Bulkhead Ordinance Adjusted

STONE HARBOR – Just weeks after Stone Harbor Borough Council adopted its regulations concerning bulkhead elevations, the governing body was back at work amending that ordinance.
The new ordinance requires that all bulkheads be brought to a minimum elevation of 8 feet NAVD 1988 (the North American Vertical Datum of 1988) no later than January 2050.
The elevation and timing of the regulations relied on scientific projections for sea level rise by 2050.
The immediate problem is that many bulkheads are below the previously mandated minimum elevation of 6.2 feet. These low bulkheads represent a danger long before 2050.
The amendments to the ordinance introduced Sept. 18 require all bulkheads from 5.5 feet and below to be brought at least to the previous minimum elevation of 6.2 feet within two to eight years depending on the current height.
Faced with the prospect of bringing an existing low bulkhead to the old 6.2-foot minimum, some property owners may decide to move directly to the new mandated 8-foot elevation prior to 2050.
The borough did not require them to do so because, as Council member Raymond Parzych noted, “It would be unfair to require them to do something other property owners have until 2050 to do.”
The amendment to the ordinance sets the following time frames based on current bulkhead height:
•    Bulkheads at 4 feet and below have two years to comply with the old minimum of 6.2 feet
•    Bulkheads at 4.1 to 4.5 have four years
•    Bulkheads from 4.6 to 5.0 have six years
•    Bulkheads from 5.1 to 5.5 have eight years
The ordinance does not require property owners with bulkheads at elevation 5.5 to 6.2 to make any changes except to meet the requirement of being at 8 feet by 2050.
How a property owner meets the new requirement would depend primarily on the condition of the current bulkhead.
For those with bulkheads that are in good condition the added elevation can be achieved by adding on to the existing bulkhead. 
Parzych said that a number of the lowest bulkheads are also among the oldest. This may mean the bulkhead needs to be replaced in order to comply with the new amendments.
Potential penalties for violation of the ordinance are steep with a maximum fine of $1,250 and with each subsequent day in which the violation continues considered a separate offense.
Business Administrator Jill Gougher said that the borough is looking into ways it can facilitate compliance by providing financial help to homeowners.
One possibility is to use the borough’s bonding ability to create a revolving loan fund from which low-interest loans might be available.
Financial options are being considered, but Gougher was careful to caution that the borough does not yet know what is possible and how a potential arrangement might work.
The amendments are subject to a public hearing when the ordinance has its second reading and potential adoption in October.
To contact Vince Conti, email vconti@cmcherald.com.