The Future of Duck’s Public Safety Building

Learn about the current lease situation, why it matters for emergency services, and what the Town is doing to protect public safety.

To keep residents informed, this page provides background on the situation, answers frequently asked questions, and outlines the Town’s efforts to pursue a lawful, long-term solution.

JUMP TO FAQs

WHAT’S HAPPENING?

The Town of Duck’s Public Safety Building, located at 1259 Duck Road, sits on federal land managed by the U.S. Army Corps of Engineers (USACE). While the the building and current license to use the property is owned by the Duck Volunteer Fire Department, Inc., the Town leases the land beneath it. The facility is now in urgent need of replacement, making a stable, long-term lease critical. Since 2017, the Town has worked with the USACE to secure that stability, with discussions over several years pointing toward a 50-year lease agreement.

During lease negotiations, an earlier draft included a cash consideration option; however, the approved USACE lease framework allows only in-kind consideration, which the Town is not permitted to provide under North Carolina law. Then in January 2026, USACE informed the Town that:

  • Only a five-year lease extension would be offered.
  • At the end of five years, the Town would need to vacate and restore the land.

This change was unexpected after years of progress toward a long-term agreement, one of which the USACE had been actively involved in creating.

April 2026 Update

At the April 1, 2026 Town Council meeting, Mayor Thibodeau provided an update regarding the Public Safety Building. The Town made efforts to communicate with upper- level federal leadership and recently received a response from the USACE. Federal officials understand the Town’s situation and share the goal of maintaining public safety services. Additionally, they understand that an “in-kind” agreement will not work for the Town and are now considering a 50- year standard lease option.

The Town continues to consider and review all options, and updates will continue to be shared.

WHY THIS MATTERS

Protecting public safety in Duck

The Public Safety Building is more than just a Town facility. It is a critical part of the emergency response system that protects residents, visitors, and neighboring communities across the Outer Banks.

While the land is owned by the USACE, the building is owned and operated by the Duck Volunteer Fire Department, Inc. and serves as the operational base for multiple emergency response agencies working together to keep the community safe.

Departments operating from this facility include:

  • Fire Department
  • Police Department
  • Surf Rescue
  • Dare County EMS (ambulance placement during summer months)

More than 30 full-time personnel, volunteers, and seasonal lifeguards work from the building throughout the year.

During the busy summer season, when the population of the Outer Banks increases dramatically, these services become even more important. Emergency responders from this facility regularly assist not only within Duck but also support mutual aid responses across the Outer Banks, helping neighboring jurisdictions when additional resources are needed.

Without long-term land security, the Town cannot responsibly invest in building the modern, resilient public safety facility needed to support today’s operations and the growing demands of the region.

QUICK FACTS

YEAR BUILT1982
BUILT BYDuck Volunteer Fire Department
DEPARTMENTS SERVEDFire, Police, and Surf Rescue
STAFF & PERSONNEL30+
CURRENT LEASE STATUSExpired
LEASE EXTENSION OFFERED5 years
CURRENT TOWN INVESTMENT (FOR NEW LEASE)$115,400 spent since 2017

TIMELINE

Despite more than eight years of negotiations, no long-term lease has been finalized. During this time, the facility has continued to deteriorate, and construction costs have increased significantly.

Timeline Highlights

  • 2017–2018: Initial discussions with USACE; Town completed an Environmental Assessment (EA) and paid USACE-required fees totaling $95,000.
  • 2019–2020: Draft EA completed and publicly noticed; process paused while USACE considered retaining the existing building.
  • 2021–2022: USACE expressed interest in the building as an in-kind contribution; lease approval pending from headquarters.
  • 2023–2024: Updated cost estimates increased substantially; appraisals completed valuing the land at $685,000 per acre and the building at $1.56 million.
  • Late 2024: USACE reversed course and declined the building for in-kind consideration, requiring eventual demolition and site restoration at the Town’s expense.
  • 2025: A 50-year lease was approved in concept, but USACE required a new EA due to regulatory changes. In spite of a draft lease containing a cash consideration option, the approved lease allowed only in-kind consideration.
  • Late 2025: Legal opinions confirmed the Town cannot perform in-kind work on federal land under North Carolina law.
  • January 2026: USACE offered only a temporary five-year lease, after which the Town must vacate and restore the site, stating that because a cash lease payment would not directly benefit the USACE facility, the lease is of no value to them.

CHALLENGES WITH THE CURRENT FACILITY

The building was never designed for today’s needs. As Duck has grown, the facility has struggled to keep up with modern operational needs. Current issues include:

  • Mechanical and electrical systems nearing replacement
  • Inadequate apparatus space
  • Limited storage
  • Limited accommodations for female employees
  • Limited classroom and training space
  • Not hardened for storm resilience

These issues are outlined in the federally required Environmental Assessment. Click here for the document.

Renovations have taken place over the years to include:

  • Roof replacement
  • HVAC ductwork improvements
  • Mold remediation
  • Repurposed storage rooms for female employees
  • Converted space for administrative functions

However, the primary challenge is not the building. It is the land lease.

WHAT THE TOWN HAS DONE

Since 2017, the Town has worked carefully and cooperatively with USACE.

Actions taken include:

  • Completed environmental assessment
  • Paid federal processing fees
  • Ordered required property appraisals
  • Adjusted proposals based on federal feedback
  • Explored in-kind consideration options
  • Responded to evolving federal requirements

Town investment so far:

  • $115,400 spent from 2017–2025
  • $60,000 additional costs expected to meet current federal requirements. These costs include environmental reviews, appraisals, professional services, and required federal fees.

ALTERNATIVE SOLUTION

The Town is reviewing recently introduced federal legislation that allows federal land to be conveyed to municipalities for public works use. If up to four acres surrounding the current facility were transferred to the Town, it could:

  • End lease uncertainty
  • Allow construction of a modern facility
  • Protect taxpayer investment
  • Ensure uninterrupted emergency services

WHAT IS THE TOWN FOCUSED ON NOW?

The Town’s goals are simple:

  • Protect public safety
  • Be responsible with taxpayer dollars
  • Secure stable land ownership or a long-term agreement
  • Find a workable solution

If no long-term solution is reached, the Town will eventually have to leave the current location. We are working to identify alternatives that may be suitable for meeting our needs knowing that these would likely force the separation of police and fire functions and result in facilities that are not sized to meet all current and future needs.

FREQUENTLY ASKED QUESTIONS

Since 2017, the Town has been working with the U.S. Army Corps of Engineers (USACE) to secure a long-term lease for the land where the current Public Safety Building is located. As negotiations progressed, the Town anticipated finalizing a long-term agreement that would include a cash payment. However, the USACE ultimately determined that only an in-kind transaction would be acceptable—an option the Town is not permitted to provide under North Carolina law. As a result, the USACE granted the Town a five-year extension on the now-expired lease. At the end of this period, the Town will be required to vacate the property and restore the site to its pre-construction condition.
The building was never designed for today’s needs. It’s overcrowded, outdated, and doesn’t meet modern safety or operational standards per the National Fire Protection Association (NFPA), the Commission on Accreditation for Law Enforcement Agencies (CALEA), and North Carolina Building Code. Examples of operational deficiencies include the lack of a dedicated police evidence room and processing area, inadequate ventilation in the apparatus bay, insufficient space for turnout gear storage and decontamination, and overall space limitations. The facility was originally built for a small volunteer department and now houses nearly 50 full-time personnel.
Renovations and repairs have been made over the years. However, the renovations and repairs aren’t the main concern. The land remains an issue. We can fix the current facility, but we still do not have a place to go after the five- year lease extension.
We can build elsewhere if an appropriate site is identified. In order to keep our departments together, and keep construction costs lower due to the shared spaces both departments use. We need approximately 3 to 4 acres, in the middle of the Town (not the middle of the village) with ample road frontage and site distance. Also, due to the noise associated with training, apparatus maintenance, etc., having a fire facility adjacent to residential uses would be less than ideal. The Herron property could work for police, but it is not properly located for fire nor is it big enough for a combined facility. Additionally, moving the facility from its current, central location may have an impact on the department’s ISO rating and thus insurance rates could rise due to increased response times. An ISO rating, or Public Protection Classification (PPC), is a 1–10 score from the Insurance Services Office measuring a community's fire protection capability.
For the Federal government to sell a portion of the property to us, it would need to be declared surplus and then there would be many other potential users/uses that would have a right of refusal to the land before a local government. This was something that was discussed with the USACE several years ago.
It is generally understood that local governments cannot use eminent domain to seize property owned by the federal government due to the Supremacy Clause of the U.S. Constitution, which establishes federal law and property as supreme. Federal property is immune from local or state condemnation unless Congress specifically authorizes the taking.
An Environmental Assessment (EA) is a federally required study used to evaluate how a proposed project may affect the surrounding environment. As part of the process to secure a long-term lease for the Public Safety Building site, the Town of Duck completed this assessment in accordance with federal requirements. The Environmental Assessment reviewed potential environmental impacts associated with the facility and its continued use. The final report also acknowledged the importance of the Public Safety Building and noted the value it provides to both the community and the U.S. Army Corps of Engineers, reflecting a shared commitment to continued partnership. You can view the Environmental Assessment for the current facility here.
Yes. In 2025, a 50-year lease was approved “in concept.”
Recent appraisals estimated:
  • Land value: $685,000 per acre
  • Building value: $1.56 million
Instead of paying rent in cash, in-kind consideration means providing services or improvements as payment. Legal opinions confirmed that under North Carolina law, the Town cannot perform in-kind work on federal property. That makes this option unavailable.
While a cash payment for the lease was under consideration for several years, in more recent conversation the USACE has indicated that because cash rent would not directly benefit their facility, the lease does not provide value under their current framework. Essentially, because what we would pay to the federal government would not end up being able to be used at their Duck facility, their leadership determined that a lease, and having our facility on the current site, provides no benefit to their operations.
A five-year lease doesn’t provide enough stability to:
  • Borrow money
  • Build a new facility
  • Plan long-term
  • Ensure uninterrupted public safety services
It creates uncertainty instead of solving the problem.  
Yes. Consistent with other introduced federal legislation that would grant federal land to a local government, the Town has been working with our federal legislative delegation to advance a similar grant to the Town of Duck. If up to four acres surrounding the current facility were transferred to the Town, it would:
  • End lease uncertainty
  • Allow a modern, up-to-code public safety building to be constructed
  • Protect taxpayer investments already made
  • Ensure uninterrupted emergency services
Yes. Because the Town has worked to identify space needs and worked with an architect to develop conceptual plans for a new facility, we have effectively shortened the construction timeline to under three years.
If no long-term solution is reached, the Town will eventually have to leave the current location. We are working to identify alternatives that may be suitable for meeting our needs knowing that these would likely force the separation of police and fire functions and result in facilities that are not sized to meet all current and future needs.