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Exeutie mmary Public Beach Access &Recreation in * ~~~~~~~~~~~~~~South Carolna I~~~~~~~~~~~~~~~~~~ 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -. V. artzog,~~~~ ~ ~ ~ Le R - icad GBcCsa.Zn II~~~~~~~~~~~j~~m 4 I io - ~~'artzog, Lader & Richards / /S7.' EXECUTIVE SUMMARY of Outdoor Recreation of the U.S. -- ~Department of the Interior. ' ZrHARTZOG, LADER & RICHARDS 1 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA IS , Introduction the State's greatest natural resources,I represent many things: *Sunbathing, swimming, fishing, boating, surfing, picnicking, bi- cycling, volleyball and touch-I football, shell-collecting, jogging, sitting, thinking, and dreaming *Vacation, a week or day away fromI home and work frustrations -- after maneuvering through traffic jams and finding a place to park the3I *Home for those who have long yearned to live by the sea and for manyI whose livelihood depends on beach recreation -- so long as land values and taxes do not become so highI that older neighborhoods are overrun by more expensive commercial and *The marriage of land and ocean, residential development whose'natural majesty and productivityI *Posh resorts and private communities aepr ftentoa eiae with quiet and isolation -- beyond. Amidst these conflicting demands, most the financial reach of most citizens South Carolinians agree that there and rapidly ensnaring prime coastal is a need for State and local governments tracts to ensure the adequacy of public beach access and recreation for present and *Potential sites for power plants future generations. and industrial factories, offshore .oil production, onshore refineries,I and moorings for super-tankers PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 2HARTZOG. LADER & RICHARDS At first glance, the United States there is no such thing as a private seems to offer ample beach for everyone's beach, a Connecticut activist each recreation: 210 million Americans share summer leads busloads of black and 84,240 miles of shore. But more than Puerto Rican children in scaling walls, half of this coast is -in Alaska, and landing in small craft, and parachuting of the remainder, there are only 12,150 from the sky to swim at exclusive 3 ~~miles of beaches. beaches. Just 6.5 percent of the total national South Carolina's coastal zone problems shore is in the public domain, much are aggravated by the State's great of it reserved for military use. Only tourism and recreation potential. four percent of the coastline is suitable and available for public recreation. How can the State best respond to One-third of this amount is National the projected demand for coastal beaches Park Service or National' Seashore frontage. and water-based recreation within specific It is no wonder that Jones Beach hosts environmental, market, and legal parameters? six million persons per mile each summer! That is the question upon which this I ~~~~~~~~~~~~~~study of Public Beach Access and Recrea- Throughout the nation, consequently, tion in So~uth C~ar~olina is premised. coastal recreation has become a major I ~~issue. How does government ensure public access, both physical and visual, to the ocean's edge and, at the same time, allow private landowners' enjoyment of their historical and legal property rights? I ~~No Federal law gives the public any right-of-way over private lands to reach the beach. California has I ~~placed management of its 1,072-mile seacoast in the hands of a state agency to ensure its use for the public's .%": . benefit. The Oregon Supreme Court opened roads and paths leading to the HARTZOG, LADER & RICHARDS 3 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Public Beach Access hostility between beach community residents And Recreation Plan ~~and their neighbors on holiday, and And Recreation Plan ~~the exclusivity of prime beach areasI all point to one conclusion: State and local governments must act! [ ~Beach recreation is a major use of South Carolina's coast. It is a State or local government acquisition source of immense economic and intangible of shoreline is the simplest solution, beneits o Stte ad loal gvernentsbut the sites and quantities necessary as well as private citizens. It istomeprjcdrceainead one of the State's chief distinguishing are prohibitively expensive. In this characteristics. time of economic austerity and dobspnig about government programs andspnig South Carolina provides its resi- new alternatives must be sought. dents and visitors disproportionately Iosolution to the problems of great opportunities for beach access inubcbehacssndrrato -comparison with other Atlantic states. areblikelyach acemsanat fromreashntion.I Admittedly, economic motives underlie N ore woldkeerly temanates beo deshington this fact: the State's businesses earn byNost South Cadroliniandts. Thei dsituaio a significant share of the lucrative t ody most nouth saolinianse their soluation s I seashore recreation/vacation market, toare ismnotsosibe.eeta ouin Whatever its reasons, however, the Statearimosbe is a pacesetter in public access to beaches. To t e c nrrIh tt a ample resources to remedy its coastal But eisue trnds nd dmandpro-recreation ills. This report's findings But eisue trnds nd dmandpro-and policies, site planning recommendations,I jections should alert South Carolinians and proposed implementation mechanisms that today's concerns about public comprise a rudimentary beach access access may rapidly develop into crisis plan-that is practical and effective. proportions.]rThe paucity of accessways and beach par s, the inadequacy of atinoimetvesth existing parking and public facilities, public awareness, on the part of both traffic congestion and litter, the public officials and citizens, of theI J\ strains on beaches near urban centers, need to act swiftly. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 4HARTZOG. LADER & RICHARDS I ~Premises Throughout this study, considerable I ~~differences of opinion were expressed by South Carolinians about methods of increasing public access to the beaches. Yet there I ~~emerged a consensus regarding certain premises upon which this coastal plan has been developed. HARTZOG, LADER & RICHARDS PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA~~~~~~~~~~~~~~~~'U, The National Interest South Carolina's beaches are a resource The national interest .in the of national significance. In 1974, more conservation of critical environmental than 10 million visitors sought refuge from areas and the expansion of public beachI their daily pressures on the State's coast. access are the major points pertaining Industrial, defense, and commercial facilities, to recreation. Recognition of these serving the entire country, make important interests by State and local governments3 claims to the coastal zone. The shoreline is of paramount importance to the entire is home for an abundance of wildlife and E last Coast of the United States and is Vegetation that have disappeared from other in their own economic self-interest. prsof the nation. Public agencies -- Federal, State, and local -- and private enterprise must The United States Congress, in the cooperatively establish the priority Coastal Zone Management Act of 1972, declared of public recreation on the coast insofarI the national policy "to preserve, protect, as it does not jeopardize irreplaceable develop, and where possible, to restore natural resources.- or enhance, the resources of the nation' s coastal zone for this and succeeding generations." Under this Act, South Carolina has received financial assistance for planning, and this study has been sponsored, in part, as anI element of the State's coastal zone management program. The Act's policy, therefore, has been a foundation of this beach recreationI plan. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA ' 6 HARTZOG.-LADER & RICHARDS I ~State and Local Prerogatives Since Vany local communities serve as I ~~~~~~~~~~~~~~State playgrounds during beach-going months, the State must relieve them of excessive fiscal burdens. Both State and local U ~~~~~~~~~~~~~~governments must conceive new funding Notwithstanding the national interest, mechanisms to provide for the costs of South Carolina's State and local govern- beach acquisition, maintenance,, and safety. I ~ments have long-established and well- County governments should provide financial founded prerogatives regarding the coastal and peak-season man-power assistance to zone. Modest public expenditures can beach communities. A major share of these augment the recreational character of costs should be allocated to citizens U ~beaches. Public planning, if responsive saeieadaotzds htftr to market preferences, can both affect generations share the costs of benefits and satisfy demand. they receive. Land-use decisions can best be made State government, with the counsel of by those who know the land and the regional planning agencies, can lend an *community best: local government, overview to the coastal planning process. vested with an array of regulatory devices New coastal parks and a system of beach under the police power, can employ these accessways can only be achieved by a State to expand public beach recreation oppor- commitment to expanded public access. tunities while protecting residents' rights. The variety of local responses can demon- Together, State and local policies strate the different values and conditions can greatly influence the direction of 3~o osa cmuiis and innovations in the leisure industry. Citizens' day and weekend use cannot be subordinated to tourism, and its economic benefits should be directed, in part, to general expansion and maintenance of recreation centers. HARTZOG, LADER & RICHARDS 7PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Environ mental PoliciesI The coastal ecosystem is an Beach con servation in South Carolina can integatednetwrk o air watr, sil,,be accomplished only after these carrying lintgratedenetwtork ofis air, wildlife.l, capacities have been determined, areas ofI People are a part, too., For untold critical environmental concern have reasons, they thrive near the sea, but been identified, and policymakers rest their development activities often have their land-use decisions on soundI uindesirable consequences. Preservation environmental analysis.. of some coastal areas is warranted by. the need for scientific investigationI and natural fish and wildlife habitats.PrvtPoelyRhs Conservation of the entire coast's natural features is required by their The ownership and use of private -irreplaceable character. property are fundamental concepts of bothI the Common Law and Federal Constitution. Both human development and Coastal recreation in South Carolina conservation, nevertheless, can oc- has been primarily the product of privateI casionally be subordinated to human initiative. It would be foolhardy for recreational needs. Neither pro- public beach access measures to dero- fligate, destructive use nor the ab- gate these rights or frustrate this in-I solute prohibition of public access itiative. are alternatives. The land's and water's natural characteristics are Just compensation, under the the best parameters for balancing these Fifth Amendment mandate, must be paid I interests when they conflict. for all coastal properties taken by Beaceadterttleoytm State or local governments for conser- havaesmie candryieircaptcitiessyntehe vation or recreation use. AlternativesI haenviromented asawella rcrapctiesonalh to acquisition -- lesser interests than sense. Th os' oniu avssfee simple and regulation, for example - The coast's bountiful harvests ~~~~~~~~~~~~~may be employed for financial reasons, and abundant recreational opportunities but these must also meet the Constitu- should not be lost to future gener-tinl"angte. ations by straining these capacities.toal"kigte. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 8HARTZOG, LADER & RICHARDS But private property rights are not Private Enterprise absolute. In past decades, courts have upheld many restrictions on real property. Many facilities for beach recreation, There is much reason for local communities especially vacation use, can most efficiently to exercise their police power in innovative be developed and maintained by private enterprise. ways. Government -- through taxes, permits, incentives, and regulations -- can order the business - ~~It is not property owners' rights, environment of the tourism and recreation * ~but their expectations which most frequently industry so that its pursuit of profits - ~are affected by land use regulations. There prompts what public priorities demand. is no right to guaranteed appreciation in land values. But neither can Government A healthy and prosperous private sector I ~responsibly diminish values where significant is essential to South Carolina's economic investments,,corporate or personal, have and recreational climates. Public/private been made in reliance on existing regulations. cooperation can achieve objectives unattainable t-o either sector. Although compromise on some issues, particularly those of environmental quality and social justice, are impossible, government, must, seek to~foster and assist private initiative. Similarly, the State's business community progressively views government as an arbiter and guardian of individual rights, personal and commercial. The provision of public beach access can be consistent with and complement commercial beach uses. What is -most urgently needed are new mechanisms by which businessmen can profit -- and State I ~~~~~~~~~~~~~and local governments can participate in these profits -- by beach day-use and vacation by lower- and middle-income residents and I ~~~~~~~~~~~~~~visitors. HARTZOG. LADER & RICHARDS9 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA I1 I I I I I I I~~~~~~r~~~~~~a ~~ I I I _ ~~~~~I I PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 1 0 HARTZOG. LADER & RICHARDS Policies Economic Development Findings. South Carolina's second largest industry, tourism, is based, to I ~~~~~~~~~~~~~a great extent, on the Coast's attractions. Beach recreation generates millions of dollars and creates thousands of jobs. I ~~The Public Beach Access and Beach erosion and maintenance, air Recreation Plan merely summarizes and water pollution, and other evidence and reflects the extensive market, of inadequate beach management are costly I environmental, and legal analysis to taxpayers and imperil maximum economic found in the study's Technical Re- development. Expansion and enhancement port. The Plan, based on these of beach access is critical to realization 3 findings and the articulated pre- of the State's leisure industry potential. mises, consists of general policies, site planning recommendations, and Policy. Short-term economic benefits, propsedimplementation mechanisms. resulting from piecemeal degradation of The policies purport to establish beach areas, must be subordinated to the a framework for States and local long-term values of coastal conservation. government decisionmaking regarding Well-planned, concentrated development - public beach access and recreation. commercial, residential, and industrial - can be economical to the public. Further residential and commercial I ~~~~~~~~~~~~development will and should occur. But their planning should be provided by and conditioned on public beach recreation objectives. I ~~~~~~~~~~~~~By capitalizing upon the economic benefits of tourism and recreation, the State can underwrite environmental measures that protect 3 ~~~~~~~~~~~~~and enhance both natural and economic resources. HARTZOG. LADER & RICHARDS 11 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Natural Conservation Areas Coastal Zone Ma nagemen t Findings. Important natural conservation areas are located on or near South Carolina's Findings. Under the Federal beaches. Dunes, wetlands, and tidepools, Coastal Zone 'Management Act, coastal among other places, are ecosystems in themselves. states are undertaking diverse ex-I They are valued for recreation, food production, periments in regional planning. scientific study, and education. In response to popular initiative, Although burgeoning coastal development ~~~~~~~~California has one of the nation's Althugh urgeningcoasal dvelomentmost comprehensive planning and threatens these areas, South Carolina has regulatory frameworks. Other states set aside many as wildlife refuges and parks, have preferred narrow scientific managed by Federal and State agencies. investigations of shoreline problems.I In some regions, such as Charleston County, Although recreation is mentioned in recreational lands are dwarfed by conservation all of these programs, it is receiv- areas. ing greatly different emphasis among Policy. Environmentally significantthsae. natural areas and rare wildlife species Policy. South Carolina's should be preserved. Even when development coastal zone management program isI is permitted, damage to natural beach features not to be one primarily of land-use must be minimized. control. Its orientation will be toward environmental concerns andI Environmental protection measures, the control of broad growth patterns, nevertheless, must be founded on scientific rather than comprehensive site- analysis and not merely on rhetoric. Oftentimes,. specific planning. Public beach recreational use is compatible with nature access, nevertheless, shall be a conservation. Wherever limited recreation major focus of the program. Fur- would not endanger a specific beach tract, ther study and implementation of including current wildlife refuges and nature the State's beach recreation demandI preserves, such use should be permitted. and carrying-capacity should be Without compromise on critical environmental based upon this Plan and be an issues, land-use decision-making must include integral part of the coastal plan.I reference to pressing demands for beach recreation. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 12-HARTZOG. LADER & RICHARDS Air and Water Qual ity ?~Iajor projects -- such as airports, highways, refineries, power plants, and I ~~~~~~~~~~~~~~manufacturing plants -- should not only Find~a!~. lean ir an wate arecomply with all applicable Federal, State, Fvndigsableaecnoi areors and warer esetare and local environmental protection measures, taubeeonoi residrens' and viitrs'essential t but also be required to be sited, designed, and aesthetic enjoyment. The-State's beaches constructed, and operated according to tech- presently sufrfo itearadwater nological procedures which minimize pollution. E pollution. But proposed developments and Such facilities and new residential pressures for increased industrial use of developments should be required to contribute the coastal zone may introduce pollutants. to public transit systems and/or to provide Meteoologcal ad litoralphenmenaample parking spaces for beach users. Open along the coast would exacerbate any such space and architectural circulation systems * damage to coastal air and water. Intensive should be encouraged. 3transportation corridors leading to the beaches and automobile parking centers may BahApaac introduce additional pollution. High-rise BahApaac buildings and concentrated development also increase pollution by-changing natural wind patterns. I ~~Policy. All potential pollution-generating ' Findings. Residents and.,visitors alike developments -- residential, commercial, cherish South Carolina's beaches for their and industrial -- should be planned, designed, scenic beauty. At some points, public and and operated to maintain and improve the commercial beach access and recreation have coast's air and water quality. Particular b een provided with respect for the coast's concern should be placed on existing and aesthetic quality. In other places, however, proposed facilities which impact recreation new developments have injured the coast's areas. visual resources. HARTZOG..LADER &RICHARDS 1 3 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Amongst the eyesores are litter; billboards; cutting and grading of natural landforms; With State assistance, local inappropriate scale, height, materials, governments should reduce litter along and colors of buildings; overhead lines the beaches and provide for better and towers; and man-made structures blocking beach maintenance. State legislation natural views. to this end should be enacted. There is great variety in the characters Ndelopment or traffic that of coastal communities, and South Carolinians would conflict with the visual form differ greatly in their social values and of dune ridgelines or destroy their concepts of beauty. But under the police vegetation should be permitted. The power, local beach communities can apply natural silhouette of dunes should be general design guidelines to restore or preserved.I preserve their appearances. Local governments should restrict Policy. Visual access to beaches and or ban oceanfront construction that -the ocean should be considered an essential would hamper another oceanfront building's part of the State's tourism and recreational visual access of the beach unless no appeal. Local governments should ensure alternative is economically or phy- that new developments do not degrade the sically feasible..I scenic quality of their beaches. Commercial facilities near the Design standards and permit procedures beach .-- including, but not limitedI should be a part of every beach community's to hotels, motels, and restaurants - and county's general plan. Sign ordinances should be required to utilize natural should designate scenic accessways and generally landscaping to reduce their visual reduce the visual impact of highway and impact on the natural environment.I street advertising. County and city plans Residen-tial developments should be en- should maximize open spaces, protect view couraged to protect existing vegatation3 corridors and natural landforms, and minimize and complement it with landscaping the effect of visually intrusive structures. that minimizes the appearance of in- When existing mechanisms are ineffective, tense development. design review processes should be established by local governments. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 14 HARTZOG. LADER &RICHARDS Signs Community Planning I~ ~ ~~ Findings. Throughout the State, signs and billboards block coastal views, Findings. As a result of clutter the appearance of beach com- Federal and State incentives and ur- munities, and detract from the coast's ban growth, regional planning agencies natural beauty. Some local governments and municipalities throughout the have not adopted sign ordinances; and coast are developing or revising com- where they have, design criteria and prehensive community plans. In few enforcement are inadequate. of these is public beach access Policy. Local governments emphasized. should consider adoption of ordinances Policy. Public planning agen- containing at least the following pro- cies are capable of directing urban visions: New off-premise commercial growth and promoting public objectives. signs should be prohibited, and existing Public beach access and recreation ones should be removed after a reason- should be among their chief socio- able amortization period. On-premise economic concerns. The specific re- commercial signs should be permitted commendations of this Plan should be for identification and promotional pur- incorporated into existing and future poses, but only if they are designed as comprehensive local plans. Incon- an integral part of the structure. sistencies should be reconciled after Public information and directional signs maximum public discussion and input. should harmonize with surroundings. HARTZOG. LADER &RICHARDS 1 5 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Distinctive Beach Communities Transportation Planning Findings. Beach recreation --dayI use and vacation -- derives special advantages from the particular architectural, historical, and scenic qualities of individual communities. Findings. New roads, although necessary Their distinctiveness results in loyal leisure to increase beach access, may effectively markets.* impede access in two ways: by decreasing the amount of potential recreational land But in many places high-rise condominiums, available while increasing recreational shopping centers, hotels and motels have demand in the area; and by increasing traffic replaced architecturally interesting or loads on local beach community roads and distinctive neighborhoods. Lower-income compounding their parking problems. NewI residents have been priced out of increasingly highways, however, may effectively disperse affluent communities. Traffic congestion beach use demand and may relieve the Ocean fro'm summer day users has diminished the Highway of traffic.I recreational experience for many visitors and plagued residents. Policy. State and local officials should be mindful of the effects of transporta- Policy. Beach communities and neighbor- tion planning on beach access and recreation. hoods should be protected from intense urbani- Recreation demand should not be exacerbated zation, and their unique characteristics by road siting, but neither should repairs preserved and enhanced. Community advisory be neglected to discourage access. Thei committees should assist local governments need for additional recreation space near in determining how new development can be beaches should be reflected in remote parking compatible with earmarks of their respective - areas, easily accessible from major arteries beach communities. Inappropriate development and connected by mass transit to beach areas. should be prohibited, and incentives should encourage restoration of existing structures. Care should be taken to maintain opportunitiesI for residence and retirement by persons of all income levels. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 16 HARTZOG. LADER & RICHARDS Parking Findings. Beach-use surveys demonstrate Policy. State and local governments the! critical need for additional parking must establish the provision of additional I ~~at every public beach area along the coast. parking space as a chief priority of their Even conservative projections indicate tremen- recreation planning. Remote sites, connected dous increases in demand during the next to the beach by mini-buses or other public U ~~fifteen years, resulting in a magnification transportation, should be developed wherever of the present parking problems. A maj~or possible. Off-island parking should he limitation on public access is likely to provided for coastal state parks. Authorized 3 ~~be the shortage of automobile parking space. weekend and holiday use of private, commercial parking spaces should be sought. ~~~~~~~~~NI HATZGLAER& I C A R S pBLC F-CHACES &RCRATONINSOTHCAOLN Surfing Law Enforcement Findings. Surfing is an increasingly Findings. Law enforcement and the popular type of coastal recreation. maintenance of order at recreation centers Several South Carolina beaches enjoy surf generally require police officers with special conditions which attract enthusiasts from , training and temperaments. Particularly ,all parts of the State and its neighbors. at beaches, police patrol is necessary for But careless surfers and loose boards reasons of public safety, traffic control,I pose genuine safety threats to swimmers. and citizen assistance. Those beaches which are not located within municipal police Policy. Surfing should be recog- jurisdictions, however, generally lack police nized by coastal communities as a legi- attention.I timate beach sport. Restrictions may be appropriate if their objective is swimmer Policy. Law enforcement at public safety and not the frustration of surfers. beach recreation areas must be providedI Their access should not be confined to jointly by municipal, 'county, and State limited beach areas or hours if such patrolmen. County sheriffs' departments regulations substantially diminish surfing should bear primary responsibility for attend-I opportunities. ingr to beach areas outside municipalities' corporate limits. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 18HARTZOG. LADER & RICHARDS - ~Asistnet omnte Erosion Prevention/Abatement Findings. Coastal communities, constrained Findings. -':~either publicly nor Privately I ~by relatively small tax bases, must service owned beach areas are immune from erosion. large numbers of seasonal residents and Federal and State programs attempt to prevent visitors. Their operating budgets are dependent or abate this loss of beach because it di- upon inancal asistane fro the tate inishes both economic values and recreational ~uo inaca sitnefo h tt and Federal governments. Yet State priorities opportunities. for local grant applications -- such aspoiyNoubc ndorastne those for highway safety, law enforcement, f o Peosinconro shopublid fund mad avaistable I ~and road improvements -- are frequently freoincnrlsol emd vial determined by year-round, permanent population to beaches which have no public access. * ~figures. zrosion prevention/abatement priorities should be generally consistent with the im- Policy. Grants to local governments portance of each site to the State Beach from State and Federal agencies should be Access and Recreation Plan. allocated not on permanent, but on peak I ~season population. Consideration should be given to the extreme burdens imposed on beach communities by citizens throughout the St~ate and tourists from elsewhere. HARTZOG, LADER & RICHARDS 1 9 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Site Planning Recommendations To raise these policies from the the product of market, environmental,I level of abstraction, specific site and legal analysis. Their objective is planning recommendations are necessary. the practical maximization of South They were formed within the context of Carolina's public beach recreation this study's express premises and are opportunities. PUBL~~~~~~~~~~~~~~~~~~ICBAHACS RERAINISOTCAOIA2HATO.LDR&RCRS Do Not Scan Reorep-Insert Do Not Scan Document Here Document ID: m Page #: u j26 r pci Reprep-Insert Do Not Scan Document Here Document ID: A/h AJ Page #: f A IDo Not Scan Reprep-Insert Do Not Scan Document Here Document ID: z'~~~ Page #: ala d I Waccamnaw Region ( Waties Island ~~~~~~ both recreational and educational interests. Its proximity to North Carolina promises extensive use from Waties Island --teeming with fish both Carolinas. and wildlife, its ocean~beach beautiful - is the only unspoiled sea island on the All or most of the Island, the State's northern coast. It should be causeway, and property on the western acquired for use as a state park. side of the mainland at Little River Reck should be acquired. For enhancement Although its use should not he of both the visitor's natural experience * intensive, the Island can support and the market value of land retained by recreation. To allow it to fall victim the present owners, a buffer zone should to development pressures would be to be maintained. At a minimum, parking I lose the Waccamaw Region's last oppor- areas for 150 cars and 150 campsites - tunity to punctuate Grand Strand with parking spaces should be -located commercialism with a natural setting. on the mainland. Motor access to the * To designate it as a wilderness area Island should be limited to maintenance * would be an environmentally unnecessary and emergency vehicles. loss of potential beach recreation. An innovatve use forthe IslandCurrent negotiations between the Anldb tnovativelpa uenvionmetaeIlan State Department of Parks, Recreation interpretation/recreation center. adTuimadteonr hudb Islan trais, ovrloos, an dispaysencouraged and expedited. Sale, preferably, coulad traisovroksi an divigplaysorlng-tr leaseu term prouldbe signifcatutaxedvatgst with mainland cabins and campgrounds, toprovd signifcater lease adataers toul esrcue couldmake t a iving plaing mseumthe owners. Federal funds would be * of catlecology. It could be a available for acquisition; development lama' nature study center amidst admitnneassac hudb swimming, fishing, and picnicking sough frmNotCarointea.ncelasistnquishingb facilities. Conservation easements would t hspoperty foro gneral Carolica reeationqihn ensure that its recreational use would would proert ao gnoewrthy public-mindedeatio not precipitate development or intensive wonl the par noftheoworhcvcmnders.c uses. As a hybrid between a refuge and o h ato h wes I recreation center, it would appeal to HARTZOG, LADER & RICHARDS 21 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA The Grand Strand There is ample public access to The Grand Strand is a prime example Grand Strand beaches, but these are al- of how private enterprise, and public most entirely commercial in nature. By coffers in turn, benefit from use of enforcing design and construction beaches as a public resource. Continued regulations, local governments should intensive commercial use will be of .maintain this zone as one of North great economic benefit to the entire America's favorite beach playgrounds. State. Part of the revenues earned by private establishments here and through- The Grand Strand should be recog- out the coast should be tapped, or an nized as providing only moderate, at add-on tourism tax imposed, to sustain best, day-use recreation. It can day-use beach parks. absorb even more intensive commercial -vacation use so long as facilities To support the beach maintenanceI are not dominated by day users. Demand and safety precautions occasioned by for beach recreation he-re will- largely such intense, commercial use, the be determined and allocated by pri- existing concession program should beI vate promotion, accommodations, and continued. This self-sustaining entertainment, their quality and quantity. program, obliging private concessions to bear beach maintenance responsi- In North Myrtle Beach and Atlantic bilities, should be a model for other Beach, remote parking areas should be commercial beach areas. built and connected by mini-bus, with County assistance, to dedicated pedes-I trian beach accessways. Provision of such parking should relieve Myrtle Beach of some non-commercial day-use conges- tion.I PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 22HATO.AER&RCRS I ~Myrtle Beach State Park A major reason for the need to I ~develop additional state parks in the Waccamaw Region is that the intense pressures on Myrtle Beach State Park's Surfside Beach recreational carrying capacity cannot otherwise be abated. This park, never- To relieve local visitation congestion theless, will continue to absorb major in Myrtle Beach and Surfside Beach, the day-use beach demand because of its full latter's municipal government should complement of recreation facilities, dedicate at least twenty beach access good swimming, and surfing. easements under its police power. Remote parking and mini-bus transpor- Intensive day use of this park tation should be provided with County, should be continued, vacation use State, and Federal assistance. should be-held at a moderate level so that middle and lower income vacationers can have easy access to Myrtle Beach's commercial recreation facilities. Development of Waties Island and Waccamaw Neck as parks would draw away some North Carolina visitors, but those who are attracted by Myrtle Beach's Garden City Beach recreation facilities will likely continue to vacation here. Provision under Georgetown County jurisdiction, I of parking at North Myrtle Beach would Garden City Beach should serve the mitigate day-use demand here to help recreation needs of local residents. allow for vacation use.. Beach access for those whose property does not front the ocean should be Higher user fees should be insti- provided through regulation or acquisi- tuted here rather than at the new parks tion accessways through less-than-fee in an attempt to re-distribute existing interests. demand. User-fee levels must be deter- I mined as a means of offsetting all the regional parks' development and main- tenance costs. HARTZOG. LADER & RICHARDS 23 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Huntington Beach State Park Litchfield Beach Like Myrtle Beach State Park, North Litchfield Beach is a recognizedI Huntington Beach State Park's recreational private community, its beach access carrying-capacity will continue to be limited to residents. Before the undeveloped strained even if additional coastal parcel to the south is developed, however,I parks and accessways are developed. the County should endeavor to purchase, under the Beaufort County subdivision Lower user fees than at Myrtle regulations plan, several accessways.I Beach State Park should be instituted Moderate day use would thereby be permitted. here to induce dispersal of beach-goers until new recreation patterns are established. The Litchfield Beach area is a Such fees, nevertheless, should under- popular residential/comunercial summer write development and maintenance destination. There are insufficient costs generally, and not on a pro-rata, parking spaces and inadequate natural individual park basis. activity buffers to 'warrant introductionI of day recreation to present land uses. This State park can and must Its vacation use will be exclusively absorb intensive day use from the entire commercial, and day use will be limitedI region. its facilities and distance to residents and guests. from Myrtle Beach suggest that its vacation use will be limited. PUBLIC BEACH ACCESS.& RECREATION IN SOUTH CAROLINA 24HATO.LDR&ICRS U ~Pawleys Island Waccamnaw Neck I ~~Similarly, Pawleys Island should The land adjacent to Waccamaw continue to serve as a residential/ River, commonly known as Waccamaw commercial community. Several beach Neck, should be acquired by the State accessways should be legally estab- or Georgetown County. it is potentially lished for residents of interior homes, an important regional park with fishing, but more-generalized recreational use picnicking, and boat-launching facilities. I would be inconsistent with the Island's present uses. Beach access could he provided by ferry to North Island. Day parking should be available at the mainland for 250 I ~~~~~~~~~~~~~automobiles. One hundred fifty campsites, with parking and attendant facilities, I Debidue Beach ~~~~~~~should also be developed there. The establishment of such a park The private community at Debidue would-significantly relieve recreation Beach presently has the most exclusive pressures on Huntington Beach State Park, private access of all the State's beaches. especially, and Myrtle Beach State Park.' A cooperative public/private arrangement The foundation which presently owns this similar to that between Charleston county tract has been very cooperative with the and the developers of Kiawah Island should State in the past, and negotiations for be sought. this tract should be vigorously pursued. One access point at the edge of the property, with a 50-car parking area, would make the beach far more accessible to Georgetown residents. Such dedication I would only moderately increase overall public access, but merits negotiation. HARTZOG, LADER & RICHARDS 25 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA North and South Islands3 Although ferry access to North island is recommended, its ecosystem is tooI fragile to support intense recreational use. It is currently a privately-owned wildlife preserve and perpetuation ofI that use should be guaranteed by public acquisition of all or part of the Island through the Heritage Trust Program. Moderate day-use beach access should be permitted on the southern one mile of North Island or the northernI mile of South *Island. Cat Island Since it is primarily a waterfowl area, has little beach, and lacks road3 remote, primitive camping area. To cross the Intercoastal Waterway -- a recurring problem in the formulation of this beach access plan -- a 65-footI bridge would be required. That great an expense can be marginally justified only by moderately intense recreation, whichI Cat Island cannot support. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 26HATOAER&RCRS U Berkeley-Charleston-Dorchester Region Cedar Island and Murphy Island Francis Marion National Forest I ~~Cedar and Murphy islands, as part Although Francis Marion National of the Santee Coastal Reserve, have Forest has no ocean frontage, it can been appropriated to conservation purposes. facilitate low-cost beach access for I But some limited areas on both islands vacationers by serving as a dormitory could sustain primitive camping, particu- for beach day-use. I larly along the Intracoastal Waterway. These should be developed in conjunction Isl natatoteFrs wihteRsresineprogre am.r has ample space for, at least, an additional program. ~~~~~~~~50 to 100 campsites. Tourism promotional The sallowand teacheous wtersmaterials could alert vacationers to of the Souhalo Sandtreeacherouskewater the twofold benefits, relative ease, aces the Sourphy slande difivecmkebot. and budgetary advantages of combining acceshoMurpyIlad beilftfs icldenssae. a national forest camping trip with I It houldbe let as wildrnessarea.afternoon drives to the beach. Some additional recreational use, I however, could be made of Cedar Island. A pier, wildlife observation blinds, and canoe trails would greatly enhanceBulaynBiIIsnd Hits recreation appeal. B l a n tl sad For reasons similar to those applicable Two state ferries should leave to Murphy Island, Bull Bay Island should E from Moore's Landing: one could stop be left primarily to conservation use. at Hampton Plantation, beach access A beach access point for limited day points on Bull Bay, Murphy, and Cedar use should be designated and linked Islands. The other would go to beach by ferry to Moore's Landing and Cedar I access points on Bull and Capers Islands. Island. I HARTZOG. LADER & RI1CHARIDS 27 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Bull island could sustain natureCaesIlnadDwe sad photography, bird watching, and similar Cpr sadn eesIln recreational activities and therebyI permit limited access to the Cape Romain National Wildlife Refuge. Limited beach Already State-owned, Capers Island day-use would be consistent with the should be developed as a major recreation area's conservation objectives. area to attract Charleston area beachgoersI for intensive day use. By including Capers island as a stop on a state ferry from Moore's Landing Principal access would be via State-I to Bull Island, both increased ferry owned toll ferry service from the Isle traffic and dispersion of Charleston of Palms marina, to which would be added metropolitan day-use beach demand can additional paved parking spaces at State be accomplished. Since there is inadequate and Charleston County expense. Secondary recreation and support facilities on access would be via the Moore's Landing Bull Island to entertain most people ferry. Perry service and the provision -for an entire day, the existing ferry of parking constitute minor costs relativeI service is under-utilized. By linking to beach site acquisition. Bull to Capers and developing Capers Island, more frequent ferry service State-licensed concessions shouldI would be justified and limited beach be developed at distinct activity centers recreation on Bull Island would become throughout Capers Island. Bicycles, electric more popular. vehicles, beach equipment, food, and beverages should be available. Fifty primitiveI Additional paved parking at Moore's campsites and no fewer than four comfort Landing would increase the appeal of stations should be built. this ferry access and draw'some potential Isle of Palms marina-users. State and The State's profit percentage from County authorities must cooperate to concessions and user fees should offset, make Moore's Landing an attractive alter- at least in part, beach maintenance.I native to the Isle of Palms marina lest Provision should be made for the elderly this beach access plan result in increased and handicapped as well as back-island burdens on that community. campers.3 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 28 HARTZOG. LADER & RICHARDS The sale of development rights by Intensive public recreational de- Dewees Island's owners has resulted in velopment of Capers Island would alleviate significant diminution of its market value. this pressure. Provision of parking Although it should consequently be available at and expansion of the Isle of Palms for public acquisition on reasonable terms, marina would mitigate Capers access Dewees is not essential to this beach Pressures on Isle of Palms. Although I ~~access plan if Capers is developed as secondary ferry service to Capers Island recommended. from Moore's Landing would divert some Charleston residents to that route, Charleston County might acquire Dewees the Isle of Palms marina would still and maintain its natural state. Primitive be the principal means of access. camping should then be provided. Isle of Palms South Carolina's most crucial beach access problem is the provision of day- use recreation areas in the Charleston metropolitan region. Isle of Palms presently bears a major portion of this burden, and its problems will inevitably I ~~be exacerbated by beach recreation trends and projections. * ~~~Only dispersion of Charleston residents to other beach access points recommended in this plan and development of new commercial beach vacation facilities I ~~can avoid severe problems for the Isle of Palms and neighboring beach communities. HARTZOG, LADER & RICHARDS 29 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA The classic solution to much of Although most of the Island's oceanfront1 the Charleston day-use demand problem property is developed, there are many is public acquisition of the undeveloped potential public accessways which can northern end of Isle of Palms for park be acquired by local government purchaseI purposes. This alternative, however, or regulation. Moderate day use would would likely be too costly to be realis- ~ thereby be encouraged. tic and would distress many Isle ofI Palms residents who do not welcome massive The most evident need is for parking, infusion of day-users along the beaches and County assistance should be made available of their residential community. to purchase and pave a site for beach- The County, nevertheless, should ueprig acquire accessways in this undeveloped Both Sullivans Island and Isle of northern part of the island before it Palms should explore mechanisms which is subdivided. Lest additional public could make day-use of their beaches more access to Isle of Palms' beaches result economically advantageous to the local in greater traffic congestion through community and private enterprise. TheI -the heart of the city, this area should Myrtle Beach concession/maintenance system not be developed into a major public could be applied on a smaller scale. recreation center without causeway access. State assistance for beach maintenance, Since a bridge spanning the marsh and in addition or in the alternative, isI waterway would be prohibitively expensive, also necessary. moderate public beach use and government incentives for development of a middle-MorssanU .class, low-cost private beach club areMorsIln recommended. Although the tip of Morris IslandI Sullivans Island ~~~~could serve as a public beach area, access Sullivans Island ~~~would be extremely difficult. The Charleston Harbor is too dangerous for small craft, Sullivans Island shares the Isle and the run from Folly Island requires of Palms' problems in nearly equal dimensions. a difficult oceanfront run. Its traffic congestion potential is not so great, but local residents fear intensive The Island should be maintained,I day-use pressures just as much. therefore, as a conservation area. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 30 HARTZOG. LADER & RICHARDS Folly Island I ~~Folly Island is widely regarded as A small beach park should also be a public beach, and its proximity to Charles- established for moderate use. The prime ton makes it a prime recreation area, location would be the present Coast Guard I ~despite an eroding beach. In the near- Station site. If the present tracking term, existing facilities should he improved, system is revised or replaced, it should parking and comfort stations added, and be acquired under the Federal Surpl~is beach access easements acquired by the Property Act and dedicated to public recrea- State and County. tional use. Federal community improvement funds Perhaps because of the limited existing U ~should be secured as seed money to encourage access, Charleston has not maximized its upgrading of the oceanfront commercial tourism industry by emphasizing the nearby district. Through concessions, local beaches which can complement an Historic I ~government should provide more recreation Charleston vacation. Public acquisition opportunities and an improved-beach maintenance of additional accessways and provision p~rogram. of limited beach facilities would permit The mniciality wit Stat, Contypromotion of far more attractive vacation I The uniciplitywith Sate, Cuntypackages. Each of the recommended day- and Federal assistance, should develop, use areas -- especially Capers, Folly, over the long-term, a beach-oriented public and Kiawah Islands -- should be planned activity center. Because of the Island's as destinations for vacationers staying narrow configuration and erosion problems, in hotels and motels elsewhere in the the Environmental Protection Agency or metropolitan area. another authority may effectively prohibit further commercial or residential development. Accessways should be acquired by regulation or purchase to open this beach to truly public use. HARTZOG. LADER & RICHARDS 31 PUBLIC BEACH ACCESS & RECREATION IN SOUTIH CAROLINA Kiawah Island Kiawah Island has the potential The 150 parking spaces, nonetheless, of becoming a commercial vacation center will be grossly inadequate to accommodate of the same magnitude and character public demand. The County, with State as Hilton Head island. Much of this assistance, should acquire an off-island tourism will be incremental, rather parking site and provide shuttle trans- than drawn from other State resort areas. portation to Kiawah Island during the In this way, the economically up-scale summer months. weekend and vacation demand for Charleston beaches will be largely satisfied. The Island, therefore, will have a significant, beneficial impact on the State and local economies. ButI the provision of additional commercial beach access, however important economically, is no substitution for addition of accessways SebokIanI for day-users and vacationers of low-SebokIln and middle-income levels. Kiawah's developers have agreed Seabrook Island is another private to permit public access to the western Community. Its beach access is restricted portion of the Island and to provide to property owners and their guests. public beach facilities, supported by Although the development has one beachI parking fees. Regardless of whether parcel that could be made available this park is the result of public black- for public acquisition, it is not essential mail for zoning approval, private benevo- to this beach access plan. lence, or some mixture thereof, it is a noteworthy example of public-private cooperation. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 32HARTZOG. LADER & RICHARDS U ~Botany Bay and Edisto Islands Bear Island Notwithstanding its state park, The Bear Island game management Edisto Island is under-utilized as a area, operated by the State Wildlife beachrecretion ite.More han BtanyResources Department, should include I ~Bay, which is exclusively residential,faitesorf-esntdwtr Edisto island offers accessway opportunities camping. Otherwise, it should be left which can be acquired by local govern- to its present conservation use. ment through purchase or regulation. Promotion is needed to convey its proximity. But existing images and LwCutyRgo recreation patterns suggest that to LwCutyRgo Charleston, Edisto Beach offers minimal relief t6 the region's day-use recreation pressures. Hunting Island State Park Hunting Island State Park's natural I ~Edisto Beach State Park features compare favorably with other beach areas, and it is within easy driving distance of most Beaufort County residents I ~~Edisto Beach State Park is a more and military personnel. Facilities natural setting for intensive day-use must be added to make it a more interesting than Polly island. It should be promoted place to visit, and its image needs as an intensive day-use beach. to be highlighted by Low Country promotion. Development of additional campsites The park can sustain moderate vacation and vacation cabins would allow Edisto use and should continue to absorb very Beach State Park to support more vacationers intensive day use. Beaufort County, of low- and middle-incomes. Because consequently, should acquire neighboring of Edisto's distance from Charleston, Harbor island for park development. its us ilcnitpiaiyo a-Harbor Island parking and camping facilities users and vacationers from other parts would alleviate the pressure on Hunting of the State. Island. HARTZOG. LADER & RICHARDS 33 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Fripp Island Fripp Island is another private Parris Island community, its beach access restricted to property owners and their guests. Its exclusive character and logistical )difficulty suggest that public access .could not be realistically secured. Several small, inland parks are planned and should be developed near Parris Island. All lands within the confines Pritchards Island of the U.S. Marine Corps base are considered environmentally or security sensitive. Most of Pritchards Island is marshland. Recreational use would therefore be Since any bridge access to the mainland inappropriate. would endanger the marsh, the Island should be left as a wildlife area. Current plans for private development of an-international conference center would not conflict with this beach access Callawassie Island plan. St. Phillips Island Calawassie Island, presently owned by the South Carolina Electric and Gas Company, should be purchased by the Access to St. Phillips Island is State and used as a tidewater camping confined to boats, and the highway route area. Current plans for resort development from Beaufort to the ramp nearest the should be revised in light of this study's Island is quite circuitous. Principally market projections. because of these access problems, its private ownership and development plans, and its relatively small beach, St. Phillips is of minor importance to public beach access planning. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 34 ~ ~ ~ ~~~~HARTZOG. LADER &RICHARDS Hilton Head Island Hilton Head Island is the region's primary commercial vacation destination. Amidst its private communities, hotels, rental condominia, and cottages provide commercial access to thirteen miles of beach. There is, however, no clearly established public beach area. The right-of-way at Coligny Circle The crowding of the Coligny Circle adjacent to the Holiday Inn, popularly beach area by summer day visitors could regarded as a public accessway, should be alleviated by encouraging access be acquired by the State. But by itself, through the 19 streets in North Forest this area is not sufficient to satisfy Beach. This area, known as Hilton Head public day-use demand. Beach Subdivision Nos. 1 and 2, fronts 4,900 feet of wide sand beach. Beach A two-block interior park being access -advocates contend that the Hilton considered for North Forest Beach, once Head Company dedicated 36-feet rights- clear title has been established, should of-way at the end of each of these roads be developed as a parking area for the for general ocean access. But the developer Coligny Circle accessway and other nearby and residents, claiming otherwise, claim accessways which litigation may establish that these easements were reserved solely as having been dedicated by the developer. for owners of subdivision lots. The Beaufort County Recreation Commission should develop and maintain these areas. There is no record of formal dedi- cation of these accessways to public use. Whether they have been reserved to property owners' use or are open to general public access is an issue that must be determined by litigation. The market and environmental findings of this study could appropriately be incorporated into an amicus curiae brief to demonstrate the public need for addi- tional beach access points. HARTZOG, LADER & RICHARDS 35 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Daufuskie Island Also disputed as public beach access A public toll ferry to Daufuskie points are the streets between the Hilton Island from Palmetto Bay Marina on Hilton Head Inn and the Sea Pines Plantation Head Island would enhance the Island's ocean gate. Six streets with 50-feet property values. In return, the State rights-of-way and three walkways with should exact public beach access rights 75-feet rights-of-way are frequently from the owners. Limited day use would used by the public. The public's right thereby be available. Public costs of passage, nonetheless, has never been would be limited to ferry service and clearly established. provision of 50 additional parking spaces at the marina. Even these actions, however, would not satisfy demand for non-commercial day-use of the beaches. The need for a separate public beach site can best be met by State acquisition of the Ashmore property near Port Royal Plantation. Parking for 150 cars, changing rooms, and comfort stations should be developed. Turtle Island Traffic congestion at the southern end of the Island would thereby be relieved. At each of these public access Because of its natural inaccessibility points, licensed concessionaires should and environmental conditions, Turtle provide food, beverages, and beach items Island should be left as a conservation and, under the adoption of the Myrtle area. Beach system, be required to maintain the beach. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 36 HARTZOG. LADER & RICHARD& / 1_4D Implementation Mechanisms To implement the Beach Access and Recrea- tion Plan's policies and site planning recommend- ations, several imnnovative government mechanisms must be fashioned. Gen- erally, these implementa- tion tools are modest in design and have been proved successful in other contexts. No massive Cali- fornia-like coastal bur- eaucracy is needed in South Carolina. The pro- posed implementation mech- anisms offer, individ- ually and as combinations, a variety of ways local governments and the State can contribute to real- ization of this Plan. HARTZOG, LADER & RICHARDS 37 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Common Law Devices South Carolina courts should employ "Dedication", like prescription, traditional common law concepts in liti- refers to rights in particular land gation seeking to retard the erosion of parcels. To be enforceable, the theory public recreational opportunities in the depends on both the owner's intention State's shoreline. to offer specific land or interests therein and acceptance by the public. "Custom" would permit the State Both can be either expressed or im- to claim an easement by public use on plied. particular accessways. it could not be used, by single claim, to serve as theI basis for declaring that an entire The issue of applicability of coastal strip belongs to the beaches. these theories in South Carolina is -It promises most help when littoral clouded. Although they may be usefulI owners have been unaware of their title in the reclamation of beaches pre- to the beach and the State can demon- viously used for public recreation, strate long public enjoyment of the they are not effective planning tools. site. Each doctrine has shortcomings, andU ad hoc adjudication alone will not Under the theory of "prescription", adequately address South Carolina's a public easement can similarly be cre- beach recreation shortage. ated in privately owned lands. Title would remain with the owner, but use of the land for recreational purposes would be shared with the public. Such an easement could be established by showing open, continuous, and adverse use of the land without the owner'ssI permission. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 38 HARTZOG. LADER & RICHARDSI U Legislation The Act would declare the erection Given the limitations of ad hoc judicial of signs designed to exclude the public expansion of coastal recreation opprtunities, from open beaches to be a criminal offense. I the Legislature should adopt several sub- Such legislation would be only part of a stantive measures regarding beach access. legislative package, and not a substitute for acquisition of accessways through purchase An Open Beaches Act would facilitate or regulation. Its principal aim would I the application by State courts of any common be to encourage clarification of disputed law device which might expand public access accessways through standardized procedures to beaches. Essentially, the Act would and litigation. A Public Rights-of-Way I guarantee that the public have free and Commission would he established to avoid unrestricted right to use beaches within courtroom battles by defining those sites the State to the extent that such rights where the public clearly has access rights. may be extended consistent with the private But the Act would also limit the liability I property rights of littoral owners as may of landowners who make their beach access be protected absolutely by the Federal and areas available to public use. State Constitutions. A Beach Maintenance Assistance Act I ~~The Act would acknowledge, therefore, would authorize State ~matching funds to that, even when private owners hold fee help designated local governments clean, simple title to beachfront property, public patrol, and maintain their beaches. Except I. rights of access and recreation may still for locally licensed or government-owned exist. These rights could be affirmed through concessions, commercial activity on the E udicial application of traditional legal State's beaches would be prohibited. doctrines. It would authorize the State Attorney General to protect those rights A fund would be established as an emergency and would specify evidentiary rules which pool from which local governments could I shift the burden of proof to the property promptly be granted, upon authorization owner to refute the presumption that the of the Governor, emergency funds to combat public has established rights of recreational threats to beach recreation, such as oil use in the beach. spills and hurricanes. The sources of monies for this would be general revenues (in recogni- tion of the great economic benefits derived by the entire State from maintenance of * ~~~~~~~~~~~~~~its beaches) or a tourist tax.- HARTzOG, LADER & RICHARDS 39 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Notwithstanding the Heritage Police Power Regulations Trust Program, A Beach Access Ac- quisition Program, under the juris- The police power has traditionally diction of the State Department of been thought to be properly concerned only Parks., Recreation and Tourism, should with "the public peace, safety, morals, be eastablished by statute. Ac- and health." Today, however, courts in- quisition by purchase, sale/leaseback, creasingly recognize that the concept of theI scenic, open space and recreation "general welfare" embraces the public easements should be authorized. The trust doctrine: that property rights Act would adopt this beach access in certain natural resources essential toI .plan's priorities; and local gov- the community must be vested in the gen- ernmnents would be encouraged to eral public. Thus, the doctrine is restrain development of any of these limited only by the scope of contemporary sites until negotiations for public perceptions of the general welfare.I acquisition are concluded. Strong deference is generally made The Act would establish a by courts in favor of State and localI new fund, through which the State government's flexible legislative use would annually for a period of of the police power. As long as local years match all Federal grants re- regulations permit private landownersI ceived for beach park acquisition, some economic uses for their lands while such as those from the Land and restricting them for public objectives, Water Conservation Fund. Ac- the acquisition of beach accessways quisition would be authorized only through exercise of the police powerI on a cost-effective basis, and should withstand constitutional attack. special incentives would be fashioned for acquisition of less- Some diminution of property valuesI then-fee simple interests that through regulations requiring public beach c~ould expand beach recreation access of oceanfront landowners will likely opportunities. be tolerated if they are not discriminatory or unreasonable. Central to this judgmentI is the courts' perception of the public necessity. If nothing else, this market analysis of beach demand in South CarolinaI establishes the critical proportions of this issue. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CA9OLINA 40HATO.LDR&RCRS Compensable regulations may also be applicable to beach access problems. * ~~~~~~~~~~~~~Funds need not be expended unless a court finds that the regulation 'actually constituted a "taking" without compen- A ost of regulatory schemes can be sation. If-compensation is then re- I employed to this end. Exclusive use zoning, quired, the initial cost is low since flood plain zoning, building setbacks and landowners do not recoup lost develop- official mapping, and transfers of development ment value until the property is sold. rights are the principal concepts which Subsequent increases in land values can be applied in South Carolina to expand do not affect the ultimate cost to gov- public beach recreation opportunities. ernment, which is based on the value prior to regulation. This system, Subdivision exactions and bonuses also therefore, is a means of constitution- merit consideration. Thearmunicipality, ally validating land use regulations I by approval of a proposed subdivision, enables which, in the absence of some compen- the developer to profit financially. In sation to the property owner, would .return, local government may require the be impermissible. dedication of public easements for shore I access, parking space, and beach support To varying degrees, local gov- facilities sustained by user or parking ermient regulatory powers may be em- fees. A "common fund" approach to such ployed to expand South Carolina's exatinscould convert scattered parcels shoreline recreational opportunities. into a neighborhood beach park. Similarly, If their application result in sub- density bonuses could be offered developers stantial diminution of coastal pro- I a s an incentive to dedication of beach accessways. perty values, compensation may serve to accomplish beach access objectives without extensive litigation. The techniques' limits are simply the skill of draftsmen, the scope of permitted uses, the lessening of reasonable private economic return, and -- most important -- the temerity of local governments. HARTZOG. LADER & RICHARDS 41 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Access Limitations Beach Access Acquisition Program In some local contexts, access Acquisition is the simplest approachI limitations may be desired. There is to the expansion of public beach recreation. evolving, nevertheless, a consistent line Several Federal programs -- including of judicial cases barring municipal gov- the Land, and Water Conservation Fund,I ermient discrimination against non- the HUD Open Space Land Program, and residents and similar restrictions. Only the Federal Surplus Property Act -- those with a narrow and rational basis are realistic sources of assistance. for classification may be sustained. Inter-governmental funding of beach But if demand levels meet this study's access acquisition should be expanded projections and this Beach Access Plan to include county and municipal governments, is not substantially implemented, some too.I limitations may become necessary. This Plan should serve as the guidelines This may best be accomplished for a comprehensive Beach Access AcquisitionI through sound planning techniques, Program, established by statute and such as limitation of vehicular access to be administered by the State Department from the mainland to island communities of Parks, Recreation and Tourism. The or ferry transport. Only those local agency should be empowered to establish restrictions which are reasonably re- or improve any public beach area by lated to preservation of a unique re- the acquisition and retention of lands, source and which do not totally exclude easements, and other property interests.I non-residents should be immune to constitutional attack. The Land Acquisition Trust Fund al- .ready exists, but lacks adequate funding1 to purchase even a minor portion of the sites recommended for acquisition in this Plan. The Legislature should focus specifically on beach access ac quisi- tion needs. The devaluation of certain areas as a result of the new Federal flood insurance regulations may make acquisition of several potential beach parks feasible. -PUBLIIC BEACH ACCESS & RECREATION IN SOUTH CA9OLINA 42 HARTZOG. LADER & RICHARDS U ~Easements Gifts Although this Plan recommends public Existing and new tax benefits should acquisition of several large park sites, induce voluntary donation of lands and less-than-fee interests comprise the easements. In addition to the incentives main thrust of the proposed Beach Access of the Federal income tax laws authorizing Acquisition PormOnyin this way deductions for charitable contributions, can a significant amount of public recrea- special tax concessions by State and tion opportunities be secured within local governments, should be instituted. I the realistic capabilities of State Property tax exemption, especially, and local agencies. should be applied. 3 ~There is no need for the public to To expedite such gifts, the State secure the entire fee if its objective Department of Parks, Recreation and is solely to guarantee public access Tourism should contract with a private to the beach. In today's economy, acquisi- firm, on an incentive compensation basis, tion becomes feasible only when the to pursue, negotiate, and secure beach public agency is required to acquire access opportunities throughout the only those rights which are essential State. Land trades and any tax mechanism, I to accomplish its goal. Moreover, to which can legally serve'as an impetus be most consistent with South Carolina's to donation should be sanctioned. * philosophical emphasis on private property Rgto.is eua ownership, this Beach Access Plan must Agto-is eua leave intact much of the present private land tenure along the coast and disturbThBeuotCnymcaisfr as fw ofthos ownrs' ight as ossile.acquiring public access in new subdivisions Novel adaptations of the easement or planned unit developments should device should be structured. Like the be adopted by other coastal counties. I recently established conservation easement, The county would thereby have a right "1recreation easements" would allow the of first refusal in purchasing public property owner to retain the beneficial, access within privately held tracts though qualified, use of his land while of beachfront land scheduled for development. U contributing to the State's conserva- This procedure, nevertheless, should tion and recreation efforts. be used only if a subdivision exaction * ~~~~~~~~~~~~~or density bonus is inapplicable. HARTZOG. LADER & RICHARDS 43 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA .Beach Maintenance ProgramI The Maintenance Assistance Program The program, therefore, would provide for should be authorized by statute. The Act State financial assistance in the form of should matching funds to qualified local governments for the purpose of cleaning and maintaining * declare the public policy of the beaches subject to public access and recreation. State to be that, notwithstanding * ~counties and local governments, Should the proposed funding mechanism primary responsibility, State govern- not be adopted, the program would be contingen:tI ment should share with its political upon legislative appropriations. Administration subdivisions the burdens of beach of the beaches and determination of the cleaning and maintenance best uses of funds would be reserved to the recipient political subdivisions. PRT, * authorize allocation of a percentage as the program's administrative agency, of State revenues from existing would be empowered to enforce the statutory sources or new ones, such as a regulations and to distribute funds impartially. I tourism tax, to the funding of State parks would also receive assistance. this program The program would not embrace erosion * provide requisites for application measures, beach nourishment, or physical for such funds by cities and counties construction. "Maintenance" would include, however, the collection and removal of litter, * designate responsibilities for debris, and driftwood/seaweed, the elimination cleaning and maintenance of public of sanitary and safety conditions which beaches threaten personal health or safety, and the employment of lifeguards and special provide for program administration traffic police. by the State Department of Parks, Recreation and Tourism, and T1he program would in no way derogate the duty of cities and counties to clean authorize contracts between certain and maintain all public accessways and beaches cities and counties and between within their respective corporate boundaries. certain counties relating to beach Neither would State assistance bar localI maintenance. user fees so long as they are non-restrictive. PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 44HATO.ADR&ICRS HARTZOG.LADER & ICAD I ~~~~~~~~~~~Sources of Funds Assistance would be conditioned, however, The State Legislature and local governments on the maintenance of each city or county must realize the economic importance of applicant of at least one beach park or public beach access and recreation to a reasonable number of marked accessways South Carolina's businesses and tax base. which meet minimum requirements of size Such recognition should be manifested, and facilities: (1) sufficiently large on both levels of government, by allocation or numerous to permit convenient public of larger amounts of general public revenues 3 ~access to that section of beach for which to acquisition, development, and maintenance * assistance is sought; (2) adequate sanitation of South Carolina's beaches. The following facilities in the vicinity to accommodate additional sources of funds for the implemen- the average summer weekend use of the area; tation of this Plan must be supplemented I ~(3) adequate off-beach parking, public or with general revenue funds. commercial, to accommodate the number of average summer day visitors; and (4) adequate road and safe pjedestrian access to the park User Fees or accessways from the nearest main highway and parking area. Local government can require beach users to have in their possession tags I ~~These conditions should be designed which indicate payment of a seasonal, so the program may serve as an incentive weekly, or daily user fee. The legal for local initiative. Qualified cities and political rationale for this approach 1 ~and counties would receive up to 50 percent is based on the community's need to defray reimbursement for eligible expenses incurred maintenance, lifeguard, and police expenses in beach maintenance. Maximum State assistance incurred by resident and non-resident and minimum local programs would be established. use of its beaches. HARTZOG. LADER & RICHARDS 45 PUBLIC BEACH AGCESS & RECREATION IN SOUTH CAROLINA Parking Fees Of the coastal zone's Strong attractionI to tourists and State residents. If an An alternative local government approach increase were deemed inappropriate or is the requirement that automobiles parked infeasible, current revenues might beI on public streets within a specified walking apportioned differently so as to aid coastal distance of public beaches or accessways communities in the acquisition and maintenance bear a parking sticker indicating payment of public accessways. of a fee for beach access parking. EnforcementI by local police and administration by an existing fee-collecting office would Property Transfer Tax minimize expenses, and revenues wouldI be earmarked for beach-related expenses. Property transfer taxes are commonly used by counties and cities under uniform state legislation. An increase in thisI tax, State or local, would probably have Transient Occupancy Taxes no real effect on real estate transactions and would not reduce existing local receipts. State nd locl govrnmen t levyRevenues could be designated for beachI a four percent tax equivalent to a sales acs rgas tax on hotel and motel room rentals, and revenues are placed in the general fund Concessions earmarked for school programs. Both an increase in this tax and local equivalents are potential sources of funds for beach Local governments should either ownI programs. In California, the typical or license beach concessions for the sale local rate is five percent, the maximum of food and beverages, umbrella, towel permitted by State law. and boat rental, and related recreation Loca addon axeswoul alow uersneeds. Variations of the Myrtle Beach Localadd-n taes wold alow serssystem could be instituted at public access of commercial facilities, out-of-state points of beaches within other municipal visitors and inland residents to help jurisdictions. Some portion of the profits defray the beach community's recreation- derived from this commercial activity based expenses. If the present tax were could be directly applied to beach maintenance, 3 increased, extra revenues could benefit Or licensees could bear substantial maintenance the coast particularly, in recognition responsibilities. 46 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINAHRTO.LER&ICAD Oil Taxes and Revenues Given the present exploration and demand for oil, South Carolina may be the subject of competition for energy resources. At least two sources of funds may be engendered by this phenomena. An excise tax on petroleum exports and imports could finance public acquisition of coastal properties and research/development regarding oil-spill prevention and clean- up. Also, any tideland oil revenues derived from the depletion of off-shore resources could be used, in part, to fund protection of the beaches and expansion of beach recreation opportunities. 31 ~ BondIssues If the State's entire population were. alerted to the projected demand for beach access in South Carolina, a bond issue could be authorized to fund acquisition of beach parks and accessways identified in this Plan or consistent with specific criteria. At least a bond issue for statewide park acquisition should be initiated, and a major portion of the funds secured should be applied toward public beach access objectives. HARTZOG, LADER & RICHARDS 47 PUBLIC BEACH ACCESS 8 RECREATION IN SOUTH CAROLINA PRT PROPOSALS This study's Public Beach Access and Recreation Plan is consistent with and embraces the policy statement regarding "The Beaches" adopt- ed on July 30, 1976, by the South Carolina Parks, Recre- ation and Tourism Commission. The following proposals are especially pertinent. PUBL~~~~~~~~~~~~~~~~~~~ICBAHACS RERAINISOTCAOIA4HATOLER&RCRD U PRIVATE SECTOR ACTIONS beach vacationers through accommoda- The challenge facing South Carolina tions and other facilities within is this: Within the restraints and limiting the limits of available beach areas. I ~factors previously described, how can we serve an ever-increasing number of beach vacationers on a South Carolina *Promotion to Expand Lower-Use seashore that cannot physically expand Seasons - Gear PRT promotion and in size. The private sector of the advertising to accommodate more State's billion dollar tourism industry total beach vacationers by extending has the major role in accommodating, beach vacations into seasons conducive- I ~serving and providing beach access for to beach usage that are presently the majority of this rapidly-growing under-utilized. Work with local volume of vacationers who visit our promotion agencies and the private beach areas. Therefore, a major portion sector in encouraging such efforts of PRT's program to expand beach access on the local levels. opportunities will be to directly support, complement and provide guidance to the I ~private sector of the tourism-leisure *Build Ancillary Value's of Beach industry. Access - Beaches can be the lure to attract millions of vacationers *Leisure Industry Technical Assis- and conventioneers whose feet need tance - Assist private investors, never to touch the ocean water developers and businesses in the or beach sand. Climatic conditions * ~ ~~evelopment of ocean and beach- impose limits in South Carolina related facilities to serve visitors on the direct use of the oceans as well as residents (through staff -and beaches during some seasons. of PRT Tourism Division and other However, scenic and aesthetic values units). ~~~~~~~ocean-view motel rooms and scenic *Accommodating More Beach Users overlooks while providing heated Within Limited Areas - In cooperation covered swimming pools along with with private enterprise, develop golf, tennis, sightseeing and other design concepts and standards to indoor and outdoor recreation not serve larger numbers of future directly associated with the beaches. HARTZOG, LAD ER & RICHARDS 49 PUBLIC BEACH AOCESS & RECREATION IN SOUTH CAROLINA * Develop Inland Vacation Destinations - PUBLIC SECTOR ACTIONS As beach access needs are expanded to accommodate the ever-increasing future demands, a part of PRT's program will be to develop and promote inland visitor destination areas, which will relieve some Public agencies on the local, state of the future "growth pressures" and federal levels have significant on the beaches while building the opportunities as well as responsibilities economy and recreation opportunities to serve South Carolina's public recreation in the other areas of the state. needs, including those related to ocean or beach access. Through its State * Economic Incentives to Private Parks, Recreation and Planning divisions, Enterprise - Work with local govern- PRT will endeavor to help meet such ments in developing economic incentives needs through a number of programs for .to encourage private enterprise South Carolinians as well as visitors. to provide beach access to serve the general public. * Existing State Parks - Develop * State Parks as a Stimulus for the full beach access potential Private Beach Developments - Continue of existing coastal State Parks PRT's policy of State Park development while protecting the natural qualities to stimulate adjacent private sector of these environmentally-sensitive developments, such as privately- properties. owned oceanfront campgrounds in the Grand Strand. Look to the * Acquire Additional Park Lands - private sector to provide some The fact that the four oceanfront of the facilities within State State Parks accounted for over Parks, including those in the beach 40% of the total 10,500,000 visitors areas. in the entire South Carolina State Park system last year is evidence of the fact that additional coastal park lands must be acquired to help meet public beach access needs in the future. PUBLIC BEACH ACCESS & RECREATION I sTC NA 50 HARTZOG. LADER&RICHARDS *Fuller Utilization of Existing ideas and proposed action courses Government-Owned Lands - Many thousands that might be considered by interested of acres-of coastal lands in South public agencies as they make plans Carolina are now owned by federal and decisions to accommodate beach and state government agencies. access and related recreation needs. I ~Public agencies that own coastal The findings .of this study will lands should be encouraged to accommo- be available to interested public *date beach access and recreation . agencies as well as the sponsors. needs wherever possible, consistent with conservation and other land *Funding Assistance Programs - use priorities for such properties. "There ain't no free lunch" - all PRT proposes to consider cooperative approaches to public beach access I ~working relationships with other are costly and somebody has to agencies to help meet such needs. pick up the tab. PRT administers the Land and Water Conservation Technical Assistance to Local Fund of the U.S. Bureau of Outdoor Public Agencies - PRT's Recreation Recreation at the State level and Division is available to provide 50-50 matching funds from this all available research, information, source are available through the and guidance to help local public three coastal regional Councils agencies develop plans to meet of Government to help public agencies recreation needs, including coastal to fund local recreation projects. I ~communities that may be involved However, federal, state or local in providing beach access. funds are far from adequate to meet the rapidly-growing public I * Research, Guidelines and Action beach access needs of South Carolinians Proposals - In cooperation with and the millions of out-of-state the U.S. Bureau of Outdoor Recreation, visitors who come to our State the South Carolina Coastal Zone for beach vacations and recreation. Council, the Charleston County In cooperation with other involved PRT Commission and other local public and private groups, PRT groups, PRT has co-sponsored a proposes to seek or develop an public beach access study to compile adequate funding mechanism to help all available facts and data, conduct local areas meet their beach access I ~market and legal research and develop and recreation needs in the future. HARTZOG. LADER & RICHARDS 51 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA Acknowledgements The analysis, conclusions and recommendations contained in this report represent the findings of Hartzog, Lader & Richards. We wish to express apprecia- tion for the generous assistance and cooperation of the following individuals and organizations. Fred P. Brinkman Ben C. Boozer Tom L. Hansen Executive Director Executive Director Acting Director South Carolina Department of Charleston County Park, Recreation Berkeley-Charleston-Dorchester Parks, Recreation and Tourism and Tourist Commission Regional Planning Council Columbia, SC Charleston, SC Charleston, SC Robert L. Gunter Dr. James A. Timmerman, Jr. N. S. Thompson Assistant Director, Administration Executive Director Executive Director South Carolina Department of South Carolina Wildlife and Marine Low Country Regional Planning Parks, Recreation and Tourism Resources Department Council Columbia, SC Columbia, SC Yemassee, SC Buddy Jennings Graham Lewis Charles Gatch Director, Planning Division Director, Planning Division Chairman South Carolina Department of U.S. Bureau of Outdoor Recreation Beaufort County Joint Planning Parks, Recreation and Tourism Southeast Regional Office Commission Columbia, SC Atlanta, GA Beaufort, SC Dr. Eugene A. Laurent C. Kenneth Thompson Director Executive Director Natural Areas and Resource Planning Waccamaw Regional Planning Office of Coastal Zone Planning and Development Council South Carolina Wildlife and Marine Georgetown, SC Resources Department Columbia, SC PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROLINA 52 HARTZOG. LAIDER & RICHARDS Credits Hartzog, Lader & Richards is an independent professional firm rendering services to public and private organiza- tions for the assessment, planning, design, impact analysis, and implemen- tation of conservation, recreation, and development projects. This study's conclusions and recommendations have been derived solely from the professional judgment of the principals and the following assembled professional staff associates: George B. Hartzog, Principal Thomas W. Richards, Principal Philip Lader, Managing Principal Mark T. Zachman, Project Coordinator Richard Wildermann, Environmental Studies Diana B. Permar, Market Analysis Kenneth D. Fullerton, Research Assistant Patricia M. Halcomb, Research Assistant Shauna Doyle, Research Assistant Richard Remmer, Research Assistant Peter Ovens, Cartographer Jackie Blackburn, Report Preparation Carolyn Guffie, Report Preparation HARTZOG. LADER & RICHARDS 53 PUBLIC BEACH ACCESS & RECREATION IN SOUTH CAROUNA