§ 196A-11.1 Walkways
C. Design Standards for Walkways
(1) Setbacks. Setbacks from property lines and structures provide a way to reduce density, and the associated intensity of impacts on resource areas, and to encourage shared use structures. A walkway should be located where it will have the least impact on or can improve the condition of a resource area. A setback of one hundred, but no less than fifty, feet from the property boundaries is preferred unless the structure will be owned and used by two or more contiguous property owners. In such cases the setback requirement may apply to the outermost boundaries of the two or more contiguous properties so that the structure may be placed on a shared property line.
The structure must be at least 500 feet from another structure to which the owner has or can reasonably obtain legal access.
(2) Height & Width. The height of the structure at all points above the marsh shall be equal to or exceed the width of the deck. For the purpose of this condition, height shall be measured from the marsh substrate to the bottom of the longitudinal support beam. The height shall not go above three feet or below one foot as measured from the substrate or, in the case of a creek, mean high water. The laying of planks directly on the ground or substrate is prohibited.
The height of a structure is necessary to allow sufficient light penetration to underlying vegetation, and to prevent storm damage. The height maximum is to protect the natural appearance of the resource area. Similarly, the width limitation is intended to limit adverse impacts on vegetation.
(3) Plank Spacing. No less than three-quarter inch spacing is required between planks to allow light penetration for vegetation. Alternate decking material may be used if it provides a similar or greater degree of light penetration.
(4) Pile Size and Spacing. Piles shall not exceed 4 inches x 4 inches and should be spaced a minimum of eight feet apart to minimize the impact of installation to the underlying substrate. The use of helical or other alternate technology pilings, or seasonal stub piles, that can be demonstrated to minimize impacts on the substrate, should be encouraged.
(5) Railings. The use of railings should be avoided unless a need can be demonstrated or to conform to the applicable building code.
(6) Orientation. A north to south orientation of the structure results in maximum sunlight penetration to underlying vegetation, and is preferred wherever feasible.
(7) Seasonal installation is encouraged. Permanent 4 x 4 stub piles with removable planks or sections are preferred to prevent storm damage to the structure and potential impacts from storm debris on the adjacent marsh area. The term “seasonal” is intended to mean six months or, generally, May 1 through October 31. Permanent structures may be permitted in cases where the structure will be used consistently year-round, or in cases where more than one property owner is sharing use of the structure.
(8) Materials. Use of non-leaching materials such as plastic lumber and other such building materials that do not leach pollutants into the aquatic ecosystem are preferred over CCA-treated lumber. Use of treated materials is allowed because they minimize the incidence of rotting in structures. Creosote-treated lumber is prohibited.
(9) Installation. Installation should be accomplished with minimal disturbance to surrounding soils or vegetation, using methods in the applicable Order of Conditions, as determined on a case-by- case basis. A design and installation plan approved by a licensed engineer or surveyor is preferred.
(10) Storage. All removable portions of seasonal structures must be removed using practices that minimize impacts on the resource, and be stored outside the resource area unless otherwise specified in the applicable Order of Conditions.
(11) Lighting. No electric lighting will be permitted.
