Environmental – Administrative – Real Property – Oceanfront – Setback – Appurtenances

Environmental – Administrative – Real Property – Oceanfront – Setback – Appurtenances (access required)

Busik v. North Carolina Department of Environment & Natural Resources The applicable regulations required the local permit officer (LPO) to include in the square-footage calculation not only the proposed house but also the proposed appurtenances. When the appurtenances’ area is added to the area of the house, the square footage exceeds 5000 square feet; therefore, the setback requirement is 120 feet from the vegetation line, rather than the 60 feet provided for in the permit issued by the LPO. The petitioner-neighbor’s motion for summary judgment is granted.

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