SUBCHAPTER 60B ‑ DIVISION PROGRAMS

 

SECTION .0100 ‑ ADMINISTRATION

 

02 NCAC 60B .0101          COUNTY COOPERATION: FISCAL ASPECTS

The funding provided by each county is negotiated based on available state funds and a percentage rate determined from a tax valuation scale jointly developed by the Department and the North Carolina Association of County Commissioners.

 

History Note:        Authority G.S. 106-22; 106-898; 106-877;

Eff. February 1, 1976;

Amended Eff. October 2, 1978;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0101 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .0102          COUNTY FOREST RANGER EMPLOYMENT

 

History Note:        Authority G.S. 106-22; 106-898; 143B‑10(j);

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0102 Eff. May 1, 2012;

Expired Eff. October 1, 2015 pursuant to G.S. 150B-21.3A.

 

02 NCAC 60B .0103          USE OF DIVISION OF FOREST RESOURCES TRAINING FACILITIES

(a)  The training facilities satisfy the needs of the division and those of cooperating agencies that share parallel program objectives. The training facilities serve the following uses:

(1)           Primary uses:

(A)          local division unit training;

(B)          statewide division meetings; and

(C)          staff conferences called by the director.

(2)           Secondary uses:

(A)          department meetings;

(B)          training meetings of state educational institutions, including such institutions in immediately adjoining states;

(C)          training meetings of local cooperating agencies sharing common program objectives with the division; and

(D)          special uses approved by the director.

(b)  The regional forester, or his designee, shall approve use of the facility in his region.

(c)  The regional forester shall operate and maintain the facilities in his region.

(d)  Units using the facilities shall pay a predetermined fee designed to cover actual cost of material services and based on the type of use.

 

History Note:        Authority G.S. 106-22; 143B‑10(j);

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0103 Eff. May 1, 2012;

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

 

SECTION .0200 - FOREST FIRE CONTROL

 

02 NCAC 60B .0201          BURNING PERMITS FOR FOREST FIRE PREVENTION: CANCELLATION

(a)  Burning permits may be cancelled when it is determined that hazardous forest fire conditions exist or when an air pollution episode exists. The cancellation may be for any part of the State. The boundaries of the area affected by the cancellation shall be county lines or other well-known geographic features such as major highways.

(b)  When the Commissioner determines that hazardous conditions exist, a partial ban on special permits may be declared on the counties where permits are required at all times. During the period of a partial ban on special permits in the counties identified in G.S. 106-942, an forest ranger may cancel or refuse to issue a special permit for individual land clearing burning that constitutes a specific fire hazard. The forest ranger may extinguish fires already burning that constitute a danger to adjoining woodlands.

(c)  When the Commissioner determines that hazardous forest fire conditions exist in any area under the protection of the Department, he or she may cancel all burning permits and prohibit the starting of fires capable of spreading to protected woodlands regardless of the distance to the woodland. This prohibition of burning applies for all hours of the day while the permit cancellation is in effect.

 

History Note:        Authority G.S. 106-22; 106-944; 106-946;

Eff. February 1, 1976;

Amended Eff. October 2, 1978;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 1982;

Transferred from 15A NCAC 09C .0203 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .0202          SUMMONING FIRE FIGHTERS

 

History Note:        Authority G.S. 106-22; 106-899; 143B‑10(j);

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0204 Eff. May 1, 2012;

Repealed Eff. April 1, 2018.

 

02 NCAC 60B .0203          FOREST OWNERSHIP MAPS

 

History Note:        Authority G.S. 106-22; 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0205 Eff. May 1, 2012;

Expired Eff. October 1, 2015 pursuant to G.S. 150B-21.3A.

 

02 NCAC 60B .0204          RURAL FIRE DEPARTMENT FUNDING

The U.S. Secretary of Agriculture allocates funds to the states through the U.S. Forest Service.  The funds for North Carolina are allocated to rural fire departments by the Division of Forest Resources using federal guidelines.  The following procedure is used to allocate grants:

(1)           The division notifies all fire departments listed by the Insurance Commissioner's office of fund availability and of eligibility requirements.

(2)           A staff committee is appointed by the Director of Forest Resources to evaluate and approve requests in conformance with legislative intent of the program as set forth in the National Guidelines promulgated by the U.S. Forest Service.

(3)           All requests are received, evaluated and priorities established using an evaluation system that conform to federal guidelines.

(4)           Upon approval fire departments are notified of the amounts allocated to them from the funds available to North Carolina.

(5)           Fire departments which are not funded are also notified and given reasons why they did not receive an allocation.

 

History Note:        Authority G.S. 106-22; 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0206 Eff. May 1, 2012;

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

 

02 NCAC 60B .0205          PERSONAL INJURY LIABILITY DURING FOREST FIRE CONTROL

 

History Note:        Authority G.S. 106-22; 106-899; 143B‑10(j);

Eff. February 1, 1976;

Amended Eff. October 2, 1978;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984; August 1, 1982;

Transferred from 15A NCAC 09C .0207 Eff. May 1, 2012;

Repealed Eff. April 1, 2018.

 

SECTION .0300 ‑ PEST CONTROL

 

02 NCAC 60B .0301          DETECTION PROCEDURES

The division maintains continuous surveillance to monitor threats and potential threats to the forest from destructive insect and disease organisms.  Landowners and interested parties are notified when such threats occur.

 

History Note:        Authority G.S. 106-22; 106-920; 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Transferred from 15A NCAC 09C .0302 Eff. May 1, 2012;

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

 

02 NCAC 60b .0302          CONTROL ACTIONS AND LIMITATIONS

 

History Note:        Authority G.S. 106-22; 106-920;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Transferred from 15A NCAC 09C .0304 Eff. May 1, 2012;

Repealed Eff. April 1, 2018.

 

02 NCAC 60B .0303          TECHNICAL ADVICE AND ASSISTANCE

The division offers technical advice and assistance on forest pest problems to landowners, firms, municipalities and other state and federal agencies.  Advice and assistance on yard and shade tree pests is given incidental to other program activities and subject to the availability of time.  Yard and shade tree owners are encouraged to seek assistance from qualified commercial operators.

 

History Note:        Authority G.S. 106-22; 106-920; 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Transferred from 15A NCAC 09C .0305 Eff. May 1, 2012;

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

 

SECTION .0400 – FOREST MANAGEMENT

 

02 NCAC 60B .0401          REFERRALS AND LIMITATIONS

The forest management program provides forestry services to landowners and forest product operators in order to bring more forest land into active management. Accomplishment of this objective requires that all sources of assistance be used including those of private consulting foresters and other natural resource professionals. The referrals to consulting foresters and the limitations of the North Carolina Forest Service services are as follows:

(1)           Whenever economic considerations and the landowner's objectives reveal that assistance by a private forester is more beneficial, the landowner shall be referred to a consulting forester or other natural resource professionals. The determination to refer shall be based upon a discussion with the landowner and examination of their forest land. If services needed or desired are not offered by the Department, it shall be recommended to the landowner that a consulting forester be employed. When any referral is made, a list of consulting foresters shall be furnished to the landowner. To be added to the list of consulting foresters, a person shall fill out an application found on the website (http://www.ncforestservice.gov/contacts/pdf/cf/CF_Questionnaire2.pdf) with their name, forestry NC Forester Registration Number, name of firm, mailing address, telephone number, school attended, and forestry activities offered.

(2)           Forest Management services may be limited pursuant to 02 NCAC 60B .0804.

 

History Note:        Authority G.S. 106-22; 106-1002;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0401 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 ncac 60B .0402          TECHNICAL SERVICES

(a)  Technical forestry services shall be provided to forest landowners, forest products operators, and processors upon request. These services consist of the following:

(1)           Services provided without charge:

(A)          examination of a forest tract (accompanied by the owner or agent) where general information is provided;

(B)          recommendation of forest management systems that meet the desires and objectives of the owner, that are compatible with good forestry practices, and that protect the environment;

(C)          practice plan preparation that includes specific recommendations to promote active forest management;

(D)          assistance in locating markets for timber and other forest products (pine straw, chips);

(E)           assistance to operators and processors in locating raw material supplies and markets for their products; and

(F)           quality control checks and inspections of forestry operations.

(2)           Services provided for a fee:

(A)          marking and estimating timber for partial harvest or for other silvicultural purposes;

(B)          custom forestry services such as site preparation, prescribed burning, tree planting, as set forth in G.S. 106-1001(b); and

(C)          forest management and stewardship plan preparation and recommendation of forest management systems that meet the desires and objectives of the owner, that are compatible with good forestry practices, and that protect the environment.

(b)  Services not furnished by the Division. Requests for the following services shall be referred to consulting foresters:

(1)           timber cruises and estimation of timber volume or value made for timber sale or inventory purposes;

(2)           damage appraisals, except by court order;

(3)           trespass investigations, except by court order;

(4)           quotation or establishment of prices on stumpage or cut timber; and

(5)           property line location and marking.

 

History Note:        Authority G.S. 106-22; 106-1001;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0402 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

SECTION .0500 ‑ FOREST TREE SEEDLINGS

 

02 NCAC 60B .0501          PURPOSE

Nursery and tree improvement programs produce and distribute forest tree seedlings to landowners of the state as a part of the forestation program administered by the department.

 

History Note:        Authority G.S. 106-22; 106-1011; 143B‑10;

Eff. February 1, 1976;

Amended Eff. October 2, 1978;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0501 Eff. May 1, 2012;

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

 

02 ncac 60B .0502          TREE SEEDLING PRICES

Tree seedlings are grown in the nurseries for 9 to 48 months, depending upon species, prior to sale.  Seedling and seed prices shall be determined on the basis of estimated costs of production and volume of sales.  The secretary sets seedling prices annually.  Prices shall be listed in printed price list.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; December 1, 1985; October 1, 1984;

Transferred from 15A NCAC 09C .0503 Eff. May 1, 2012;

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

 

02 NCAC 60b .0503          PRICES OF SURPLUS SEEDLINGS AND SEED SOLD TO OTHER STATES

The director may sell surplus forest tree seedlings or seed to other states at a negotiated price based upon the price structure of the purchasing state when he determines that such action is in the best interest of the State of North Carolina.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Transferred from 15A NCAC 09C .0505 Eff. May 1, 2012;

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

 

02 NCAC 60B .0504          REDUCTION OF ORDERS AND ESTABLISHING APPLICATION DEADLINES

(a)  When the director anticipates a shortage in tree seedling or seed supply, he may place a maximum limit on the numbers of trees available to each applicant and may establish deadlines for receipt of seedling applications.

(b)  The division shall notify applicants in writing of reduced orders.

(c)  The division shall notify applicants of application deadlines through its field organizations.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 09C .0506 Eff. May 1, 2012;

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

 

02 NCAC 60B .0505          CUSTOM SALE OF TREE SEEDLINGS

Applicants may order tree seedlings prior to the sowing of seed in the nursery.  The nursery and tree improvement forester may accept such custom orders.  The Nursery and Tree Improvement Forester shall evaluate each request for custom orders, considering the nursery production capacity and capability to fulfill the request.  A review of past credit payment records or credit reference shall be conducted prior to executing a custom sales agreement.  The Director shall require 50% of the contract price, non-refundable, at the time the custom agreement is executed when he has reason to believe that economic conditions may cause a default in purchase of total contracted number of seedlings.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0507 Eff. May 1, 2012;

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

 

02 ncac 60b .0506          APPLICATION FOR TREE SEEDLINGS OR SEED

Applicants for forest tree seedlings or seed shall complete a seedling or seed order form or other means developed by the Division.  These can be obtained from the department; the division's local offices or from the Division's Webpage.  The form includes information concerning species, prices, terms of sale, delivery dates, types of applicant ownership, and uses of trees.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0508 Eff. May 1, 2012;

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

 

02 NCAC 60B .0507          PAYMENT FOR TREE SEEDLINGS

All applications shall include full payment unless the nursery and tree improvement forester has approved the applicant's credit after a review of the applicant's past credit payment record or credit reference.

(1)           If the applicant has no record of default or late payment, no deposit shall be required.

(2)           If there is a history of late payment of invoices, a 25% deposit of the total sales price shall be required.

(3)           If there is a history of non-payment of invoices, credit shall not be approved without a letter of credit from a financial institution and shall require a 50% deposit of the total sales price.

(4)           If there is no past payment history a letter of credit from a financial institution shall be required.

The Director shall waive collection of under payments of five dollars ($5.00) or less and refunds of over payments of five dollars ($5.00) or less, unless a refund is requested.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Amended Eff. October 5, 1977;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; August 1, 1988; October 1, 1984;

Transferred from 15A NCAC 09C .0510 Eff. May 1, 2012;

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

 

02 ncac 60B .0508          FORFEITURE OF PAYMENT FOR LATE CANCELLATION

The division must guarantee sales in advance because tree seedling nurseries must cover costs of production from seedling sales.  Therefore, any orders cancelled after December 31 for bareroot seedlings and September 1 for container seedlings shall result in forfeiture of total payment by the applicant.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Amended Eff. October 5, 1977;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; August 1, 1998; October 1, 1984; January 15, 1981;

Transferred from 15A NCAC 09C .0511 Eff. May 1, 2012;

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

 

02 ncac 60B .0509          DISPOSITION AND PROCESSING OF TREE SEEDLING ORDERS

The Division shall fill all tree seedlings orders as received and shall notify applicants when depleted seedling supply prevents acceptance or completion of their orders.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Amended Eff. March 21, 1980; October 5, 1977;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; August 1, 1988; December 1, 1985; October 1, 1984;

Transferred from 15A NCAC 09C .0512 Eff. May 1, 2012;

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

 

02 NCAC 60B .0510          AUTHORITY TO PRODUCE CHRISTMAS TREE SPECIES

(a)  The division produces seedlings of Fraser fir and other species suitable as Christmas trees in its nurseries.

(b)  The division will sell Fraser fir seedlings to applicants for planting in counties that are ecologically suitable.  These counties are:  Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, and Yancey.

(c)  For experimental planting, the division will sell Fraser fir seedlings to applicants in any county of the state.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B‑10;

Eff. February 1, 1976;

Amended Eff. October 5, 1977;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 1988; October 1, 1984;

Transferred from 15A NCAC 09C .0513 Eff. May 1, 2012;

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

 

02 ncac 60B .0511          EXCHANGED AND DISTRIBUTION OF CLONAL MATERIAL

The division may release clonal material, vegetative cuttings made from any seed orchard or from genetically improved trees, when the Forest Management and Forest Development Section Chief, determines that such release furthers the state's tree improvement program.  The following procedures govern release:

(1)           Written requests state the intended use of the material.

(2)           The person making the request agrees to comply with all quarantine regulations in the shipment of the material.

(3)           The person making the request agrees not to release any material to a third person.

(4)           Before the release of material, the person requesting material must have an orchard management plan approved by a college of forestry or Division of Forest Resources forest geneticist.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0515 Eff. May 1, 2012;

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

 

02 NCAC 60b .0512          STORAGE FEES

(a)  Seedlings - The Director shall charge a storage fee for containerized seedlings stored after December 15th and bareroot seedlings stored after May 15th when storage coolers are at 80% or greater capacity.  The storage fee shall be a monthly fee of 1.5%, or a prorata share thereof, of product value as per current published price list, assessed on the value of the seedlings left in storage after the above dates.

(b)  Seed - The Director shall charge a storage fee if seeds are stored for a period of longer than 30 days.  The storage fee shall be a monthly fee of ten cents ($.10) per pound of seed.  The Director shall waive this fee if the seeds are stored for custom seedling production.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. August 1, 2002;

Transferred from 15A NCAC 09C .0516 Eff. May 1, 2012;

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

 

02 ncac 60B .0513          HUNTING

Hunting restricted.  No person shall hunt any wild bird or wild animal on state nursery property, orchard sites or seed production areas except for:

(1)           predator control under the direction of the nursery supervisor or tree improvement supervisor; and

(2)           those areas enrolled in game lands.

In those cases where hunting is authorized, firearms shall be restricted to shotguns and archery.

 

History Note:        Authority G.S. 106-22; 106-878(c); 143B-10;

Eff. August 1, 2002;

Transferred from 15A NCAC 09C .0517 Eff. May 1, 2012;

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

 

SECTION .0600 ‑ CUSTOM FORESTRY SERVICES

 

02 ncac 60B .0601          DEFINITION OF TERMS

As used in this Section "custom forestry services" means silvicultural practices designed to enhance forest and wildlife habitat conditions that the Division of Forest Resources (Division) performs for a fee.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B-10;

Eff. February 1, 1976;

Amended Eff. October 2, 1978;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0602 Eff. May 1, 2012;

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

 

02 NCAC 60B .0602          APPLICATION FOR SERVICES

Persons may apply for custom forestry services directly to local offices of the division.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Transferred from 15A NCAC 09C .0603 Eff. May 1, 2012;

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

 

02 NCAC 60B .0603          FEES FOR SERVICES

 

History Note:        Authority G.S. 106-22; 106-1001;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0604 Eff. May 1, 2012;

Repealed Eff. April 1, 2018.

 

02 NCAC 60B .0604          CONTRACTS FOR SERVICES

The Department shall provide services under contracts stipulating fees, performance standards, liability, and cancellation terms. Three types of contractual services exist:

(1)           landowner contracts executed when the Department performs services for individual landowners or agencies;

(2)           rental contracts executed when the Department rents specialized forestry equipment to contracting firms, companies, or individuals; or

(3)           sub-contracting contracts shall be executed when the Department sub-contracts custom services to sub-contractors.

 

History Note:        Authority G.S. 106-22; 106-1001;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0605 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 ncac 60B .0605          AUTHORITY TO SUB-CONTRACT CUSTOM SERVICES

Custom services shall be sub-contracted to a third person when the Director deems the action in the best interest of the State to promote participation of private enterprise in custom forestry services, to expedite work accomplishment, and to expand the custom forestry services capability of the Division.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B-10;

Eff. February 1, 1976;

Readopted Eff. November 6, 1980;

Amended Eff. August 1, 2002;

Transferred from 15A NCAC 09C .0606 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

SECTION .0700 – FOREST DEVELOPMENT PROGRAM

 

02 NCAC 60B .0701          ADMINISTRATION OF PROGRAM

(a)  The manner and requirements of making application for cost sharing funds pursuant to the Forest Development Act are as follows:

(1)           Any eligible landowner may apply for program cost sharing funds.

(2)           Application may be made by completing application forms furnished by the Division and returning it to one of the field offices of the Division. An approved forest management plan relating to the application shall be on file with the North Carolina Forest Service before the application may be accepted. Applications shall include identifying information from the landowner and consultant, a description of the practices needed, acres needed, prevailing rate, and a performance report.

(b)  The Commissioner or his or her designee shall approve completed applications. Funds shall be allocated from the Forest Development Fund to the landowner for cost sharing on a "first come, first served" basis, determined by the date of receipt of the application in the North Carolina Forest Service office in Raleigh, and until all available funds are encumbered. Applicants who start or complete their project without prior approval shall not be eligible to receive funding.

(c)  At the beginning of each fiscal year, the Commissioner may designate a portion of funds for practices designed to encourage reforestation at reduced costs or for other special purposes in designated areas. The designations shall be for the current fiscal year only. Funds may be designated for a "Plant-Only" allocation and for a "Mountain Area" allocation. The amount of these allocations shall be based on the prior year's demand for these allocations, however, any increase of these allocations shall not exceed 50% of the previous year's allocation. The determination to designate funds by the Commissioner shall be made in writing not less than three months prior to beginning of the fiscal year for which funds are designated.

(d)  Funds shall be allocated for replanting previously approved projects, when planting failure is the result of environmental or other conditions beyond the control of the landowner. Requests for replanting shall be made in the same manner as new requests and shall be approved in the order received.

(e)  G.S. 106-1016 limits a landowner to 100 acres of cost share funding approval per fiscal year. Cost share paid out in any one fiscal year may include funds approved in previous fiscal years.

(f)  Cost-Sharing Payment to Landowner. Cost-sharing payments shall be made upon certification by the Division of satisfactory completion of the practice(s) as prescribed in the management plan. Determination of satisfactory completion shall include an assessment of the proper use of approved practices in relation to the silvicultural need of land, installation of appropriate best management practices to insure soil protection and water quality, and assurance that the installed practice is in compliance with any environmental regulations found in Article 4, G.S. 113A.

(g)  Withdrawal of Allotted Funds

(1)           Funds allocated to an eligible landowner may be withdrawn at the end of the first fiscal year following the year in which the funds were allotted if no work has been started. The landowner shall provide sufficient documentation to the Division for funds availability to extend into a second year.

(2)           Funds allocated may be withdrawn at the end of the second fiscal year following the year of allocation if the practice has not been completed.

(3)           Funds paid as "partial payment" must be repaid to the Forest Development Fund if the project is started but not completed within the allotted time.

(4)           Extensions. A 12-month extension may be granted by the Division if the project cannot be completed due to adverse natural causes or unavailability of contractors to conduct practices.

Eligible landowners may appeal disagreements, disapproval of applications, or decisions on unsatisfactory completion of silvicultural or environmental practices.

 

History Note:        Authority G.S. 106-22; 106-1010; 106-1011; 106-1015; 106-1018;

Eff. August 8, 1978;

Amended Eff. August 1, 2002; July 1, 1986; October 1, 1984; August 1, 1982; January 15, 1981;

Transferred from 15A NCAC 09C .0902 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .0702          APPROVED PRACTICES and Sub-Practices

The following practices and sub-practices are eligible for cost-share payments:

(1)           Site Preparation. Preparation of a site for planting, seeding, or natural regeneration of a commercial forest tree species. Site preparation may be accomplished by the following sub-practices used singularly or in combinations:

(a)           Burning. The use of prescribed fire for the purpose of site preparation;

(b)           Chopping. The use of a machine-pulled chopper to crush and chop non-merchantable trees, brush, and other debris for the purpose of site preparation;

(c)           Discing. The use of a machine-pulled disc to crush and destroy non-merchantable trees, brush, and other debris for the purpose of site preparation;

(d)           KG/V-Blade Shear. The use of a sharp-edged, angled blade (KG or V-Blade) mounted on a tractor to shear non-merchantable trees and brush for the purpose of site preparation;

(e)           KG and Pile. The use of a sharp-edged, angled blade (called KG-Blade) mounted on a tractor to shear non-merchantable trees and brush for the purpose of site preparation; this sheared material and other debris are pushed into piles or windrows;

(f)            Rake & Pile. The use of a toothed, rake-type blade mounted on a tractor to push logging debris, but not roots or soil, into piles or windrows;

(g)           Bedding (Single or Double). The use of a bedding plow pulled by a tractor to prepare a bed or ridge for the purpose of site preparation;

(h)           V-Blade Bedding. The use of a sharp angled blade (not a KG-Blade) mounted on a tractor to shear non-merchantable trees and brush and a bedding plow pulled by a tractor to prepare a bed or ridge for the purpose of site preparation in a single pass operation;

(i)            Furrowing. The use of a plow pulled by a tractor to prepare a shallow trench or furrow to reduce competing vegetation for the purpose of site preparation;

(j)            Chemical Control-Site Preparation. The use of aerial or ground chemical applications to reduce competing vegetation for the purpose of site preparation; or

(k)           Other. The use of hand tools or other machines to destroy or reduce competing vegetation for the purpose of site preparation.

(2)           Tree Planting or Seeding. Planting seedlings or applying seed to establish a commercial forest stand includes the following:

(a)           Hand Planting. The use of planting bars or other hand tools to plant forest tree seedlings;

(b)           Machine Planting. The use of a planting machine to plant forest tree seedlings; or

(c)           Machine Plant – Chemical. The combined use of a planting machine to plant forest tree seedlings and application equipment to apply herbicides to reduce competing vegetation in a single pass operation.

(3)           Tree Planting Followed by Site Preparation. Tree planting followed by the use of a herbicide treatment; within one year after planting.

(4)           Release of Seedlings. Reducing or eliminating unwanted vegetation that is competing with the established reproduction of desired tree species to ensure adequate regeneration (at least 300 seedlings) of a commercial timber species. Release of seedlings may be accomplished by one of the following treatments:

(a)           Chemical Control-Release. The use of herbicides, applied from the air or ground, to reduce competing vegetation for the purpose of releasing desirable reproduction; or

(b)           Mechanical Control. The use of hand tools or machines to reduce competing vegetation for the purpose of releasing desirable reproduction.

(5)           Forest Stand Improvement. Practices that improve tree growth and overall forest health to insure maximum growth potential of forest stands to commercial production levels. The practices listed in this Subparagraph and approved for reimbursement will improve immature forest stands for silvicultural purposes:

(a)           Understory Release. Complete removal or deadening of older trees or saplings that have no merchantable value, to improve growing conditions for desirable tree species;

(b)           Release of Seedlings. A mechanical or chemical treatment designed to free young trees from undesirable, usually over-topping, competing vegetation;

(c)           Cull-tree Removal. Complete removal or deadening of trees having no merchantable value because of defects or inferior species. Differs from understory release in that removal is to favor growth on remaining established poles and small sawtimber of better quality and species. This treatment is used only in stands beyond the sapling size class;

(d)           Crop Tree Crown Release. Removal or deadening of cull trees and other undesirable trees to release the crowns of crop trees with commercial value. Crop trees are high value species, which are dominant or co-dominant in position and are well-formed and free of major forest insects and diseases. Cull trees are trees that have little or no economic value due to poor form or presence of insects or disease. Less desirable trees have poorer growth characteristics or are in poorer condition than the crop trees;

(e)           Non-Commercial Thinning. A felling, deadening, or removal of immature trees in a stand (predominately seedlings and saplings) that reduces the stem density to accelerate growth and improve the health and form of the remaining trees;

(f)            Prescribed Burning. The use of fire in a manner that provides silvicultural or forest health benefits; or

(g)           Forest Fertilization. The addition of nutrient elements to the soil at establishment or mid-rotation to overcome nutrient deficiencies to increase tree growth rates on appropriate sites.

 

History Note:        Authority G.S. 106-22; 106-966; 106-1011; 106-1013; 106-1018;

Eff. August 8, 1978;

Amended Eff. November 1, 2006; August 1, 2002; October 1, 1984;

Transferred from 15A NCAC 09C .0903 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

SECTION .0800 ‑ URBAN AND COMMUNITY FORESTRY

 

02 NCAC 60B .0801          DEFINITIONS

Unless the context otherwise requires, the terms as used in this Section are defined as follows:

(1)           "Urban and community forestry" can be defined as the protecting, developing, and managing groups or stands of trees and related plant communities in suburban or metropolitan areas to:

(a)           enhance the natural beauty;

(b)           help abate city noises;

(c)           modify local temperatures;

(d)           help reduce air pollution;

(e)           provide natural areas for recreation;

(f)            provide food, cover, and habitat for wildlife;

(g)           help maintain watersheds for quantity production of quality water;

(h)           reduce soil erosion and stream sedimentation;

(i)            efficiently utilize forest products produced in the urban areas;

(j)            provide protection from insects, diseases and other harmful agents;

(2)           Community and Urban Area Recipients.  Qualifying municipal and local governments with a population of less than 50,000 according to the latest census known to the urban area or community, and settlements containing 100 or more families who:

(a)           express an interest in program discussion,

(b)           establish a local tree ordinance, and

(c)           appoint a tree board;

(3)           Public Recipients.  Recipients include federal and state agencies and educational institutions;

(4)           Private Recipients.  Private organizations; utilities; private corporations and consultants; contractors, developers and owners of residential and commercial property; homeowner associations; individual homeowners and tenants may receive technical services through the tree board;

(5)           "Secretary" shall mean the Secretary of the Department of Natural Resources and Community Development;

(6)           "Department" shall mean the Department of Natural Resources and Community Development;

(7)           "Program" shall mean the urban and community forestry program as defined and described in this Section;

(8)           "Tree board" shall mean local governing body, tree board, appearance committee or other official group assigned jurisdiction for administration of a tree ordinance by the local governing body;  It may be a committee, sub‑committee or other official group with similar interests.  A tree ordinance will totally or in part delineate requirements for street trees, place regulatory power over street trees on the lands of the municipality, set protection standards for maintenance and care of trees, govern private trees deemed a nuisance or a hazard to adjacent private or public property, and serve as a policy statement for the community or urban area.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10(j);

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1001 Eff. May 1, 2012;

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

 

02 NCAC 60B .0802          OBJECTIVE

The objective of the urban and community forestry program is to provide technical assistance and services with respect to the protection, improvement, management, establishment and utilization of trees and shrubs in urban areas, communities and open spaces for the improvement of the beauty and livability of the urban environment.  This requires that all avenues of assistance be used, including other governmental agencies, industry and the private sector, and that certain limitations be imposed on services offered.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10(j);

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1002 Eff. May 1, 2012;

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

 

02 NCAC 60B .0803          ORGANIZATION

(a)  This program is administered by the department's division of forest resources.  Personnel administering the program may be contacted at:

(1)           P.O. Box 27687

Raleigh, North Carolina  27611

(2)           Street address:  512 North Salisbury Street

Raleigh, North Carolina.

(b)  The program will cooperate with and complement the department's ongoing program of local planning and management provided through the division of community assistance.

(c)  Services may be provided by other public agencies when it is in the best interests of total program and total service delivery to complement the program and obtain assistance from other agencies.  Specific opportunities exist to obtain assistance from forestry extension, and possibly other agencies.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10(j);

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1003 Eff. May 1, 2012;

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

 

02 NCAC 60B .0804          LIMITATION OF SERVICES

(a)  The Commissioner or designee may limit services to a designated number of person days per year taking into account factors such as the number and priority of outstanding requests and resource availability.

(b)  Certain services shall not be furnished. These are:

(1)           acting as legal agent for recipients of program technical services;

(2)           providing land or boundary surveys or title search assistance;

(3)           performing appraisals involving the sale or exchange of real property;

(4)           assistance that exceeds limits established in Paragraph (a) of this Rule; or

(5)           enforcing state or local laws and regulations.

 

History Note:        Authority G.S. 106-22; 106-1001; 106-1011;

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1004 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .0805          PROCEDURES

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10(j);

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1005 Eff. May 1, 2012;

Repealed Eff. April 1, 2018.

 

02 NCAC 60B .0806          TECHNICAL ASSISTANCE AND SERVICES

Division of forest resources' personnel will provide technical assistance and services in the following areas:

(1)           Planning.  Assistance will include conducting street tree inventories and crown analyses as a basis for developing plans for propagation, planting and transplanting, maintenance, protection, removal, and utilization of urban trees.  Assistance will also include guidance in development of ordinances and coordination with other agencies or individuals who may contribute to the total effort;

(2)           Insect and Disease Management.  Detection, evaluation, prevention and/or suppression of insects, diseases and other hazards affecting trees and shrubs in urban areas;

(3)           Planting.  Selection of species, determinations of spacing and location, and training in methods and techniques of planting and transplanting;

(4)           Maintenance and Care.  Advice and training in the proper maintenance of trees and shrubs, including watering, fertilizing, pruning, mulching, and the use of systemics and growth regulators;

(5)           Development of Forest Land.  Technical advice for the protection of environment during construction for residential, commercial, industrial, and public use; Advice will include factors affecting woody plants such as drainage patterns, erosion, excavations, fills, and mechanical damage.  Assistance will also include recommendations for plantings to minimize erosion, provide noise and wind buffers, provide shade and screening, enhance wildlife habitat, and improve environmental quality by other means;

(6)           Sanitation and Utilization.  Technical assistance concerning removal of trees, referrals to tree removal services and advice on disposition of the felled trees;  Technical assistance will also include advice concerning utilization and marketing of logs, fuelwood chips and other wood and paper waste.  Technical advice may also include the effective use of wood material as an energy source.

 

History Note:        Authority G.S. 106-22; 106-1001; 143B‑10(j);

Eff. August 8, 1978;

Transferred from 15A NCAC 09C .1006 Eff. May 1, 2012;

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

 

02 NCAC 60B .0807          AMERICA THE BEAUTIFUL GRANT PROGRAM

 

History Note:        Authority G.S. 106-22; 143B‑10(j);

Temporary Rule Eff. May 31, 1991 for a Period of 180 Days to Expire on November 27, 1991;

ARRC Objection Lodged June 21, 1991;

Eff. November 1, 1991;

Transferred from 15A NCAC 09C .1007 Eff. May 1, 2012;

Expired Eff. October 1, 2015 pursuant to G.S. 150B-21.3A.

 

SECTION .0900 – N.C. PRESCRIBED BURNING ACT

 

02 NCAC 60B .0901          BURNER CERTIFICATION

The North Carolina Forest Service, shall conduct a Certified Burner program composed of the following:

(1)           A candidate shall attend and complete a prescribed burn school consisting of instruction on: The Prescribed Burning Act, weather, fuels, smoke management, firing techniques and planning, executing and mopping up the burn; a field trip to examine burn sites before and after burning; and a written test.

(2)           In order to be certified, a candidate, shall conduct a prescribed burn under the observation of a certified burner. The candidate shall submit to NCFS a completed NCFS Certified Burner checkoff sheet with name, address, email address, county, phone number, date and location of prescribed burn school attended, and burn observation. The checkoff sheet shall be signed by a Certified Burner and may be found at http://ncforestservice.gov/fire_control/pdf/NC_Certified_Burner_Certification_Checkoff_Sheet.pdf.

(3)           Successful candidates shall receive both a numbered certificate and pocket card.

 

History Note:        Authority G.S. 106-22; 106-969; 106-1001; 106-1011;

Temporary Adoption Eff. January 12, 2000;

Eff. April 1, 2001;

Transferred from 15A NCAC 09C .1102 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .0902          FOREST LAND

G.S. 113 Article 4E and the rules in this Section only apply to the burning of forest lands as defined below.  Forest land is land 10% or more stocked with trees, including land which formerly had tree cover that will be reforested.  Minimum size for forest land is one acre.  Minimum strip width is 120 feet.  This act does not apply to brush piles, windrows or land clearing debris.

 

History Note:        Authority G.S. 106-22; 106-969; 106-1001; 143B-10;

Temporary Adoption Eff. January 12, 2000;

Eff. April 1, 2001

Transferred from 15A NCAC 09C .1103 Eff. May 1, 2012;

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

 

02 NCAC 60B .0903          PRESCRIPTION FILING

Prior to each prescribed burn, the burner must file a copy of the fully completed prescription for that burn with an employee of DFR.  This employee shall note the date and time the prescription was received, sign the prescription and forward it to the local DFR district office.  DFR shall retain these prescriptions for five years.

 

History Note:        Authority G.S. 106-22; 106-969; 106-1001; 143B-10;

Temporary Adoption Eff. January 12, 2000;

Eff. April 1, 2001;

Transferred from 15A NCAC 09C .1104 Eff. May 1, 2012;

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

 

Section .1000 - DUPONT STATE FOREST

 

02 NCAC 60B .1001          SCOPE

(a)  This section coordinates the use of all North Carolina's State Forests and Educational State Forests into one combined set of rules.  This is in keeping with the Division of Forest Resources mission to develop, protect and manage the multiple resources of North Carolina's forests through professional stewardship, enhancing the quality of life for our citizens while ensuring the continuity of these vital resources.  Educational State Forests and other State Forests will each have a mission statement and will be sustainably managed under a State Forest Management Plan.

(b)  All North Carolina Educational State Forests and State Forest rules are effective within and upon the properties defined as Educational State Forests and State Forests under the jurisdiction of the Department.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1228 Eff. May 1, 2012;

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

 

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.

 

02 NCAC 60B .1003          PERMITS

(a)  Any violation of the permit constitutes grounds for its revocation by the Department. In case of revocation the permit holder shall forfeit to the Department all money for the permit. Furthermore, the department shall consider the permit holder, together with his agents and employees who violated such terms, jointly and severally liable to the Department for all damages suffered in excess of money so forfeited. However, neither the forfeiture of such money, nor the recovery of such damages, nor both, relieves such person from statutory punishment for any violation of a provision of any State Forest, State recreational forest, or Educational State Forest rule.

(b)  Applications for commercial use permits shall be made through the State Forest, Recreational State Forest, or Educational State Forest office during business hours, which may be found at http://www.ncesf.org/, and approved by the Forest Supervisor or his or her designee in advance of the act permitted. The commercial use permit application shall include the company or organization name, address, contact with title, phone number, fax number, email address, description of the activity or the event with the location to be permitted, access areas to be used, timeframe of the activity or event, estimated number of participants, liability insurance, and medical plan.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1230 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1004          ROCK OR CLIFF CLIMBING AND REPELLING

A person shall not engage in rock climbing, cliff climbing, or rappelling within the boundaries of a state forest, State recreational forest, or Educational State Forest, except at designated areas and only after obtaining a permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1231 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1005          BATHING OR SWIMMING

(a)  A person shall not dive or jump from any waterfalls or rocks or overhangs into any body of water.

(b)  A person shall not wade, bathe, or swim in any body of water in an Educational State Forest, except in designated swimming areas.

(c)  A person may wade, bathe, or swim at his or her own risk in any body of water in any State Forest, except within 300 feet upstream of the top of a waterfall, and in other designated non-swimming areas.

(d)  Public Nudity:

(1)           Public nudity is prohibited in all State Forest, State Recreational Forest, and Educational State Forest lands or waters. This Rule does not apply to the enclosed portions of bathhouses, restrooms, tents, and recreational vehicles.

(2)           Children under the age of five are exempt from this restriction.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1232 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1006          HUNTING

(a)  A person shall not hunt on any Educational State Forest lands without obtaining a permit and must obey all State hunting laws set forth in G.S. 113 and rules in effect.

(b)  A person may hunt on a State Forest or State recreational forest that is in the Game Land program if the person obtains a Game Land permit from a NC Wildlife Resources Commission designated licensing agent and obeys all State hunting laws set forth in G.S. 113 and rules in effect for the applicable Game Land, pursuant to 15A NCAC 10D .0102 and .0103, which are incorporated by reference including subsequent amendments, and may be accessed free of charge at http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2010%20-%20wildlife%20resources%20and%20water%20safety/subchapter%20d/subchapter%20d%20rules.html."

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1233 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1007          FISHING

(a)  A person may fish in any waters in State Forests or State recreational forests if the person obeys all State fishing laws as set forth in G.S. 113.

(b)  A person may fish in any waters of any Educational State Forest if the person first obtains a permit from the Forest Supervisor's office and obeys all State fishing laws as set forth in G.S. 113.

 

History Note         Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1234 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1008          ANIMALS AT LARGE

(a)  Except in designated areas, no person shall have any dog, cat, or other pet upon a State Forest, State Recreational Forest, or Educational State Forest unless the animal is on a leash and under the control of the owner or some other person. Hunting dogs used in accordance with NC Wildlife Commission Game Land Rules pertaining to State Forests pursuant to 15A NCAC 10D .0102 and .0103 shall be exempt from this Rule.

(b)  No dog, cat, or other pet shall be allowed to enter any public building on State Forests, except assistance animals for persons with disabilities as set forth in G.S. 14-163.1.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1235 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1009          BOATING

(a)  A person shall not operate a boat, canoe, kayak, or other watercraft in any waters on Educational State Forests without obtaining a permit.

(b)  Boats, canoes, kayaks, or other watercraft may be operated on the waters of State Forests or State recreational forests, provided they are operated or propelled by means of oars, paddles, or electric trolling motors. Boats with gas motors attached are prohibited on any waters of State Forests and Educational State Forests except for use by rescue squads, diving teams, or similar organizations conducting training or emergency operations, or forest staff conducting maintenance operations.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1236 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1010          CAMPING

No person shall spend the night or maintain a camp in a State Forest, State recreational forest, or Educational State Forest, except under permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1237 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

 

02 NCAC 60B .1011          SPORTS AND GAMES

No games or athletic contests shall be allowed in a State Forest, State recreational forest, or Educational State Forest, except in places as may be designated or under permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1238 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1012          HORSES

(a)  In a State Forest, State recreational forest, or Educational State Forest, no person shall use, ride, or drive a horse except to, from, or along a designated bridle path, multi-use trail designated for horses or designated watering point.

(b)  Each equestrian user shall remove from designated parking areas all residues (including manure) generated by his or her horse.

(c)  When dismounted, horses shall be tied in such a manner as to prevent damage to trees and other plants.

(d)  Horses shall cross rivers and streams using bridges or culverts if available.

(e)  Horses shall not wade in lakes.

(f)  Equestrian users shall possess valid Coggins papers for each horse and make them available for inspection upon request.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1239 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1013          BICYCLES

(a)  In a State Forest, State recreational forest, or Educational State Forest, no person shall use or ride a bicycle except on a road or trail authorized for use by motor vehicles or designated as a bicycle or multi-use trail.

(b)  When crossing rivers or streams, bicycle use shall be confined to bridges or culverts if available.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1240 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1014          SKATES, BLADES AND BOARDS

No person shall use or ride roller skates, in-line skates, roller blades, skate boards, or any similar device on any State Forest, State recreational forest, or Educational State Forest road or trail.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1241 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1015          EXPLOSIVES

No person shall carry or possess any explosives or explosive substances including fireworks upon State Forests, State recreational forests, or Educational State Forests. This does not apply to employees of the department when they engage in construction or maintenance activities.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC .1242 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1016          FIREARMS

 

History Note:        Authority G.S. 106-22; 106-870; 106-877;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1243 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1017          FIRES

(a)  No person shall build or start a fire in any area of a State Forest, State recreational forest, or Educational State Forest, unless that area is designated for such purpose.

(b)  Tree planters and logging crews may build warming fires if they obtain a permit and confine the fire to an area designated for such purpose.

(c)  Fires ignited for forest management purposes under the provisions of a prescribed burning plan as defined in G.S. 106-966, approved by the Forest Supervisor or his or her designee, are exempt from this Rule.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1244 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1018          DISORDERLY CONDUCT

(a)  No person visiting on a State Forest, State recreational forest, or Educational State Forest shall disobey a lawful order of a Division employee, law enforcement officer, or any other Department official or endanger him or herself or endanger or disrupt others, as defined in G.S. 14-288.4.

(b)  No person shall use, walk, or run on or along a road or trail that is designated closed for maintenance, tree removal or any other purpose, or enter an area that is designated "No Entry," "Do Not Enter," or "Authorized Personnel Only," except for Division employees or contractors working under the direction of a Division employee, volunteers or individuals or groups under permit, and at such places and for such periods as may be designated in order to protect public safety, peace, or natural resources.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1245 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1019          INTOXICATING BEVERAGES AND DRUGS

No person shall use, or be under the influences of intoxicants, marijuana, or non-prescribed narcotic drugs as defined in G.S. 90-87, while on a State Forest, Recreational State Forest, or Educational State Forest. The public display or use of alcoholic beverages, marijuana or non-prescribed narcotic drugs is prohibited.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1246 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1020          DAMAGE TO BUILDINGS, STrUCTURES AND SIGNS

No person shall injure, deface, disturb, destroy, or disfigure any State Forest, State recreational forest, or Educational State Forest building, structure, sign, fence, vehicle, machine, or any equipment.

 

History Note:        Authority G.S 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1247 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1021          COMMERCIAL ENTERPRISES

No person shall, while in or on a State Forest, or Educational State Forest, sell or offer for sale, hire or lease, any object or merchandise, property, privilege, service or any other thing, or engage in any business except under permit. Sales from which proceeds are used in support of the forest or sales conducted or contracted by the Department are exempt from this Rule.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1248 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1022          NOISE REGULATIONS

The production or emission of noises over the level of 85 decibels, at a distance of 10 feet, on a State Forest, State recreational forest, or Educational State Forest is prohibited.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. December 1, 2009;

Transferred from 15A NCAC 09C .1249 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1023          MEETINGS AND EXHIBITIONS

A person, except for Department employees in performance of official duties, shall not hold any meetings or exhibitions, perform any ceremony, or make any speech on a State Forest, State recreational forest, or Educational State Forest without a permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1250 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1024          ALMS AND CONTRIBUTIONS

A person shall not solicit contributions for any purpose within a State Forest, State recreational forest, or Educational State Forest, unless permitted by the Division and such contributions are used to benefit the State Forest, State recreational forest, or Educational State Forest.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1251 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1025          AVIATION

(a)  Except as provided in Paragraphs (b) and (c) of this Rule, a person shall not voluntarily bring, land, or cause to descend or alight, ascend, or take off within or upon any State Forest, State recreational forest, or Educational State Forest area any airplane, flying machine, balloon, parachute, glider, hang glider, or other apparatus for aviation. "Voluntarily" for this Rule means anything other than a forced landing.

(b)  In forest areas where aviation activities are part of the planned forest activities or military, law enforcement, or rescue training, a permit shall be required.

(c)  Emergency aircraft such as air ambulances and aerial search helicopters, and Division aircraft are exempt from this Rule.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1252 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60b .1026          EXPULSION

For violation of any rule in this Section, the Division shall withdraw the right of a person or persons to remain on a State Forest, State recreational forest, or Educational State Forest.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. December 1, 2009;

Transferred from 15A NCAC 09C .1253 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1027          MOTORIZED VEHICLES

(a)  A person shall not drive a motorized vehicle in a State Forest, State recreational forest, or Educational State Forest within or, upon a safety zone, hiking trail, bridle trail, multi-use trail, fire trail, service road, or any part of the forest not designated for such purposes, except by permit.

(b)  Motor bikes, mini-bikes, all terrain vehicles, and any other unlicensed motor vehicle are prohibited within the forest except by permit.

(c)  A person shall not park a motorized vehicle in a manner that blocks forest roads or gates.

(d)  Unless otherwise posted, the speed limit on graveled forest roads is 20 miles per hour, and on dirt roads is 10 miles per hour.

(e)  Vehicles exempt from this Rule are: Department vehicles, authorized vendors, vehicles used in conjunction with forest and emergency operations, and vehicles of employees and resident family members.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1254 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1028          FLOWERS, PLANTS, MINERALS, ETC.

(a)  A person shall not remove, destroy, cut down, scar, mutilate, take, gather, or injure any tree, flower, artifact, fern, shrub, rock, or other plant or mineral in any State Forest, State recreational forest, or Educational State Forest area. Silvicultural activities performed in accordance with an approved State Forest Management Plan are exempt from this Rule.

(b)  A person shall not collect plants, animals, minerals, or other artifacts from any State Forest, State recreational forest, or Educational State Forest area without first having obtained a permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1255 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1029          TRASH AND DEBRIS

A person shall not deposit paper products, bottles, cans, or any other debris in a State Forest, State recreational forest, or Educational State Forest, except in receptacles designated for the materials. Where trash receptacles are not provided, persons shall pack their trash out of the forest.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1256 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1030          FEES AND CHARGES

(a)  The following fee schedule shall apply at DuPont State Recreational Forest and the Community Building at Jordan Lake Educational State Forest:

(1)           CAMPING.

(A)          Primitive, unimproved campsite with portable toilets and fresh water available, $9.00 per campsite, daily.

(B)          Primitive group tent camping, unimproved campsite with portable toilets, $1.00 per person, daily, with $9.00 minimum.

(C)          Improved group camping with water, restrooms and shower facilities available, $40.00 per day, and maximum capacity of 35 people.

(2)           PICNIC SHELTER RENTALS.

(A)          Are by reservations only.

(B)          Rate: 1-2 tables, $25.00; 3-4 tables, $40.00; 5-8 tables, $60.00.

(3)           CLASSROOM OR COMMUNITY BUILDING (DuPont State Recreational Forest and Jordan Lake Educational State Forest).

(A)          Fee may be waived for government agencies and natural resource related non-profit groups.

(B)          Rates: One half day, $75.00; Full day, $150.00.

(4)           EQUESTRIAN FACILITIES.

(A)          Barn or paddocks (fee may be waived for volunteer work groups), $10.00 per horse, daily.

(B)          Use is limited to non-profit groups and area summer camps.

(5)           PERMITS FOR SPECIAL EVENTS. Permits for use of the forest for events involving large groups or special privileges and requiring staff assistance: Rate: $1.00 per person plus the cost of staff time and equipment use involved in monitoring the permit.

(6)           PERMITS FOR THE REMOVAL OF FIREWOOD, VEGETATIVE MATERIAL, ROCKS, ETC. Fees for these items are based on the value of the material as determined by local market conditions.

(b)  Payment of the appropriate fee shall be a prerequisite for the use of the public service facility or convenience provided.

(c)  Unless otherwise provided in this Rule, the number of persons camping at a particular site may be limited by the forest supervisor depending upon the size of the group and the size and nature of the campsite.

(d)  Reservations must be canceled 30 days prior to the event in order to receive a refund. Permit fees are non-refundable.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. June 14, 2010;

Transferred from 15A NCAC 09C .1257 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1031          HOURS OF OPERATION

(a)  Hours of operation may vary for individual forests. Hours of operation for each State Forest, State recreational forest, or Educational State Forest shall be posted at the forest entrance, the forest office, and on the Division's web site.

(b)  No person except forest employees and authorized persons shall be allowed within the forest between closing and opening hours except under permit.

 

History Note:        Authority G.S. 106-22; 106-870; 106-877; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1258 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.

 

02 NCAC 60B .1032          ENFORCEMENT

Departmental forest law enforcement officers, Forest Rangers, and sworn law enforcement may enforce the rules of this Section.

 

History Note:        Authority G.S. 106-22; 106-900; 106-887;

Eff. November 1, 2009;

Transferred from 15A NCAC 09C .1259 Eff. May 1, 2012;

Readopted Eff. April 1, 2018.