It shall be unlawful for any person, firm, or corporation in any manner to damage, destroy, or remove any sand dune or part thereof, or to kill, destroy, or remove any trees, shrubbery, or other vegetation growing east of the Shore Line Development Boundary without having first obtained a zoning permit and mitigation plan approval from Planning and Inspections Department as specified in this section for the proposed damage, destruction, or removal.
(A) Removal of sand/soil prior to construction or lot clearing for marketing or other purpose will not be permitted and is subject to a civil penalty as identified in Sections 155.1.12.9 and 155.11.35.
(B) Private vehicles authorized through the Town of Wrightsville Beach Police Department and public vehicles are allowed to access the public beach by way of designated, improved vehicular accessways.
(C) Exempted from provisions of this section:
(1) Removal for personal use only of sand, seashells or similar small materials of souvenir value in such amounts as may be carried easily upon the person, so long as such act does not involve and is not for commercial or business and does not provide monetary gain to the person removing such materials.
(2) The normal, non-impacting maintenance of lawns, commercial, office, and institutional tracts which are already developed. Maintenance shall include lawn maintenance, the relocating and replacement of shrubs, the cutting and removal of poisonous or harmful plants, briers, and dead foliage. In accomplishing the foregoing, the use of equipment which limits damage to surrounding vegetation is encouraged; the use of heavy commercial equipment is discouraged. The removal or destruction of vegetation referenced in subsection 155.11.28(B)(3) is prohibited.
(3) Nothing in this section shall be deemed to allow any acts which shall willfully damage or destroy vegetation as an exemption. It is specifically the intention of this subsection that any such action shall be considered a violation and pursued under the enforcement provisions as set forth in Section 155.11.35.
(D) Signage less than one square foot instructing persons to avoid trespassing into the dunes, and rope fence for pedestrian traffic control may be placed east of the Shore Line Development Boundary. Construction of such devices shall only be permitted with the prior written consent of the Code Enforcement Official. Willful removal or damage to any public or private approved dune stabilization device such as sand fencing or pedestrian control mechanisms shall constitute a violation of the provisions of this section.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)