The announcement read:

Good Afternoon,

Dates:  January 1, 2024 thru February 15th, 2024.

Beach Driving will be suspended from the west of Doe Drive ramp to the point from the dates of 01/01/2024 through 02/15/2024.

This area of the beach will be unavailable and off-limits to beach driving during the duration of the dredging and beach nourishment project.

We apologize for the inconvenience and appreciate your understanding during the completion of this project. If the project is completed sooner than scheduled, we will re-open this area.

Screenshot:

A significant amount of dredging needs to take place, so hopefully they are done around February 15.

The post Emerald Isle Beach Driving Closed at “The Point” 2024 appeared first on Welcome to Topsail Island.

Save the Sea Turtles!

This vanity plate was crafted in 2002 by Jean Beasley, who was at the time the director of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center. There is a great write up of the license plate’s release over on StarNews Online. A portion of the proceeds goes to this great turtle hospital. Be sure to visit the hospital either in person or online at https://www.seaturtlehospital.org/.

Big Rock

You would have to be living under a big rock to not know what the Big Rock Blue Marlin Tournament is. Did you know that in 2022 one luck team won $5,858,875? Anyways, if you would like a marlin on your license plate, visit the DMV’s website. You can read more about this plate here: https://www.thebigrock.com/big-rock-specialty-plate/.

Core Sound

One way to donate to the Core Sound Waterfowl Museum & Heritage Center is to get their license plate which features the Cape Lookout Lighthouse. For other ways, visit www.coresound.com.

Ducks Unlimited

This is one of my favorite plates, which of course features the Cape Hatteras lighthouse, which reached completion in 1870.

NC Coast:

This specialty plate supports The North Carolina Coastal Federation and was released in 2017. The North Carolina Coastal Federation is a member-supported 501(c)3 that is focused on protecting and restoring the North Carolina coast. Read more about this plate here: https://www.nccoast.org/license-plate/.

Coastal Land Trust:

The mission of the Coastal Land Trust is to enrich the coastal communities of North Carolina through conservation of natural areas and working landscapes, education, and the promotion of good land stewardship.Read more about their plate here: https://coastallandtrust.org/license-plate/.

Buddy Pelletier

The Buddy Pelletier Surfing Foundation in Morehead City is a a 501(c)3 non-profit organization founded by East Coast Surfing Hall of Fame member Buddy Pelletier. There’s a great write up about this surfer’s legacy on StarNews.

NC Aquariums:

New in 2023 is this plate which features a sea turtle, river otter and a sand tiger shark. A portion of the proceeds goes to the N.C. Aquarium Society.

The post North Carolina’s “Beachiest” Custom Beach License Plates appeared first on Welcome to Topsail Island.

North Carolina State Law

North Carolina General Statutes (NCGS) explain where drones are and are not permitted.

It’s a common misconception that recreational drones are not allowed to fly over private property. This is not true. You can fly over private property. No special consent from the homeowner is needed. You can fly a helicopter or an airplane over private property as well.

While it is perfectly legal to fly over private property, North Carolina State Law does prohibit surveillance of private property.

NCGS § 15A-300.1 states:

No person, entity, or State agency shall use an unmanned aircraft system to do any of the following:

(1) Conduct surveillance of:
a. A person or a dwelling occupied by a person and that dwelling’s curtilage without the person’s consent.
b. Private real property without the consent of the owner, easement holder, or lessee of the property.

(2) Photograph an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsgathering, newsworthy events, or events or places to which the general public is invited.

Be Polite!

I don’t know about you but I don’t want a drone hovering over my house. If your drone is traveling to the ocean or you’re taking some pictures of the beautiful island, go for it. But in addition to following the law I hope that all recreational drone operators also use some common  sense and courtesy.

The post Can You Fly Drones over Personal Property in Emerald Isle NC? appeared first on Welcome to Topsail Island.

It depends.

• Most homeowners are going to “do the right thing” and provide a full refund.
• Some agencies are providing refunds during April while we have Stay at Home Orders here in North Carolina.
• Some of the insurers are making ridiculous claims and you will need to take them to small claims court or sue them in an effort to get your refund.

We will talk about May and June in a moment. For now let’s start with April..

April 2020 – No Vacation Rentals at Topsail Island:

Town of Topsail Beach, Surf City and North Topsail Beach are 3 different towns (read: Topsail Beach vs Surf City vs North Topsail).

For the most part… Topsail Island is basically closed for April 2020.

Most rental agencies that I have heard from are providing refunds for this abrupt shutdown.

Here are the details:

• The Town of Surf City has declared a discontinuation of Vacation Rentals from March 25 through April 23. All rental agencies and property owners that rent properties within the Town of Surf City are instructed to have all current renters, with a rental period of less than 3 months’ duration, and their invitees vacate the premises and leave the Town no later than 2:00 p.m. on Wednesday, March 25, 2020. Effective immediately, there will be no new rental occupancies of a duration less than 90 days allowed within the Town. Full details.
• The Town of Topsail Beach has declared a discontinuation of Vacation Rentals from March 23 through April 22. Full details.
• The Town of North Topsail Beach has declared a discontinuation of Vacation Rentals from March 28 through April 25. Full details.

North Carolina Beach Rental Refunds and COVID-19:

It’s that time of the year again, but North Carolina Atlantic Coast property owners have come to a screeching halt in their preparations for beach vacation season. Of course, that’s because it’s also COVID-19 season, and beaches are being shut down by local governments. Vacationers who have rented properties on Topsail Island have been hit hard by these closings. They’ve paid in advance to reserve those rentals, and now, it seems as if the entity that they paid will refund only little or none of that money.

The Deadline:

It seems as if vacationers who have paid in full or placed substantial deposits on Topsail Island rentals  are being told by agencies that refunds aren’t available for renters who paid deposits after January 29, 2020. Consumers don’t know whether that information or disinformation was placed by insurance companies or not. The date seems arbitrary, capticious and premature for purposes of foreseeing that the COVID-19 virus would spread from China to the North Carolina Atlantic Coast at an accelerated pace.

The Foreseeability of COVID-19:

Foreseeability is a legal issue that is usually addressed in personal injury cases, but it also arises in contract cases. North Carolina beach vacation renters are being told by rental insurance companies that if they purchased renter’s insurance, they wouldn’t be compensated for their losses if they purchased that coverage after January 29, 2020, because the proliferation of COVID-19 was a foreseeable event.

What is a Foreseeable Event in the Law of Contracts?

Foreseeability in contract law looks at whether a loss was within the contemplation of the parties at the time that they entered into a contract. That is a matter of the facts surrounding each individual alleged breach. When a North Carolina beach rental contract was entered into is pivotal in determining foreseeability.

North Carolina Beach Closings

Remember in the movie Jaws when the mayor of Amity Island didn’t want to close the beach even though there was strong evidence of shark attacks? The beaches on Topsail Island, NC have now been closed because of COVID-19, and other beaches on the North Carolina coastline are closing rapidly_. These closings are all the result of attempts to contain the spread of COVID-19.

Vacation Rental Legislation

The North Carolina Vacation Rental Act contains provisions in connection with residential vacation rentals, but under the circumstances of COVID-19, beach and other anticipated closings, those provisions aren’t sufficiently detailed. In the context of refunds, the Vacation Rental Act appears to turn on hurricanes as it only addresses a tenant’s right to a refund during mandatory evacuations when the renters are unable to legally occupy the premises. If appropriate insurance was offered by the landlord, there is no obligation for a landlord to refund a deposit, regardless of whether the tenant elected to purchase that insurance. If a tenant can’t occupy a rental premises for reasons other than a mandatory evacuation order, the landlord need not refund any part of a deposit or rent. As the statute fails to define what an evacuation is, any COVID-19 beach closing order would appear to go as far as the tenant’s front door. Unfortunately for the tenants, they’re renting the private premises and not the public beach.

Matters don’t look too promising for the closed beaches opening again in the near future. Expect people to look to North Carolina’s small claims courts for relief. Those are the courtrooms where the issues surrounding the law of contracts and foreseeability will be addressed. At the moment, it is impossible to tell what will happen tomorrow, let alone this summer.

The post Coronavirus COVID-19 and Refunds for Topsail Island Beach Rentals – Insurance Problems and “Foreseeable Events” appeared first on Welcome to Topsail Island.

That’s because there is a government ordered Mandatory Evacuation affecting Topsail Island and other coastal cities of North Carolina. (Reference: Hurricane Dorian: Mandatory Evacuation on Topsail Island)

Mandatory Evacuations and North Carolina Law

States like North Carolina who have both a lot of vacationers and hurricanes have special laws in place to protect tenants such as the North Carolina Vacation Rental Act.

You get a refund if:

• You had no rental agreement, or,
• Your rental agreement says you’ll get a refund, or,
• Your rental agreement doesn’t cover what happens in the event of a natural disaster, Act Of God, or Mandatory Evacuation.

You probably will not get a refund if:

• Your rental agreement states there are no refunds, or,
• You were offered rental insurance when you signed the rental agreement and you did not accept it.

Some rental agreements spell out precisely what happens in the event of a natural disaster and that could include a refund, no refund, or, a partial refund.

This applies to all beaches along the NC coast including North Topsail Beach, Topsail Beach, Atlantic Beach, Oak Island, Wilmington, Emerald Isle, Outer Banks, etc.

AirBNB vs Rental Agency

• Rental Agency: Many of the rental agencies offer trip insurance. If you declined this they’re very likely to give you a hard time about getting a refund or a replacement. Some landlords, like myself, are just nice people and will reschedule your trip. Owning beachfront property is expensive; everyone knows this going in and it shouldn’t ruin your family trip to this beautiful island.
• AirBNB: If you used AirBNB and booked your stay before Hurricane Dorian existed, you qualify for a refund under the Extenuating Circumstances clause of the AirBNB cancellation policy which covers “Significant natural disasters or severe weather incidents impacting the location of destination or location of departure.”

Getting a Refund after Evacuating Affected by Hurricane Dorian

Just because it’s the law doesn’t mean everyone will follow it and you can still get burned even if you had your sunscreen. But, don’t get frustrated. If you need to escalate things just check out my article on how to file a complaint and get your money back here: Realty Agencies Denying Refunds to Topsail Island Tenants After Hurricane Florence.
After I wrote that article, some Raleigh area residents reached out to WRAL who opened an investigation and intervened as well. (Reference: 5 On Your Side helps renters get refunds for missed vacations).

Questions or comments?

Please feel free to email me or post comments below. Here’s what the beach looked like after Florence hit in 2018:

The post Refunds for Topsail Island Tenants Affected by Hurricane Dorian appeared first on Welcome to Topsail Island.