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Carteret County agrees to back petition seeking declaratory ruling on coastal management jurisdiction over man‑made ditches
Summary
A resident asked the board for a resolution supporting a declaratory ruling that the Division of Coastal Management lacks jurisdiction over man‑made ditches dug entirely on high ground; commissioners indicated consensus to direct the county manager to send support and a proclamation to the Coastal Resources Commission.
Public commenter Nelson Paul asked the Board of Commissioners to adopt a formal resolution supporting a declaratory ruling before the Coastal Resources Commission that would assert the Division of Coastal Management does not have jurisdiction over man‑made ditches dug entirely in high ground on private property.
Paul argued the division's jurisdictional claims — treating ditch waters as 'navigable waters' or coastal AECs (areas of environmental concern) with setbacks and wetland designations — improperly extend the Coastal Area Management Act (he cited North Carolina General Statute 113A‑102 and implementation concerns) to features he characterized as man‑made and not part of the natural shoreline or natural environment.
After the comment, commissioners indicated support: the chair asked whether the board would direct the county manager to sign a proclamation in support, noting the Coastal Resources Commission meeting would occur in May. Commissioners voiced agreement and the board agreed to send support and follow up administratively.
The board did not adopt a drafted resolution at the meeting; the action recorded was a consensus to direct the county manager to transmit the county’s support and to notify state legislators as appropriate if further advocacy is desired.
