When and where is the Board of Adjustment hearing?

The hearing is May 26, 2026 at 10:00 a.m.; contact Community Development for location details.

What is the RFPE and why does the bathroom need to be above it?

RFPE is the 10-foot flood protection elevation; equipment and certain spaces must be at or above it to reduce flood damage.

How close is the pool deck to the property line and what is required?

The pool deck is 19.21 feet from the southern property line; the required minimum setback is 25 feet.

Public Hearing — 109 Settlers Lane, Duck, NC

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The Town of Duck Board of Adjustment will hold public hearings on May 26, 2026 at 10:00 a.m. on two variance requests: one to keep a ground-level bathroom below the flood protection elevation, and one to retain a pool deck closer than the required setback.

Key Takeaways

Hearing date: May 26, 2026 at 10:00 a.m.
Variance request to keep bathroom below 10-foot RFPE
Variance request to retain pool deck 19.21 feet from property line
Public comments will be received by the Board of Adjustment

Published: May 19, 2026 · 2 days ago
Category: Public Hearing
City: Duck
Address: 109 Settlers Lane, Duck, NC

What to do next

1
Attend the hearing
Go to the Board of Adjustment hearing on May 26, 2026 at 10:00 a.m. to present comments or objections.
2
Contact Community Development
Call or email the Town of Duck Community Development office (contact details in notice) to ask questions or request hearing location and submission procedures.
3
Prepare written comments
Submit written comments before the hearing specifying concerns about RFPE or setback impacts to be included in the record.

Frequently asked questions

When and where is the Board of Adjustment hearing?: The hearing is May 26, 2026 at 10:00 a.m.; contact Community Development for location details.
What is the RFPE and why does the bathroom need to be above it?: RFPE is the 10-foot flood protection elevation; equipment and certain spaces must be at or above it to reduce flood damage.
How close is the pool deck to the property line and what is required?: The pool deck is 19.21 feet from the southern property line; the required minimum setback is 25 feet.

The suggestions and answers above are AI-generated for general information only. They can be wrong, and we don't take responsibility for their accuracy. Talk to a qualified professional before acting on them.

Legal terms in this notice

Regulatory Flood Protection Elevation (RFPE): The minimum elevation (10 feet here) that buildings or equipment must be at or above to reduce flood risk.
Variance: Official permission to deviate from a zoning or code requirement for a specific property.
Setback: Required minimum distance between a structure or feature and the property line.

Full Notice Text

NOTICE
The Town of Duck Board of Adjustment will conduct Public Hearings on May 26, 2026, at 10:00 a.m. to receive comments relating to the following variance applications:
BOV-2026-001 An application submitted by property owner Edward and Debra Scheuermann for a variance to keep a ground level bathroom in an area that is located below the Town of Duck Regulatory Flood Protection Elevation (RFPE) of 10 feet. Town Code Section 150.40(D) requires that all new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment to be located at or above the RFPE.
BOV-2026-002 An application submitted by property owner Wishner Family Partners, LLC by Mark Wishner for a variance of 5.79 feet to retain a concrete pool deck constructed 19.21 feet from the southern property line of their residence at 109 Settlers Lane. Town Code Section 156.030(D) (5) requires a minimum setback of 25 feet from the property line.
You may contact the Community Development Depar