§ 196A-14. Buildings in resource areas
A. An increase in the size of a building in a resource area will be considered to be an increased use in the resource area. If an existing building is located within a resource area any alteration to the building which results in an increase in the footprint, the square footage or the cubic volume, will be presumed to have a significant adverse impact on the resource area. Resource areas include all areas specified under § 196A-2. Statement of jurisdiction (§ 160-2), A. (1), (2), (3), (5), and (6).
B. If more than 25% of the footprint, the square footage, or cubic volume of the building is altered, the building will be considered new construction.
C. Alteration of more than 25% of a building located in a dune area must take into consideration the effects of the increase in velocity of the blowing sand by the building. In no instances shall two buildings be built that would increase the velocity of the blowing sand between them and cause additional scour. Buildings in dunes should be built on pilings to allow the dune to migrate under them and at minimum the height of land subject to coastal storm flowage. There should be no storage or utilities under the building. An increase in decks and walkways including roof decks and additional structures such as boat racks should only be considered when they can be shown to be a benefit to the resource area.
D. Alteration of more than 25% of a building located in Land Under the Ocean or an Estuary, Land Under Water Bodies and Waterways and Land Under Salt Ponds
must take into consideration the effects of construction as well as the effects of the permanent structure on that water body. In no instance shall there be an increase in square footage of the building. In instances of storm damage according to Zoning Regulations only a certain percentage of the building maybe rebuilt at one time. Replacement of decks or walkways will only be considered when they can be shown to be a benefit to the resource area or a safety issue. Construction materials shall not be disposed of in the water body.
E. Alteration of more than 25% of a building on a coastal bank must take into consideration the function and stability of that bank. Coastal Banks serve to protect inland areas from storm surge and also contribute sediment to the marsh system. The vegetation on a Coastal Bank provides erosion and sedimentation control, wild life habitat and aesthetic value. In no instance may a building be altered in such a way as to disrupt these functions of the bank. Buildings within Land Subject to Coastal Storm Flowage should be built on pilings to a minimum height of the 100-year storm surge or otherwise follow the Zoning Regulations.
