OBX Legislative Updates
Sept 2006
Monteray Shores update: Currituck County has not been notified if Carolina Water has even
applied for permits to expand their water system to allow for future development in the Monteray
Shores area. The permits would need to be obtained from DENR’s Division of Water Quality and then
construction would need to be completed for the state-imposed moratorium to be lifted. Realistically.
considering the length of that process, County Manager Dan Scanlon reported that the moratorium
may continue for more than a year. The County cannot issue building permits until the state notifies
them that they can. Al Hodge is the regional NC DWQ Surface Water Protection Supervisor and works
out of the Washington office. He was unavailable for comment; the number to that office is 252-946-
6481. Carolina Water’s local number is 252-441-0538; they, too could not be reached.
update 9/26/06 David May is now in charge of the Water quality division handling the moratorium.
The state of the Bonner Bridge
U.S Department of Interior Secretary Dirk Kempethorne announced his proposal backing a plan to
build a bridge parallel to the 2.7-mile Herbert C. Bonner Bridge in a recent news release.
However, environmental groups are now stepping up efforts to support the building of a 17-mile long
bridge option which by-passes Pea Island National Wildlife Refuge.
"The long bridge is the safest, most reliable and least expensive option in the long run," said Noah
Matson with Defenders of Wildlife in a phone press conference held Aug. 4. "NC 12 - the road running
across the current bridge and the refuge - is built on one of the most rapidly eroding shorelines in the
country and, as such, the road needs continuous upkeep to battle erosion and overwash from storms."
"Political interference has jeopardized the whole project, causing a delay of more than two years," he
said.
Environmental organizations agree that the long bridge is more environmentally sound because it
would completely bypass the refuge which is an important nesting site for sea turtles, piping plovers
and other shore birds.
According to an environmental impact statement which addresses both alternatives, the long bridge
would consume four acres of wetlands while the short bridge alternative and the re-alignment of NC 12
to the west would destroy more than 78 acres of wetlands.
The Bonner bridge was built more than 40 years ago and as much as $50 million was spent between
1987 and 1999 to repair and protect the bridge and NC 12 from the ocean.
Currituck July - Currituck County passed a moratorium on all new water taps for the Currituck
mainland until April 2007. On May 28 and 29, the demand for water exceeded capacity by 500,000
gallons, supplying 1.5 million gallons to customers. The County has been working on the development
of a giant reverse-osmosis plant on the mainland that should help transform the county's water supply
by adding an extra 3 million gallons of capacity a day.
Currituck Election Highlight
After almost a year-long informational campaign by Currituck County officials, Unified Government
was overwhelmingly defeated by voters. Over 63% of voters were against the issue which would
prevent any area from incorporating in the future.
Duck
May 3 – the Duck Town Council voted to revise the definition of lot area in the zoning ordinance
Section 2, as follows:
For the purposes of determining lot coverage, maximum building size, or number of bedrooms, the lot
area for oceanfront properties shall be considered the area landward of the mean high water mark first
line of stable natural vegetation (as determined pursuant to Coastal Area Management Act
regulations), that lies within the remaining three lot lines or the lot square footage determined by the
Dare County tax assessment office for real estate tax assessment purposes, whichever is greater.
Several people expressed concern that changing the way in which lot area is calculated would prevent
them from pursuing plans to build or remodel their house in the manner they had intended. Many
people were frustrated that this now forces them to build a smaller house and they will not get the
anticipated return on their investment due to the high cost of the property..
April 7, 2006
Corolla – Monteray Shores Moratorium
Currituck County Planning Director Sarah Keifer recently responded to questions about the
moratorium on development in the Monteray Shores subdivision in Corolla. The moratorium was
expected to be lifted last month but Ms. Keifer stated that the moratorium is still in effect and “going
strong”. She said that there is ongoing debate about where the disposal area should be and gave
no indication when or how soon the moratorium would be lifted.
March 9th 2007
Mid-Currituck Sound Bridge May Become a Reality!
A Preliminary Traffic and Revenue Study recently completed for the NC Toll Authority breathes new life into the
long-anticipated Mid-Currituck Sound Bridge project becoming a reality. The study shows that the bridge could
be built by 2013 through a public/private partnership with 60% of the construction costs derived from tolls. New
estimates put the cost of a 7-mile, 3-lane Mid-Currituck Sound Bridge at about $460 million; much lower than
past estimates upwards of $800 million for a 4-lane bridge. Approximately $260 million of the cost could be paid
for by tolls, the other $200 million would be paid by NC DOT. The public/private partnership would mean that a
private entity would build, maintain and operate the bridge/toll facility with tolls of $8 in peak season; $6 off
peak season. With 3-lanes, the bridge would have one reversible lane and would also feature wide shoulders
for bicyclists and other day-trippers. David Joyner, head of the NC Toll Authority, said that they will look at
offering a lower toll rate for local residents; however, there are certain legal and constitutional issues which may
affect that possibility.
Before any further work can be done to move forward with the project, the continuing environmental impact
study will need to be completed and the route with the least damaging impact will have to be determined. There
are about five routes which begin in the Aydlett area of the Currituck mainland to areas from
Monteray Shores to TimBuckII being considered. NC DOT did purchase property several years ago
adjacent to the TimBuckII shopping complex at Albacore St. for the Bridge. Construction is projected to begin in
2010.
John Wander, a representative with the Build the Bridge, Preserve Our Roads Committee gave the Duck Town
Council a summary of the good news at their meeting on Wednesday. He added that the Toll Authority and NC
DOT have worked out a system for permitting, which will bring only those agencies that have a reason to be
involved to the table to decide on the permit. Not being able to acquire the federal permit needed to build the
bridge has been a very large obstacle to overcome. Mr. Wander also stated that this study does not address
any of the issues associated with whether or not NC 12 will need to be widened if the bridge were built.
The NC Toll Authority was established in 2002 to look at alternate financing for the increasing costs of
road/bridge construction. The Toll Authority is looking at six other possible toll road projects. There are
currently no toll roads in the state of North Carolina
Duck
Mar. 7 - The Town Council tabled an overview of a proposed vegetation ordinance and recommendation to
hold a public hearing until their mid-month meeting. The ordinance, if adopted, will require tree removal permits
under certain circumstances and vegetation management plans for new development and substantial
redevelopment. It will also require 15% vegetative lot coverage on residential lots and 10% vegetative coverage
on a lot within any commercial zoning district.
Nags Head Beach Nourishment project
A referendum committee has been organized to educate the public about the upcoming April 17th
vote on the Nags Head Beach Nourishment project. Postcards asking, ”Where’s the Beach”, have
already been mailed to residents with referendum information. The committee, headed up by former
Nags Head mayor Bob Muller, is asking that Nags Head and non-Nags Head residents log on to www.
protectnagshead.org to view frequently asked questions and sign a letter of endorsement. An
endorsement letter and contribution letter is also attached to the briefing
March 10th 2007
Villages At Ocean Hill vs. Ocean Hill - Beach Access
Beach access roads in a Corolla subdivision will remain open to the public following a ruling by the state's
highest court.
The N.C. Supreme Court announced Friday that it will not intervene in a lawsuit filed by a Corolla property
owners association, essentially ending the group's four-year legal spat with another property owners
association over beach access.
The state's top court had agreed late last year to hold a hearing in the case. However, the court decided this
week that decision had been "improvidently allowed."
The reversal wasn't explained; however, the decision essentially upholds two lower court rulings in the dispute,
both of which found that Currituck County shouldn't have restricted public access by closing three roads in the
Ocean Hill 1 subdivision in October 2002.
The lawsuit began shortly after Currituck commissioners agreed in October 2002 to close three of the roads —
Tasman, Bismark and Atlantic drives — at the request of the Ocean Hill 1 Property Owners Association.
Residents of a neighboring subdivision, The Villages at Ocean Hill, sued, claiming the county had no right to
close the roads that allowed them access to beach areas.
Both the Superior Court and the N.C. Court of Appeals later agreed with the plaintiffs that Currituck had no right
to close the roads.
C. Everett Thompson, an attorney representing The Villages at Ocean Hill said his clients were pleased with the
Supreme Court's decision not to hear the case.
"The public's right to access to the beach was upheld," Thompson said Friday.
The decision is also a setback for Currituck County. In addition to agreeing to close the beach-access roads,
the county's former Board of Commissioners had joined the Ocean Hill 1 Property Owners Association's appeal
of the lower court rulings and had even agreed to spend $25,000 in county funds trying to overturn the
decision. Also joining the appeal was the N.C. Association of County Commissioners.
Commissioner Owen Etheridge, who had supported of the appeal, said Friday that the Supreme Court's
decision could have a dire effect on local governments' right to make decisions.
The Ocean Hill 1 subdivision was created in the late 1970s. The recorded plat for the subdivision identified
eight roads, three of which were supposed to be used for beach access and three others which were supposed
to connect to other planned developments.
April 17th 2007
Nags Head Residents say No to Funding Beach Nourishment
In A Surprise Vote: The Town of Nags Head held a referendum on their beach nourishment project this week.
Voters in the special oceanfront district said yes to pay over half the cost of a Nags Head beach nourishment
project with a vote of 56 to 53.
However, the referendum failed because it not only had to pass the special district but the town district as
well. Voters on the west side of the beach road said no to an average increase in their local property taxes of
about $285 per year with a vote of 478 to 324.
May 15th 2007
Corolla Incorporation Public Hearing June 1st!
The Joint Legislative Commission on Municipal Incorporations, a Commission created by the North Carolina
General Assembly, will hold a public hearing to receive comment on the incorporation of the proposed Village of
Corolla on Friday, June 1, 2007, at 5:30 pm at the Outer Banks Center for Wildlife Education in Corolla.
The public is invited to attend. Seating is limited; therefore, proponents and opponents of incorporation are
encouraged to select individuals to represent their position before the Commission. Speakers will be limited to
three minutes. If you have questions about the public hearing, please contact Ms. Gayle L. Moses, Commission
Legal Counsel, at (919) 733-6660 or gaylem@ncleg.net.