CHANGE TO CORPS POLICY AFFECTS ENTIRE NC COAST
Recently, BASE was apprised of an emerging issue regarding the Army Corps of Engineers and their policy regarding setbacks along the Atlantic Intracoastal Waterway. In short, the Corps had a policy change in 2009 which appears to impact every property and dock along the ICWW throughout the Wilmington District—which encompasses the entirety of North Carolina’s coast. This policy delineates the mandatory channel setbacks from the Waterway and whether new structures can be built OR whether structures can be built back after a storm.
In the maps below, the red shaded areas delineate the new setbacks. Notice the number of structures impacted at Holden Beach.
In September, BASE representatives and a representative from Congressman Mike McIntyre’s office met with Corps officials to enable further clarification of the issue. While the Corps changed the policy to address navigation concerns, the consequent impact on property owners along the waterway is significant. According to Assistant District Counsel Justin P. McCorcle, the setback policy along Waterways has changed in two ways. The policy has been amended specifically to widen the setback at intersections and turns in the Waterway. The Corps has been hearing concerns from the navigating public about problems with docks encroaching too close to the Waterway along turns and at intersections; when the vessel in question is a tug and barges, negotiating turns in a 90-foot channel can be very difficult. The setback along straight sections of the Waterway has not changed at all and remains at 80 feet. However, in bends in the waterway or at inlets, the setbacks can increase and have different dimensions—even on adjoining properties. Additionally, the policy document contains changes to provisions regarding the ability to build back after a storm and to perform repair or maintenance. The new policy also prohibits new structures from being built in within the 80 foot setback OR the expanded setbacks, depending on the location of the property.
According to Corps officials, the document in question is a Commanders Policy (BELOW) which did not necessitate going though any stakeholder process or require public notice. BASE provided a letter (BELOW) to the Corps to request reexamination of the policy. At this time, it appears that adjoining Corps districts do not have similar policies. BASE has asked for revisions to several sections of the policy including enabling more specific provisions/clarifications along bends and inlets and parameters for rebuilding/maintenance/repair.
Overall, Corps officials were extremely cognizant of the impact of the potential changes and were working to address the concerns. Pending internal discussion, Corps officials will likely convene stakeholder input from the regulated community and navigating public and present for public comment a revised version of the policy.
BASE Letter to Corps Regarding AIWW Setbacks
Example of Setbacks (Holden Beach1)
Map Example of Setbacks (Holden Beach2)
Corps 2009 Setback Policy