Repeal of ban on erosion-control structures passes Senate committee

On June 17, the Senate Agriculture, Energy, and Environment Committee voted to pass the “Repeal Hardened Structure Ban” with a favorable report and referred it to the Senate Appropriations Committee.

SB 1009 would eliminate the ban on erosion-control structures (hardened structures) and would require the North Carolina Collaboratory to update North Carolina’s Beach and Inlet Management Plan and allocate funds for that purpose. 

“Policy that made sense 40 years ago shouldn’t be immune from review,” said Sen. Bob Brinson, R-Craven, while introducing the bill. 

“Erosion rates have increased,” said Brinson. “The number of threatened structures has grown. Technology and our understanding of engineered stabilization have advanced. And I want to remind you what this bill is not. It’s not a proposal to let every property owner build a seawall. It’s not a fast track for widespread construction. It’s not a proposal to ignore environmental impacts. And it’s not a proposal to abandon nourishment, dune restoration, or relocation.”

If the bill is passed, the Coastal Resources Commission will be tasked with adopting rules to regulate their placement. 

“I, for one, am ready to stop telling our constituents what they can’t do,” said Brinson. “We are asking with this repeal to allow modern site-specific options that could protect homes, roads, utilities, and public beaches without causing unacceptable harm.” 

“Inherently, some properties win, and some properties lose, and I just think that’s science,”  said Sen. Julie Mayfield, D-Buncombe. “I don’t know how the Coastal Commission is going to thread that balance in developing these rules. And I just think we need to recognize that by passing this and asking them to create rules that govern the placement of these structures, we are asking them to pick winners and losers. In the vast majority of cases, downstream properties are disadvantaged when these sorts of structures go in.”

Brinson responded that when a natural disaster occurs, such as Hurricane Helene, there were many homes destroyed. 

“So are we saying that we should not allow those structures to go back up in the way that they were because of what took place?” said Brinson. “It’s the same thing on the coast. You know, we’re losing a lot of homes due to these erosions. And anything that we could do to mitigate that is just responsible, the same way that we’re addressing that in western Carolina. I think, you know, these natural storms have a lot of erosions, whether it’s in the west or the east. And people are affected by it. And I think we should be, you know, a little bit resilient to that.”

Rob Lamme addressed the committee on behalf of the North Carolina Coastal Federation, urging lawmakers to reject SB 1009. In their view, the bill would eliminate North Carolina’s long-standing ban on hardened shoreline structures by exposing coastal communities and state taxpayers to substantial long-term financial costs and liabilities.

“North Carolina adopted its prohibition on hardened oceanfront structures because seawalls, revetments, groins, and similar structures often increase demands for additional shoreline stabilization projects, and create more demand for public expenditures to address the consequences,” wrote Lamme, in a lengthy email to the Carolina Journal. “Repealing the ban would also encourage additional development and investment in highly erosive areas with the expectation that shoreline protection will be available in the future. Over time, this will increase the public costs associated with storm damage, erosion response, infrastructure protection, and beach management.”

“Repeal of ban on erosion-control structures passes Senate committee” was originally published on www.carolinajournal.com.