Jurisdiction Over the Water

The governments of Wrightsville Beach and Carolina Beach have less jurisdiction over the waters surrounding their towns than they would like when it comes to removal of abandoned vessels. That jurisdiction and enforcement currently falls to the North Carolina Wildlife Resources Commission.

However, New Hanover County is in the process of creating an ordinance that will allow for a more timely removal of an abandoned vessel like the one sitting just off the 500 block of Waynick Boulevard at Wrightsville Beach.

Without much local fanfare, a removal and disposal of abandoned vessels bill passed during the 2023 session of the North Carolina General Assembly and was signed into law to make it easier for all 20 Coastal Area Management Act (CAMA) counties to pass ordinances to manage the removal of an abandoned vessel.

Bill sponsors were Senators Michael Lazzara, R-Onslow; Thomas McInnis, R-Cumberland; and Norman Sanderson, R-Pamlico. Senate Bill 465 / SL 2023-27 allows ordinances to be passed at the county level to regulate the abandonment of vessels within the county’s jurisdiction in the same manner as they deal with abandoned motor vehicles.

An abandoned vessel is described in the new law as “a vessel that is moored, anchored, or otherwise located for more than 30 consecutive days in any 180 consecutive-day period without permission of the dock owner.” And/or “a vessel that is in danger of sinking, has sunk, is resting on the bottom, or is located such that it is a hazard to navigation or is an immediate danger to other vessels.”

Long a problem in the state’s coastal areas, the abandoned vessel issue hit its zenith in September 2018, when Hurricane Florence left more than 400 boats abandoned along the North Carolina coastline. Government agencies and nonprofits partnered to remove literally hundreds of abandoned and broken boats from the state’s waters.

A local ordinance request from Carolina Beach went to the General Assembly last year in hopes of cleaning up the water within its jurisdiction and having regulations the town could enforce.

Topsail and North Topsail beaches and Surf City also asked the state in 2023 for more authority over their surrounding waters.

In January this year the towns of North Topsail Beach and Surf City passed ordinances giving them the authority to remove abandoned or derelict boats in navigable waters.

“We are working with the county manager’s office for an ordinance like Brunswick County has,” New Hanover County Sheriff Ed McMahon said during the first week of April. “The current or previous law falls under the Wildlife Commission, and it has a lot of hoops to jump through. My chief deputy met with the county, and they are drafting something up. Until then there’s not a whole lot of teeth in what we can do.”

The sheriff’s office said a complaint over derelict vessels going down the Intracoastal Waterway toward Carolina Beach started the ball rolling in New Hanover County. The ordinance would apply to all municipalities in the county. Assistant county manager Lisa Wurtzbacher is working with the county’s legal team and the chief deputy on the draft.

“We are contacting the other municipalities to let them know about our draft ordinance,” says New Hanover County Chief Deputy Jonathan Hart.

Hart and McMahon noted an ordinance that Brunswick County adopted seven years ago gave officials there the ability to remove vessels faster.

“We’ve been having to rely on Wildlife to do it and we want to do it ourselves,” Hart says.

Timeliness is an issue. The Wildlife Resources Commission requires 30 days before any action can be taken. If a boat moves at all during those 30 days, the clock resets.

At Wrightsville, a 40-foot trawler was damaged in a January 2024 storm. It is sinking bow first.

“Wildlife has some grant funds and they have taken over the trawler,” Wrightsville Beach Mayor pro-tem Hank Miller says. “As soon as they get their i’s dotted and their t’s crossed it will be done.”

The desire is to get the boat removed before it sinks completely. The proposed ordinance will shorten the window to do removal.

“What we are looking at doing if we get a notification of an abandoned vessel, we will sticker that vessel for 10 days. After 10 days, that will start accruing fines per day,” Hart says.

After 30 days the sheriff’s office would remove the vessel.

The draft mirrors Brunswick County’s in some aspects.

“We want to catch these vessels before they sink. It is a much more expensive process once they’ve sunk,” Hart says.

Finding the owner is not always easy.

“You’re supposed to register a boat, but sometimes locating an owner can be a challenge,” says Hart.

One aspect of the Brunswick ordinance there’s agreement on not copying is vessel anchoring requirements. Hart says at this point it’s not a concern in New Hanover County. 

“I have estimated at some point in May or June for it to go before the county commissioners to approve or not approve,” says Wurtzbacher. “It will be a much more efficient process from what I understand.”

Abandoned Vessel Commission

The North Carolina Wildlife Resources Commission defines an abandoned vessel as “a vessel that has been relinquished, left, and given up by the lawful owner without the intention to later resume any right or interest in the vessel. (The term does not include a vessel that is left by an owner or agent of the owner with any personal business for the purpose of storage maintenance or repair and that is not subsequently reclaimed.)”

The commission says a person finding an abandoned vessel can become the registered entitled owner of the vessel provided that the previous owner(s) cannot be located and they have not reported the vessel missing or stolen.”

The commission provides instruction on how to claim an abandoned vessel.