A legal twilight zone in South Nags Head

Even though the house is east of the dune line, this septic tank recently covered with sand and the above-ground pipe leading to it are perfectly legal.

When it comes to cleaning up the beaches in South Nags Head, town officials must feel trapped in a perpetual lose-lose cycle.

Beach nourishment remains elusive relative to permitting, financing and public support. And removing houses deemed to occupy the public trust beach because of erosion requires a long legal process.

Now town officials are dealing with homes operating in a twilight zone of sorts. Walk down portions of the beach in troubled South Nags Head and you’ll come across homes east of the existing dune line — which is actually an erosion escarpment.

It would seem the houses are resting on the beach and should be removed. But that conclusion is not necessarily correct.

Most are under condemnation orders, which means roofs, missing decks, exterior stairs and HVAC systems can be fixed so they can once again be occupied. The homes can also be connected to the town water system and the electrical grid.

And in some cases, owners can repair existing septic systems, some of which after this season’s nor’easters were fully exposed and resting on rather than below the ground.
At one home east of the vegetative dune line, it was evident last month that freshly dumped or pushed sand had been placed over the septic tank. A pipe leading from the home to the septic tank was not only exposed, but hanging above ground.

While the beach in front of this home will likely rebuild and widen during the late spring and summer, it is virtually certain that a dune will never rebuild itself on the eastern side of the home. So the home and lot will continue to rest on the flat sand beach.

The septic system is perfectly legal under the state code section followed by the North Carolina Department of Environment, Health and Natural Resources. It sets down the acceptable distance from wells, water sources, streams and other waters as 100 feet.

But on the coast, if enough room on the lot exists on the west, south or north side to locate the tank and drain field at least 50 feet from the mean high water mark, the owner can obtain a permit to repair and operate a septic system. We recently checked online with the Dare County Department of Health and this home and one other had received permits.

It’s difficult to blame the home owners for making these legal repairs. Most know the days of the homes are numbered. Whether they will be used to squeeze out one final year of rental income or serve as a getaway for one more family Thanksgiving or Christmas visit, they are doing what they can to preserve the homes.

And, looking to the south of this one, many others were being repaired, employing armies of carpenters, electricians and others in an economy where “trades” work is scarce on a good day.

Although Nags Head officials have looked at the septic issue, their hands are tied, as are those of the county Health Department and DEHNR. Changes in the law will have to come from the state legislature.

One solution to the septic tank issue could be to increase the distance from the high water mark. But that could deny permits to homes west of the vegetated dune line. Another might be to disqualify systems that are now east of a vegetated dune line. But then there’s the prospect of legal battles over the definition of what constitutes a line of vegetation or a dune.

So for now, not only homes, but waste disposal systems are located on the actual beach, regardless of the legal definitions of a beach emanating from Raleigh.