CAMA (Coastal Area Management Act)

Currently, there are three (3) types of development permits: major permits, general permits and minor permits. Some development may be authorized by exemption certificate. Single-family homes require minor permits.

• Major Permits are necessary for activities that require other state or federal permits, for projects that cover more than 20 acres or for construction covering more than 60,000 square feet. Applications for major permits are reviewed by 10 state and four federal agencies before a decision is made. 
• General Permits are used for routine projects that usually pose little or no threat to the environment. General permits are issued only by DCM (Division of Coastal Management) staff. 
• Minor Permits are required for projects, such as single-family houses, that don't require major permits or general permits. They are reviewed, issued by the local Oak Island CAMA officer.

CLICK HERE to download a CAMA Minor Permit Application

The Coastal Area Management Act requires permits for development in Areas of Environmental Concern (AEC).

"Development" includes activities such as dredging or filling coastal wetlands or waters, and construction of marinas, piers, docks, bulkheads, oceanfront structures and roads.

Areas of Environmental Concern are the foundation of the CRC's permitting program for coastal development. An AEC is an area of natural importance: It may be easily destroyed by erosion or flooding; or it may have environmental, social, economic or aesthetic values that make it valuable to our state.

If you're planning any sort of development -- from a sandbag structure to a bridge to a condominium -- in the coastal area, and your project is in an Area of Environmental Concern, you're probably going to need a CAMA permit. You'll also need to follow development rules specific to that AEC. You're probably in an AEC if your project is:

• in or on navigable waters within the 20 CAMA counties;
• on a marsh or wetland;
• within 75 feet of the mean high water line along an estuarine shoreline;
• near the ocean beach;
• near an inlet;
• within 30 feet of the normal high water level of areas designated as inland fishing waters by the N.C. Marine Fisheries Commission;
• near a public water supply.

Permit Exemptions

Section 103(5)(b) of the Coastal Area Management Act exempts the following activities from permitting requirements:

• road maintenance within a public right-of-way;
• utility maintenance on projects that already have CAMA permits;
• energy facilities covered by other laws or N.C. Utilities Commission rules;
• agricultural or forestry production that doesn't involve the excavation or filling of estuarine or navigable waters or coastal marshland (Note: these activities are not exempt from permitting requirements under the state's Dredge and Fill Law);
• agricultural or forestry ditches less than 6 feet wide and 4 feet deep;
• emergency maintenance and repairs when life and property are in danger;
• the construction of an accessory building usually found with an existing structure, if no filling of estuarine or navigable waters or coastal marshland is involved.

Section 103(5)(b) of the Coastal Area Management Act exempts the following activities from permitting requirements:

• Road maintenance within a public right-of-way;
• Utility maintenance on projects that already have CAMA permits;
• Energy facilities covered by other laws or N.C. Utilities Commission rules;
• Agricultural or forestry production that doesn't involve the excavation or filling of estuarine or navigable waters or coastal marshland (Note: these activities are not exempt from permitting requirements under the state's Dredge and Fill Law);
• Agricultural or forestry ditches less than 6 feet wide and 4 feet deep;
• Emergency maintenance and repairs when life and property are in danger;
• Construction of an accessory building usually found with an existing structure, if no filling of estuarine or navigable waters or coastal marshland is involved.

• US Army Corps of Engineers Regulatory Program

• Coastal Construction Manual

• CLICK HERE to download a Direct / Shared Access Pathway Application

• CLICK HERE to download a Sand Fence Permit Application

Rules for Beach Access Paths

(From 19th Place East to The Point)

• Direct access pathway across the dune will be allowed for all properties from 19th Place East to the west end of the island (the Point)
• A direct access pathway for each property in this area will be allowed, though neighbors are strongly encouraged to share an access path
• Permit required, but there is no fee
• Every footpath across the dune must be permitted by the Town and installed before it can be used
• Walking across the dune without a properly permitted and installed footpath access will be a violation of the Town’s ordinances

Following the completion of both FEMA-funded nourishment projects, direct pathway accesses across the dune will be allowed from 19th Place East to the west end of the island (the Point). Permits for various beach nourishment projects have had different rules for pedestrian access to the beach. Since 2000 / 2001, the sections of beach included in the Wilmington Harbor Project area and the turtle project (from SE 63rd Street to 19th Place East) were required to use shared accesses placed approximately every 180 feet, in addition to the Town’s street end accesses.

For properties from 19th Place East to the western end of the island, a direct access pathway for each property will be allowed, though neighbors are strongly encouraged to share an access path on the common property line. A permit will be required to install a beach access path, but there is no fee for the permit.   

A pathway can be a maximum of six feet (6') wide, as permitted by CAMA regulations, and must be identified through installation of either post-and-rope OR the optional use of non-permanent, slatted wooden or composite roll-out matting.

A pathway to be shared by abutting properties may be a maximum of eight feet (8’) wide, must be centered on the common property line, and must be identified by post-and-rope OR the optional use of non-permanent, slatted wooden or composite roll-out matting. An individual property may have only one shared access pathway; shared access pathways will not be allowed on both sides of a property. An individual property may have either one shared access or one individual access, but not both.

Town-installed footpath accesses will not be removed immediately; they can be used as the permanent footpath access for a single or shared access but a Town permit will still be required.

If using post-and-rope to define the footpath access, the following conditions must be met:

• Posts must be 4” x 4” x 6’ #2 pressure treated lumber, should not use concrete footers, and should maintain spacing of at least 7 feet between posts. The posts shall be installed with 3 feet above ground
• Posts should only be installed by hand without the use of heavy equipment
• Only rope railings – no wooden or other railing systems will be allowed. The rope shall be of high quality 1” nylon strung through holes drilled in the center of the post 6” from the top. The ends of each rope shall be heat-fused, to prevent unravelling, and secured with a double knot to prevent the ropes from being pulled through the drilled holes.
• Rope railings should be at least 3 feet above ground in order to prevent sea turtle interactions
• Paths should be shore-perpendicular only for access to the beach; should not extend more than 6 feet waterward of planted vegetation or the toe of the constructed slope, whichever is more landward; post-and-rope shall not obstruct recreation access or emergency vehicles; and shall in no case extend below the high water line

Permit Required for Individual / Shared Access

A permit is required to establish an individual or a shared access path, however, there is no charge for the permit. Information on the property and the property owners’ or authorized agent’s signature, along with a drawing of where the path is to be located, will be required for the permit. The permit application may be completed and filed by the property owner, and post-and-rope or non-permanent, slatted wooden or composite roll-out matting may be installed by the property owner.

To apply for a permit (or to ask questions about planting sea oats or installing sand fencing) contact:

Town of Oak Island, Floodplain Administrator/CAMA-LPO

Phone: 910-201-8047 • Department Contact Form

Enforcement

It’s important to protect the dunes, and the Town has several ordinances designed to do just that. A new Beach Services Unit, under the Town’s Police Department, will help make sure the rules are followed throughout the season.

Every footpath across the dune must be permitted by the Town and installed before it can be used. Walking across the dune without a properly permitted and installed footpath access will be a violation of the Town’s ordinances.

Violations of the dune protection ordinances (ARTICLE III. - Protection of Sand Dunes, Sea Turtles and Other Wildlife Habitat; Sand Management Projects) are punishable under Sec. 1-7 with fines up to $500 or 20 days in jail. Violations include, but are not limited to:

• Walking, running, playing, climbing, or other pedestrian traffic of any kind except in approved designated access areas
• Placing anything in or on sand dunes or the designated access areas
• Attaching anything to sand dune access area posts, ropes, sand fences or Town signs
• Vehicular access of any kind other than Town or emergency services vehicles in operation of official duties
• Cutting or removing dune vegetation
• Throwing refuse on the dunes or designated
• Physically altering the dunes or sand management project areas without a permit
• Development activities without a valid building or CAMA permit
• Digging in the dunes
• Mining or mechanical alteration of the dunes or access areas

REMINDER: Walking, climbing, or any other traffic in unmarked areas across the sand dunes / berms is PROHIBITED. Regulation of the dunes, berms, and most any construction in or around the public beach areas is heavily influenced by the Coastal Area Management Act (CAMA), and the North Carolina Division of Coastal Management. To accommodate the directives from these regulating authorities, the following options are available to residents and property owners:

CLICK HERE to view the Pre-Project Vegetation Line Map

NOTICE: A 2022 rule change from the State’s Coastal Resources Commission (CRC) affects oceanfront development on Oak Island:

• On July 21st, the North Carolina Rules Review Commission approved the North Carolina Coastal Resources Commission’s (CRC) proposed repeal of the Development Line and subsequent rule changes to beach front development under the Coastal Area Management Act (CAMA) program. These regulatory changes went into effect August 1st and apply to any permits applied for on or after this date.

• As a result of the Development Line removal, the CRC is reverting back to the pre-project vegetation line (previously known as the "1998 static line") for the most seaward point for ocean front development. CAMA setbacks will be measured 60 feet landward from the more restrictive of the two lines: the pre-project line, or the first line of stable and natural vegetation as it exists at the time of development. No principal structures will be allowed within the 60’ setback.

• The CRC’s new beachfront development rules do allow for the potential that the Town may develop a Beach Management Plan (previously known as a Static Line Exception).  Once approved by the CRC, this plan allows for regulatory flexibility for oceanfront construction setbacks where beach communities demonstrate a local commitment to maintaining beach nourishment projects.  In order for this plan to be approved, the Town is required to develop a long-term (minimum of 30 years) beach maintenance plan. The plan also must address anticipated maintenance event volume triggers and schedules, long-term sand needs, and annual monitoring protocols, as well as identification of financial resources and/or funding sources necessary to fund these long-term nourishment activities. It is anticipated that the long-term nourishment plan the Town and our engineers, Moffatt and Nichol, have been working on for the last two years will provide sufficient information for the development of the Beach Management Plan.

• It is important to note that as CAMA is a state-run program, these rule changes were proposed and approved at the state level. The Town of Oak Island recognizes the potential hardships these new rules can present for beachfront property owners and is actively working with the Division of Coastal Management (DCM) to obtain approval of a Beach Management Plan. Once the Town has a Beach Management Plan in place (i.e. approved by the CRC), setbacks would be measured from the vegetation line at the time of development, and not the more restrictive setback that would be measured from the Pre-Project Line (subject to a “no farther seaward than adjacent neighboring structure” provision).  Any questions or concerns regarding these rule changes can be relayed to DCM and the area DCM Field Representative, Patrick Amico at 910-796-7425.

• The Town will have Doug Huggett and Sam Morrison from Moffatt and Nichol present at the August 16 Town Council meeting to discuss (explain) where we are and how we are currently moving forward with our application for the Town’s Beach Management Plan.

The Development Services Department provides flood information services for the Town of Oak Island. Items the office can specifically help with include:

• Basic Flood Insurance Rate Map (FIRM) Information: Our maps will show if your property is in the Special Flood Hazard (SFHA) area and we can provide the basic information that you will need to secure flood insurance.
• Additional FIRM information: Our maps will show if your property is located in a floodway.
• Historical Flood Information: We can provide information to let you know if your property is in an area that has suffered repetitive flooding.
• Natural Floodplain functions: We can provide you information to let you know if your property is located in or near sensitive, natural or protected floodplain areas such as wetlands.
• Elevation Certificates: We have copies of elevation certificates for most existing structures in the Special Flood Hazard Areas. The National Flood Insurance Program (NFIP) Elevation Certificate (EC) (FEMA form 086-0-33) is an administrative tool of the NFIP which is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances to determine the proper insurance premium rate.

The Town of Oak Island is concerned about flooding and provides these services to help protect property and citizens. Please feel free to contact our office at (910) 278-5024 if we can provide any assistance.

The Hazard Mitigation Plan for Oak Island is a multi-jurisdictional plan which is maintained and updated at 5-year regular intervals. Hazard mitigation plans are prepared and adopted by communities with the primary purpose of identifying, assessing, and reducing the long-term risk to life and property from hazard events. Effective mitigation planning can break the cycle of disaster damage, reconstruction, and repeated damage. Hazard mitigation plans can address a range of natural and human-caused hazards. 

FEMA requires local governments to develop and adopt hazard mitigation plans as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. Hazard mitigation works to reduce loss of life and property by reducing the impact of disasters. Through effective mitigation planning and the implementation of mitigation strategies greater risk reduction can be achieved.

ven with all the advances in technology and other amenities that help control our day to day lives, we can not prevent inclement weather, however we can be prepared. Hurricanes such as Bertha, Floyd, Fran, Charlie and the No Name Hurricane caused much devastation and financial difficulties for the citizens of Oak Island. The Department of Development Services is in charge of assisting the citizens of Oak Island in preparing and recovering from extreme weather events, mainly flooding. Areas prone to flooding include the ocean front areas, the estuary shoreline, and a small valley located between 58th Street and 40th Street along Dolphin and Pelican Drive.

A person’s home typically represents his or her greatest investment. That is why many people have their home insured. What some people do not know is that Homeowners Insurance does not normally cover damage caused by flooding.

It is possible to get flood insurance from an NFIP agent. If you have questions regarding the flood insurance program under the, NIFP please call toll free 1-800-427-4661. Additional information is also available at www.fema.gov/nfip.

Is Your Property In or Near a Flood Zone?

Local water bodies such as the Atlantic Ocean, AIWW, Davis Canal, Montgomery Slough, and the Elizabeth River provide us access to many of the things we enjoy participating in but they can also cause a great deal of devastation. Flooding from ocean over-wash or heavy rainfalls can quickly cause the inland waterways to flood creating dangerous conditions. These dangerous conditions include but are not limited to erosion, road and soil washouts, and dangerous driving conditions. Standing water also provides problems by being a breeding ground for bacteria and disease.

Citizens can help stabilize the soil and bring the waters back to a normal level, during a flood, by planting trees and grass prior to a flood. Water levels are brought back to normal quicker when there is a limited amount of impervious surfaces (surfaces covered by asphalt or concrete) on your property, which does not allow for the water to be absorbed as quickly.

It is important to know if your property is located within a flood zone to help you understand your chances of being flooded. The Department of Development Services will assist you in finding out your flood zone hazard. We use a special map based on the flood hazard areas from the Flood Insurance Rate Map (FIRM) to determine if you are in a flood zone and if so which zone you are in. The following information will be provided when you call: community number, panel number and suffix, and FIRM zone Box.

Note: Please have your property address, Lot, and Block numbers available when you call. You can also obtain your flood hazard information by going to www.floodsmart.gov or flood.nc.gov/ncflood.

Building Permits Required

Development and Building Permits are required before any phase of construction begins. This is done to ensure that proper flood resistant materials are used generally to reduce the amount of damage that could be caused to a structure by a flood. Any structure located within the Flood zone is required to meet the Flood resistant materials requirements as set by the NFIP, furthermore any structure located partially or fully in a v-zone must be designed by a licensed design professional. For more information about these materials you can either call Development Services at 910-278-5024 or you can obtain this information at: www.fema.gov/nfip-technical-bulletins. Building in the Town of Oak Island without a permit is ILLEGAL; please report instances to Development Services at 910-278-5024.

The flood hazard reduction requirements are strictly enforced in the floodplain areas. Some of these requirements are designing electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities so as to prevent water from entering or accumulating within the components during a flood. The Town of Oak Island’s zoning ordinance requires that all new buildings located within the flood plain must be elevated to one foot above the base or “100-year” flood base. Furthermore, all construction on the island must be built to meet 150 mph wind-zone requirements. For more information on this please contact Development Services.

The Town also enforces the substantial improvement/damage requirements. This requires that if the cost of reconstruction, remodeling, additions, or other improvements to a building equals or exceeds 50% of the properties value before being damaged or altered, then the whole structure must be brought up to current building and ordinance requirements.

Protecting your Property 

There are a number of measures that property owners can take to limit possible damage from flooding to existing homes.

• Elevate your home so that the lowest floor is above the flood level is one way, to protect your home and property against flooding. However, the most effective way to permanently retrofit your home against flood damage is to move it out of a flood plain.
• Relocate the electrical box, the water heater, and heating system, to an upper floor or elevate it at least 12 inches above the base flood elevation.
• Anchor the fuel tank to the foundation to prevent it from overturning and floating. Metal structural supports and fasteners must be non-corrosive. Wooden treated structural supports must be pressure treated.
• Anchor sheds or other outbuildings either to a foundation or with straps and ground anchors; this will make them less susceptible to wind damage or being blown away.

In the case of a pending flood, there are some actions you can take to further protect your property.

• Elevate furniture above flood protection levels.
• Using backflow preventers at sewer lines to the dwelling prevents sewer backflow.

Keep materials like sandbags, plastic sheeting, and lumber handy for emergency waterproofing. And remember that drainage ditches perform better when kept clear of brush and debris.

Maintaining Drainage Systems

The Town of Oak Island as a community loses a portion of our drainage system due to dumped debris, soil erosion, and sedimentation. When this happens flooding occurs more quickly, and easily, it also reaches higher elevations. The higher elevation of flooding can subject properties that are otherwise protected to unnecessary risks.

• To minimize risks, refrain from dumping grass clippings and brush along canal banks and waterways.
• Divert gutters, down spouts, and sump pump drainage on to grassy areas and away from impervious surfaces.
• Plant native trees and plants as part of a natural landscape in order to minimize mowing and watering.
• Cover bare soil with native plants to reduce soil erosion and water runoff.
• Make sure landscape improvements slope away from your home so that water runoff does not end up inside your home or next to the foundation.

Dumping is against the law please report any dumping to the local code enforcement officer at 910-278-5024.

Flood Warning Systems

Warning systems keep you informed and can save your life. Flood warnings and forecasts of impending storms are broadcast to the public by NOAA weather radio, and local TV and Radio. These warnings are intended to give residents time to prepare, and protect their properties. They also act to lessen citizen exposure to expected floods. Flood and Storm information may be heard on:

• NOAA Weather Radio 162.550
• WWAY-TV (over the air channel 3 / Spectrum Cable channel 10)
• WECT-TV (Over the air channel 6 / Spectrum Cable channel 7)
• WHQR FM 91.3
• Radio AM 1350
• WAAV AM 980
• The Weather Channel (Spectrum Cable 41)
• OKI-TV (Spectrum Cable channel 8)

Evacuation

If evacuation is necessary, turn off all utilities and secure outdoor objects that could cause damage in high winds and/or flood events. If an evacuation is ordered please make all the necessary arrangements for evacuation. Do not wait until the last minute to leave!

After Flooding

Those living in hazard areas can take the following actions to decrease the risk of injury due to flooding:

• Do not drive through flooded areas or around road barriers, as roads or bridges may be washed out.
• Keep children away from flood waters, ditches, culverts, and drains.
• Stay away from power lines and electrical wires -- report downed power lines to the power company.
• Turn off all electrical circuits at the panel or disconnect all electrical appliances.
• Be alert for gas leaks. Do Not smoke or use candles, lanterns, or open flames unless you know that the gas has been turned off and the area has been ventilated.

For more information on avoiding flood hazards, contact the Town of Oak Island Development Services Department at 910-278-5024 or through the Department Contact Form.

FLOODPLAIN MAP INFORMATION 

Floodplain map information is provided through the North Carolina Floodplain Mapping Program, located at 4218 Mail Service Center, Raleigh, NC 27699.  to contact the program directly, call 919-715-5711, email frishelp@ncdps.gov, or visit their website at https://flood.nc.gov/ncflood/.

The Floodplain Mapping Tool is a powerful resource, that can assist in learning about the following:

• Flood risk at a specific address
• Flood hazards
• Structural and content impacts
• Potential insurance rates
• Mitigation opportunities
• Location of flood warning sites near you.

To access the Floodplain Map CLICK HERE

Additional Flood Map Information

Flood Prone Areas Map: Low lying areas subject to flooding during rain events and the map here shows those locations.

Pre-Project Vegetation Line Map: This map is provided for informational purposes only; verification of the Pre-Project Vegetation Line (formerly known as the 1998 static vegetation line) shall be done by a licensed surveyor. Map layers can be toggled on and off if the “content” icon is selected on the top left off the web-map.

FLOOD INSURANCE INFORMATION

NOTICE: FEMA has changed the way it views flood risk and prices flood insurance. The National Flood Insurance Program’s new rating methodology, Risk Rating 2.0, delivers rates that are easier to understand, and better reflect a property’s unique flood risk. Rates will now be developed on a structure-by-structure basis, offering users a more individualized picture of their risk. 

To view full information on Risk Rating 2.0 changes, CLICK HERE. 

LOMA: Determine the (Letters of Map Amendment) Locations

FEMA Fact Sheet: Flood Insurance

FEMA's Flood-Smart Program: The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners and by encouraging communities to adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures. Overall, the program reduces the socio-economic impact of disasters by promoting the purchase and retention of general risk insurance, but also of flood insurance, specifically. Signup to receive email updates.

NFIP (National Flood Insurance Program) Regulations: The attached addresses several of the issues surrounding the NFIP regulations concerning substantial improvement and substantial damage. The Notice to Property Owners, should be used by local governments for both non-disaster related structural improvements and in post-disaster damage situations.

Provided below are links to additional information and partner organizations, which offer resources to assist with the education, prevention, and response to flood threats.

(PLEASE NOTE: several of the links below redirect to third-party websites, which are not maintained or administered by the Town of Oak Island. Although these are considered trusted information sources, the Town of Oak Island is not responsible for the approval, management, or revision of these sites.)

• Are You Prepared For a Flood? Information brochure for homes located within a flood zone 
• Building to Flood Standards
• For Homeowners, Renters & Business Owners | FEMA.gov
• Flood Risk Information System (nc.gov)
• How to Find your FIRM and Make a FIRMette (fema.gov)
• National Flood Insurance Technical Bulletins | FEMA.gov
• Flood Hazard Guide: This is a comprehensive guide for citizens to utilize during flooding and rain events.
• Flood Maps (NC): Link to the FRIS (North Carolina Flood Risk Information System).
• Flood-Smart Program: FEMA and The National Flood Insurance Program’s guide to purchasing and understanding flood insurance.
• Hazard Mitigation Plan: A Hazard Mitigation Plan (HMP) involving a three-county region including Brunswick, New Hanover, and Pender Counties.
• Floodplain Management Publications: A list of publications and references useful during floodplain management.
• Coastal Construction Manual: The principles and practices of planning, siting, designing, constructing, and maintaining residential buildings in coastal areas.
• Hazard Mitigation Assistance: A link to hazard mitigation assistance information from FEMA.
• Hurricane Preparedness Plan: Town actions and what to expect Before, During, and After a storm.
• Flood Inundation Mapping: A link to FIMAN (The Flood Inundation Mapping and Alert Network), go here to sign up to receive flood alerts.
• Flood Risk Calculator: North Carolina’s search engine to find out the flood risk at your address.
• National Hurricane Center: NOAA and the National Weather Service’s center for hurricane information.
• Previous Flooded Areas Map: The map shows the locations of flooded areas during Hurricane Florence.