GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 539

HOUSE BILL 886

 

AN ACT TO PROVIDE FOR REASONABLE BEACH ACCESS WITHIN THE TOWN OF EMERALD ISLE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Department of Natural Resources and Community Development, in cooperation with the Town of Emerald Isle, is hereby directed to acquire real property by purchase or condemnation, make improvement for and maintain facilities for the provision of public pedestrian beach access in the vicinity of Bogue Inlet.  The town shall not be required to expend local funds to acquire real property, but shall be responsible for maintaining the facility.  Public beach access facilities in the vicinity of Bogue Inlet shall include parking areas, pedestrian walkways, and rest room facilities, and may include any other public beach access support facilities.  Insofar as is feasible, said facility shall include all lands inletward of the dune adjacent to the terminus of Inlet Drive and the adjacent portion of Bogue Court, as well as such adjacent properties necessary to provide adequate parking and support facilities.  Notwithstanding any other law or authority to the contrary, beach access facilities in the vicinity of Bogue Inlet after the installation of said public pedestrian beach access facility shall not include facilities for vehicular access to the beach, including but not limited to the use of the Inlet Drive right-of-way for vehicular access; provided that such prohibition shall not apply until the pedestrian beach access facility is opened; after the installation of said public pedestrian beach access facility, motor vehicles are hereby prohibited from being operated on the ocean beaches and dunes adjacent to and within Blocks 51, 52, 53 and 54 of Emerald Isle; provided that this vehicular access prohibition shall not apply to reasonable access by public service, police, fire, rescue or other emergency vehicles.

Sec. 2.  Nothing in this act shall be construed to otherwise limit or constrain the authority of the Town of Emerald Isle to regulate and manage the use of vehicles on ocean beach areas.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1983.