Developing alternative shoreline armoring strategies: the living shoreline approach in North Carolina

This paper reviews the scientific data on the ecosystem services provided by shoreline habitats, the evidence for adverse impacts from bulkheading on those habitats and services, and describes alternative approaches to shoreline stabilization, which minimize adverse impacts to the shoreline ecosystem. Alternative shoreline stabilization structures that incorporate natural habitats, also known as living shorelines, have been popularized by environmental groups and state regulatory agencies in the mid-Atlantic. Recent data on living shoreline projects in North Carolina that include a stone sill demonstrate that the sills increase sedimentation rates, that after 3 years marshes behind the sills have slightly reduced biomass, and that the living shoreline projects exhibit similar rates of fishery utilization as nearby natural fringing marshes. Although the current emphasis on shoreline armoring in Puget Sound is on steeper, higher-energy shorelines, armoring of lower-energy shorelines may become an issue in the future with expansion of residential development and projected rates of sea level rise. The implementation of regulatory policy on estuarine shoreline stabilization in North Carolina and elsewhere is presented. The regulatory and public education issues experienced in North Carolina, which have made changes in estuarine shoreline stabilization policy difficult, may inform efforts to adopt a sustainable shoreline armoring strategy in Puget Sound. A necessary foundation for regulatory change in shoreline armoring policy, and public support for that change, is rigorous scientific assessment of the variety of services that natural shoreline habitats provide both to the ecosystem and to coastal communities, and evidence demonstrating that shoreline armoring can adversely impact the provision of those services.

Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)