The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Saturday, July 30, 1994                TAG: 9407300245
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY BETTY MITCHELL GRAY, STAFF WRITER 
DATELINE: NEW BERN                           LENGTH: Long  :  114 lines

NEW SANDBAG RULES PROPOSED THE DRAFT RULES ON SANDBAG USE WILL LIMIT THE AMOUNT OF TIME THEY CAN BE IN PLACE AND RESTRICT THE SIZE OF SANDBAG WALLS. THE RULES ALSO SPECIFY WHAT STRUCTURES CAN BE PROTECTED AND WHO IS RESPONSIBLE FOR REMOVING THE BAGS.

Those 8-foot-high walls of black sandbags in place along sections of the Dare County coast to protect private property from erosion will become a thing of the past under rules being considered by the state Coastal Resources Commission.

The proposed changes limit the time property owners can use sandbags to protect their buildings. They also restrict the size of sandbag walls installed on the beach, and specify that tan sandbags be used for those projects.

But the proposal expands the types of structures that can be protected by sandbags.

The recommended rules would allow sandbags to be used to protect septic tanks and drainage fields if the tanks cannot be moved. Supporters of the move said septic systems are ``an integral part of the building'' while opponents said the move would delay a property owner's decision to move or relocate a building endangered by erosion.

Current regulations prohibit the use of sandbags to protect septic tanks and drainage fields.

``Allowing sandbags to be used to protect septic systems represents a major policy,'' said Preston P. Pate Jr., Division of Coastal Management assistant director. ``Allowing them to be used to protect septic systems will protect the long-term use . . . of the structure and virtually eliminate any incentive for the property owner to relocate the structure.''

The proposal means that sandbags could be placed closer to the surf and may mean that sandbags can be used by a property owner earlier than the current rules would allow, Pate said earlier.

But, he said, the changes will ``not necessarily'' affect the use of the beach.

Richard J. Hargitt, chairman of the committee that has been studying sandbag use, said the new rules should clearly state that property owners will not be able to get a permit to install sandbags to protect a septic system and then install a separate wall of sandbags to protect their home.

``The septic tank and building are one unit and you're going to get one shot,'' he said. ``After one shot, I don't care if the contractor has a heart attack, that structure has got to go.''

Currently, the regulations governing sandbags place no specific time limit on their use and do not specify a maximum size for such structures.

Under the proposed rules, sandbag structures can be in place in front of small buildings no longer than two years from the date they are permitted by the division and in front of buildings at least 5,000 square feet for five years and can be built no taller than six feet.

The five-year limit will also apply to buildings in communities with planned beach-nourishment projects.

Under the committee's recommendations, the new regulations also will apply to sandbag structures that are currently in place along the state's coast. Structures that comply with their permits from the Division of Coastal Management will face the same time limit as new structures. Those that don't meet state standards would have to be removed.

``I think we've got something workable that I can go out there and enforce,'' said David Griffin, head of the division's regional office in Elizabeth City.

Late last year, the commission began to re-examine its regulations governing sandbag use after many residents along the northeastern North Carolina coast objected to the long-term use of sandbags along the beach.

The commission is scheduled to hold a public hearing on the proposed sandbag regulations at its November meeting in Nags Head. ILLUSTRATION: PROPOSAL AT A GLANCE

What is threatened: Sandbags can be used only to protect

``imminently threatened'' structures, which means a structure's

foundation or a right-of-way in the case roads are less than 20 feet

away from the erosion scarp. The proposals specify that septic tanks

can be protected as part of the structure.

How often can they be used: Limits beachfront property owners to

one request per property during the life of the property.

How long they can be used: Two years from the date of their

approval for property less than 5,000 square feet or until the

structure they have been protecting has been relocated or removed

from the property, whichever is shorter. Property larger than 5,000

square feet or in communities that have active beach nourishment

programs can use the sandbags for five years.

Bag color: Sandbags must be tan.

Bag size: Sandbags used to build temporary erosion control

structures must be 3 to 5 feet wide and 7 to 15 feet long when

measured flat. Limits the base width of the erosion control

structure to 20 feet and its height to 6 feet.

Who removes: The individual who receives a permit to install

sandbags is responsible for removing them or making repairs.

SANDBAG FACTS

From Virginia south to Cape Hatteras, 37 sandbag structures are

in use along 8,700 feet of oceanfront. If the Department of

Transportation and Cape Hatteras projects are excluded, the number

drops to 35 structures along 3,500 feet, according to a study by

Duke University researcher Brent Ache. Here's a look at sandbag use

in northeastern North Carolina.

Oldest sandbag structure: 25 years old, at Cape Hatteras

lighthouse.

Oldest sandbag structure protecting commercial property: 10 years

old.

Protecting residential property: 9 years old.

Types of structures sandbags protect: 29 percent are protecting

commercial property. 71 percent are protecting single-family homes.

Average erosion rate of the beach at the site of sandbag

structures: 7 feet per year.

Condition of structures: 38 percent were exposed and of that 38

percent, 61 percent had ripped or torn sandbags.

Color: 75 percent of sandbags are black.

by CNB