EMERALD ISLE, Carteret County — A months-long enforcement case involving the destruction of a protected dune at a multimillion-dollar beachfront home has come to a close. Town leaders said it has already prompted significant changes aimed at preventing similar violations.
Emerald Isle officials confirmed the property owner, Remarque Home Builders LLC, has completed the required restoration work at the home under construction at 3405 Ocean Drive. Town staff and inspectors from the North Carolina Division of Coastal Management determined the restoration satisfies permit requirements, allowing the town to move forward with issuing a certificate of compliance.
"We had a property owner who clearly violated the ordinance, did something wrong, and the town responded appropriately," Town Manager Frank Rush said.
The restored dune has been replanted primarily with American beachgrass after the builder encountered difficulties obtaining other native dune vegetation. Rush said the grass will take time to establish before the dune regains its full protective value.
"They had some difficulties securing some of the other varieties of dune plantings, but American beachgrass is a good product, and I think ultimately, when it all grows in, it should fully restore the protected value of the dune," Rush said.
The case began April 8, when the town issued a stop-work order after receiving a complaint from a concerned citizen. A notice of violation followed April 22, giving the property owner until June 22 to restore the damaged dune.
Rush said the town granted a one-week extension after the builder experienced delays obtaining the required plants. Restoration was completed by June 29, allowing officials to lift the stop-work order and close the enforcement case.
The property owner paid a $1,000 civil penalty to the town, along with more than $700 in state fines. Rush said the financial penalties represented only a portion of the overall cost.
"They had to bear the cost of rebuilding the dune, replanting the dune, but I would submit to you even beyond that, just the delay in all of this," Rush said. "They thought they were wrapping up their project back in April. It's now three months later."
The enforcement case also prompted Emerald Isle commissioners to strengthen the town's dune protection ordinance. Earlier this year, the board increased the maximum penalty for dune violations from $1,000 to $10,000 and shortened the required restoration period from 60 days to 30 days.
Town officials are also considering additional ordinance changes that would hold contractors accountable for violations alongside property owners.
"We are actually now talking about changing the ordinance and also holding the contractor responsible in addition to the property owner," Rush said.
Rush said the town also plans to hire its own building inspectors later this year rather than relying solely on Carteret County inspections. He said the additional inspectors will provide more oversight of construction projects and help identify potential dune violations sooner.
"We're going to recruit and hire our own building inspectors later this fall, and the benefit of that is that will give us extra sets of eyes out in the field that will be trained on and focused on town regulations, including primary dune violations," Rush said.
Rush described the case as a learning opportunity for town staff despite the violation.
"The silver lining for this is that it helped generate additional public awareness, and I think it was a great training and learning opportunity for all of us at the town organization," he said.
The original permit to build a swimming pool on the property was revoked during the enforcement process. Rush said the property owner must obtain a new permit before constructing a pool or making any additional site improvements.
Once the remaining building code requirements are met, Carteret County officials can issue a certificate of occupancy, allowing the approximately $6 million beachfront home to be inhabited or sold.
Rush said protecting the town's primary dunes remains critical because they serve as the first line of defense against coastal storms.
"Primary dunes are an essential part of the ecosystem and the economy, and the protective nature of the beach here in Emerald Isle," Rush said. "We certainly want to do better going forward."
STATEMENT FROM THE OWNERS:
"We are committed to protecting the coastal environment of Emerald Isle, and we are cooperating fully with CAMA and the Town of Emerald Isle to resolve this matter. As owners with a long-term investment in this community, we share the public’s appreciation for the vital role the primary dune system plays in protecting the island and its residents. After concerns were raised regarding work performed at 3405 Ocean Drive, we promptly met with the Town of Emerald Isle’s Planning Director and with representatives of the North Carolina Division of Coastal Management. A stop-work order is in place, and no further construction is being performed at the site. We are working cooperatively with the regulators to finalize a remediation plan, to restore the dune in accordance with their directives, and to satisfy any lawful fines or penalties that may be assessed. We will continue to do what the Town and CAMA ask of us until this matter is fully resolved. Dune stewardship along the coast is a shared responsibility. The questions being examined at our property, such as how construction, landscaping, and dune work interact with CAMA requirements, are not unique to 3405 Ocean Drive. We understand that similar work has been undertaken by other owners on Ocean Drive without triggering comparable regulatory action. We raise this not to deflect responsibility, but to underscore that these are questions faced by many property owners along the coast, and by the regulators charged with applying the same standards to each of them. We welcome a regulatory process that produces clear, consistent guidance and even-handed enforcement across all similarly situated properties, and we are committed to helping that process succeed here. While this regulatory process is ongoing, 3405 Ocean Drive remains private property and is closed to visitors. We respectfully ask that members of the media and the public not enter the property."
- The Owners of 3405 Ocean Drive, Emerald Isle, Remarque Home Builders LLC
STATEMENT FROM KELLER WILLIAMS REALTOR:
"Keller Williams Realty is aware of the need for dune restoration at the Ocean Drive property in Emerald Isle and has disclosed this to all prospective buyers. Plans are in place to complete the restoration in full compliance with the requirements of the Town of Emerald Isle and the State of North Carolina."
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