The why's and Where's 

 of getting permits 



Mention erosion in Pamlico Beach and Masceo 

 Daniels will tell you you're talking about a sore 

 subject. 



But it doesn't take long to find out that what 

 really makes Daniels and his neighbors hot under 

 the collar is the red tape a man has to go through 

 to get government permission to protect his land 

 with a bulkhead. 



"The government just seems to want to let it all 

 wash away," Daniels said, referring to the land his 

 community perches on. "You can lose 10 to 15 

 feet while you're waiting to get a permit," he said. 



Ed Miller marched to a swatch of his river-front 

 property that jutted out between two eroded coves. 

 Several tons of rock were piled not far from the 

 edge. "I'm afraid to do anything," he said, pointing 

 to the rocks he'd like to use for bulkheading his 

 land. "They (the government) want you to get all 

 kinds of permits," he said. 



Miller is right. Both the state and federal govern- 

 ments require that a man have a permit in hand 

 before he excavates or fills his waterfront property. 

 And both state and federal officials agree with 

 Daniels that getting a permit can be a lengthy 

 process. 



Three laws make getting a permit necessary. 

 They are the 1899 Rivers and Harbors Act, the 

 Water Pollution Control Act Amendments of 1972 

 and the North Carolina dredge and fill law passed 

 in 1969. The 1899 law was enacted to prevent the 

 creation of hazards to navigation. But courts have 

 used the law to cover environmental as well as 

 navigational concerns, according to Dr. Wayne 

 Wright of the U.S. Army Corps of Engineers Wil- 

 mington District Office. 



Both the 1972 amendments and North Carolina's 

 dredge and fill law were designed to protect habitat 

 of marine species. Both require a permit for filling 

 in any area that is subject to regular or occasional 

 flooding by waters due to anything other than 

 winds of gale or hurricane force. 



Permits protect habitat 



For the individual who merely wants to rebuild 

 the few feet of his lot lost to erosion by bulkheading 

 and filling, it might be hard to see how his small 

 action could substantially harm habitat. But ac- 

 cording to Wright, permit requirements are aimed 



The University of North Carolina Sea Grant Program 

 Newsletter is published monthly by the University of North 

 Carolina Sea Grant Program, 1235 Burlington Laboratories, 

 Yarbrough Drive, North Carolina State University, Raleigh, 

 N.C. 27607. Vol. 2, No. 10. October, 1975. Dr. B. J. Copeland, 

 director. Dixie Berg, editor. Second-class postage paid at 

 Raleigh, N.C. 27611. 



at regulating and minimizing the total environ- 

 mental impact of hundreds of individuals who 

 would like to stabilize and restore lands. 



The requirement for permits isn't intended to 

 discourage a landowner from protecting his shore- 

 line from erosion. Both state and federal permitting 

 agencies encourage bulkheading and backfilling to 

 protect shorelines — if the intention is simply to 

 stop erosion and not to reclaim large areas of land. 

 State policy is that land can be reclaimed only to 

 the extent lost at the annual erosion rate or no 

 more than has eroded in the past 12 months, ac- 

 cording to Jim Brown, chief of the Estuarine 



Individuals wishing to bulkhead or dredge and 

 fill in marsh may call on a free consulting service 

 at the N.C. Division of Marine fisheries for planning 

 advice. Call that agency at (919) 726-7021 for 

 details. 



Studies Section of the N.C. Division of Marine 

 Fisheries. 



Having to get a permit probably wouldn't be so 

 bad if it didn't take so long. North Carolina land 

 owners are saved time by needing to submit only 

 one application for both state and federal permits. 

 But when an application arrives at the N.C. Divi- 

 sion of Marine Fisheries in Morehead City, govern- 

 ment red tape just begins. 



Before state and federal permits arrive in your 

 mailbox, your application is reviewed by a dozen 

 state agencies, almost as many federal agencies, 

 the folks who own land next to yours and others 

 alerted to your plans by a public notice that the 

 Corps of Engineers issues. 



That's why it can easily take months to get the 

 required permission. 



According to Wright, the Corps attempts to ex- 

 pedite all applications within a reasonable amount 

 of time. "We recommend that applicants not expect 

 a permit in less than 60 days," he said, adding that 

 applications out of the routine can take much 

 longer. State permits are usually issued from six 

 to nine weeks after application, according to 

 Brown. But both state and federal permits must be 

 in hand before work can begin. 



Provide complete info early 



Wright advised that applicants can speed the 

 process by providing complete information from 

 the beginning. "Property owners should plan ahead 

 and apply as soon as plans are complete," he said. 



The Division of Marine Fisheries offers North 

 Carolinians a free consulting service to advise on 

 bulkheading and dredge and fill activities. The 

 consultants are available to help potential develop- 

 ers make plans that fit their needs and are likely to 

 be accepted by review agencies. A call for assist- 

 ance to the Estuarine Studies Section of the Divi- 

 sion of Marine Fisheries in Morehead City at (919) 

 726-7021 could save time and headaches. 



