The multi-use path along the Beach Road in Nags Head is 8 feet wide. The path along the bypass is 10 feet wide. In 2023, Nags Head's police chief proposed allowing e-bikes only on paths at least 10 feet wide. That would have kept them on the bypass path and taken them off the Beach Road, according to the Outer Banks Voice. The proposal failed. The width difference is still there, and on Tuesday, December 1, the state gives the town new authority to act on it.
The new law gives Nags Head two specific tools, limits on e-bike classes and speed limits. The town's police chief has said officers have trouble checking either one on that narrow, driveway-heavy path.
What the state law does on December 1
The change comes from House Bill 1094, enacted as Session Law 2026-46. Most of the bill covers a ferry audit and transportation matters. Section 19 rewrites North Carolina's definition of an electric assisted bicycle into three classes:
| Class | How the motor works | Assist stops at |
|---|---|---|
| Class 1 | Assists only while the rider pedals | 20 mph |
| Class 2 | Can move the bike without pedaling | 20 mph |
| Class 3 | Assists only while the rider pedals | 28 mph |
Section 19 also adds a statewide default. E-bikes are permitted on all roadways, bicycle lanes and multiuse paths except where a city or county regulates them, or where the Department of Natural and Cultural Resources regulates them on state park and historic site property. Riders and passengers under 18 on a Class 3 bike must wear a helmet that meets federal safety standards.
The local authority is spelled out in a new section, G.S. 160A-300.2. A city may regulate e-bikes on any multiuse path or sidewalk inside its limits. That includes restricting one or more classes and setting speed limits. A city may also require helmets for riders and passengers under 18 on Class 1 and Class 2 bikes. Counties get the same authority, and the county power does not limit what a city can do. The section takes effect December 1, 2026, and applies to offenses on or after that date.
So December 1 starts the Class 3 helmet rule for riders under 18 and gives Nags Head new authority. It does not write a Nags Head e-bike rule.
The rule on the Beach Road path today
Nags Head's current ordinance makes it unlawful to ride an e-bike "on any multi-use pedestrian path, sidewalk, street, or other public area recklessly or at a speed faster than is reasonably proper, or in a manner so as to endanger the life, limb, or property of the rider or of any other person," as the Outer Banks Voice reported in September. The ordinance has no class limit and no posted speed limit. It sets a standard of reasonable conduct. The full traffic chapter is on the Town of Nags Head's code page.
Police Chief Perry Hale gave the commissioners his view of that path at their September 2 meeting. He pointed to the "number of driveways that connect to the multi-use path" along NC 12 and said officers have seen more near misses than collisions. He also said Nags Head Police cannot monitor e-bike speeds on the multi-use paths. "Whatever decision we make," he said, "we're not going to catch them all," the Voice reported.
A speed limit is one of the two tools the new law names. On the Beach Road path, the chief has said his officers can't measure speed there.
Nags Head tried the location approach in 2023
The question first came before the board three years ago. At the July 5, 2023 meeting, Commissioner Renée Cahoon raised concerns about e-bikes on the town's multi-use paths, especially the Beach Road path. She cited its narrower width and its many driveways and sight obstructions. At the August 2 meeting, Chief Hale proposed allowing e-bikes only on paths 10 feet wide or wider. He said the bypass path "would be more suitable for these devices as there's less foot traffic and not as many driveways."
A resident suggested a speed limit during public comment. Hale said it would be impossible to clock e-bike speeds in Beach Road traffic. He added that telling faster classes from slower ones would mean stopping each rider to check paperwork, the Voice reported. That was the chief's view in 2023 of the class limits and speed limits the state is now authorizing.
The board couldn't agree. Several commissioners said they were cyclists themselves. Mayor Ben Cahoon said he was "really conflicted about this because I love bike culture." Then-Mayor Pro Tem Mike Siers put the problem somewhere else:
"This isn't an e-bike problem. I think it's a people problem. There's no respect or courtesy for anyone else. No matter what rule we put into play, it's not going to affect any of that."
Commissioner Cahoon's motion died for lack of a second. The ordinance stayed as it was, and it is still in effect.
The 2026 proposal goes further
When the issue returned this September, Hale's suggestion went beyond the 2023 width rule. He proposed that the town "do away with E-Bikes on the multi-use path on NC 12," according to the Voice. Both proposals target the same path, and both rely on where a rider is, which an officer can see, not on a bike's class or speed, which an officer can't easily check.
The board held off again. Mayor Cahoon called the decision a "quandary" and said, "I'd like to chew on this more." Commissioner Bob Sanders summed up the tradeoff: "You're weighing public safety against people who are riding their bikes responsibly." The commissioners said they wanted more time and public feedback before changing anything.
Town Manager Andy Garman told the Outer Banks Voice in early November that the matter will be back on the commissioners' agenda "most likely in December or January." Anyone who wants to weigh in on the Beach Road path should watch those two months of agendas.
Each Dare County town is on its own timeline
As of the Voice's November 1 roundup, no Dare County town had amended its e-bike ordinance, and each was on a different schedule:
- Kitty Hawk: Police Chief Michael Palkovics briefed the Town Council on October 28. Town Manager Melody Clopton plans a draft ordinance for a public hearing at the Council's January 2027 meeting.
- Kill Devil Hills: Commissioners discussed options September 14 and again at an October 10 board retreat. Staff is researching what other North Carolina towns are doing, and Mayor Windley is consulting other local mayors "to promote a unified Outer Banks approach."
- Duck: Police Chief Jeffrey Ackerman briefed the Town Council on its options under the new law and will report back later.
- Southern Shores: Town Manager Cliff Ogburn said he expects an ordinance to go before the Town Council "soon."
- Manteo: Town Manager Kevin Brinkley said new e-bike rules are "not in the immediate future."
Kill Devil Hills' push for a unified approach matters most for Nags Head riders. The Beach Road runs through both towns, so for a while the rules on one continuous ride could change at the town line, depending on which board acts first and how.
Some places already have their own rules
Several nearby places already have their own e-bike rules. Dare County prohibited e-bikes in Dare County Parks & Rec parks in April. In June, the Dare County Board of Education barred them on school property and at school-related activities. The new state law also leaves e-bike rules on state parks and historic sites to the Department of Natural and Cultural Resources, not to the towns.
Nags Head's own paths are the open question. The town's ordinance has one standard for every public area: don't ride recklessly, too fast, or in a way that endangers anyone. That standard stays in place on December 1 and will hold until the commissioners vote on something else, most likely in December or January.
This post is general information about public rules, not legal advice. If a rule affects how you or your household rides, confirm the details with the Town of Nags Head or the linked statute.
The paths along the Beach Road and the bypass are part of daily life in Nags Head, and part of what people ask about when they consider owning here. If you'd like to talk through how the Beach Road and bypass areas differ for everyday living, Ashley Massey is happy to help. Let's Connect.
