Legislative Briefing ~ 8.9.17

August 10, 2017

Legislative Briefing ~ 8.9.17

Dare County Flood Map Update

Dare County’s preliminary flood maps were released last year and it was learned today that Dare County’s flood map appeal process begins on August 16th and ends on November 13th. This is big news which means we are on our way to having the preliminary flood maps become effective. The appeal process takes 90 days and if there are no appeals, there will be a 30 day “cooling off” period with the final version of the maps being provided to Dare County. There will then be a six month period in which the maps will need to be adopted. An appeal by any of the Towns may hold up the effective date by as much as a year.
Dare County will not be appealing the maps but they are providing input on the maps. Dare Planner Donna Creef provided a report to the Dare Commissioners at their meeting on Monday regarding comments on the preliminary flood maps. She reviewed a list of comments/concerns to be submitted to the state that include: online mapping address challenges; online small scale map printouts not being labeled clearly; the need for an update of the coastal flood model used in developing the maps and allowing the state to use other models in map development; AO zones used to demonstrate shallow flooding due to overtopping of a dune should be expanded to show shallow areas of flooding in other areas due to extreme rain events; and empirical knowledge of areas that have flooded being shown in an X zone on the preliminary maps. The preliminary maps do not address heavy rain events or the high water table. Commissioners approved forwarding the comments as submitted.
Hopefully, we will see an effective date for the new maps by May of 2018. It has been a long wait!

Off Shore Drilling 5-Year Plan – Public Meeting

The N.C. Department of Environmental Quality will be holding a public meeting this Thursday, August 10th from 5 to 7 p.m. at the Dare County Government Complex to seek input and information on the potential impact of oil and gas exploration and development on the biological, social, economic and aesthetic values of North Carolina’s coast.
The Dare County meeting, along with two others scheduled on the NC coast, is being held in response to the U.S. Bureau of Ocean Energy Management’s request for information and comments on the preparation of a new five-year (2019-24) National Outer Continental Shelf Oil and Gas Leasing Program.
Upon completion, the program for 2019-24 will replace the program for 2017-22.
People can comment at the hearing or submit comments in writing to: Timothy Webster, 217 West Jones St., 1601 Mail Service Center, Raleigh, N.C., 27699-1601, or by email to timothy.webster@ncdenr.gov. All comments are due by Aug. 15, 2017. For more information, click here.

Kill Devil Hills Public Hearing on Reducing Lot Size for Subdivisions

Last month, the Kill Devil Hills Planning Board recommended approval of a zoning ordinance text amendment submitted by Saga Realty and Construction that would reduce the minimum residential lot size for subdivisions greater than 5 acres from 15,000 sq. ft. to 7,500 sq. ft. The lower lot size would require sidewalks and open space. There was also support for an exemption for lots created under this subdivision rule change in the Residential Low Zone. KDH Planning staff also recommends approval of the change. Staff noted that the minimum lot size changed to 15,000 sq. ft. in 1983 due to a Health Department Initiative. The initiative is no longer in place and there have been no true subdivisions developed since then. There are also few large tracts of land left in the town.
The Board and staff were very concerned about the possibility of multi-family housing on the large tract of land and made the approval based this concern and the size of surrounding properties in the Residential Low Zone.
A public hearing will be held on the amendments at the Commissioners meeting on Monday, August 14th at 5:30 p.m.

Town/County Updates

Dare County – Beach Nourishment – The latest video update on beach nourishment (August 4th).

Subdivisions: At Monday’s meeting, Dare Commissioners approved zoning ordinance amendments related to subdivisions to be consistent with state law. Within the subdivision ordinances, there are certain circumstances that are exempt from Planning Board review. Commissioners approved two new items that are now also exempt from Planning Board review. They include the subdivision of land involved in the settlement of an estate and land that involves parcels of land greater than 5 acres and no more than 3 lots that has not been subdivided in the last 10 years.

Currituck -Just an FYI – The July 4th fireworks show that was cancelled due to weather has been rescheduled for TONIGHT – Wednesday, August 9 in Historic Corolla Park.

Duck -The Planning Board meets tonight and will consider the following:

• Proposal to amend Subsection 156.124(C)(1) of the Zoning Ordinance with standards allowing a single support railing for dune walkover structures within the beach nourishment project area.
• Proposal to amend Section 156.058 of the Zoning Ordinance by clarifying the application process for stealth wireless telecommunication antennas.
• Proposal to amend the definition of “Lot Coverage” in Section 156.002 of the Zoning Ordinance by exempting public sidewalks and similar public improvements from lot coverage calculations.

In the News

Steel casing was being set aside when it cut power to Hatteras
Hatteras is On!

Upcoming Meetings

Wednesday, August 9
6:30 p.m. – Duck Planning Board

Thursday, August 10
5:00 p.m. – DEQ Public Hearing on Off-Shore Drilling Plan, Dare Government Center

Monday, August 14
5:30 p.m. – Kill Devil Hills Board of Commissioners
6:00 p.m. – Dare Planning Board
7:00 p.m. –Dare County Waterways Commission

Tuesday, August 15
9:00 a.m. – Southern Shores Town Council
9:30 a.m. – Oregon Inlet Task Force
2:30 p.m. – Nags Head Planning Board
5:30 p.m. – Kill Devil Hills Planning Board – CANCELLED

Wednesday, August 16
1:00 p.m. – Duck Town Council
7:00 p.m. – Nags Head Board of Commissioners

Advocacy, Legislative Briefing