02 NCAC 60b .1002          DEFINITIONS OF TERMS

As used in this Rule the following terms have the following meanings:

(1)           "Bike Trail" means any road or trail maintained for bicycles.

(2)           "Bridle Trail" means any road or trail maintained for persons riding on horseback.

(3)           "Department" means the NC Department of Environment and Natural Resources.

(4)           "Division" means the NC Division of Forest Resources.

(5)           "Educational State Forest" refers to any state forest property operated by the Division of Forest Resources for the purpose of educating schoolchildren and the public.

(6)           "Forest Supervisor" means an employee of the Division of Forest Resources who is a forest supervisor and provides supervision to other DFR employees of the forest.

(7)           "Group" means a number of individuals related by a common factor, having structured organization, defined leadership, and activities directed by a charter or written bylaws.

(8)           "Hiking Trail" means any road or trail maintained for pedestrians.

(9)           "Multi-use Trail" means any trail maintained for use by the following: horseback riding, bicycle or pedestrian.

(10)         "Hunting" means the lawful hunting of game animals as defined by the N.C. Wildlife Resources Commission.

(11)         "Motorized vehicle" means every vehicle which is self-propelled or which is pulled by a self-propelled vehicle (such as a camping trailer, fifth-wheel travel trailer, motor home, travel trailer, and truck camper).  A self-propelled vehicle shall include, but is not limited to passenger automobiles, mopeds, off-road vehicles (ORV), golf carts, motorcycles, mini-bikes, all-terrain vehicles, Segways, and go-carts.  This does not include motorized wheel chairs or other similar vehicles designed for and used by persons with disabilities. (G.S. 20-4.01)

(12)         "Permit" means any written license issued by or under the authority of the Division or Department permitting the performance of a specified act or acts.

(13)         "Permittee" means any person, corporation, company or association in possession of a valid permit.

(14)         "Person" means any individual, firm, partnership, corporation, association, public or private institution, political subdivision, or government agency. (G.S. 113-60.22(4))

(15)         "Public building" means a climate-controlled structure primarily for human habitation or use, and does not include barns, shelters or sheds.

(16)         "Public nudity" means a person's intentional failure to cover with a fully opaque covering the person's genitals, pubic area, anal area, or female breasts below a point from the top of the areola while in a public place.

(17)         "Rock climbing" means traversing a rock face that is steep enough to require the use of hands and feet to get up or down.

(18)         "Secretary" means the Secretary of the Department.

(19)         "State Forest" means any land owned by the State of North Carolina, under the jurisdiction of the Division of Forest Resources, that is sustainably managed under a State Forest Management Plan approved by the Division Director for the purposes of education, demonstration, training, forest research, wildlife habitat, forest products and recreation as identified in the approved forest management plan.

(20)         "State Forest Management Plan" is a plan prepared by a forester of the N.C. Division of Forest Resources and approved by the Division Director.  Such plan shall include management practices to ensure forest productivity and environmental protection of the land to be treated under the management plan.

(21)         "Swimming area" means any beach or water area designated by the Division as a swimming, wading and bathing area.


History Note:        Authority G.S. 106-22; 106-900;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1229 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.