07 NCAC 13C .0102         DEFINITIONS

The following definitions apply to this Chapter:

(1)           "Appliances" means any major electrical, gas, heating, or cooling device including refrigerators, stoves, heaters, freezers, air conditioners, or any other device designed to be permanently situated or attached; Appliances shall not be construed to include lights or boats hoists;

(2)           "Boat" means any vessel equipped with any propulsion machinery, whether or not any such machinery is the principal source of propulsion;

(3)           "Boat Ramp" means any permanent or temporary structure which is placed on the floor of a state lake for the purpose of allowing boats to enter or be removed from a state lake;

(4)           "Boat Slip" means any structure adjoining, attached to, or part of a pier which has the capacity to store one boat;

(5)           "Commercial" means, when applied to any permit issued or application submitted under this Subchapter, that a structure or activity shall be used primarily for gain or profit;

(6)           "Floor Level" means the level of the structure closest to the water;

(7)           "Joint Private" means, when applied to any permit issued or application submitted under this Subchapter, that a structure is in joint ownership between two or more waterfront property owners and constructed on the owner's waterfront property in accordance with Rule .0301(h)(1) of this Subchapter;

(8)           "Major Modification" means replacement of 50 percent or more of the existing structure, or a modification which would change the existing dimensions of the structure;

(9)           "Mooring Buoy" means a device to which a vessel can be moored consisting of

(1)           a closed cell foam buoy with a hard shell,

(2)           a screw anchor capable of attaching to the lake floor,

(3)           a swivel device affixed into the anchoring, and

(4)           chains capable of anchoring the buoy and a vessel;

(10)         "No Wake Zone" means, an area created in accordance with G.S. 75A-15, within which vessels are required to travel at a speed that creates no appreciable wake;

(11)         "Owner" means any person or entity owning, leasing, operating, or having the exclusive use of a structure or any waterfront property;

(12)         "Patio" means any floor area of a pier, whether covered or uncovered, which directly adjoins the shoreline without using a walkway, not including walkways;

(13)         "Pavilion" means any roofed structure erected above the floor level of a pier and which does not directly adjoin the shoreline other than via a walkway;

(14)         "Pier" means an entire structure, permitted under a state lake permit pursuant to Rule .0301 of this Subchapter, leading out from the shore into a state lake, which may include walkways, patios, platforms, pavilions, and boat slips;

(15)         "Pier Agent" means a representative acting on behalf of a homeowner's association, corporation, street association, or in a multiple-owner situation who is the sole contact and authority regarding a permitted structure;

(16)         "Platform" means any floor area of a pier, other than walkways, which does not directly adjoin the shoreline;

(17)         "Private" means, when applied to any permit issued or application submitted under this Subchapter, that such structure shall be used for the primary enjoyment of the owner and his or her personal guests, invitees, tenants, or lessees;

(18)         "Projected Property Lines" means a linear projection of the property boundaries at each of the two property corners touching at the mean high water mark of the shoreline;

(19)         "Public" means, when applied to any permit issued under this Subchapter, a government-owned structure or a structure open to the public with no fee;

(20)         "Seawall" means a wall or embankment erected to prevent the water of a state lake from encroaching on or eroding an area of land;

(21)         "State Lake" means all property up to the mean high water mark, whether covered by water or not, in any body of water identified in Rule .0101 of this Section;

(22)         "Structure" means any pier, seawall, boat ramp, boat stall, mooring buoy, or other object constructed over, upon, or attached to the floor of a state lake;

(23)         "Swim Line" means a line or rope with a series of floatation devices used to delineate an area of surface water for the purpose of swimming;

(24)         "Vessel" means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation or habitation on the water;

(25)         "Walkway" means the floored area of a pier, excluding a patio, platform, pavilion, and boat stall, used for egress and ingress on the pier; and

(26)         "Waterfront Property" means any real property abutting upon a state lake.

History Note:        Authority G.S. 143B-135.16;

Eff. February 1, 1976;

Amended Eff. August 1, 1988; April 4, 1979;

Transferred from 15A NCAC 12C .0102 Eff. April 1, 2017;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018;

Amended Eff. February 1, 2023.