The History

The History of Hatteras Island is as unique as it is beautiful.  Many years ago the picturesque, waterfront areas of Hatteras Island attracted the attention of the National Park Service as the possible site for a national seashore.  In 1937, during the administration of President Franklin Roosevelt, the first national seashore was designated to encourage the development of a tourism economy for an area that was mostly without industry.

The State of North Carolina in an effort to move the project forward created the North Carolina National Seashore Commission in March 1939.  The following year the words “recreational area” were added to the federal enabling legislation to emphasize the intended recreational purpose for the proposed seashore.

From its infancy, “recreation” was clearly the mission, purpose and goal in creating the Cape Hatteras National Seashore Recreational Area. (CHNSRA)

A Promise Is A Promise
The people of Hatteras Island have repeatedly been promised access and guaranteed use of this recreational area.  In 1953, U.S. Department of Interior Secretary Oscar Chapman issued an order directing the acquired land to be “administered, protected, and developed by the National Park Service for national seashore recreational purposes for the benefit and enjoyment of the people.”

Many local residents remember the solemn promise made by former Park Service Director, Conrad Wirth.  In an open letter to the people of the Outer Banks, Wirth assured, “There will always be access to the beach for all people, whether they are local residents or visitors.”  He gave his word to the people of Hatteras that access to the beaches would never be denied in creating this new recreational area. 

How Do You Get There?
Before the Cape Hatteras National Seashore Recreational Area (CHNSRA) was designated, and for many years afterward, there were no paved roads on the island.  Until NC Highway 12 was paved in 1954, the only thoroughfare for traveling from north to south on this narrow island was by driving on the beach.  This sandy roadway was the only link residents had with the county seat of government, hospitals, markets, churches and schools.  In the video library of this website are first-hand stories of residents who remember the time when there were no roads on Hatteras Island and everyone, including school buses, had to drive on the beach as a matter of necessity.  Beach access for people, vehicles and recreational activities became a Hatteras way of life.

Who Supervises the Area
In the early days of the Cape Hatteras National Seashore Recreational Area (CHNSRA) use was enjoyed by local residents and visitors under the capable supervision of the National Park Service.  A good working relationship evolved between the people of Hatteras Island and the National Park Service based upon mutual respect for the environment.

In a 1972 Federal Executive Order, amended by another Order in 1977, the National Park Service was required to publish regulations concerning use of Off Road Vehicles, known as an ORV Management Plan, for all recreational areas throughout the country.  Hatteras residents remember local Park Service representatives discussing aspects of an ORV Management Plan and creating an Interim Management Plan.  This plan effectively utilized the expertise and knowledge of the National Park Service to implement well managed corridors of access inside the Cape Hatteras National Seashore Recreational Area.   This cooperative arrangement was effective for everyone involved – the National Park Service, local residents, and the environment. 

Who has Tried to Limit Access?
In October 2007, two environmental groups filed a lawsuit against the National Park Service over beach access in the Cape Hatteras National Seashore Recreational Area (CHNSRA).  The lawsuit, filed by the Southern Environmental Law Center, was generated by Defenders of Wildlife and the National Audubon Society.  In petitioning the court they sought to further restrict or prohibit beach driving in the recreational area.  This lawsuit has cost taxpayers a considerable sum and threatens to harm a way of life that has existed for generations.

In an effort to protect the residents and visitors of the Cape Hatteras National Seashore Recreational Area (CHNSRA), the Dare County Board of Commissioners stepped forward and asked the U.S. Federal Court, Eastern District for permission to intervene.  Dare County sought to protect against the devastating negative economic impact that would occur if beach access were restricted.

Dare County’s Commissioners wanted local voices to be heard on this important issue and not just the views of environmental groups.  Commissioner Jack Shea warned against those who “have decided that they are better able to decide how to protect the environment and wildlife than residents, visitors and the National Park Service who have an overriding interest to assure that the environment and the marine and terrestrial wildlife will be there forever.”
Later and for similar reasons, neighboring Hyde County would also intervene on behalf of the people of Ocracoke Island, which is included in the Cape Hatteras National Seashore Recreational Area (CHNSRA).

What Happened to the Lawsuit?
After the lawsuit was filed in the United States District Court for the Eastern District of North Carolina Northern Division, intense negotiations began between the United States Attorney representing the National Park Service and the environmental groups.  But, Dare County was not included.  Later, after they established the framework of a settlement among themselves, it was then presented to Dare County who requested changes, which were rejected.

At the last minute Dare and Hyde Counties were presented with a take it or leave it option, and given one hour to decide.  The choice became whether to accept a flawed, unworkable plan or risk total closure of the entire Cape Hatteras National Seashore Recreational Area.

Although Dare County reluctantly agreed to the consent decree, it did so out of practical necessity.  Allen Burrus, Vice Chairman of the Dare County Board of Commissioners and a Hatteras Island business owner painfully remembers, “The consent decree was presented to us as a take it or leave it agreement.  We accepted it because the alternative would have been complete closure of the beaches.  We basically had no choice.”

The consent decree accepted by Judge Terrence Boyle on April 30, 2008 specifies that a final off-road vehicle management plan be implemented by the National Park Service no later than April 1, 2011.  A negotiated rulemaking committee has been appointed in an effort to develop a long term off road vehicle management plan.  Dare County is fully participating in this effort to find practical and responsible solutions that are in the best interest of everyone.  Board of Commissioners Chairman Warren Judge said, “We support the protection of endangered species and respect the rules and regulations meant to protect them.  We also expect the same respect for the men, women and children who wish to use the seashore for recreation which is a long-standing and treasured tradition.”

This website has links to the latest news updates on the negotiated rulemaking process. Latest news