SOUTHEAST N.C. Oceanfront towns across the region have closed access to the beaches and ended all short-term rental with the hopes of slowing the spread of Covid-19. Because tourists, by definition, are not from the area an influx in population from other places would put locals at a higher risk of contracting the virus from someone visiting from another city.
There has been plenty of debate on the fairness of the closures with elected leaders on both sides of the argument, but questions still remain like how much authority does a town have to actually take these actions and is it the beach itself that is closed, or just access to it?
In general, the beaches of North Carolina are not owned by municipalities or private residents, instead, they are in the public trust. This means nobody really owns the beaches (they are a public trust and thus, in essence, the people own them). However, towns are typically granted some extraterritorial jurisdiction allowing them to police the sand.
This is why, for example, Freeman Park is open to the public for those who want to walk on to the property because the town does not have the right to keep people off the beach.
So how are all these beach towns closing down access to a publicly held resource?
The declaration of a state of emergency gives municipalities and counties significant power, as seen during hurricane season government can even force people to leave their homes (mandatory evacuations).
Related: Corona Break: Thousands gather on Carolina Beach as Town Council votes to close beach accesses [Free read]
But many of the towns across the region have been deliberate with their words when it comes to closing the beaches. Most of the municipalities have played it safe by closing public beach accesses and parking lots, effectively making a boat or private beach access the only way someone could get onto the sand. The question remains: can towns actually shut down the beaches for boaters and those with their own access?
The town of Carolina Beach is working on answering that question.
We have closed all public beach accesses and public parking lots. Whether we can restrict property owners who have private accesses to the beach from going on it is in question and we hope to have more clarification on it very soon, Town Manager Bruce Oakley said.
New Hanover Countys state of emergency declaration and subsequent closure of the beaches actually came after beach towns took place after the towns had already announced the closures. But even the countys declaration is worded to simply close beach access points.
New Hanover County, authorized by Board of Commissioners Chair Julia Olson-Boseman, issued a State of Emergency today, March 20, prohibiting gatherings of more than 10 people and closing public beach access points, in order to ensure social distancing and reduce risk of COVID-19 [italics added], a statement from the county last month read.
The declaration itself is a little more explicit but still leaves some ambiguity.
Access to beaches including, but not limited to, wet and dry public trust strands is prohibited with noncompliance enforceable as a trespass and as otherwise authorized by General Statute 166A. This prohibition does not include boat launches or docks, according to the order from New Hanover County (it is worth noting that the county did, in fact, close boat launches and marinas later).
More recently, the state decided to closed Masonboro Island and Bird Island to all visitors. The state entity, the Department of Environmental Quality, issued the order to close both wet and dry sand beaches, effectively shuttering the unpopulated islands.
While beaches remain in the public trust it does appear that local authorities, as well as the state, do have the ability to close them off temporarily during a state of emergency.
Visit link:
Closing the beaches: Who actually has the authority to do it? - Port City Daily
- Seabean Symposium-Live Blogging - November 8th, 2009 [November 8th, 2009]
- Alvaro Jaramillo Talks Gulls at 2010 Space Coast Birding Festival - November 8th, 2009 [November 8th, 2009]
- Fall Sunset on Anna Maria - November 8th, 2009 [November 8th, 2009]
- Fort Myers Beach Photos Revisited - November 8th, 2009 [November 8th, 2009]
- Reinier Munguia Keynote at Space Coast Birding & Wildlife Festival - November 8th, 2009 [November 8th, 2009]
- Wilderness Matters - November 8th, 2009 [November 8th, 2009]
- Raptor Project Brings Winged Predators to Space Coast Birding Festival - November 8th, 2009 [November 8th, 2009]
- Sandscupting Festival on Fort Myers Beach - November 8th, 2009 [November 8th, 2009]
- David Allen Sibley to Deliver Keynote at Space Coast Birding & Wildlife Festival 2010 - November 8th, 2009 [November 8th, 2009]
- Kevin Mims & Paddle Florida on the Suwannee River - November 8th, 2009 [November 8th, 2009]
- Zipolite Beach, Oaxaca, Mexico, Central America - November 8th, 2009 [November 8th, 2009]
- Port Charlotte Beach Park, Port Charlotte, Florida - November 8th, 2009 [November 8th, 2009]
- The Kent in South Beach, Miami – Budget Beach Hotel in Florida - November 8th, 2009 [November 8th, 2009]
- Key West, Florida Dog Beach – Where Pooches Can Play - November 8th, 2009 [November 8th, 2009]
- The Startling White Sand of Hyams Beach, New South Wales, Australia - November 8th, 2009 [November 8th, 2009]
- Palm Island Beach, Cape Haze, Florida - November 8th, 2009 [November 8th, 2009]
- A Surfer’s Paradise at Punta Morena Beach, Cozumel - November 8th, 2009 [November 8th, 2009]
- Sand the Color of Olives: Papakolea Beach, Hawaii - November 8th, 2009 [November 8th, 2009]
- Hilton Sandestin Beach Golf Resort & Spa in Destin, Florida - November 8th, 2009 [November 8th, 2009]
- Visiting Indialantic Beach? Check out the Crowne Plaza Melbourne Beach - December 13th, 2009 [December 13th, 2009]
- Say Good-bye to Manatee County Public Beach Pier - December 13th, 2009 [December 13th, 2009]
- Eco-tourism Field Trips at the Space Coast Birding & Wildlife Festival - December 13th, 2009 [December 13th, 2009]
- Birding at Sea: Pelagic Birding Aboard the Pastime Princess - December 13th, 2009 [December 13th, 2009]
- Space Coast Birding & Wildlife Festival Video Clip - December 13th, 2009 [December 13th, 2009]
- Gulfster’s Surf Trip to Puerto Rico - December 13th, 2009 [December 13th, 2009]
- Holiday Candlelight Tour of Homes, St. Petersburg, FL - December 13th, 2009 [December 13th, 2009]
- Kevin Mims: An Outdoorsman to Follow - December 13th, 2009 [December 13th, 2009]
- How Big is This Wave? - December 13th, 2009 [December 13th, 2009]
- Birders: Making a List and Checking it Forever - December 13th, 2009 [December 13th, 2009]
- Hunting Island State Park – Dog Friendly Beach in Beaufort, SC - December 13th, 2009 [December 13th, 2009]
- Beach Hotels in Ocean Park, Washington - December 13th, 2009 [December 13th, 2009]
- San Diego, CA – Ocean Beach Dog Beach - December 13th, 2009 [December 13th, 2009]
- Best Beaches for Collecting Sea Glass - December 13th, 2009 [December 13th, 2009]
- Swimwear in 2010 combines key trends - December 13th, 2009 [December 13th, 2009]
- S-Turns Beach in Rodanthe, Outer Banks of North Carolina, Wiped Out By Nor’easter - December 13th, 2009 [December 13th, 2009]
- In Awe at the Okinawa Churaumi Aquarium in Okinawa, Japan - December 13th, 2009 [December 13th, 2009]
- Summertime in the Outer Banks, North Carolina - December 13th, 2009 [December 13th, 2009]
- Panama City Beach May Not Welcome Spring Breakers in 2010 - December 13th, 2009 [December 13th, 2009]
- Bahia Honda Beach near Key West, Florida - December 13th, 2009 [December 13th, 2009]
- U.S. Supreme Court Hears Case Regarding Florida Beach Ownership - December 14th, 2009 [December 14th, 2009]
- Historic Sites of Canaveral National Seashore - December 19th, 2009 [December 19th, 2009]
- Myrtle Beach Building Boardwak Along Beachfront, Adding Amenities - December 19th, 2009 [December 19th, 2009]
- Barrier Island Center Upcoming Events 2010 – Melbourne Beach, Florida - December 19th, 2009 [December 19th, 2009]
- Florida Wildflowers & Plants – Space Coast Birding Festival Field Trip - December 20th, 2009 [December 20th, 2009]
- Jellyfish in Long Beach Aquarium - December 20th, 2009 [December 20th, 2009]
- Heron Island in Great Barrier Reef under new management - December 21st, 2009 [December 21st, 2009]
- Sunset on Longboat Key - December 23rd, 2009 [December 23rd, 2009]
- Pishing With Pete at the Space Coast Birding Festival - December 23rd, 2009 [December 23rd, 2009]
- Summer is Over, but it Lives on My Hard Drive - December 25th, 2009 [December 25th, 2009]
- 800 Pound Beachball to Drop Over Panama City Beach, Florida on New Year’s Eve - December 27th, 2009 [December 27th, 2009]
- Birding by Ear and Habitat with Paddy Cunningham-Pascatore - December 27th, 2009 [December 27th, 2009]
- Prevention of Overfishing of Coral Reefs Reduces Occurrence of Coral Diseases - December 28th, 2009 [December 28th, 2009]
- Florida Screech Owls Encouraged by Nest Boxes - December 28th, 2009 [December 28th, 2009]
- Cayo Costa Photo Memories - December 28th, 2009 [December 28th, 2009]
- Family Activities at the Space Coast Birding & Wildlife Festival - December 31st, 2009 [December 31st, 2009]
- BeachHunter’s Top 10 Beach Photos in 2009 - January 2nd, 2010 [January 2nd, 2010]
- Viera Wetlands is a Premier Birding Destination in Brevard County - January 2nd, 2010 [January 2nd, 2010]
- Here are a Few More Florida Summer Beach Memories. - January 3rd, 2010 [January 3rd, 2010]
- Lake Morat Puts the Beach in Swiss Beaches - January 6th, 2010 [January 6th, 2010]
- Smoking Banned at Beaches Around the Country - January 6th, 2010 [January 6th, 2010]
- Identifying Gulls – A Field Trip to Brevard County Landfill - January 6th, 2010 [January 6th, 2010]
- Victoria and Albert Museum in London Sponsors World Beach Project - January 7th, 2010 [January 7th, 2010]
- Does It Snow in Florida? - January 9th, 2010 [January 9th, 2010]
- Sun, sand and history found in Bodrum, Turkey - January 9th, 2010 [January 9th, 2010]
- Winter swimming rules at Den Haag’s beaches. - January 9th, 2010 [January 9th, 2010]
- Boats, Kayaks and Birds - January 10th, 2010 [January 10th, 2010]
- Snorkeling with Sea Turtles in Akumal, Mexico - January 11th, 2010 [January 11th, 2010]
- A Hidden Gem – San Agustinillo, Oaxaca, Mexico - January 12th, 2010 [January 12th, 2010]
- Penguins on the Beach at Betty’s Bay - January 12th, 2010 [January 12th, 2010]
- Robert Amoruso Photography Workshops at Space Coast Birding Festival - January 12th, 2010 [January 12th, 2010]
- Scuba Diving with Bull Sharks in Playa Del Carmen, Mexico - January 13th, 2010 [January 13th, 2010]
- California Beach Tradition Threatened - January 13th, 2010 [January 13th, 2010]
- Who’s Going to the 13th Annual Space Coast Birding & Wildlife Festival? - January 15th, 2010 [January 15th, 2010]
- Getting Away From It All in the Dry Tortugas - January 16th, 2010 [January 16th, 2010]
- History of the Bikini - January 19th, 2010 [January 19th, 2010]
- Conservation and the Economics of Birding - January 20th, 2010 [January 20th, 2010]
- Landlocked Swiss Hit the Beach at Lake Zurich - January 21st, 2010 [January 21st, 2010]
- Northern Ireland’s Blue Flag Beaches - January 22nd, 2010 [January 22nd, 2010]
- A beach of sorts in old Dun Laoghaire. - January 22nd, 2010 [January 22nd, 2010]
- Beach Sunrise Memories - January 22nd, 2010 [January 22nd, 2010]