SUBCHAPTER 60B ‑ DIVISION PROGRAMS

 

SECTION .0100 ‑ ADMINISTRATION

 

02 NCAC 60B .0101          COUNTY COOPERATION: FISCAL ASPECTS

(a)  The County Cooperative Forestry Program negotiated annually between the county board of commissioners and the department, provides many services to private landowners.

(b)  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 N.C. Association of County Commissioners.

 

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

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.

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 all or any part of the state.  The boundaries of the area affected by the cancellation will be county lines or other well known geographic features such as major highways.

(b)  During certain times of the year, weather and man's activity combine to create generalized hazardous forest fire conditions.  Land clearing during these times creates an additional and specific fire hazard resulting from the long duration of land clearing burning during rapidly drying and changing weather conditions.  When the director determines that these 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, an authorized forest ranger may cancel or refuse to issue a special permit for individual land clearing burning that constitutes a specific fire hazard.  He also may extinguish fires already burning that constitute a danger to adjoining woodlands.

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

(d)  An air pollution episode may be declared by competent authority designated by the Environmental Management Commission. An episode may be declared by the division of air quality in Raleigh for all or any part of the state or by one of the regional air quality control boards for the area under the control of that local board.  Conditions governing the two classes of declarations are as follows:

(1)           When an air pollution episode is declared from Raleigh, all burning permits are cancelled by the Director of Forest Resources for the area affected by the episode.

(2)           When an air pollution episode is declared by one of the local air quality boards, the burning permits are cancelled by the local county forest rangers for the counties affected.

 

History Note:        Authority G.S. 106-22; 106-944; 143B‑10;

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.

 

02 NCAC 60B .0202          SUMMONING FIRE FIGHTERS

(a)  In emergencies forest rangers and forest law enforcement officers may summon any resident in good health between 18 and 45 years of age inclusive to help control a forest fire.  Forest rangers and forest law enforcement officers may also require the use of crawler tractors and other property needed for fire control.

(b)  The ranger or law enforcement officer making a verbal summons shall:

(1)           explain the legal basis for the verbal summons;

(2)           determine that the person being summoned satisfies the requirements of age, residence and physical condition; and

(3)           determine that the required property can be used to assist in controlling a forest fire.

(c)  Should an individual who meets the legal requirements for summons refuse to serve or refuse the use of property, the ranger or law enforcement officer shall:

(1)           explain the legal basis for the verbal summons, and

(2)           warn the individual that the department will pursue law enforcement action.

 

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.

 

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

(a)  The department has statutory authority to direct fire control tactics employed by all personnel engaged in fire suppression, and to prevent others from exercising independent action that could cause conflicts.  Therefore, forest rangers shall as fire boss, assume tactical direction of all forest fire suppression activities.

(1)           The state normally does not assume responsibility for individuals employed by or committed to the fire suppression effort by a cooperating agency, corporation, or person having a mutual interest in the fire suppression effort:

(A)          Several of the large corporate landowners in the state have voluntarily developed forest fire control organizations that supplement state forces in protecting their economic interest in forest resources.  When corporate landowners voluntarily commit their employees and resources to a specific forest fire suppression effort, placing them under the tactical control of a fire boss, these employees and resources remain the responsibility of the employing corporate landowner.

(B)          Forest landowners should assist in the protection of their own property, and persons responsible for the escape of fires that damage or threaten the property of others should assist with suppression efforts.  The department does not assume responsibility for these individuals; however, the department may assume responsibility when these individuals work under the sole direction of a forest ranger.

(2)           The department assumes responsibility for individuals committed to forest fire suppression by summons, as regular state employees, or as individuals state volunteers.  However, the department does not assume responsibility for individual volunteers who begin suppression efforts on their own, without the knowledge or tactical direction of a forest ranger, until after the fire boss has accepted them as part of the fire suppression organization and has committed them to work on the fire under his tactical direction.

(3)           When special cooperative fire suppression agreements between the division and individual forest landowners exist, that agreement shall define the assumption of liabilities.

(b)  Final determination of responsibility in disputed compensation and liability claims is made by the Industrial Commission or the courts. It is the purpose of this policy to set forth the intent of the division with regard to voluntary assumption of responsibility.  Nothing in this policy is construed to be in conflict with governing statutes of the state.

 

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.

 

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

(a)  When a serious pest problem exists and subject to available funding, control projects are initiated on state and private land to reduce timber losses and control the pest.  Control projects are generally designed to halt the spread of a pest that poses a threat to forests in the aggregate as distinguished from threats to individual trees.  Control projects are not carried out in urban or suburban situations to protect individual trees unless economic and biologic evaluations by the division reveal that such projects are necessary to protect contiguous forest communities.

(b)  White pine blister rust is a disease of white pine trees. Infection is usually localized and spread confined to single land ownerships.  For this reason, control work by the division is limited to two man‑days per year per landowner and the landowner is required to furnish additional labor.

 

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 .0304 Eff. May 1, 2012.

 

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 strives to provide forestry services to the largest number of landowners and forest product operators possible in order to bring more forest land under 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 Division of Forest Resources' (Division) services are as follows:

(1)           Whenever economic considerations and the landowner's objectives reveal that assistance by a private forester is practical, 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 his forest land.  If services needed or desired are not offered by the Division, it shall be recommended to the landowner that a consulting forester be employed.  When any referral is made, a list of practicing consulting foresters shall be furnished to the landowner.

(2)           When forest management services are provided by the Division, a limit of five man-days per landowner during any 12 month period is imposed.  This five-day limit does not include custom forestry work performed by the Division for a fee or cost-share compliance checks.

 

History Note:        Authority G.S. 106-22; 106-1002; 143B-10;

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.

 

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);

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

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

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

(E)           assistance to processors to help increase their conversion efficiency from logs to manufactured products.

(2)           Services provided for a fee:

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

(B)          custom forestry services such as site preparation, prescribed burning, tree planting, etc. (see 15A NCAC 09C .0600).

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

(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; 143B-10;

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.

 

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

(a)  The Division charges a fee to cover costs.

(b)  These contract fees are determined by applying fixed hourly rates to the time required to perform the service and by including material costs.  Fixed hourly rates are the sum of the purchase price, maintenance cost and operating cost divided by expected lifespan plus the operator's salary.  Most contracted service fees are converted to per acre rates.  Fixed hourly rates are converted to per acre rates by multiplying the fixed hourly rate by the production rate.  Some services require a fee on a per unit basis such as per mile or per tree.  These fees are established by applying the same fixed hourly rates, time required, and material costs.

(c)  Designated Division employees, trained in such services, shall establish contract fees prior to beginning work.

 

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; October 1, 1984;

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

 

02 NCAC 60B .0604          CONTRACTS FOR SERVICES

The Division 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 Division performs services for individual landowners or agencies.

(2)           Rental contracts executed when the Division rents specialized forestry equipment to contracting firms, companies, or individuals.

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

 

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; October 1, 1984;

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

 

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

Custom services shall be sub-contracted to a third person when the director deems such action in the best interest of the state.  Sub-contracting shall be undertaken 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.

 

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 cost sharing payment.

(2)           Application may be made by completing an application form furnished by the department and returning it to one of the field offices of the Division of Forest Resources.  An approved forest management plan relating to the application which assures forest productivity and provides environmental protection of the State's woodland must be on file with the Division of Forest Resources before the application may be accepted.

(b)  The Secretary of the Department of Environment and Natural Resources 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 Division of Forest Resources' office in Raleigh, and until all available funds are encumbered.  An exception shall be made at the beginning of each fiscal year.  At that time all applications shall be held for a 10-day period to allow for inequities in the mail system.  Should the applications received during the 10-day period exceed the funds available, allocation shall be made by proration and lottery.  A prorata share of monies shall be made to the Division's three regions in accordance with the percent of total funds requested from each respective region.  Applications from each region to receive these funds shall be chosen through a public drawing.  The drawing shall be held the second working day after the 10th of July at 10:00 a.m. in Raleigh in the conference room of the Division of Forest Resources.  Should funds be exhausted during a fiscal year, applications shall be held in priority as received until the next fiscal year at which time they will be given priority above new applications.  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 Secretary may designate a portion of funds for practices designed to encourage reforestation at reduced costs or for other special purposes in designated areas.  Such designations shall be for the current fiscal year only.  Funds may be designated for a "Plant-Only" allocation and for a "Mountain Area" allocation annually.  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. Funding so designated must be committed by March 31 for "Plant-Only" practices and December 31 for "Mountain Area" practices.  Funds remaining uncommitted after the specified date shall be reallocated on the "first come, first served" basis.  The determination to designate funds by the Secretary 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 not the result of negligence by the landowner.  Requests shall be approved in the order received.

(e)  The Division shall periodically review the actual costs of carrying out approved practices.  Prior to the beginning of each fiscal year, the Secretary shall establish prevailing costs for carrying out each approved practice on a regional basis throughout the state.

(f)  No approval shall be given for carrying out practices on more than 100 acres by a landowner in any one fiscal year.  This limitation does not apply where cost sharing has been approved and funds allotted on acreages approved in a previous fiscal year.

(g)  Maximum Cost Sharing Rate.  The maximum cost sharing rates shall not exceed 60%. Planting of Longleaf Pine, hardwoods, and wetland conifer species shall be cost-shared at 60 percent.  All other practices shall be cost-shared at 40 percent.

(h)  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 all known environmental rules and regulations.  Payments may be made following satisfactory completion of all approved practices or, at the discretion of the landowner, following satisfactory completion of a sub-practice (s).  However, no more than two payments shall be made for sub-practices covered by any one application.

(i)  Withdrawal of Allotted Funds

(1)           Funds allocated to an eligible landowner may be withdrawn at the end of the first full fiscal year following the year in which the funds were allotted if no work has been started, unless an extension is granted by the Division.

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

(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 when a project cannot be completed on schedule, through no fault of the applicant.

(j)  Eligible landowners may appeal disagreements, disapproval of applications, or decisions on unsatisfactory completion of silvicultural or environmental practices in the manner established in 15A NCAC 01B .0200.

(k)  Cost-shared project maintenance.  The Division shall periodically check projects funded by the program to insure compliance with the 10-year maintenance requirement.  Landowners with projects discovered to be destroyed or otherwise not maintained as specified in the approved plan shall be required to reimburse the program.  The Division's Raleigh office shall be notified of all such projects and shall be responsible for seeking and collecting reimbursement as allowed in 113A-180.1.

 

History Note:        Authority G.S. 106-22; 106-1010; 106-1018; 143B-10(j);

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.

 

02 NCAC 60B .0702          APPROVED 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; this 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.  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)            Bulldozing and Piling.  The use of a bulldozer to push over non-merchantable trees and brush for the purpose of site preparation; the material is pushed into piles or windrows;

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

(l)            Chemical Control; Aerial.  The use of herbicides, applied from the air, to reduce competing vegetation for the purpose of site preparation;

(m)          Chemical Control; Ground.  The use of hand tools or ground chemical a applications to reduce competing vegetation for the purpose of site preparation; and

(n)           Preharvest Treatment.  Use of chemical or mechanical means, including hand methods, to control vegetation to develop a stand of trees from advanced hardwood regeneration, natural pine regeneration, or artificial regeneration. When using this practice the following criteria apply:

(i)            The landowner must agree to harvest overstory stand once regeneration of at least 300 seedlings of a commercial timber species is established;

(ii)           This practice cannot be used to prepare an area for pine straw production; and

(iii)          The only other site preparation technique that may be cost shared at a later date is prescribed burning, if needed.

(2)           Silvicultural Clearcut.  The felling of trees in unmerchantable stands for the purpose of removing all stems in the overstory to allow regeneration of desirable species by exposing the site to direct sunlight:

(a)           Fell and Leave.  Felling all trees on an area with no removal of merchantable material, for the purpose of accomplishing a silvicultural clearcut;

(b)           Fell and Remove.  Felling all trees on an area, both merchantable and unmerchantable, for the purpose of accomplishing a silvicultural clearcut; the stumpage value of all merchantable trees removed from the area, as determined by the Director, shall be deducted from the allowable cost of completing the practice.

(3)           Tree Planting or Seeding.  Planting seedlings or applying seed to establish a commercial forest stand.  This includes:

(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;

(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.

(d)           V-Blade Planting.  The use of a tractor with attached V-shaped blade and planting machine to plant forest tree seedlings;

(e)           Direct Seeding.  The use of any type applicator to apply desirable forest tree seed directly to the soil.

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

(5)           Mixed Stand Plantings.  Tree planting to establish a mixed pine-hardwood stand, or a mixed stand of hardwood species.

(6)           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.  This may be accomplished by one of the following treatments:

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

(b)           Chemical Control; Ground.  The use of hand tools or ground chemical applicators to reduce competing vegetation for the purpose of releasing desirable reproduction;

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

(7)           Uneven-Aged Management.  A planned sequence of silvicultural treatments designed to maintain and regenerate a stand with three or more age classes.

(8)           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 below 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) which significantly 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 planned and controlled manner to provide silvicultural benefits from forest fuel reduction or reduced understory competition.  Prescribed burning must be conducted under the supervision of a "certified prescribed burner" (as defined by G.S. 113-60.41 of the North Carolina Prescribed Burning Act), using a burning plan; and

(g)           Forest Fertilization – The addition of nutrient elements to the soil to overcome nutrient deficiencies or to increase growth rates.

 

History Note:        Authority G.S. 106-22; 106-966; 106-1011; 106-1013; 106-1018; 143B-10(j);

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.

 

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)  Services to all categories of recipients will be limited to a designated number of person days per year.  Specific limits will be determined after the program has been operational for a period of one to two years.  During that period of time the secretary will have discretionary authority to limit the number of days services to all categories of recipients in order to develop and improve the program and services.  The secretary may delegate totally or in part the discretionary authority.

(b)  Certain services will 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 (a) of this Rule,

(5)           enforcing state or local laws and regulations.

 

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

Eff. August 8, 1978;

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

 

02 NCAC 60B .0805          PROCEDURES

(a)  All normal requests will be honored on a "first‑come first‑serve basis" within the limits of manpower available.  Recipients that cannot be assisted immediately will be notified accordingly and placed in priority on a waiting list.  The secretary may elect to provide services on other than a "first‑come first‑serve" basis in extraordinary situations.  The secretary may delegate this responsibility.  Examples of extraordinary situations are natural disasters or situations that present unique opportunities for use of grants to communities.

(b)  Services will be provided directly to community and urban area recipients and public recipients only:

(1)           Following the request for assistance, the program will be explained to the prospective recipients by staff personnel of the division of forest resources.

(2)           Technical assistance will be provided to qualifying communities, urban areas and private recipients only after the governing body:

(A)          establishes a local tree ordinance, and

(B)          appoints a tree board.

 

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.

 

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 N. C. Division of Forest Resources, hereafter referred to as DFR, shall conduct a burner Certification program composed of the following:

(1)           Each candidate shall attend and successfully complete a prescribed burn school consisting of instruction on: The N. C. 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.  DFR shall offer a minimum of one of these schools annually at a charge of twenty-five dollars ($25.00) per participant.

(2)           An alternative abbreviated school may be provided candidates who have successfully completed an approved prescribed burn school other than the DFR school.  Other prescribed burn schools shall be approved by DFR if all topics contained in the N. C. Prescribed Burn School were included.  Candidates shall provide documentation of topics covered and successful completion to DFR.  This abbreviated school shall include the N. C. Prescribed Burn Act and the N.C. Smoke Management System.  A minimum of one of these schools shall be offered annually if there are requests.

(3)           In order to be certified, each candidate whether they train under Paragraph (a) or (b) of this Rule shall successfully conduct a prescribed burn under the observation of a certified burner.  The candidate must submit to DFR a completed DFR Certified Burner checkoff sheet, signed by a certified burner.

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

 

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 .1102 Eff. May 1, 2012.

 

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)  A permit authorizes an act only when that act conforms with the terms contained in the permit or in applicable rules, and conforms to existing state laws.

(b)  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 or Educational State Forest rule.

(c)  Applications for permits shall be made through the State Forest or Educational State Forest office during business hours and approved by the Forest Supervisor or his or her designee in advance of the act permitted.

 

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

Eff. November 1, 2009;

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

 

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, except at designated areas and only after obtaining a permit.

 

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

Eff. November 1, 2009;

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

 

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 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;

Eff. November 1, 2009;

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

 

02 NCAC 60B .1006          HUNTING

(a)  A person shall not hunt on any Educational State Forest lands without obtaining a permit from the Forest Supervisor's office and must obey all state hunting laws and rules currently in effect.

(b)  A person may hunt on a State 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 and rules currently in effect for the applicable Game Land.

(c)  Hunters shall not discharge a firearm or bow and arrow within, into or across a posted safety zone.

(d)  Hunters shall not erect or occupy any tree stand attached to any tree, unless it is a portable stand that leaves no metal in the tree.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1007          FISHING

(a)  A person may fish in any waters in State Forests if the person obeys all state fishing laws and rules.

(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 and rules.

 

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

Eff. November 1, 2009;

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

 

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 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 are 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.

 

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

Eff. November 1, 2009;

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

 

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 from the Forest Supervisor.

(b)  Boats, canoes, kayaks or other watercraft may be operated on the waters of State Forests, provided they are manually 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, 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;

Eff. November 1, 2009;

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

 

02 NCAC 60b .1010          CAMPING

(a)  No person shall spend the night or maintain a camp in an Educational State Forests or State Forest except under permit, and at such places and for such periods as may be designated.

(b)  Unless otherwise provided in this Section, 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.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1011          SPORTS AND GAMES

No games or athletic contests shall be allowed except in places as may be designated or under permit, and at such places and for such periods as may be designated.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1012          HORSES

(a)  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)  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;

Eff. November 1, 2009;

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

 

02 NCAC 60B .1013          BICYCLES

(a)  No person shall use or ride a bicycle except on a road or trail authorized for use by motor vehicles or specifically 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;

Eff. November 1, 2009;

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

 

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 Educational State Forest or State Forest road, trail or other maintained surface.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1015          EXPLOSIVES

No person shall carry or possess any explosives or explosive substance including fireworks upon Educational State Forests or 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;

Eff. November 1, 2009;

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

 

02 NCAC 60b .1016          FIREARMS

No person except authorized forest law enforcement officers of the department, or any other sworn law enforcement officer shall carry or possess firearms of any description or air guns or pellet guns, on or upon Educational State Forest or State Forests.  Properly licensed hunters that meet the requirements of Rule .1233 of this Section, or persons meeting the requirements of the NC Wildlife Resources Commission Rules applicable to Educational State Forests or State Forests, are exempt from this Rule.

 

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.

 

02 NCAC 60B .1017          FIRES

(a)  No person shall build or start a fire in any area of an Educational State Forest or 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 temporarily designated for such purpose.

(c)  Fires ignited for forest management purposes under the provisions of a prescribed burning plan, approved by the Forest Supervisor or his designee, are exempt from this Rule.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1018          DISORDERLY CONDUCT

(a)  No person visiting on an Educational State Forest or 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.

(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.

 

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

Eff. November 1, 2009;

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

 

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 an Educational State Forest or 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.

 

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

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

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1021          COMMERCIAL ENTERPRISES

No person shall, while in or on an Educational State Forest or 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 and at such places and for such periods as may be designated.  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;

Eff. November 1, 2009;

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

 

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 an Educational State Forest or State Forest is prohibited.

 

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

Eff. December 1, 2009;

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

 

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 an Educational State Forest or State Forest without a permit.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1024          ALMS AND CONTRIBUTIONS

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

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1025          AVIATION

(a)  Except as noted 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 Educational State Forest or State Forest area, any airplane, flying machine, balloon, parachute, glider, hang glider, or other apparatus for aviation.  "Voluntarily" in this connection shall mean 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;

Eff. November 1, 2009;

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

 

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 an Educational State Forest or State Forest.

 

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

Eff. December 1, 2009;

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

 

02 NCAC 60B .1027          MOTORIZED VEHICLES

(a)  A person shall not drive a motorized vehicle in an Educational State Forest or 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 dependant employees and resident family members.

 

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

Eff. November 1, 2009;

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

 

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 Educational State Forest or 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 Educational State Forest or State Forest area without first having obtained a permit.

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1029          TRASH AND DEBRIS

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

 

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

Eff. November 1, 2009;

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

 

02 NCAC 60B .1030          FEES AND CHARGES

(a)  The following fee schedule shall apply at DuPont State Forests 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 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;

Eff. June 14, 2010;

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

 

02 NCAC 60B .1031          HOURS OF OPERATION

(a)  Hours of operation may vary for individual forests.  Hours of operation for each State Forest or Educational State Forest will 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;

Eff. November 1, 2009;

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

 

02 NCAC 60B .1032          ENFORCEMENT

Departmental forest law enforcement officers, Forest Rangers, and sworn law enforcement may enforce these Rules.

 

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

Eff. November 1, 2009;

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