THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, November 18, 1995 TAG: 9511181620
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LANE DEGREGORY, STAFF WRITER
DATELINE: KILL DEVIL HILLS LENGTH: Medium: 99 lines
People who don't own waterfront property will have a tough time getting permission to put a boat-mooring buoy in public waters under new regulations recommended by the state Coastal Resources Commission Friday.
Many existing moorings may have to be removed under the recommendations.
``The private boat owner who doesn't have waterfront property is kind of being locked out of having a mooring,'' commission member John Spence told his colleagues during a meeting at the Kill Devil Hills Ramada Inn.
``There's no question that some moorings are going to be eliminated,'' agreed commission member Tim Thornton. ``If the commission doesn't want to do that, they shouldn't vote for this issue.''
After two years of discussions, revisions and heated debates, the Coastal Resources Commission passed, 6-4, regulations on permits and placement of boat-mooring buoys in public waters. Commission members Spence, Bob Emory, Paula Kirby and Dave Adams voted against the new rules.
Division of Coastal Management staff members said the rules will need extensive review before their full effects can be understood.
``It will be necessary for us to determine whether there is a difference between a single mooring and a mooring field,'' division spokesman Preston Pate said after Friday's vote. ``The way it's worded now, there's no distinction under the permitting process.
``Commercial fishermen with small, remote moorings may lose the rights to those buoy sites unless they have reasonable access to pump-out stations or waste disposal areas.''
Currently, boat-mooring buoys are permitted under conditions laid out for private pier construction. The new regulations adopted Friday set up specific guidelines for moorings. The regulations have to be approved by the state Rules Review Commission before becoming law.
The new rules would go into effect early next year. They grant current mooring owners a two-year grace period to bring their buoys into compliance with the new standards.
``For one boat or a single-storm mooring, there should be a way for the local governments to address those people's problems and make those types of situations acceptable, non-issues,'' said commission member Mollie Fearing of Manteo. ``Local governments should respond to the individuals. I'd object to having it any other way.''
The new rules would allow two permits for boat moorings: a general permit that applies only to waterfront property owners and a major development permit that anyone can apply for to put a buoy in public waters. Permits cost $50 each. The moorings must be erected within 90 days of the permit's issue date.
General permit moorings cannot be rented, leased or used for any commercial purposes. They can't interfere with navigation. And they can't be located more than 400 feet from the mean high-water line. A maximum of four vessels - including Jet Skis and other personal watercraft - can be anchored at each mooring. Buoys must be at least 12 inches in diameter ``or otherwise designed to be easily recognized.''
Major development permits were designed to allow towns or businesses to create mooring fields, where several buoys are anchored in one area and space can be rented for profit. But to allow nonwaterfront property owners access to public waterways, commission members amended the regulations to allow individuals to apply for mooring permits.
Under the adopted rules, people must get an ``endorsement'' from their local government before they apply for a state mooring permit. Their plans to place the mooring must be ``consistent with a water use plan'' before elected officials can endorse the permit process.
Most local governments don't have water use plans. And many county managers told the Coastal Resources Commission that they don't want to have to handle requests for buoy permits. Nonetheless, commission members decided to let the local municipalities create their own guidelines for moorings.
According to state standards, ``All approved mooring fields shall provide suitable area for access to any mooring(s) and other land-based operations which shall include, but not be limited to, wastewater pumpout, trash disposal and vehicle parking.''
``Will you require a commercial fisherman with a single, permanent mooring on the Chowan River to travel 15 miles away and pump out in Edenton?'' Spence asked the commission.
State staff members said they did not yet know.
``This is a better step than no step,'' commission member David McNaught said of the new mooring regulations. ``The idea is to let the local governments address moorings as closely or loosely as they want to.''
In other action Friday, the commission:
Unanimously approved an application for the state Department of Transportation to rebuild restrooms at the ferry docks on the north end of Ocracoke Island. The new bathrooms will be permanent facilities, replacing the porta-johns that now sit near the ferry. They will be ``several hundred feet landward'' of where the permanent bathrooms used to stand.
Unanimously approved a request from the Coastal Resources Advisory Commission to re-establish two at-large positions on the advisory board. The at-large seats would be filled by appointments from Coastal Resources Commission members. The North Carolina General Assembly will have to approve the additional positions on the advisory commission before anyone can hold those seats.
Asked the Division of Coastal Management to develop or make available outlines for a model water use plan so that local governments will know how to create one for their own town or county. by CNB