§ 196A-13. Staircases over coastal and inland banks

A. Preamble

(1) Informal access over coastal and inland banks may cause erosion and destabilization.

Where access improvement is permitted to avoid erosion problems, those improvements shall be minimal and as unobtrusive as is consonant with safe and environmentally sound access. Accessory structures such as recreational or storage decks will not be permitted, and the following guidelines must be observed.

(a) A stairway or stairs is considered any single or set of steps, and any platform or landing connected thereto, connecting different levels to traverse a dune, bluff or coastal bank or other slope.

(b) The choice of whether stairs are to be designed to be “dug into the ground” or elevated is site specific and depends on factors such as the grade of slope, composition of the substrate, nature of vegetation. The benefits of “dug-in” stairs include their ability to allow vegetative cover, minimal visual impact, tendency to slow the erosion effects of rainfall, and their durability. Elevated stairs may at times be preferred to protect vegetation, or due to the steep slope of a bank.

(c ) The stair structure should be located where it will have the least impact on or can improve a resource area. Unless vegetation and contour of slope dictate otherwise, a minimum setback of twenty-five feet from the property boundaries is preferred unless the stairway will be owned and used by two or more contiguous property owners. In such cases the setback requirement shall apply to the outermost boundaries of the two or more contiguous properties so that the stairway may be placed on a shared property line.

(d) In an ACEC the “no adverse effect” performance standard shall apply.

(2) General Conditions

(a) The stair structure shall be no more than four feet in overall width including but not limited to the supporting posts and hand rails, if any.

(b) The structure shall remain unpainted in order to preserve as far as possible the natural appearance of the bank. If non-wood materials are used they should be of a color that will blend in with the natural surroundings.

(c ) Railings or handrails shall be allowed if deemed necessary or to conform to the applicable building code.

(d) The stairway must be at least 500 feet from another stairway to which the owner has or can reasonably obtain legal access.