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Planning board recommends $10,000 fines, shorter deadlines for primary dune damage

Emerald Isle Planning Board · April 27, 2026
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Summary

The Emerald Isle Planning Board unanimously recommended a Unified Development Ordinance amendment raising civil penalties for primary dune damage to $10,000, shortening restoration deadlines to 30 days and treating each day past the deadline as a separate violation; the measure goes to the Board of Commissioners for final action.

The Emerald Isle Planning Board on April 27 voted unanimously to recommend a proposed Unified Development Ordinance amendment that would steeply increase civil penalties for damage or removal of primary dunes.

Planning Director John Nevel presented the proposal to the board, saying the amendment would raise the base civil penalty for primary dune damage from $1,000 to $10,000, shorten the restoration deadline from 60 days to 30 days for dunes, trees and other designated natural areas, and establish that each day after the 30-day restoration deadline constitutes a separate $10,000 violation until full restoration is completed. Nevel told the board the measure is consistent with the CAMA land use plan and intended to protect structures by preserving the town's dune system, which he described as the first line of defense against ocean storms.

Board members asked whether fines in the amendment would be separate from penalties that might be imposed by the Division of Coastal Management or other agencies; Nevel said the proposed fines are distinct and would apply in addition to any agency actions. He also confirmed the amendment would apply only to future violations and not be retroactive.

Bill Little made a motion to recommend the amendment to the Board of Commissioners, with a request that the commissioners clarify the "surety" language in sub-paragraph 3. The motion was seconded by Andrea Beasley and Chad MacAvery and passed unanimously.

The board also heard an administrative update from Nevel on recent dune-restoration efforts tied to a major dune violation, including continued coordination with the Division of Coastal Management and the County Building Inspector on restoration plans and enforcement follow-up.

The Planning Board's recommendation will be forwarded to the Emerald Isle Board of Commissioners for consideration; the board did not vote to apply the amendment retroactively.