated 700,000 cubic yards of sand.

Through the town’s 50-year Federal Emergency Management Act, or FEMA, project with the Corps, sand is injected onto the ocean shoreline about every three years.

“The engineering predicts (the terminal groin) will stretch that out every six or seven years,” she said.

It appears that property owners overwhelmingly support the project. When asked, Smith said she could not think of a single property owner who had spoken against the terminal groin. Opponents of the project, she said, do not own property here.

Despite the lawsuit, David Hill said he had a hunch the terminal groin would eventually be built so he bought a handful of properties on the east end.

“I didn’t have anything down here on the east end until two years ago,” he said. “I watched every one of these rocks go in. I always supported (the terminal groin) because I wanted to keep this beach. The people who don’t think it needs to be here probably don’t know the whole story of this end of the island. This is so needed. I wish it had happened earlier for some of the people who couldn’t save their homes.”

Hill said he was initially worried that sand on the east side of the terminal groin would erode, “but it’s building up.”

The $11 million project was originally estimated to cost somewhere between $9 million and $9.5 million.

The town paid for the project through an account designated for beach projects and funded through a portion of an accommodations tax charged to vacation renters

The groin includes a 300-foot-long anchor, a portion of which is covered by sand.

“It’s anticipated that the natural flow of the sand will cover this up,” Smith said, looking at the wall of rocks that were delivered on flatbed trucks from a quarry outside of Rockingham. That’s the case for the terminal groin on Bald Head Island, she said.

The Village of Bald Head Island was the first North Carolina coastal town to build a terminal groin after the state law was repealed to allow up to six groins to be built on the coast.

Bald Head’s terminal groin was completed in early 2016. The latest monitoring report, which tracked the performance of the terminal groin between May 2020 and May 2021, concluded that the structure was performing “as intended – and as predicted.”

The monitoring report was conducted by Jacksonville, Florida-based Olsen Associates Inc.

A village spokeswoman said in an email that Erik Olsen confirmed the groin continues to perform as intended and predicted.

North Topsail Beach in Onslow County is in the process of having an environmental study prepared for a proposed terminal groin at New River Inlet, a project that may be years out still in that town.

Two major beachfront projects to mitigate erosion and beef up the east end of Ocean Isle Beach’s shore are expected to be underway next month.

Once the environmental window for dredging and beach nourishment activities opens Nov. 16, contractors are set to begin building a terminal groin, a wall-like structure built perpendicular to shore. At the same time, a joint federal project will kick off to beef up the east end of the town’s ocean shoreline.

“We do hope to see activity on the beach the middle of November,” said Ocean Isle Beach Mayor Debbie Smith.

Though the two projects were initiated separately, the timing is such that they will be done together.

Ocean Isle Beach had the necessary federal and state permits by February 2017 to build a 1,050-foot terminal groin, 300 feet of which will be a sheet-pile, shore-anchorage section.

In August that year, the National Audubon Society filed a lawsuit challenging the U.S. Army Corps of Engineers’ approval of the project.

A three-judge panel in the U.S. Court of Appeals for the Fourth Circuit affirmed last March a lower court’s decision that the Corps fairly considered the alternatives included in an environmental impact statement examining the project.

About two months prior to that ruling, Congress approved the Fiscal Year 2021 Work Plan for the Army Civil Works program.

That approval included funding for a Coastal Storm Risk Management, or CSRM, project.

Federal funds cover 65% of the project costs, with the town and state matching the remaining 35%.

According to information on the town’s website, Ocean Isle Beach submitted the 35% share of $3,045,000 to the Corps and requested the state reimburse half of that amount.

Last month, the Corps awarded a $6,675,000 contract to Norfolk Dredging Co. to dredge from a borrow area within Shallotte Inlet and place the dredged material at the far-east end of the island.

An estimated 700,000 cubic yards of sand is anticipated to be placed on about 1.5 miles of the easternmost beachfront, according to Dave Connolly, public affairs chief of the Corps’ Wilmington district. Ocean Isle’s ocean shoreline is about 5.5 miles long.

“The work will be completed simultaneously and it is likely the town’s contractor for the groin will start work on the groin and our contractor will start and pump sand behind the groin and fill out the template,” Connolly said in an email response to Coastal Review. “This portion of work behind the groin is a contract option fully funded by the town – we are doing this work for them through an Additional Work Memorandum of Agreement.”

The cost to the town, per that agreement, is an estimated $2.45 million and does not include the cost of constructing the terminal groin, according to information provided on the town’s website.

Of the two bids the town received in September to build the terminal groin, Coastal Design and Construction Inc. of Virginia submitted the lowest at about $11.4 million. Coastal Protection Engineering, the Wilmington firm the town hired to oversee the project, recommended Ocean Isle award the contract to the low bidder contingent upon the town receiving a North Carolina Coastal Area Management Act, or CAMA, major permit modification.

The state has granted the permit modification extending the deadline of the completion of the terminal groin from March 31 to April 30, 2022.

Smith said the request for an extension was made in the event of possible weather-related or equipment-related issues that could push back work on the terminal groin.

“Hopefully with everybody out there it will move quickly,” she said.

A news release earlier this month from the Wilmington District described how, by the end of the project, “the east end of the island will look drastically different and provide added benefits toward recreation, erosion protection and a potential habitat for sea turtles and nesting birds.”

Smith said that opting to have the Corps build up the beach behind the terminal groin cuts down on costs.

“It will save the town money on the terminal groin project because it will save some on the mobilization cost of the dredge,” she said.

Smith said she did not know the specific cost savings, adding, “It’s substantial money.”

The terminal groin is designed to reduce the erosion that has for years eaten away at the east end of the island, where a wall of sandbags 15 feet tall and some 1,500 feet long barricades the ocean from private properties, roads and public utilities.

“Our engineer and modeling reports do say that the terminal groin should extend the life of the (CSRM) project,” Smith said. “How many years we don’t know for sure.”

Dredging for the Coastal Storm Risk Management project is expected to end March 31, 2022.

OCEAN ISLE BEACH — There are 44 homes proposed at the east end of this resort town, despite the prospect of erosion and flooding, the Wilmington StarNews reports.

The engineering and coastal management warns that annual long-term ocean erosion is 6.5 feet per year, that the shoreline can migrate up to 300 feet inland during a storm event, and that flood waters can reach 14 to 16 feet in the area.

But the developer, The Point OIB LLC, is progressing through the permitting process with an expected Oct. 4 completion of that paperwork, though state agencies can extend that date if they need more time to process the applications.

The Point at Ocean Isle Beach is a proposed 44-lot single-family home community on about 66 acres on the eastern tip of the barrier island, facing the Atlantic and bordered by the Intracoastal Waterway and Shallotte Inlet. The lots, 5,000 square feet at minimum, will be clustered on about 14 acres, given the wetlands that comprise a portion of the site’s acreage and the shorelines that need protection. There will be one paved road to provide ingress and egress, public water and sewer, and a retaining wall to help hold Mother Nature at bay.

The Ocean Isle Board of Commissioners unanimously approved the project last fall because the 44 lots in the application fell within the applicant’s by-right ability to build within the existing residential zoning.

Though approved by the commissioners, the application still requires final plat approval, according to town planner Justin Whiteside.

The Full Story

• 44 homes proposed at east end of Ocean Isle Beach