§ 113A-134.3. Standards for public access program. - North Carolina Statutes

§ 113A‑134.3. Standards for public access program.

(a)        The Commission, with the support of the Department, shallestablish and carry out a program to assure the acquisition, improvement, andmaintenance of a system of public access to coastal beaches and public trustwaters. This public access program shall include standards to be adopted by theCommission for the acquisition of property and the use and maintenance of theproperty. The standards shall be written to assure that land acquisition fundsshall only be used to purchase interests in property that will be of benefit tothe general public. Priority shall be given to acquisition of lands that due toadverse effects of natural hazards, such as past and potential erosion,flooding, and storm damage, are unsuitable for the placement of permanentstructures, including lands for which a permit for improvements has been deniedunder rules adopted pursuant to State law. The program shall be designed toprovide and maintain reasonable public access and necessary parking, within thelimitations of the resources available, to all coastal beaches and public trustwaters where access is compatible with the natural resources involved and wherereasonable access is not available.

(b)        To the maximum extent possible, this program shall becoordinated with State and local beach and coastal water management andrecreational programs and shall be carried out in cooperation with localgovernments. Prior to the purchase of any interests in property, the Secretaryor his designee shall make a written finding of the public purpose to be servedby the acquisition. Once property is purchased, the Department may allowproperty, without charge, to be controlled and operated by the county ormunicipality in which the property is located, subject to an agreementrequiring that the local government use and maintain the property for itsintended public purpose.

(c)        Subject to any restrictions imposed by law, any fundsappropriated or otherwise made available to the Public Beach and CoastalWaterfront Access Program may be used to meet matching requirements for federalor other funds. The Department shall make every effort to obtain funds fromsources other than the General Fund to implement this program. Funds may beused to acquire or develop land for pedestrian access including parking and tomake grants to local governments to accomplish the purposes of this Part. Allacquisitions or dispositions of property made pursuant to this Part shall be inaccordance with the provisions of Chapter 146 of the General Statutes. Allgrants to local governments pursuant to this Part for land acquisitions shallbe made on the condition that the local government agrees to transfer title toany real property acquired with the grant funds to the State if the localgovernment uses the property for a purpose other than beach or coastal watersaccess. (1981, c. 925, s.1; 1983, c. 334; c. 757, s. 13; 1987, c. 827, s. 145; 1989, c. 344, s. 2; c.727, s. 137; c. 751, s. 13; 1995, c. 183, s. 4.)