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Members of the Kill Devil Hills Board of Commissioners engaged in a discussion at last Monday night’s meeting over a proposed amendment to the town code that would extend the overnight parking ban at public beach accesses. The proposed change would prohibit parking from midnight to 6 a.m., unless a vehicle displays a town-issued permit. The current ordinance restricts parking from 2 a.m. to 4 a.m. under the same conditions.

Originally enacted in spring 2024 in response to public complaints, the two-hour parking restriction aimed to curb the growing issue of overnight use of beach access lots by short-term renters and non-residents. However, recent board discussions raised concerns that the limited window is insufficient and difficult for law enforcement to manage effectively.

Commissioner Terry Gray opened the discussion by sharing his personal observations of beach access points being used as overflow parking for adjacent rental properties. “I went out and looked and saw three vehicles in one access, which was Atlantic and Martin, and I saw a couple in another, and it was pretty clear that they were all of the same tag … so it was evident to me that they were all staying at the house next door,” he said, noting that existing regulations appear too narrow to address the problem. He advocated for consistency across all beach access locations, particularly since other neighboring towns — such as Nags Head and Kitty Hawk — already enforce stricter hours.

Mayor Pro Tem Ivy Ingram echoed these sentiments. “I was doing my list for the community appearance commission, and there were nine cars all from the same house. We watched them all get out of their cars at the same time and walk up over the hill, and walk to their house where they were staying … that was half the [beach] access [parking],” she stated. She asserted that expanded hours would help ensure beachgoers can find parking in the early mornings. “It’s hurting the people who want to go to the beach the next morning and can’t find a parking spot.”

Commissioner B.J. McAvoy strongly opposed the amendment, arguing it penalizes residents rather than addressing the real issue — improper behavior by renters. “This is one step toward having passes on the beach, like New Jersey or Florida,” McAvoy said. “We’re punishing all our residents, basically, for the behavior of visitors … maybe we should put pressure on them [the rental companies] to do what they’re supposed to do.”

McAvoy also criticized the effectiveness of the current permitting system, noting that even he, as a commissioner, had not received a sticker. He warned that expanding the restricted hours would increase the workload for law enforcement and confuse residents. “Twelve o’clock is not late here in the summer,” he said. “We’re talking about punishing night shift workers and late-night beachgoers because we haven’t even enforced what we already passed.”

Town attorney Casey Varnell clarified that while the current ordinance is in effect, no citations have been issued, and enforcement has so far focused on public education. Police Chief Gary Britt confirmed the department’s position, stating, “Our officers have not issued tickets yet. We’ve focused on education first, allowing time for residents to obtain permits.”

McAvoy pushed to delay any changes until the town fully implements and enforces the original ordinance. “We haven’t even given it a chance to work,” he said. “Let’s get the signs up, start enforcement, and revisit this if necessary.”

Town manager Debbie Diaz said signage is ready to be installed and can reflect either the existing 2-4 a.m. window or the proposed midnight-6 a.m. ban, depending on the board’s direction. She emphasized that staff is prepared to support either timeline and enforce accordingly.

Gray moved to direct town staff to install signs at beach access points stating “No parking from midnight to 6:00 a.m. except with town permit sticker,” aligning the restriction with that of 8th Street. He added that enforcement should begin once the signs are posted, as they will clearly inform drivers of the new rule.

The motion passed 4-1, with McAvoy opposed.

In other business, the board scheduled a public hearing for the town’s budget fiscal year 2025/2026 for June 9 at 6 p.m. A budget work session will be conducted on May 28 at 6 p.m.

The board also unanimously adopted the capital project ordinance for the 2027 Kill Devil Hills beach erosion control, flood and hurricane protection project. The ordinance establishes $25,000 in the current fiscal year for design, permitting and professional services, with future increases expected as the project progresses.

In addition, a site plan submitted by Beach Realty and Construction for a 995-square-foot second-floor office mezzanine at 5048 W. Lake Drive (Building 3, Unit W), formerly home to CrossFit Outer Banks, was approved. The addition, located in the Light Industrial-1 zone, involves no exterior site changes and received prior approval from the planning board and Environmental Health Department.

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