So now you are the self imposed grammar police of the Forum in addition to resident expert ? Is that the best you got ?

If you're talking about BF, he was once more bad azz then you'll ever be. As a matter of fact, he still is.

Although it is true that part of the walkway is on Federal Property, as the NPS owns and regulates all shoreline on Hatteras Island ( see Sand Rd. attachment), the issuing of permits for PRIVATELY funded beach access is the responsibility of Dave Hallac, superintendent for the Outer Banks Group. Seems it is his judgement call on the requirement to be ADA compliant based on whether the cost could be unduly burdensome for the applicants.


"How does cost factor into a public agency's decision in its transition plan concerning which existing facilities must comply with ADA and Section 504 pedestrian access requirements?

For existing facilities requiring accessibility improvements as scheduled in the transition plans, the public agency must provide accessibility improvements unless the cost of the upgrades is unduly burdensome. The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost. 28 CFR Part 35, App. A, discussion at §35.150, 4 – 7.

The decision that pedestrian access would be unduly burdensome must be made by the head of a public agency or that official's designee, accompanied by a written statement of the reasons for the decision. 28 CFR §35.150(a)(3). (9-12-06)"

The decision that pedestrian access would be unduly burdensome must be made by the head of a public agency or that official's designee, accompanied by a written statement of the reasons for the decision. 28 CFR §35.150(a)(3). (9-12-06)"

That's fine. But do you have a permit from the Fed Gov to build a structure on government land? Local or state governments cannot make land use decisions for the Fed Gov.

Although it is true that part of the walkway is on Federal Property, as the NPS owns and regulates all shoreline on Hatteras Island ( see Sand Rd. attachment), the issuing of permits for PRIVATELY funded beach access is the responsibility of Dave Hallac, superintendent for the Outer Banks Group. Seems it is his judgement call on the requirement to be ADA compliant based on whether the cost could be unduly burdensome for the applicants.


"How does cost factor into a public agency's decision in its transition plan concerning which existing facilities must comply with ADA and Section 504 pedestrian access requirements?

For existing facilities requiring accessibility improvements as scheduled in the transition plans, the public agency must provide accessibility improvements unless the cost of the upgrades is unduly burdensome. The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost. 28 CFR Part 35, App. A, discussion at §35.150, 4 – 7.

The decision that pedestrian access would be unduly burdensome must be made by the head of a public agency or that official's designee, accompanied by a written statement of the reasons for the decision. 28 CFR §35.150(a)(3). (9-12-06)"

That's fine. But do you have a permit from the Fed Gov to build a structure on government land? Local or state governments cannot make land use decisions for the Fed Gov.

You seem argumentative and angry...please stay away from Hatteras Island as we all get along fairly well.....best for all if you stay on the tombolo.

You seem argumentative and angry...please stay away from Hatteras Island as we all get along fairly well.....best for all if you stay on the tombolo.

It's people (vacation renters) who will complain about inadequate ADA accommodation on a structure located on federal land that are going to be your problem. Just make sure you've covered all the bases and the Fed Gov has authorized the construction of your walkway on the portion that is located on federal land.

May be different up north, but I've never heard of anyone complaining of access so long as the home owner is fully transparent on "our" erosion/sever weather swings (meaning the entire east coast - and, of recent, the west coast) and that a beach access might be here today, but gone tomorrow.

May be different up north, but I've never heard of anyone complaining of access so long as the home owner is fully transparent on "our" erosion/sever weather swings (meaning the entire east coast - and, of recent, the west coast) and that a beach access might be here today, but gone tomorrow.

People file lawsuits for all kinds of reasons. Some are frivolous, example: Hovey. He wasted years and tens of thousands of dollars on a lawsuit he couldn't possibly ever win.

Regardless, here's more info on the issue of a beach access located on federal land:

Click to follow link...

You seem argumentative and angry...please stay away from Hatteras Island as we all get along fairly well.....best for all if you stay on the tombolo.

I'm not who you need to worry about. It's people (vacation renters) who will complain about inadequate ADA accommodation on a structure located on federal land that are going to be your problem. Just make sure you've covered all the bases and the Fed Gov has authorized the construction of your walkway on the portion that is located on federal land.

Somehow the ADA stuff got all confusing in here. I admit I know nothing about it nor do I care because I am fortunately unaffected, but there are numerous .gov links out there that state clearly 1 accessible access per 1/2 mile of managed shoreline. Period. Money and what not aside, it looks like if pedestrian access is allowed and accesses are built then each 1/2 mile needs a single access that is compliant.

Regarding the altered walkway... so you can't get your cart down it now. That's unfortunate, but it happens. The town of Nags Head had to rebuild part of the walkway across from the house after a storm damaged it and in the process it was altered to eliminate some of its former functionality.

Well, a reasonably innocent question on my part certainly took a left turn. Thinking of the question I certaily should have considered the ADA implications. In my work career, crews I was in charge of literally built 100's of ADA ramps and sidewalks in PA & NY. While I know we are discussing a wooden walkway in NC , the ADA rules are federal. Did not consider those implications when all I really wanted to know was who was responsible, or approved a haljf baked repair to steps on the bottom of a beach access. Now then, thinking about it I see at least three scenario's-
1. I can see a how walkway from a private house that doesn't infringe onto federal land can pretty much do what they want.
2. I don't know how a "community walkway" open to the general public can avoid the ADA rules, regardless of where it exits.
3. A public walkway exiting or infringing onto federal land should have to comply with the ADA rules.
Given that the federal/state land begins at the high water mark which is a fairly open description, lets say that most of the public walkways probaly fall into the ADA baliwick.
Of/On the projects I was aligned with - all using public funds, the argument of cost was WAY, WAY down on the list of exceptions to be exonerated for compliance. Most of the ramps I have seen on the island could -(yes could ) be constructed to ADA spec's. The landscape on the shore is reasonably flat - except for the dune hump. Extending a ramp parallel to the shoreline instead of steps gets you in compliance. Cost - for sure. But at least your talking only about pressure treated lumber, fasteners, and labor. No concrete, steel, trees or major heavy equipment required.
Not my intention at all to cause any constrenation, or start a war on ADA. I can just see now however on how a small bit of shoddy construction can be a huge issue.

Wait till his little buddy jumps in and starts using the C word again ! Could't contain yourself could you , Squiddy !!!

If you're talking about BF, he was once more bad azz then you'll ever be. As a matter of fact, he still is.

You mean the same BF that whined like a little wimp when his vacation renters actually treated his rental AS IF IT WERE THEIR OWN HOME? You CANNOT possibly be serious. That's about as "bad azz" as ice melting in 90 degree weather in the sun.

You seem paranoid Beachy boy , they have Meds for that now !!!