Repeal Hardened Structure Ban
Senate Bill 1009 would repeal North Carolina’s existing ban on hardened shoreline erosion-control structures and replace it with a new regulatory framework. The bill removes G.S. 113A-115.1 and directs the Coastal Resources Commission to stop prohibiting temporary or permanent erosion control structures, while still adopting rules to regulate their placement, construction, maintenance, and permitting. The new standard would require the Commission to consider whether a proposed structure would cause significant adverse impacts to private property or public recreational beaches, and to weigh project benefits such as protection of beaches, dunes, wildlife habitat, roads, homes, and infrastructure, along with mitigation measures.
The bill also requires state agencies to update related coastal management documents. The Department of Environmental Quality must amend North Carolina’s federally approved coastal management program to align with the repeal and new rules, and seek federal approval within six months of enactment. In addition, the bill appropriates $850,000 in nonrecurring funds to the North Carolina Collaboratory at UNC-Chapel Hill to update the State’s Beach and Inlet Management Plan, including an assessment of erosion concerns, inlet and channel dredging needs, and a prioritized list of maintenance dredging projects using beach-compatible material.
If enacted, the bill would significantly change state coastal erosion policy by ending the categorical prohibition on hardened structures such as seawalls, groins, jetties, revetments, bulkheads, and breakwaters. It would amend Chapter 113A of the General Statutes, require new administrative rules from the Coastal Resources Commission, and trigger revisions to North Carolina’s Coastal Zone Management Program to maintain federal consistency. The bill also creates a new state-funded planning effort through the Collaboratory, affecting coastal management agencies, local property owners, beach communities, and applicants seeking erosion-control permits.
The bill’s framing suggests strong support from sponsors for a more permissive approach to shoreline protection, especially for property, infrastructure, and dredging-related needs. Because there are no committee transcripts or recorded votes in the provided materials, there is no documented formal debate or vote history to indicate broader legislative sentiment. Based on the bill text alone, the measure appears to be presented as a policy correction favoring local and property-protection interests over the existing ban.
The central point of contention is the repeal of the hardened-structure ban itself. Supporters are likely to argue that property owners, roads, homes, dunes, and other infrastructure need more flexible protection tools, while opponents would likely worry that hardened structures can worsen erosion, damage public recreational beaches, and shift impacts to neighboring properties or the public shoreline. Another likely area of dispute is the balance between allowing these structures and preserving environmental and beach-access protections, since the bill preserves regulatory review but removes the Commission’s ability to prohibit such structures outright.