Rebuilding After Floyd?: CRC Regulations and Redevelopment Options Available to Littoral and Riparian Owners

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McKown, Aaron M.
- Affiliation: School of Law
Moffitt, Donna D.
- Other Affiliation: Director, Division of Coastal Management, Department of Environment and Natural Resources

Abstract

In the early morning hours of September 15. 1999. Hurricane Floyd ripped into North Carolina, pounding away at fragile beaches and dumping more than a foot of rain. When the skies finally cleared, almost one-third of the state was affected by flooding and heavy rains, more than a million residents were without power, hundreds of beach homes had been damaged or destroyed, and the total property damage for the state was estimated at more than $700 million. In addition. Floyd's fifteen-foot storm surge destroyed sand dunes and vegetation used to determine the setback line for oceanfront development along some beaches, thus relocating the invisible baseline significantly inland. As a result, dozens of homes severely damaged by Floyd's fury may now be designated as nonconforming uses, thereby prohibiting these landowners from rebuilding. This article focuses on several post-hurricane issues regarding development along North Carolina ocean shorelines that have emerged in the wake of Hurricane Floyd.

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