NORFOLK
From a public access ramp at 13th Bay Street in Ocean View, evidence of people enjoying the beach abounds.
There are tables and chairs, boats, observation decks, fire pits, flag poles, tiki torches, picnic tables, fountains and even swing sets.
Problem is, most of these items sit on public land or on fragile sand dunes, harming them, city officials said.
Residents need the city's permission to build on the dunes, which Norfolk spends about $2 million per year replenishing. The dunes protect beachfront property from storm damage.
But few residents have asked for that permission, said Lee Rosenberg, who manages the city's environmental services bureau. Rosenberg told Mayor Paul Fraim's Ocean View Task Force recently that a survey of the beaches found nearly 400 residents have illegally intruded into the dunes. He said the problem in Ocean View has never been worse.
"Essentially what you have is people homesteading public land," Rosenberg said. "In some areas, it's out of control."
The problem appears to be worse in an area of Willoughby just to the west of the Ocean View Fishing Pier. Eleven of the first 12 houses along that strip have some sort of violation, Rosenberg said during a recent beach tour.
At several houses, residents fenced off a portion of the sand dune, sprayed
herbicide to kill the natural vegetation and have grown grass, which does little to help dunes retain sand, Rosenberg said.
One resident fenced off an area and built a dog run. There is a barbecue pit on wheels in one backyard and a man made fish pond in another. "For Sale" and "Private Property, No Trespassing" signs sit on the dunes.
So do boats. Lots of them. About 40 are abandoned on the Ocean View beaches, and many more licensed boats are illegally stored on the dunes, Rosenberg said.
His theory is that the problem began shortly after Hurricane Isabel, which in 2003 took a huge chunk out of the dunes. Before the storm, most dunes had gradual slopes that allowed people a gentle walk to the beach. After the storm, many had 12-foot drops, making it unsafe to walk across the dunes to the beach.
"That started many people to begin thinking about constructing walkways," Rosenberg said.
A homeowner must receive permission from the city to build a walkway, but few built since the hurricane are legal, he said. The issue was exacerbated by the housing boom in Ocean View, Rosenberg said. Apartments and hotels were leveled and replaced with luxury homes and condominiums. Older homes have been renovated.
"For the longest time, we didn't see a lot of improvements here," he said. "But with land values increasing, we've got people coming in who want to expand."
The city would prefer to work with residents to correct code violations rather than cite them, he said.
Councilman Don Williams has asked that city staffers work with the four civic leagues in Willoughby and Ocean View before beginning any enforcement.
The many laws governing dunes are sometimes contradictory. In some parts of Ocean View, it's not clear where private property ends and city property begins. Although many walkways on the dunes are illegal, the city might allow some to stay, Williams said. Design guidelines are being drafted to outline the types of walkways that are safe for the dunes, he said.
Intrusion into the dunes "for some people appears to be a lack of education on what they think they own," said Councilman W. Randy Wright, who represents most of Ocean View. "In some cases, it's blatant. Some people are trying to create a private beach, which doesn't exist."
Some residents who were interviewed while recreating on the dunes declined to be named. Most professed surprise when told what they are doing is illegal.
"You're kidding, right?" asked one resident in Willoughby. "You look down the beach, and almost everyone has something on the dunes."
Another resident, who was enjoying the view of ships pulling into the Hampton Roads harbor, disputed that what he was doing was harming anything.
"We're just sitting here," he said.
Don Musacchio, president of the Willoughby Civic League, said that placing a couple of chairs on the dunes won't do a lot of harm. On occasion, he, too, has placed chairs on the dunes behind his home, he said.
"But if you have structures that damage the dunes, most residents would have concerns about that," he said.
"The city needs to ask people to work with them first. Then, if you can't get voluntary compliance, the city will have to do what it has to do to protect the dunes."
Harry Minium, (757) 446-2371, harry.minium@pilotonline.com
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OV Beach
Most of the houses near the OV Fishing pier are encroaching on the beach. I'm sure that its just coincidence that the people who complained about the illegal building and noise on the pier are now being targeted by the city code enforcement workers. Seems like they should just get a variance like the big shots do. I guess they don't have buddies in code enforcement like the big shots. Does anyone think this is not retribution for embarrassing the city?
I agree, Paulm
But you have to remember not everyone is married to HUD and the City Council like the Boone family is.
As I read this article I
As I read this article I could not help but think of the large, loud, bandstand booze deck that that was illegally built and now sits atop the Ocean View fishing pier... somehow state and local laws are waived for a select few?
The hypocrisy and cronyism would be comical if it were not trashing the enviornment and disrupting the lives of those who abide by the the laws.
As long as there is selective and unequal enforement of the laws governing this situation there will continue to be problems...
Law
Just enforce the laws.
The rich are different from you and me.
In the cases of both Virginia Beach's north end and Norfolk's Willoughby area, the cities tread lightly because of the residents level of money and influence.
They holler they pay more taxes, therefore they should be allowed to do what is of benefit to themselves. They forget we all pay taxes.
City officials are grandstanding for the little people whose interest they are supposed to serve, yet no change will come of these issues in Virginia Beach or Norfolk.
The individuals involved will have to want to change their behavior. They don't because the feeling of entitlement makes them different from you and me.
Dune encroachment
This should be corrected in a very timely manner. Working with the Civic Leagues should include education about the law, and the legal steps the city will take to correct the violations. Negotiations about individual violations should not be an option. It is not their property. I agree with notifying the offenders. It's called a "Notice of Violation". Give them 60 days to remove permanent structures, and 30 days for everything else. Then take corrective enforcement action. The only exceptions should be environmentally safe walkways through the dunes, which would qualify as permissible under a permit program.
Dune lines should be immediately and clearly marked with signage.
Homeowners should know their property boundaries. Renters should be monitored by their landlord/property owners.
Residents should be able to reach the public beach through the dunes. Private walkways through the dunes should be allowed by permit, when environmentally safe.
Seems kinda ignorant...
Who's the guy who said it wont hurt anything to put your chairs on there? Stupid. You can't stomp all over the dunes and vegetation and park your beach chairs there expecting not to have an effect. The leaders of the community just don't set a good example down there.
Since Isabel?
I happen to know the owner of the access and gazebo shown in the picture. The original access was there back in 1981 when I rented an apartment from him. Isabel did wipe out the stairs and gazebo parts of it, and he rebuilt it using most of the old posts. And, btw, the dune was pretty much gone at that time, the sand was basically a cliff from the erosion caused by Isabel. The dune and grass have come back after he rebuilt it.
Right or wrong, it's not much different than it was nearly 30 years ago.
let mother nature police this situation
Check back next year and see how much of this stuff is still standing. The dune in my section of Willoughby is anywhere from 50-100% gone already, and Isabel was how long ago?
People ignoring the laws
These people knowing ignored the laws, plain and simple. They know they are doing damage to the dunes and the know they aren't supposed to do it. They just figured they would get away with it. It is time to slap them with the maximum fines and make them tear down what they have made. Enough of this playing stupid and getting away with breaking the law: they KNEW what they were doing was illegal.
Awwwe ... who cares? Norfolk certainly DOES NOT!
Hey, we're talking about the "armpit" of beaches in Hampton Roads - Ocean View! At almost any given moment, you can find crack dealers, thug gangstas, and other worthless humans polluting the beach!
Who needs building permits in OV?
Apparently, one can build anything they want without a permit there. No big deal. Permits are for the suckers who live elsewhere in Norfolk.
Councilman Don Williams......
..."has asked that city staffers work with the four civic leagues in Willoughby and Ocean View before beginning any enforcement".
Other than the "Boone" family, isn't this character the other big builder of OV? So now he has the keys to the hen house!!!!
But..but..
..I know Ronnie Boone...I know Judy Boone..I helped make Ocean View into 300-450 thousand dollar condos..I stopped the gangs the were inheriting Ocean View...I contribute to the "Ocean View High and Mighty Haughty" society...the beach is mine..the sand dunes are mine...I pay taxes...blah...I'm an original OV person...I own an upscale artsy place and dress well....I have beach rights....blah...blah..BLAH!!
What a catastophy! Stop it now!
And I guess then that the homeowners can charge the city for maintaining the cleanliness of the dunes!
How about the City take care of the bums begging money out front of stores on 21st street or eating out of the trash cans! How about fixing the roads? etc etc etc. No lets harass homeowners who pay huge property tax bills and have revitalized a once dump into what it is now. it is amazing that those who support the so called system are the ones worse treated. Perhaps if all those who support this machine got together like back when this country was founded and said enough is enough and quit supporting and asked for support then the system would have to be revamped.
Precedent
Norfolk has already set the precedent that you can do what you want and file for the permits after the fact if you get caught. Just ask the Boone family.
Ha HA HA ARROGANT LAND OWNERS
Hay Virginia Beach SEE Norfolk has people just like you living at our beaches too..People who think city property is for themselves.. and no one else..how arrogant you no what is yours and what should be shared..the cities in both cases should go after the homeowners to put things back right...they should also go after any contractors who did work on any of these encroachments..they should no better and in most cases someone knew surveyors should be involved but they took a chance..I guess this chance is back firing...SHAME SHAME SHAME ARROGANTS BRINGS NOTHING BUT SHAME :) Could you just imagine living next to a National Wild life Refuge..wow look at what I own :/
illegal is illegal
If you don't own the land then why build on it. Dunes are protected, if this is allow to continue then what is next. Will be ok for your neighbor to build on your land!!
Taxes
Taxes pay to fix those dunes. So Yeah, lets let the beach dwellers do anything they want and damage the dunes all they can. What's a little more taxes for the rest of us who DON"T live on the beach, but just like to visit the beach sometimes or not. We don't mind PAYING for those who damage the dunes to keep on damaging them. The city will replace the sand and then...The city will just use this as an excuse to raise taxes, AGAIN.
And You Have Been Asleep For A Long Time...
As Rip Van Winkle awoke from a long sleep he noticed that gazebo's, flagpoles, and walkways had been installed over the "protected" sand dunes of Willoughby and wondered how they got there???
Leave them alone
If anyone in Ocean View/Willoughby gets cited, they need to get the lawyer that represented Ronnie Boone. It worked for him. If he can violate the law, then the residents should be allowed to also.