With adoption of the policy, the 

 CRC could exercise some control over 

 development of floating home com- 

 munities. But there is a catch. The 

 policy does not apply to existing 

 floating homes that have been tied up 

 or will tie up to existing docks at ex- 

 isting marinas, Owens says. 



The Office of Coastal Management, 

 the enforcement arm of the CRC, 

 regulates development through a per- 

 mit system. And a marina only needs a 

 permit if it makes a physical change 

 such as building a dock, excavating or 

 altering onshore facilities. Only then 

 can the OCM ask that floating homes 

 docking at that marina comply with 

 CRC policies. 



While some floating structures may 

 slip through the fingers of OCM en- 

 forcement, county governments can 

 adopt more inclusive local ordinances. 

 And decisions are made at the county 

 level about zoning and density require- 

 ments and the provision of city or 

 county services. 



But it falls to the N.C. Department 

 of Administration's State Property Of- 

 fice to decide how state public trust 

 waters can be used and whether the 



state should be compensated for that 

 use. Presently, the SPO has no policies 

 concerning floating homes. And of- 

 ficials say any SPO decisions concern- 

 ing floating homes are several studies, 

 definitions and guidelines down the 

 road. 



The SPO may have time to ponder 

 the matter because floating home 

 growth hasn't boomed in North 

 Carolina as predicted. Officials warn, 

 however, that the rising cost and 



decreased availability of waterfront 

 property will eventually lead more 

 people to buy floating homes. 



But there are those who say that 

 state and local governments may have 

 missed the boat altogether. The 

 sailboat, power boat and houseboat, 

 that is. They believe more people live 

 full time on these vessels than live on 

 floating homes. And they pose the 

 same kind of problems. 



— Kathy Hart 



The local angle: 



New Hanover 

 sets standards 



New Hanover County Inspections Director S.D. "Sky" 

 Conklin has a philosophy: It's better to respond to a 

 potential problem than to react to one that's already there. 



When Conklin heard a floating home construction 

 business was going to locate in New Hanover County, he 

 had visions of a waterfront crowded with floating homes. So 

 far, that vision hasn't been realized. But if the time comes, 

 they'll be ready, says Conklin. 



In 1983, at Conklin's urging, New Hanover County 

 became the first in the state to regulate floating homes with 

 a local zoning ordinance. In the process, the county nudged 

 the state into taking action. 



Before the county could enact its ordinance, it had to get 

 permission. Traditionally, local governments did not have 

 clear authority to regulate the waters surrounding a county. 

 Spurred by New Hanover County's desire to control 

 development on the water, the N.C. General Assembly gave 

 counties the explicit authority to regulate development on 

 navigable waters within their boundaries. 



Ken Silliman, assistant attorney for New Hanover 

 County, says the choices of regulations ranged from an out- 

 right ban on floating homes to no regulation at all. Silliman 

 said the county chose an approach somewhere in the middle 

 of those extremes. "We're not going to say we're going to 

 ban them (floating homes) entirely or that you can locate 

 them anywhere. We say that you can only locate in an ap- 

 proved floating home marina." 



The county goes even further in its regulations. The or- 

 dinance limits the density of homes in the marina. For each 

 floating home, the marina must set aside 2,000 square feet 

 of land and provide a minimum of two parking places to 

 avoid placing too much stress on adjacent land. The county 

 building inspector must approve each floating home before 

 it is docked at the marina. And, the New Hanover County 

 Health Department must approve the permanent water and 

 sewer systems required on each home. (For more specific 

 regulations, please contact New Hanover County offices.) 



UNC Sea Grant coastal law specialist Walter Clark says 



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