lots paved without degradation of water qual- 

 ity or loss of fishermen's rights, says William 

 Raney, a Wilmington attorney who represents 

 developers. 



"There are construction and landscape tech- 

 niques that control storm water," he says. "You 

 can reroute the storm water or use porous pav- 

 ing materials for instance." 



Raney's right. Developers can use methods 

 such as holding ponds and underground pipes 

 to funnel storm water into the ground instead 

 of into shellfishing waters. 



But not all developers have been willing to 

 go to the extra expense of controlling storm 

 water. 



That may soon change. 



A set of regulations is now pending before 

 the N.C. Environmental Management Com- 

 mission. They will require storm water control 

 by new developments built within half a mile 

 of shellfishing waters. 



But storm water isn't the only source of pol- 

 lution for coastal waters. Shellfishermen also 

 point a finger at marinas. 



Boat owners who dock at marinas tend to 

 flush sewage into the surrounding waters. 



Most developers don't argue that commer- 

 cial marinas cause pollution. But private boat 

 docks for multi-family condominiums are a 

 different matter, they say. 



Raney says that private boat docks are used 

 less than commercial boat slips. 



"The usage of the boat tends to be away 

 from the docks," he says. "People get on their 

 boats and go away from the docks. They come 

 back and go upstairs to their condo. 



"They don't stay on the boat all night and 

 flush the toilet numerous times." 



Raney says he sees no difference between 

 the docks at a multi-family condominium and a 

 string of piers trailing behind a dense devel- 

 opment of houses. 



"Single-family developments have no con- 

 trols," he says. 



But shellfishermen and environmentalists 

 believe that where boats congregate, toilets are 

 flushed. 



"Studies show that marinas pollute," Johnson 

 says. "There's no doubt about it." 



Some developers have proposed a "closed 

 head" policy for marinas. Boat owners would 

 be required not to flush untreated waste over- 

 board. 



But Todd Miller, executive director of the 

 Coastal Federation, says that kind of policy 

 can't be enforced. 



Johnson says, "How long have we had this 

 anti-littering campaign? Yet people still throw 

 out their beer cans." 



Miller believes that all future marina devel- 

 opment should be limited to areas that are 

 already polluted. 



Preston Pate is caught in the middle. 



Photo by Doug Yoder 



Pate, assistant director for the N.C. Division 

 of Coastal Management, says the regulations 

 apply equally to commercial and private mari- 

 nas, and they involve a maze of state agency 

 policies. 



An N.C. Division of Shellfish Sanitation pol- 

 icy says that generally marinas cause pollution. 

 Therefore, the waters around them will be 

 closed for shellfishing. 



This presents a problem if a proposed mar- 

 ina is sited for open shellfishing waters. An 

 Environmental Management regulation says 

 no new use of coastal waters can interfere with 

 an existing use. 



Since the proposed marina would close 

 waters, preventing shellfishing, the permit 

 would be denied whether it was commercial or 

 private. 



Developers believe the broad application of 

 marina restrictions to private boat docks denies 

 riparian rights. 



A property owner who buys land that 

 borders on the water has the right of access to 

 deep water. The owner can build a pier, wharf 

 or dock to gain that access. 



Although the condominium owner's riparian 

 rights are denied, "those rights don't give 

 owners the right to pollute," Pate says. 



Shellfishermen and developers are slugging 

 away with countless regulations, policies and 

 statutes to assert their rights. 



Meanwhile, resource managers are trying to 

 strike a balance between the two. With re- 

 search from organizations like Sea Grant and a 

 little compromise from the opponents, it can 

 be done. 



Resource managers hope that when the bell 

 rings, no one loses. 



