SURF CITY — Following in the steps of recent legislation, a Pender County coastal town will take authority into its own hands to remove abandoned vessels within its bounds.
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Surf City Police Department Chief Phil Voorhees requested the town council adopt an updated ordinance giving law enforcement the power to investigate and remove boats in its navigable waters.
The updated town ordinance comes on the heels of the North Carolina General Assembly passing House Bill 449, granting towns the right to remove abandoned vessels and hold owners accountable. The law specifically granted permission to Surf City, Topsail and North Topsail.
Prior to the legislation, various state and federal agencies — North Carolina Wildlife Resources Commission, U.S. Coast Guard and the U.S. Army Corps of Engineers — had the only power to regulate coastal waters.
“We didn’t have a direct avenue for enforcement,” Voorhees explained to Surf City council at its Dec. 15 work session. “That proved pretty challenging when we tried to enforce any junked or abandoned vessel. We kind of got stonewalled.”
The town’s prior ordinance, which will be repealed, made it illegal to abandon watercraft; however, the town could only provide notice to the owner that it could be removed and pass along the information to the appropriate agency.
Surf City Town Manager Kyle Breuer said at the meeting that state resources are slim and funding is limited for removal of deserted vessels, noting it could be a long time before one was actually removed after the town requests an investigation.
“Getting on the list is the challenge,” he said.
The North Carolina Wildlife Resources Commission was granted the authority to remove abandoned vessels in 2020. It was allocated $1 million in the 2019, 2020 and 2021 state budgets and $1.1 million in 2022. Since 2021, the North Carolina Wildlife Resources Commission has removed 159 abandoned vessels along the coast.
Mayor Teresa Batts mentioned the North Carolina Coastal Federation’s role in removing marine debris. Breuer confirmed the organization received state and federal funding to assist — $500,000 in the 2022 state budget and $3.3 million in federal funds in 2020 for hurricane clean-up — but the Wildlife Resources Commission or federal agencies still has to first declare a boat abandoned prior to the Coastal Federation being allowed to dispose of it.
The Coastal Federation has removed 106 derelict vessels and 450 tons of marine debris from central and southeastern coasts as of April 2023. It’s removed three from Surf City since 2018.
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Surf City’s new ordinance allows Surf City PD to regulate junked or abandoned vessels within the town’s jurisdictional boundaries; it does not apply to underwater remains that have been in place and unclaimed for more than 10 years.
“This gives us another tool to address these not only for our viewshed but for environmental protections for our waterways,” Breuer said.
Aside from being unsightly, neglected watercraft often contain pollution, including fuel and other hazardous materials that can leach into marine habitats. They can also pose a threat to safety, navigation, and public health.
An abandoned vessel is defined in the town’s ordinance as one that is “moored, anchored or otherwise located for more than 30 days in any 180-consecutive day period without permission of the dock owner.” It also applies to vessels in danger of sinking.
Junked vessels are ones that have been left unattended and are in significant disrepair, leading to public and environmental safety concerns.
Violation of the ordinance could result in both a $100 civil fine per day, with each 24-hours considered a separate violation. The owner is also subject to a criminal fine, punishable as a class 3 misdemeanor and an additional $100 fine.
it is mandated that the vessel must be removed within 10 days and the site must be restored and fines paid within 30 days, Surf City spokesperson Kellie Cannon confirmed.
After issuing up to five violation notices without response, the police chief can take custody of the vessel. The owner would ultimately have to pay for the towing and storage costs of any removed boats.
“The responsibility would fall on the vessel owner, but the town would have to pay up front,” Voorhees said.
He explained his first priority would be to encourage the owner to remove the vessel, but the town will do so if he or she does not comply.
The expense would add up quickly for the town, especially depending on the size of the boat and its location, along with other remediation factors that might come into play, he added.
Cannon said it costs approximately $300 per square foot to remove a vessel, plus demolition and storage fees. The final cost would be determined by the contractor performing the abatement.
“We would hope the citation or a threat of citation to be billed each day the vessel is out there, would be enough to get someone, put someone in motion to do something about it,” Breuer said.
Removed boats worth under $500 will be disposed of; any removed vessels valued more than $500 can be sold in a public auction to cover the cost of towing, removal, storage, and environmental remediation incurred by the town.
The town can recoup fees through civil and criminal proceedings, as well as by placing a lien on the vessel in accordance with North Carolina G.S. 44A, Cannon said.
It’s not just Surf City that’s faced struggles enforcing abandoned vessels. House Bill 449 was a top legislative priority for the Topsail Island Shoreline Protection Commission — consisting of Topsail Beach, Surf City and North Topsail Beach.
Topsail Beach Mayor Steve Smith told Port City Daily earlier in the year the town has only seen one or two derelict boats over the last year, but the issue arises more after a large storm or hurricane.
Breuer said he’s shared Surf City’s ordinance language with its neighbors in hopes both enact the same for consistency. Topsail Beach town manager Doug Shipley said he is considering the same ordinance; North Topsail Beach passed a similar ordinance Jan. 3.
[This article has been updated to reflect North Topsail Beach’s recently passed ordinance.]
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