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Nags Head staff outline revised Harvey shoreline design and easement steps tied to NCLWF grant
Summary
Town planners described a reduced‑footprint design for the Harvey estuarine site to balance public access, submerged aquatic vegetation and recreational safety, and explained a 50‑foot conservation easement requirement tied to a North Carolina Land and Water Fund grant still under negotiation with the tourism board.
Town staff updated the Board of Commissioners on progress for the Estuarine Shoreline Management Plan and the Harvey site design, emphasizing changes made after public and stakeholder input.
Deputy planning staff described design edits that removed offshore breakwaters between two access points, reduced the width of marsh sills and incorporated a renourished sandy beach where historical imagery suggests sand existed. The revisions were made to improve safety for water‑sports users, reduce navigational hazards and preserve submerged aquatic vegetation while maintaining public access behind the boardwalk.
Staff reported that the project’s permit application to the Division of Coastal Management (DCM) required additional wetlands surveying and subsequent resubmittals. The town has been working with the North Carolina Land and Water Fund (NCLWF), the identified grant source, and the tourism board to record a conservation easement that will satisfy grant conditions. NCLWF requires a conservation easement containing a 50‑foot buffer landward of the mean high‑water line. Any recorded easement would have to be acceptable to the property owners (the tourism board and the town) before it becomes effective.
Town staff and the tourism board’s counsel have both been drafting easement language. The town attorney and staff flagged the NCLWF template as important to adhere to and said deviating substantially from their template without strong justification may risk denial. Staff indicated optimism that the parties can reach acceptable language, but said the timeline is uncertain because attorneys for both sides are working through details.
Next steps: staff will continue design refinements, respond to DCM comments, pursue the conservation easement discussions with NCLWF and the tourism board, and aim to record the easement before seeking bids and advancing construction out of season. Commissioners thanked staff for public engagement and noted plans to continue stakeholder outreach before bids are solicited.
