CHANGES TO CORPS INTRACOASTAL WATERWAY SETBACK POLICY

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Rodger Norman
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1 CHANGES TO CORPS INTRACOASTAL WATERWAY SETBACK POLICY Craig Bromby Hunton & Williams Tyler Newman Governmental Affairs Director Business Alliance for a Sound Economy (BASE)

BASE Business Alliance for a Sound Economy BASE covers government affairs for the coastal North Carolina residential and commercial development and real estate industries locally, regionally and at

2 BASE Business Alliance for a Sound Economy BASE covers government affairs for the coastal North Carolina residential and commercial development and real estate industries locally, regionally and at the state and federal levels. BASE represents the members of the Jacksonville Board of REALTORS, the Brunswick County Home Builders Association, the Brunswick County Landowners Association, the Topsail Island Association of REALTORS, Pitt County Economic Development Partnership, the Wilmington-Cape Fear Home Builders Association and a number of individuals and independent businesses. BASE works with our partners of the National Association of Home Builders (NAHB) and the North Carolina Home Builders Association (NCHBA), the North Carolina Association of REALTORS (NCAR)

Commander s Policy Memorandum No. 5- Setbacks Along Federally Authorized Waterways The U.S. Army Corps of Engineers (USACE) Wilmington District establishes a setback from all Federal channels.

3 Commander s Policy Memorandum No. 5- Setbacks Along Federally Authorized Waterways The U.S. Army Corps of Engineers (USACE) Wilmington District establishes a setback from all Federal channels. A setback is a distance from the channel in which construction is prohibited. Setbacks are intended to serve two primary purposes: 1) Give the USACE and its contractors adequate space and maneuverability to perform dredging throughout a channel 2) Provide commercial and private boating traffic a safety margin when navigating Federal channels

4 Commander s Policy Memorandum No. 5- Setbacks Along Federally Authorized Waterways

5 Commander s Policy Memorandum No. 5- Setbacks Along Federally Authorized Waterways

6 Commander s Policy Memorandum No. 5- Setbacks Along Federally Authorized Waterways BASE CONCERNS: 1) Expansion of setbacks at bends in the AIWW 2) Provisions regarding new structures, existing structures and their development, construction, repair and maintenance 3) Lack of public notice or opportunity for public participation 4) Overall impact: Lot value based on water access may decline Municipal tax bases along the coast could suffer

7 Holden Beach

8 Holden Beach

9 Oak Island

10 Wrightsville Beach

Potential Impacts Change in setbacks not driven by actual incident. Important to understand all contributing factors how specific is change to facts of actual or hypothetical incidents?

11 Potential Impacts Change in setbacks not driven by actual incident. Important to understand all contributing factors how specific is change to facts of actual or hypothetical incidents? Change driven by difficulty for large commercial vessels and barges to negotiate turns Broad impact on existing and future private structures in the AIWW and private property along AIWW Depreciate lot values 25%? Contributory impact on eventual structure? Local tax impacts? No reconstruction if destroyed by natural disaster

12 Revised Policy-March 15, 2011 Clarification on what is prohibited It is our policy to only allow floating structures within the setback, on as case by case basis Bends in the AIWW Navigation Channel specifically identified and revised Inlet Crossings specifically identified and revised NEW provisions regarding Channels Connecting with the AIWW NEW Harborline clarifications Clear information regarding current and new docks in the setback

13 Setbacks at Bends in the AIWW Breakpoint for new policy = 30 Angle of deflection > 30 Setback = 100 feet inside of the bend, 100 feet outside of the bend 1000 feet in both directions from point of intersection

14 Specific locations: 2009 Setbacks at Bends in the AIWW 2011

15 Setbacks at Bends in the AIWW Inlet Crossings

16 Inlet Crossings Setbacks vary by location Range from 100 to 200 feet in width, up to 7,800 feet in length Specific inlets: Shallotte Lockwoods Folly Carolina Beach Masonboro Mason s Topsail Creek New River Brown Inlet Saunders Creek Bogue

18 Channels Connecting with AIWW Revised with specific areas 100 foot setback, up to 750 feet in length Specific crossings: Lockwoods Folly Nixon Channel Butler Creek Green Channel

19 Channels Connecting with AIWW

Harborlines The setback policy will not apply to Federal projects that have established harbor and pierhead lines or where setbacks have been established by law.

20 Harborlines The setback policy will not apply to Federal projects that have established harbor and pierhead lines or where setbacks have been established by law. Harbor and pierhead lines have been established in the following areas Cape Fear River/Wilmington Harbor Morehead City Harbor and Waterfront Beaufort Harbor and Waterfront Neuse River/New Bern Pamlico River/Washington

21 Provisions Regarding New Structures, Existing Structures and their Development, Construction, Repair and Maintenance What if my Dock is currently within the Setback? Existing piers, docks, or other waterfront structures destroyed beyond repair by a storm, act of nature, or other sudden event, will only be replaced in accordance with the current Wilmington District setback policy, as well as any USACE Regulatory and North Carolina Division of Coastal Management permit requirements. The redevelopment or expansion of existing piers, docks, or other waterfront structures, (e.g., the conversion of commercial seafood docks to a residential marina), will be subject to current setback policy and any required regulatory permit action. The general maintenance and repair of existing piers, docks, or other waterfront structures located in the Federal channel setback may be authorized provided the work does not increase the footprint of the existing structure or results in additional encroachment into the setback. No new structures, and no reconstruction or redevelopment of existing structures, will be allowed within the authorized boundaries of any Federal channel.

22 Provisions Regarding New Structures, Existing Structures and their Development, Construction, Repair and Maintenance What if I am Building a New Dock? When submitting your permit application, you will need to identify where the setback line is and if you plan to cross it. If your construction plans cross the setback limit, then you will need to provide detailed documentation regarding your building materials, in order for us to ensure that you will not be using any hardened/permanent structures that will be anchored within the setback. It is our policy to only allow floating structures within the setback, on as case by case basis

23 Coordination with CAMA? Structural Maintenance and Repair CAMA exempts the maintenance and repair (but not replacement) of any damaged structure, provided the repair is less than 50 percent of the value of the structure, as determined by a local building inspector.

24 Coordination with CAMA? Docks and Piers Docks and piers serve important functions along the coast, allowing access to water for recreational and commercial boating, swimming, diving, fishing and transportation. If poorly designed, however, docks and piers can obstruct navigation and the water circulation that sustains an estuary's natural systems. Piers must not extend more than one-fourth the width of a natural water body or man-made canal or basin (see Figure 4.9) Pier alignments along federally maintained channels must meet U.S. Army Corps of Engineers guidelines, available from the Corps' district office in Wilmington.

25 Opportunity for Public Participation But: Policy is not a rule subject to notice and comment process. Relatively short period of time elapsed between the prior Policy Memorandum #5 dated 24 August 2006 and the 21 July 2009 policy 15 March 2011 revisions offer clarify and specificity Areas around inlets and bends have been refined Impact remains a significant expansion of scope and regulation. Example: Holden Beach -- > numerous private structures affected Potentially significant effects on property values and tax values Depreciate lot values 25%? Contributory impact on structure? Effects on property values in fragile real estate market has repercussions for every sector in the coastal economy

26 Revised Holden Beach Previous Holden Beach

Moving Forward Wilmington District Setback Policy For all Federal Navigation Channels http://www.saw.usace.army.

27 Moving Forward Wilmington District Setback Policy For all Federal Navigation Channels Where can the Setbacks be Viewed Graphically? All setbacks are graphically displayed on the Wilmington District s Navigation Internet Mapping Service (IMS) webpage.

HOMEOWNERS INSURANCE UPDATE. Tyler Newman Governmental Affairs Director Business Alliance for a Sound Economy (BASE)

HOMEOWNERS INSURANCE UPDATE. Tyler Newman Governmental Affairs Director Business Alliance for a Sound Economy (BASE) HOMEOWNERS INSURANCE UPDATE Tyler Newman Governmental Affairs Director Business Alliance for a Sound Economy (BASE) BASE Business Alliance for a Sound Economy BASE covers government affairs for the coastal