07 NCAC 13H .0402         MANAGEMENT PRINCIPLES

The following management principles shall apply to all dedicated preserves, unless exceptions are expressly provided in the Articles of Dedication:

(1)           the natural character of the property shall be maintained;

(2)           improvements, including building of all types, trails, parking areas, vehicular roadways, signs, fences, steps, and bridges, shall only be constructed when approved by the Secretary or his or her designee as necessary for the security, safety, access of the public or for the maintenance and management of the preserve;

(3)           destruction of flora and fauna shall not be permitted except for the purpose of preserving species and natural communities of concern, or for the purpose of establishing and maintaining public access facilities. In case of either exception, and upon approval of the exception by the Secretary or his or her designee, manipulation of the flora and fauna shall be consistent and compatible with the ecological character of the area and shall not be damaging or detrimental to the preserve;

(4)           no motorized vehicles shall be permitted on the dedicated property other than those utilized by the owner or the owner's agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the preserve;

(5)           no signs, billboards, or other advertising of any kind shall be erected, with the exception of informational and directional signs, designed by the Secretary, owner, or State agency, related to the designation of the area as a preserve or for public access to the preserve;

(6)           no change shall be made in the topography of the preserve except as approved by the Secretary or his or her designee for those alterations that may be necessary to provide on-foot access to the public for visitation or observation, if the change is compatible and consistent with the character of the property, and where no detrimental effect will result;

(7)           no activity shall be allowed that may pollute any stream or body of water in the preserve;

(8)           no stream in the preserve shall be dammed, impounded, or have its course altered as a result of human activity;

(9)           visitor activities shall be controlled to prevent disturbance and environmental degradation of the preserve;

(10)         prescribed fire and necessary fire lines may be used as management tools to maintain or protect the natural community type;

(11)         the cutting or removal of trees, dead or alive, shall be prohibited, except when it is necessary for public safety, as determined by the Secretary, owner, or State agency;

(12)         persons wishing to engage in scientific research or collection of natural materials within a preserve shall first secure written permission from the owner or the State agency;

(13)         when necessary, as determined by the Secretary, owner, or State agency, boundaries of a preserve shall be made evident by placing markers or boundary signs at corners and other strategic locations;

(14)         control of exotic (non-native) species may be undertaken where eradication may be accomplished without disturbance of the area's natural conditions; and

(15)         no other acts or uses that are detrimental to the maintenance of the property in its natural condition shall be allowed, including disturbance of the soil, mining, commercial or industrial uses, timber harvesting, ditching and draining, or depositing waste materials.

History Note:        Authority G.S. 143B-135.256; 143B-135.262;

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0402 Eff. April 1, 2017.