DATE: Wednesday, October 1, 1997            TAG: 9710010480

SECTION: LOCAL                   PAGE: B3   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: NAGS HEAD                         LENGTH:   67 lines

WATERCRAFT RENTAL SITE MORATORIUM SOUGHT BY OFFICIALS

Town planning and public safety officials today will recommend a six-month moratorium on new site plans for personal watercraft rental businesses to the Nags Head Board of Commissioners.

Also, Nags Head Police Chief Charles Cameron and Fire Chief Tim Morrison have recommended a ban on adding more of the craft, commonly known by the trade name Jet Ski, to existing businesses during the moratorium.

The board of commissioners meets at 9 a.m. at the town hall. No action is expected on the recommendations.

``We're just providing the board with a review of what has occurred over the last year, and give them an update on the situation,'' Town Manager Webb Fuller said. ``One of the things that the staff is going to push is some type of moratorium.''

Last summer the town asked for an advisory opinion from the North Carolina Attorney General's office concerning the authority local governments have to regulate personal watercraft.

In September, Assistant Attorney General Robin Smith outlined the extent of towns' regulatory powers.

According to Smith's letter:

It is likely that the town could prohibit or further limit use of personal watercraft within certain areas based on environmental concerns or public safety.

Towns can also use their zoning power to regulate the location of vendors. And they may also regulate them indirectly through parking requirements.

It may be possible to regulate personal watercraft rental operations by issuing an equal number of water entry permits for designated water areas, the number to be determined by the town.

The town does not have the authority to ban personal watercraft totally because it would conflict with state law.

Last May, the town approved a prohibition on the operation of personal watercraft or other powered watercraft within 600 feet of the sound or ocean shoreline.

The ordinance also prohibits operators from renting or leasing personal watercraft to anyone under 16 years old. And it placed a 50-foot buffer between personal watercraft operations and non-motorized craft such as sailboards, surfboards and kayaks.

But further action on a moratorium by the Nags Head board is not likely until sometime next year.

``We're looking for a report later this year from the National Transportation Safety Board on Jet Skis,'' Fuller said. ``Then at the end of November, the coastal communities will get together for a meeting, and I'm sure Jet Skis will be discussed.''

Fuller said communities on the southern coast have had a different sort of problems related to the popular watercraft.

``Down South, they've had problems with individual owners as well as environmental concerns,'' Fuller said. ``Here, we've been looking at rental businesses.''

While there have been no fatalities in Nags Head related to personal watercraft, one rider lost a leg after colliding with another personal watercraft.

In other business on today's agenda, the board of commissioners is expected to approve an addendum to the 40-year water agreement between Nags Head, Kill Devil Hills and Dare County.

Last summer, Nags Head approved the amendment, which cleared the way for the sale of emergency water to planned use developments in Currituck County.

However, additional language dealing with a hydrogeological study made it necessary for Nags Head and Dare County to vote again. The county has contracted with a Fort Myers, Fla., firm to do a study on the water supply, at a cost of $153,200.

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