How shellfish leasing works in North Carolina
Shellfish leases in North Carolina are governed by state law and managed by the Division of Marine Fisheries (DMF) under the Department of Environmental Quality.
- The state can issue both bottom leases (on the seabed) and water-column leases (floating gear above the bottom)
- Leases must meet “public interest” standards and cannot interfere with navigation, fishing, or heavily used recreational areas
- No individual or entity can hold more than 50 total acres
- Typical lease sizes range from 0.5 to 10 acres
- Buffers do apply, but not the same way in every situation. Current NC DEQ materials say proposed shellfish leases generally must be 250 feet from developed shorelines and 250 feet from existing leases. In review documents, DEQ staff have also noted that undeveloped shorelines may be subject to a much smaller setback under federal permitting conditions. (Source)
Full program details are available through the NC Division of Marine Fisheries shellfish lease program.
These rules are designed to balance aquaculture growth with public access, navigation, and environmental protection – but applying them in fast-growing areas like Topsail has become more complicated.
What’s happening around Topsail Island
Lease activity in the waters behind Topsail Island has increased significantly in recent years.
- Nearly 190 active leases now exist from the New River south through Topsail Sound
- That represents roughly a 45%+ increase since 2018
- Many new operations use floating cages, which are more visible and occupy the water column
This growth has been partly driven by restrictions in neighboring counties, where moratoriums on new leases have pushed interest into areas like Topsail.
State-maintained mapping tools show lease locations, closures, and environmental overlays through the interactive shellfish leasing map.
Why some residents are raising concerns
Local feedback has centered on how increased lease density affects everyday use of coastal waters.
Common concerns raised at public meetings include:
- Navigation safety – floating cages and markers in shallow channels and sandbars
- Access to fishing grounds – especially for recreational anglers and charter operators
- Congestion – cumulative clustering of multiple leases in the same areas
- Visual impact – gear visibility in otherwise open water viewsheds
- Tourism experience – potential impacts on kayaking, boating, and waterfront enjoyment
Some local operators have pointed to long-used access routes that now overlap with lease areas, raising questions about how “traditional use” is evaluated during approvals.
What shellfish growers and supporters are saying
Growers and aquaculture advocates emphasize a different set of impacts.
- Economic value – local jobs and small business development
- Water quality benefits – oysters naturally filter and improve coastal waters
- Efficient food production – high yield per acre compared to wild harvest
- Regulatory safeguards already exist – including buffers and public hearings
Some argue that limiting leases in one region simply shifts pressure elsewhere, rather than addressing broader planning challenges.
Is a moratorium being considered?
Only the North Carolina General Assembly can impose a formal moratorium on new leases.
There is precedent:
- A 2019 state law temporarily paused leases in parts of southeastern North Carolina
- That moratorium expired in 2021, though extensions have been debated
- Local officials in the Topsail region have formally requested a pause or review period
As of now, no new statewide law has passed in 2026 to halt lease approvals.
What’s happening next
Instead of immediate legislative action, the current focus is on data gathering and planning.
- State agencies and nonprofits are developing GIS-based suitability mapping
- Stakeholder meetings and public hearings are ongoing
- A regional planning effort is underway to guide future lease decisions
Part of that process includes direct public input through a stakeholder survey.
You can share feedback through the Stump Sound shellfish mariculture planning survey.
Why this matters for Topsail
This issue sits at the intersection of several priorities that define the Topsail area:
- Protecting public access to coastal waters
- Supporting a growing coastal economy
- Maintaining the area’s tourism appeal
- Managing long-term environmental health
There is no single outcome yet – and no immediate regulatory change. What’s clear is that decisions made over the next year will shape how these waters are used for decades.
For now, the process remains open, and public input is expected to play a key role in what happens next.
Sources: NC Division of Marine Fisheries, NC General Statutes Chapter 113, Marine Fisheries Commission rules, Coastal Review reporting, and regional planning materials.
