07 NCAC 13C .0407         MOORING BUOYS

(a)  No stakes, poles, or posts shall be driven or placed into the floor of any state lake for any purpose, except to anchor a structure permitted by the Division pursuant to Rule .0301 of this Subchapter.

(b)  No mooring buoy shall be placed outside any posted no wake zone or, where a posted no wake zone does not exist, placed farther than 375 feet from the shore of the waterfront property for which the mooring buoy is permitted in accordance with Rule .0301 of this Subchapter.

(c)  The Division may authorize the temporary placement of mooring buoys for recreational purposes, such as shows, tournaments, and other recreational activities, through the Special Activity Permit process outlined in 07 NCAC 13B .0104.

(d)  Except as permitted in Paragraph (e) of this Rule, waterfront property owners may apply for and hold permits for no more than two mooring buoys.

(e)  Commercial waterfront property owners and homeowner associations may apply for and hold permits for more than two mooring buoys, in accordance with Rule .0301 of this Subchapter. All mooring buoys within the projected property lines of the permit holder must be owned and paid for by the waterfront property owner or homeowner association.

(f)  Mooring buoys are private property that shall be the responsibility of the owner to maintain. Maintaining a mooring buoy shall mean ensuring that the mooring buoy remains in working order, free of rust or damage, and securely fastened to the lake floor.

(g)  In addition to the requirements of Rule .0301(h)(6) of this Subchapter, all permitted mooring buoys shall display the permit holder's full name and phone number at all times or the buoy shall be subject to removal by the Division.

(h)  Transfer of a state lake permit for a mooring buoy shall not be permitted.

(i)  When a state lake permit for a mooring buoy is terminated, the permit holder shall remove the mooring buoy from the state lake.

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0407 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.