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Town adopts ordinance banning masonry pool decking in ocean setback

Town of Emerald Isle Board of Commissioners · July 15, 2026
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Summary

The Board of Commissioners adopted a UDO amendment clarifying that masonry pools and masonry decking are not permitted in the ocean setback area, adding a masonry definition and prohibiting concrete decking and bonded paper blocks in AECs; the planning board had recommended the change 5–1.

The Emerald Isle Board of Commissioners voted to adopt a Unified Development Ordinance amendment that clarifies the town’s ban on masonry swimming pools and extends the prohibition to masonry decking in ocean setback areas.

Planning Director Neville told the board the amendment (amending section 4.3.0.2 and adding a definition under section 10.2) ‘‘clarifies that masonry decking, in addition to masonry pools, is not allowed in the ocean setback area’’ and adds a definition of masonry that includes the use of a bonding agent such as mortar. Neville said the planning board reviewed the amendment June 22, voted 5–1 to recommend adoption, and completed a plan‑consistency statement finding the amendment reasonable and consistent with the comprehensive plan.

Neville also said the change is intended to avoid incorrect interpretations of the UDO and to protect critical areas designated by the Coastal Resources Commission, noting that allowing masonry decking within a North Carolina AEC could harm the coastal ecosystem and neighboring properties.

The public hearing was opened and closed with no members of the public speaking. After brief discussion confirming that existing masonry structures would be grandfathered, the board adopted the ordinance by voice vote.

The ordinance states that concrete swimming pools and concrete decking will not be permitted around fiberglass swimming pools, and that paper blocks or bricks that are bonded together will also be prohibited in the ocean setback and ocean hazard setback areas.

The board’s action removes an ambiguity in the town’s UDO about whether masonry materials used for pool decking are allowed, aligning the ordinance with the planning board’s recommendation and the town’s coastal‑resource protections.

The council approved the ordinance without recorded opposition; implementation details and enforcement were left to town staff and planning officials.