CHAPTER 13 - PARKS AND RECREATION AREA RULES

 

SUBCHAPTER 13a - ORGANIZATION AND DUTIES

 

07 NCAC 13A .0101          ORGANIZATION AND PURPOSE

The Division of Parks and Recreation manages State Parks and Recreation Areas, plans for a balanced park and recreation system, protects the natural diversity of the state; and, promotes and assists in the provisions of recreation and leisure opportunities at all service levels--local, state, federal, commercial, private.  The rules in this Chapter govern the access to and usage of, State Parks and Recreation Areas by visitors.  Park employees, their agents and contractors are exempt from the provisions of these Rules when performing management duties.  Persons may contact the Division at the following address:

Director--Division of Parks and Recreation

Department of Environment and Natural Resources

1615 Mail Service Center

Raleigh, North Carolina  27699-1615

 

History Note:        Authority G.S. 143B-135.16; 143B-135.200;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983; April 4, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;

Transferred from 15A NCAC 12A .0101 Eff. April 1, 2017.

07 NCAC 13A .0102          SUBORGANIZATION

07 NCAC 13A .0103          PARKS AND RECREATION COUNCIL

 

History Note:        Authority G.S. 113‑8; 113‑35; 143B-311;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12A .0102, .0103 Eff. April 1, 2017.

 

07 NCAC 13A .0104          DIRECTORY OF STATE PARKS AND RECREATION AREAS

State parks and recreation areas under the stewardship of the Department include the following and the year they were established, plus any additional units authorized by the General Assembly pursuant to G.S. 143B-135.54:

(1)           state rivers:

(a)           Linville River, Avery County 1975;

(b)           New River, Alleghany and Ashe Counties 1975;

(c)           Horsepasture River, Transylvania County 1985; and

(d)           Lumber River, Scotland, Hoke, Robeson, and Columbus Counties 1989;

(2)           state natural areas:

(a)           Mount Jefferson State Natural Area, Ashe County 1956;

(b)           Weymouth Woods Sandhills Nature Preserve, Moore County 1963;

(c)           Theodore Roosevelt State Natural Area, Carteret County 1971;

(d)           Chowan Swamp State Natural Area, Gates County 1973;

(e)           Hemlock Bluffs State Natural Area, Wake County 1976;

(f)            Masonboro Island State Natural Area, New Hanover County 1976;

(g)           Mitchell's Mill State Natural Area, Wake County 1976;

(h)           Bushy Lake State Natural Area, Cumberland County 1977;

(i)            Baldhead Island State Natural Area, Brunswick County 1979;

(j)            Run Hill State Natural Area, Dare County 1995;

(k)           Occoneechee Mountain State Natural Area, Orange County 1997;

(l)            Bullhead Mountain State Natural Area, Alleghany County 2000;

(m)          Lea Island State Natural Area, Pender County 2000;

(n)           Beech Creek Bog State Natural Area, Watauga County 2002;

(o)           Lower Haw River State Natural Area, Chatham County 2003;

(p)           Pineola Bog State Natural Area, Avery County 2006;

(q)           Sugar Mountain Bog State Natural Area, Avery County 2006;

(r)            Sandy Run Savannas State Natural Area, Pender and Onslow Counties 2006;

(s)            Bear Paw State Natural Area, Avery County 2008; and

(t)            Yellow Mountain State Natural Area, Mitchell and Avery Counties 2008;

(3)           state parks:

(a)           Mount Mitchell State Park, Yancy County 1916;

(b)           Fort Macon State Park, Carteret County 1924;

(c)           Hanging Rock State Park, Stokes County 1935;

(d)           Morrow Mountain State Park, Stanley County 1935;

(e)           Pettigrew State Park, Tyrrell and Washington Counties 1936;

(f)            Jones Lake State Park, Bladen County 1939;

(g)           Singletary Lake State Park, Bladen County 1939;

(h)           Cliffs of the Neuse State Park, Wayne County 1945;

(i)            William B. Umstead State Park, Wake County 1945;

(j)            Hammocks Beach State Park, Onslow County 1961;

(k)           Lake Norman State Park, Iredell County 1962;

(l)            Pilot Mountain State Park, Surry and Yadkin Counties 1968;

(m)          Carolina Beach State Park, New Hanover County 1969;

(n)           Stone Mountain State Park, Alleghany and Wilkes Counties 1969;

(o)           Raven Rock State Park, Harnett County 1970;

(p)           Crowders Mountain State Park, Gaston County 1973;

(q)           Eno River State Park, Durham and Orange Counties 1973;

(r)            Medoc Mountain State Park, Halifax County 1973;

(s)            Merchants Millpond State Park, Gates County 1973;

(t)            Dismal Swamp State Park, Camden County 1974;

(u)           Goose Creek State Park, Beaufort County 1974;

(v)           Jockeys Ridge State Park, Dare County 1975;

(w)          New River State Park, Alleghany and Ashe Counties 1975;

(x)           Lake Waccamaw State Park, Columbus County 1976;

(y)           South Mountain State Park, Burke County 1978;

(z)           Bay Tree Lake State Park, Bladen County 1979;

(aa)         Lake James State Park, Mc Dowell and Burke Counties 1987;

(bb)         Lumber River State Park, Scotland, Hoke, Robeson and Columbus Counties 1989;

(cc)         Gorges State Park, Transylvania County 1999;

(dd)         Elk Knob State Park, Watauga and Ashe Counties 2002;

(ee)         Haw River State Park, Rockingham and Guilford Counties 2003;

(ff)          Mayo River State Park, Rockingham County 2003;

(gg)         Carvers Creek State Park, Cumberland County 2005;

(hh)         Chimney Rock State Park, Rutherford, Polk, Buncombe and Henderson Counties 2005; and

(ii)           Grandfather Mountain State Park, Avery, Watauga and Caldwell Counties 2009;

(4)           state recreation areas:

(a)           Kerr Lake State Recreation Area, Vance and Warren Counties 1952;

(b)           Jordan Lake State Recreation Area, Chatham County 1981;

(c)           Falls Lake State Recreation Area, Wake and Durham Counties 1982; and

(d)           Fort Fisher State Recreation Area, New Hanover County 1986;

(5)           state lakes:

(a)           Bay Tree Lake, Bladen County 1929;

(b)           Jones Lake, Bladen County 1929;

(c)           Lake Phelps, Tyrrell and Washington Counties 1929;

(d)           Salters Lake, Bladen County 1929;

(e)           Singletary Lake, Bladen County 1929;

(f)            Lake Waccamaw, Columbus County 1929; and

(g)           White Lake, Bladen County 1929; and

(6)           state trails:

(a)           French Broad River State Trail 1987;

(b)           Yadkin River State Trail 1987;

(c)           Mountains-to-Sea State Trail 2000; and

(d)           Deep River State Trail 2007.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;

Transferred from 15A NCAC 12A .0104 Eff. April 1, 2017.

 

07 NCAC 13A .0105          DEFINITIONS

The definitions in G.S. 143B-135.44 apply to this Chapter. The following words and phrases, which are not defined therein, are defined as follows:

(1)           "Division" means the Division of Parks and Recreation;

(2)           "Owner" means any person owning, leasing, or having the exclusive use of any property;

(3)           "Permits" means any written document issued by or under authority of the Department, permitting the performance of a specified act or acts;

(4)           "Person" means any natural person, corporation partnership, association, or governmental unit; and

(5)           "Long term operating agreement" means any current or future agreement between the Division and a private or government entity for one year or longer where that entity agrees to operate and manage a facility or property.

Within State Trails and State Rivers that travel lands of diverse ownership, the rules in this Chapter apply only to segments within and on property managed by the Division.

 

History Note:        Authority G.S. 113‑8; 143B-135.16;

Eff. January 1, 1983;

Amended Eff. May 1, 2010; August 1, 1988; October 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;

Transferred from 15A NCAC 12A .0105 Eff. April 1, 2017.

 

 

SUBCHAPTER 13B ‑ PARKS AND RECREATION AREAS

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13B .0101          DEFINITIONS OF TERMS

Whenever used in this Subchapter:

(1)           "Bridle Trail" means any trail maintained for persons riding on horseback;

(2)           "Hiking Trail" means any trail maintained for pedestrians;

(3)           "Swimming Area" means any beach or water area designated by the Division as a swimming and bathing area;

(4)           Unnecessary Stopping.  Bringing a vehicle to a complete stop at a point other than in a parking place, or other than in conformity with traffic regulations and other than because of a defect in said vehicle.

(5)           "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.

 

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

Eff. February 1, 1976;

Amended Eff. September 1, 1988; January 1, 1983; April 4, 1979;

Transferred from 15A NCAC 12B .0101 Eff. April 1, 2017.

07 NCAC 13B .0102          CONSTRUCTION

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0102 Eff. April 1, 2017.

 

07 NCAC 13B .0103          TERRITORIAL SCOPE

This Chapter shall apply to all state parks, parkways, state lakes, natural areas, sites, and other recreational areas administered by this Division.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983; April 4, 1979;

Transferred from 15A NCAC 12B .0103 Eff. April 1, 2017.

 

07 NCAC 13B .0104          PERMITS

(a) Applications for permits may be made by contacting individual Park and Recreation Area offices or Chief of Operations, North Carolina Division of Parks and Recreation, 1615 Mail Service Center, Raleigh NC 27699-1615.  Violation of the terms and conditions of a permit issued in accordance with this Section is prohibited and shall result in revocation of the permit by the Park Superintendent or his or her designee.

(b)  Activities or uses which are eligible for a Special Use Permit are as follows; metal detector use; rock or cliff climbing; rappelling and bouldering; licensed vehicle operations on the unpaved areas of Fort Fisher State Recreation Area; overnight parking; athletic contests; horse and bridle trails; use of the Bullhead – Special Catch and Release Stream at Stone Mountain State Park; camping; aviation and other activities or uses requested by park visitors.  Special Use Permits may be obtained at the park level from the Park Superintendent or his or her designee on the day of the activity.

(c)  The Park Superintendent or his or her designee shall issue a Special Use Permit on proper application unless:

(1)           A prior application for a permit for the same activity or use has been made and had been or will be granted; and the activities or uses authorized by that permit do not reasonably allow multiple occupancy or use of that particular location;

(2)           It reasonably appears that the activity or use will threaten the health, safety and welfare of persons using the Park;

(3)           The activity or use is of such a nature or duration that it cannot be reasonably conducted or performed in the particular location applied for, considering such things as safety of the applicant or other Park visitors; damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors;

(4)           The activity or use would constitute a violation of applicable law or regulation; or

(5)           The activity would create conditions that are not reasonably consistent with the protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, number and types of equipment used in the activity.

(d)  Activities or uses which are eligible for a Special Activity Permit are as follows; natural or cultural research activity; boating access area use; sports or games; pack animals and goats; commercial enterprises; commercial photography; advertising; entry to restricted areas and other activities or uses requested by park visitors.  Notwithstanding the requirements of this Rule, public assemblies and meetings are governed by 07 NCAC 13B .1105, and uses of intoxicating liquors and controlled substances or beverages are governed by 07 NCAC 13B .1003.

(e)  An application for a Special Activity Permit shall be made at least 14 days in advance of the activity or use; shall set for the name, address and phone number of the applicant; the name of the organization (if any); the name, address and phone number of a contact person; the date, time, duration, nature and location of the proposed activity or use; the estimated number of persons expected to participate; and the equipment and facilities to be used.  Special Activity Permit applications will be approved or denied within 10 business days.

(f)  The Park Superintendent or his or her designee shall issue a Special Activity Permit on application unless:

(1)           A prior application for a permit for the same activity or use has been made and had been or will be granted; and the activities or uses authorized by that permit do not reasonably allow multiple occupancy of that particular location;

(2)           It reasonably appears that the activity or use will threaten the health, safety and welfare of persons using the Park;

(3)           The activity or use is of such a nature or duration that it cannot be reasonably  conducted or performed in the particular location applied for, considering such things as safety of the applicant or other Park visitors; damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors; or

(4)           The activity or use would constitute a violation of applicable law or regulation.

(g)  The permit may contain such conditions as are reasonably consistent with protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, number and types of equipment used.

(h)  If a permit is denied, the applicant shall be so informed in writing, with the reason(s) for the denial set forth.

(i)  Participants in activities or uses covered under this Rule shall otherwise be subject to Park rules or directives, including adherence to locations specified for their activity or use while partaking in such event or activity.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0104 Eff. April 1, 2017.

 

07 NCAC 13B .0105          ENFORCEMENT

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0105 Eff. April 1, 2017.

 

07 NCAC 13B .0106          NORTH CAROLINA PARKS: HOURS OF OPERATION AND FEES

(a)  Information concerning hours of operation, admission fees and other related activity fees for North Carolina Parks may be found at: https://www.ncparks.gov/hours-fees-and-permits.

(b)  Admission fees and other related activity fees are subject to dynamic pricing and may change from time to time.

 

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

Eff. April 7, 2017.

 

SECTION .0200 - PRESERVATION OF THE PARK

 

07 NCAC 13B .0201          NATURAL AND CULTURAL RESOURCE PROTECTION

(a)  A person shall not remove, possess, or disturb any plant, fungus, mineral, living or dead wild animal, or the products thereof, or any archeological or cultural resource or artifact in any park area except as otherwise provided in this Section.

(b)  Harassing, or intentionally disturbing wildlife and their nesting, breeding or other activities is prohibited.

(c)  The placement or distribution of agricultural products, natural or processed foods, or any other item for the purpose of attracting or feeding any wildlife is prohibited.

(d)  A person shall not collect any natural or cultural resources or artifacts from any park area except as authorized by a research activity permit.  A research activity permit for collections shall be issued only to a representative of a scientific educational institution, non-profit agency or a State or Federal agency for the purpose of research, baseline inventories, monitoring, impact analysis, group study, or museum display when the superintendent determines that the collection is necessary to the stated scientific or resource management goals of the institution or agency and that all applicable Federal and State permits have been acquired and that the intended use of the specimens and their final disposal is in accordance with applicable law.  Application for research activity permits shall be made as provided by Rule .0104 of this Subchapter.  A research activity permit for personal or commercial purposes is prohibited.

 

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

Eff. February 1, 1976;

Amended Eff: May 1, 2010; January 1, 1983;

Transferred from 15A NCAC 12B .0201 Eff. April 1, 2017.

 

07 NCAC 13B .0202          BUILDINGS: SIGNS: STRUCTURES: ETC.

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0202 Eff. April 1, 2017.

 

07 NCAC 13B .0203          METAL DETECTORS PROHIBITED

Metal detectors are not allowed in any park area except to locate lost personal property when authorized by a Special Use Permit as provided by Rule .0104 of this Subchapter.

 

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

Eff. January 1, 1983;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 12B .0203 Eff. April 1, 2017.

 

07 NCAC 13B .0204          ROCK OR CLIFF CLIMBING AND RAPPELLING

(a)  Rock climbing, bouldering, cliff climbing or rappelling is prohibited except in designated areas.  A climbing, rappelling and bouldering permit is required.  Application for a climbing, rappelling and bouldering permit shall be made as provided by Rule .0104 of this Subchapter.

(b)  The installation of permanent or fixed rock climbing anchors, such as pitons and expansion bolts, is prohibited in any climbing area unless the Park Superintendent has determined the installation may be made safely and without affecting park resources or facilities.

(c)  The superintendent may designate a daily capacity limit for specific climbing routes and areas based on natural resource protection and public safety.

(d)  Organized private, commercial or non-profit groups shall obtain a special activity permit prior to the activity.  Application for a special activity permit shall be made as provided by Rule .0104 and .1101 of this Subchapter.

(e)  Violation of the terms and conditions of a permit issued in accordance with this Section is prohibited and shall result in the revocation of the climbing, rappelling and bouldering permit.

 

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

Eff. January 1, 1983;

Amended Eff. May 1, 2010; October 1, 1984;

Transferred from 15A NCAC 12B .0204 Eff. April 1, 2017.

 

SECTION .0300 - BATHING

 

07 NCAC 13B .0301          BATHING AND SWIMMING ACTIVITIES: WHERE PROHIBITED

A person shall not bathe, wade, surf, dive, scuba dive or swim in any waters in any park area except at such times and in such places as the Division designates.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0301 Eff. April 1, 2017.

 

07 NCAC 13B .0302          PUBLIC NUDITY

(a)  Public nudity, including public nude bathing, is prohibited in any park area lands or waters.  This Rule does not apply to the enclosed portions of bathhouses, restrooms, tents and recreational vehicles.

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

 

History Note:        Authority G.S. 14‑190.9; 143B-135.16;

Eff. February 1, 1976;

Amended Eff. September 1, 1988; January 1, 1983;

Transferred from 15A NCAC 12B .0302 Eff. April 1, 2017.

 

07 NCAC 13B .0303          PROTECTION OF SWIMMING AREAS

A person shall not carry or deposit any glass, crockery, or any metallic substance on any swimming area or beach.

 

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

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Transferred from 15A NCAC 12B .0303 Eff. April 1, 2017.

 

SECTION .0400 - REFUSE AND RUBBISH

 

07 NCAC 13B .0401          DISPOSAL OF REFUSE: GARBAGE: ETC.

(a)  No one shall dispose of household or business refuse, or garbage, in any park.

(b)  The disposal of vegetable matter, fruits, meat products or other food substances in other than a park refuse receptacle is prohibited.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0401 Eff. April 1, 2017.

 

07 NCAC 13B .0402          POLLUTION OF WATERS

Except for park employees, agents and contractors on duty, a person shall not bathe animals or wash vehicles or clothing.

 

History Note:        Authority G.S. 143‑21; 143B-135.16;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

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

 

SECTION .0500 ‑ TRAFFIC AND PARKING

 

07 ncac 13b .0501          VEHICLES:  WHERE PROHIBITED

(a)  A person shall not drive a vehicle including bicycles, wheeled or tracked powered devices, all terrain vehicles, motorcycles, mopeds or similar conveyances in any park within or upon a safety zone, walk, bridle trail, hiking trail, fire trail, service road or any part of any park area not designated or customarily used for such purpose.  Operation of unlicensed for highway-use motor vehicles, motorcycles, golf carts, snow mobiles, utility vehicles, mini-bikes, all terrain vehicles, powered go-carts and powered stand-upon scooters is prohibited within any park.

(b)  A mobility-impaired person using a manual or motorized wheelchair is considered a pedestrian. This Rule is not intended to restrict the activities of such a person beyond the degree that the activities of a pedestrian are restricted by the same Rule, except where use of such wheelchairs constitutes a safety hazard or would damage fragile natural resources.

(c)  No person shall drive a vehicle, bicycle or other conveyance on areas with fragile natural resources that would be damaged by the vehicle, bicycle or other conveyance, or where the use of the vehicle, bicycle or other conveyance would be unsafe. 

(d)  Not withstanding Paragraph (a) of this Rule, operation of licensed vehicles on the unpaved areas of the Fort Fisher Recreation Area is prohibited unless the operator has obtained a vehicle beach use permit as provided by Rule .0104 of this Subchapter.  

(e)  Not withstanding Paragraph (a) of this Rule, operation of motor vehicles upon the unpaved areas of Chestnut Mountain Road within Gorges State Park is prohibited unless the vehicle has four-wheel drive or all wheel drive capability.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 1, 2004; January 1, 1983;

Transferred from 15A NCAC 12B .0501 Eff. April 1, 2017.

 

07 NCAC 13B .0502          PARKING

(a)  An owner or driver shall not allow a vehicle to remain stationary anywhere in any park outside of designated parking spaces, in a "No Parking Zone", in front of a park gate, driveway or emergency vehicle access except for a reasonable time to receive or discharge passengers or load or unload supplies.

(b)  An owner or driver shall not allow a vehicle to remain anywhere in any park unattended or abandoned for longer than 12 hours except by permit, as provided by Rule .0104 of this Subchapter.

(c)  An owner or driver shall not leave a vehicle parked unattended or abandoned overnight except by permit, as provided by Rule .0104 of this Subchapter.

(d)  The Division may remove or tow any vehicle that is in violation of this Rule at the owner's expense.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983;

Transferred from 15A NCAC 12B .0502 Eff. April 1, 2017.

 

07 NCAC 13B .0503          OBSTRUCTING TRAFFIC

A person shall not cause or permit a vehicle to obstruct traffic.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0503 Eff. April 1, 2017.

 

07 NCAC 13B .0504          SPEED LIMIT

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0504 Eff. April 1, 2017.

 

07 NCAC 13B .0505          VIEW INTO VEHICLES

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Repealed Eff. January 1, 1983;

Transferred from 15A NCAC 12B .0505 Eff. April 1, 2017.

 

07 NCAC 13B .0506          EXCESSIVE LOADS

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Legislative Objection Lodged Eff. December 17, 1982;

Amended Eff. January 1, 1983;

Curative Repealed Eff. January 20, 1983;

Transferred from 15A NCAC 12B .0506 Eff. April 1, 2017.

 

SECTION .0600 ‑ BOATING AND CAMPING

 

07 NCAC 13B .0601          BOATING

(a)  Only park employees, their agents, and contractors on duty may use boats, rafts, surf boards, personal watercraft, canoes or any other vessel in designated swimming areas.

(b)  The Division may limit boat motor horsepower or motor type or prohibit the use of gasoline powered motors on designated lakes completely contained within parks and recreation areas based on natural resource protection, public safety, user conflicts, park operations, facility overcrowding and the availability of designated launching facilities.

(c)  Private boats, rafts, canoes, personal watercraft or other vessels may be launched or retrieved only at public boat ramps or designated launch sites.

(d)  The mooring of boats, personal watercraft or other vessels to a dock, wharf, pier, or boat launching facility in such a manner as to prevent, impede or inconvenience the use by another person of any dock, wharf, pier or launch or create a hazard to other watercraft is prohibited and may be moved by park staff at the owners expense.

(e)  Except where facilities are provided, it is unlawful to use any boating access area for purposes other than the launching of boats and parking vehicles and boat trailers.  All other uses including swimming, skiing, camping, building fires, loitering, operating concessions or other activities not directly involved with launching of boats are prohibited, except where authorized by a special activity permit as provided by Rule .0104 of this Subchapter.

 

History Note:        Authority G.S. 113-264; 143B-135.16;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0601 Eff. April 1, 2017.

 

07 NCAC 13B .0602          CAMPING

(a)  A person shall not camp in a state park or recreation area except:

(1)           in a designated camping area; and

(2)           under a valid camping permit.

(b)  All camping permits shall be issued at the desired state park or recreation area by an authorized Division representative no earlier than the first day of the desired period of continuous and actual occupancy.

(c)  Reservations for camping permits shall only be accepted in accordance with the provisions of 07 NCAC 13B .1205, Reservations.

(d)  Payment of the camping permit fee, in full, is required at the time the camping permit is issued or when the reservation is made.

(e)  The maximum period of consecutive overnight camping in any state park or recreation area is 14 days within any 30 day period beginning with the first night of stay.  Multiple camping areas within an individual park or recreation area are considered as a single camping facility for determining the maximum period of overnight camping within any 30 day period.  The maximum consecutive nights shall be extended by the Park Superintendent, upon written request with reasons supporting the extension, if the Park Superintendent determines equitable public access, visitor services and staffing levels will not be affected.

(f)  No camper shall leave a set-up camp unattended for more than 12 hours.  Camping equipment, tents, trailers, recreation vehicles and articles on a campsite left unattended for more than 12 hours are subject to removal at the owner's expense and use of the campsite.

(g)  At least one adult, 18 or older, shall accompany each camper group.

(h)  No campfires shall be left unattended.

(i)  Tents shall only be used in areas delineated for such use. 

(j)  Connecting to a utility system without payment of required fees is prohibited.

(k)  A Division representative may designate portions of a park where food products, garbage, cosmetics, cleaning supplies and equipment used to cook or store food products are required to be kept in a Division supplied food locker, a vehicle, recreational vehicle or suspended at least 10 feet above the ground and four feet horizontally from a post, tree trunk, or other object.  Food, garbage and cooking equipment shall not be stored except as specified in these designated areas.  This Paragraph does not apply to food products, garbage and cooking equipment being transported, consumed or being prepared for consumption.

(l)  Designated camping areas shall be for use by registered campers with a camping permit for that site and their guests only.

(m)  Violation of the terms and conditions of a camping permit issued in accordance with this section is prohibited and shall result in the suspension or revocation of the permit.

(n)  Group and family campsite checkout time is 3:00 PM on the day of departure.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 15, 1981;

Transferred from 15A NCAC 12B .0602 Eff. April 1, 2017.

 

07 NCAC 13B .0603          PICNICKING

 

History Note:        Authority G.S. 113‑35;

Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0603 Eff. April 1, 2017.

 

SECTION .0700 ‑ SPORTS AND GAMES

 

07 NCAC 13B .0701          SPORTS AND GAMES:  WHEN PERMITTED

(a)  Athletic contests, sports and games are allowed in designated areas or by special activity permit, as provided by Rule .0104 of this Subchapter.

(b)  The use of skate boards, roller blades, roller skates and similar devices are prohibited on park roads, sidewalks, and pedestrian areas and on park infrastructure to include walls, railings and culverts.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 1, 1983;

Transferred from 15A NCAC 12B .0701 Eff. April 1, 2017.

 

07 NCAC 13B .0702          HORSES

(a)  A person shall not use, ride, or drive a horse except along a bridle trail or other designated park area.  Horses shall be prohibited from camping areas, swimming areas, cabin areas, picnic areas and other day‑use areas.

(b)  A person shall not load or unload a horse in a state park area or along a bridle trail except in designated park areas for this purpose.

(c)  Special use permits will be required for use of bridle trails in certain parks where permits will help with the management and maintenance of such trails.

 

History Note:        Authority G.S. 143B-135-16;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Transferred from 15A NCAC 12B .0702 Eff. April 1, 2017.

 

SECTION .0800 ‑ HUNTING AND FISHING

 

07 NCAC 13B .0801          HUNTING

A person within any park shall not hunt, pursue, trap, shoot, injure, kill or molest any bird or animal, and shall not have any wild bird or animal in his possession.

 

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

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Transferred from 15A NCAC 12B .0801 Eff. April 1, 2017.

 

07 NCAC 13B .0802          FISHING

(a)  A person shall not fish in any swimming area, from any boat ramp, or in any area designated by signage as a non-fishing area. Any person fishing within a State Park shall comply with all applicable rules in 15A NCAC 03 and 15A NCAC 10C.

(b)  Live specimens to be used for fishing bait shall not be collected within any State park.

 

History Note:        Authority G.S. 143B-135.16(c)(2);

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0802 Eff. April 1, 2017;

Amended Eff. August 1, 2017.

 

SECTION .0900 ‑ FIREARMS: EXPLOSIVES: FIRES: ETC.

 

07 NCAC 13B .0901          FIREARMS: WEAPONS: EXPLOSIVES

(a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

(b)  A person with a valid concealed handgun permit issued by one of the United States that adheres to the requirements set forth in G.S. 14-415.11 may carry a concealed handgun on the grounds and waters of a state park. Persons acting under this exception should take notice that certain Division managed properties are owned by the U.S. Army Corps of Engineers and subject to separate regulations governing firearms. Accordingly, concealed handguns are prohibited at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas.

(c)  The possession or use of cap pistols is prohibited.  The possession or use of dynamite or other powerful explosives as defined in G.S. 14-284.1 is prohibited.

(d)  The possession or use of pyrotechnics is prohibited except for pyrotechnics exhibited, used, or discharged in connection with an authorized public exhibition and approved by the Director of the Division of Parks and Recreation, or designee.  Persons wishing to possess or use pyrotechnics in connection with a public exhibition, such as a public celebration, shall file an application for a special use permit with the park superintendent.  All applicants shall enter an indemnification agreement with the Department and obtain general liability and property damage insurance, with limits as determined by the Secretary or designee, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public exhibition of pyrotechnics or any act(s) or omission(s) on the part of the applicant(s) or the applicant's agents, servants, employees, or subcontractors presenting the public exhibition.  The Division Director or designee may deny an application as deemed necessary to protect the public health, safety, and welfare, or to protect the natural resources of the park unit.

 

History Note:        Authority G.S. 14-269; 14-410; 14-415; 14-415.11; 14-415.24; 113-8; 143B-135.16; 143B-135.43;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Temporary Amendment Eff. July 2, 1997;

Temporary Amendment Expired September 29, 1998;

Amended Eff. January 1, 2014; April 1, 1999;

Transferred from 15A NCAC 12B .0901 Eff. April 1, 2017.

 

07 NCAC 13B .0902          EXPLOSIVES

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0902 Eff. April 1, 2017.

 

07 NCAC 13B .0903          FIRES: LIGHTED CIGARETTES: ETC.

All fires excluding personal smoking materials are prohibited except in designated areas.  Park employees, their agents, and contractors may prohibit fires in designated areas and smoking when a fire hazard makes such action necessary.  A competent person 16 years old or older must continuously tend any fire from the time it is kindled until it is extinguished.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .0903 Eff. April 1, 2017.

 

07 NCAC 13B .0904          SMOKING

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .0904 Eff. April 1, 2017.

 

SECTION .1000 ‑ DISORDERLY CONDUCT: PUBLIC NUISANCE: ETC.

 

07 NCAC 13B .1001          NOISE REGULATION

(a)  The production or emission in state parks or recreation areas by any person of noises, speech, music or other sounds that a reasonable person would believe is annoying, disturbing or frightening is prohibited.

(b)  The operation of motorized equipment or machinery such as a generator, motor vehicle, motorized toy, or an audio device such as a radio, television set, tape deck or musical instrument, or other item that makes noise that a reasonable person would believe is annoying, disturbing or frightening between the hours of 10:00PM and 7:00AM is prohibited.

 

History Note:        Authority G.S. 113-34; 113-264(a); 143B-135.16;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Legislative Objection Lodged Eff. May 11, 1983;

Curative Amended Eff. May 12, 1983;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 12B .1001 Eff. April 1, 2017.

 

07 NCAC 13B .1002          GAMBLING

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Legislative Objection Lodged Eff. March 22, 1983;

Curative Repealed Eff. April 20, 1983;

Transferred from 15A NCAC 12B .1002 Eff. April 1, 2017.

 

07 NCAC 13B .1003          INTOXICATING LIQUORS: CONTROLLED SUBSTANCE OR BEVERAGES

(a)  A person shall not possess or consume any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except at the Chimney Rock Attraction and Chimney Rock  Restaurant at the Chimney Rock State Park as permitted under a long term operating agreement and at the Summit Conference Center, Haw River State Park in designated areas and only after obtaining a Special Activity Permit from the Director of the Division or his or her designee under Paragraphs  (d) through (i) of this Rule.  A person shall not possess or consume any other controlled substance or intoxicating substance within any state park or recreation area.

(b)  A person shall not be or become intoxicated while within any state park or recreation area, including during events approved under a Special Activity Permit.

(c)  A person shall not sell or attempt to sell any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except pursuant to the terms and conditions of a long-term operating lease from the Division.  A person shall not sell or attempt to sell any other controlled substance or intoxicating substance within any state park or recreation area.

(d)  Applications for a Special Activity Permit authorizing the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, shall be made by a Special Activity Permit request to the Director of the Division or his or her designee, not less than 14 days prior to the date(s) of the intended use.

(e)  The written request shall state the period of time and the area from which the use is requested; the number of persons expected to be in attendance; the type of activity and malt beverage, fortified wine, unfortified wine or spirituous liquor involved; and the name of the individual, organization or group seeking permission to use any portion of any state park or recreational area for the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor, listing the name and address of its president, vice president(s), secretary and treasurer or its principal chief executive officer or officers, its directors, if any, and such other pertinent information as may be required by the Director of the Division, or his or her designee, sufficient to identify the organization submitting the request and the individuals principally engaged in the conduct of its affairs.

(f)  The Special Activity Permit shall specify the hours of permitted use, type of malt beverage, fortified wine, unfortified wine or spirituous liquor, the total amounts to be brought into the Park, and the maximum number of attendees.

(g)  If the Director of the Division or his or her designee concludes that the requested use will not hinder or impede any regularly established use of the Haw River State Park and Chimney Rock State Park and will not adversely affect or threaten their care, protection or maintenance or create a nuisance by such use, he or she shall grant permission to use the state park or recreation area specified in the request  or long term operating lease submitted in accordance with this Rule. If the Director or his or her designee shall determine otherwise, he shall deny the request.

(h)  The Director of the Division or his or her designee shall designate appropriate areas and occasions in the designated parks under this Rule, suitable for possession or consumption of malt beverages, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101.  Such areas and occasions shall be limited so as not to interfere, or cause user conflicts, with other groups or individuals also visiting the state park but not requesting the Special Activity Permit.  Examples of appropriate areas include meeting rooms, restaurants, cafeterias, lodging rooms and other similar areas in which user conflicts are minimized.  Examples of permitted occasions include receptions, weddings and retreats.

(i)  The applicant for a Special Activity Permit shall comply with all state or local laws, rules or ordinances related to the possession or consumption of any malt beverage, fortified wine or unfortified wine, as defined in G.S. 18B-101.

 

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

Eff. February 1, 1976;

Amended Eff. January 1, 1983; June 1, 1981;

Legislative Objection Lodged Eff. March 22, 1983;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 12B .1003 Eff. April 1, 2017.

 

07 NCAC 13B .1004          ANIMALS AT LARGE

(a)  A person shall not cause or permit any animal owned by him, in his custody, or under his control, except an animal restrained by a leash not exceeding six feet in length, to enter any park area.  Each animal found at large may be seized and disposed of as provided by local law covering disposal of stray animals on public property.

(b)  Animals, with the exception of service animals, shall not be allowed in swimming areas, bathhouses, restaurants, visitor centers, park offices, community buildings or cabin areas unless an area or facility is designated as pet friendly.

(c)  Animals shall not be unattended at any time within any park area.

(d)  Between 9:00 p.m. and 7:00 a.m., animals shall be confined to owner's enclosed vehicle or tent.

(e)  Any animal causing a nuisance within a park area shall be removed by the owner from the park area upon the request by a division official.

(f)  Pack animals and goats are not allowed in any park except by Special Activity Permit, as provided by Rule .0104 of this Subchapter.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983;

Transferred from 15A NCAC 12B .1004 Eff. April 1, 2017.

 

SECTION .1100 ‑ COMMERCIAL ENTERPRISES: ADVERTISING: MEETINGS: EXHIBITIONS: ETC.

 

07 NCAC 13B .1101          COMMERCIAL ENTERPRISES

(a)  Only park employees, contractors or their agents may engage in business or conduct commercial activity in a park, unless authorized by a special activity permit for a specific event, as provided by Rule .0104 of this Subchapter.

(b)  Craftsmen are not allowed to display their crafts in a park except when authorized for a special event under a special activity permit.  Sales shall not be made except in conjunction with a park sponsored special event under permit as provided by Rule .0104 of this Subchapter.

(c)  Applications for permits shall be made as provided by Rule .0104 of this Subchapter.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .1101 Eff. April 1, 2017.

 

07 NCAC 13B .1102          COMMERCIAL PHOTOGRAPHY

A person shall not take photographs or moving pictures within any park for commercial purposes unless he has a permit.  Applications for permits may be made as provided by Rule .0104 of this Subchapter.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .1102 Eff. April 1, 2017.

 

07 NCAC 13B .1103          COMMERCIAL VEHICLES

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .1103 Eff. April 1, 2017.

 

07 NCAC 13B .1104          ADVERTISING

No one except authorized park employees, their agents, or contractors may erect or post within any park a notice or advertisement without first obtaining a permit.  Applications for permits may be made as provided by Rule .0104 of this Subchapter.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .1104 Eff. April 1, 2017.

 

07 NCAC 13B .1105          Public Assemblies and Meetings; Special Activity Permit

(a)  Public assemblies, meetings, gatherings, demonstrations, events, religious activities and other public expressions of views (hereinafter "event or activity") protected under the First Amendment of the U.S. Constitution, including the distribution of non-commercial printed matter, are allowed within State Parks, so long as the requirements of this Section are met.

(b)  Where the number of persons expected to attend or participate in the event or activity is 20 or less, no Special Activity Permit is required.  If more than 20 persons are expected to attend or participate, approval under this Rule is required.  The Park Superintendent or his or her designee shall also determine if a Special Activity Permit is required by groups that have concurrently reserved shelters, lodges or similar meeting places. 

(c)  An application for such a Special Activity Permit shall be made at least 14 days in advance of the event or activity; shall set forth the name, address and phone number of the applicant; the name of the organization (if any); the name, address and phone number of a contact person; the date, time, duration, nature and location of the proposed event or activity; and the estimated number of persons expected to participate; the equipment and facilities to be used; The 14 day time frame shall be waived if the applicant can demonstrate that there will be no adverse effect on park operations, resources or facilities.  Special Activity Permit applications shall be approved or denied within 10 business days.

(d)  The Park Superintendent or his or her designee shall issue a Special Activity Permit on proper application unless:

(1)           A prior application for a permit for the same time and location has been made and has been or will be granted: the activities for a permit for the same time and location has been made and has been or will be granted; and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular location;

(2)           It reasonably appears that the event or activity will threaten the health, safety and welfare of persons using the Park;

(3)           The event or activity is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors; or

(4)           The event or activity would constitute a violation of an applicable law or regulation.

(e)  The permit may contain such conditions as are reasonably consistent with protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, and number and types of equipment used, but not on the content or viewpoint of the message. Locations which may not be appropriate for Special Activity Permit events or activities include archaeological and interpretive program areas, historic structures; boat ramps; trails; sensitive or fragile natural areas; campgrounds; designated swimming beaches; scenic overlooks and the habitats of threatened or endangered species.

(f)  No permit shall be issued for a period in excess of 48 hours, and the timing of activities are subject to normal Park operating hours.  Permits may be extended for like periods, upon a new application, unless another applicant has requested use of that same location and multiple occupancy of that location is not reasonably possible.

(g)  If a permit is denied, the applicant shall be so informed in writing, with the reason(s) for the denial set forth.

(h)  Regardless of whether a permit is required, participants in events or activities covered under this Rule:

(1)           Are subject to Park rules or directives;

(2)           Are to adhere to locations specified for their event or activity while partaking in such event or activity;

(3)           Are subject to the usual fees for parking, admission or use;

(4)           Are not to place printed materials on Park signs, infrastructure, natural resources or vehicles;

(5)           Are not to obstruct or impede pedestrians or vehicles, or harass Park visitors with physical contact or persistent demands; and

(6)           Are not to threaten the health, safety and welfare of persons using the Park.

(i)  The Park Superintendent shall designate and maintain information on locations not available for events or activities.  Locations may be designated as not available only if such activities would;

(1)           Cause injury or damage to park resources or facilities;

(2)           Unreasonably impair the atmosphere of peace and tranquility maintained in specially protected natural or historic areas;

(3)           Unreasonably interfere with interpretive programs, visitor services, or other program activities, or with the administrative activities of the Park; or

(4)           Substantially impair the operation of public use facilities or services of Park concessioners or contractors;

(j)  Violation of the terms and conditions of a permit issued in accordance with this Rule shall result in the suspension or revocation of the permit by the Park Superintendent or his or her designee.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .1105 Eff. April 1, 2017.

 

07 NCAC 13B .1106          ALMS AND CONTRIBUTIONS

A person shall not solicit alms or contributions for any purpose within any park.

 

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

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Transferred from 15A NCAC 12B .1106 Eff. April 1, 2017.

 

SECTION .1200 ‑ MISCELLANEOUS

 

07 NCAC 13B .1201          CLOSING AND OPENING HOURS; RESTRICTED AREAS

(a)  No person is allowed within the park between posted closing and opening hours except under a Special Activity Permit, as provided by Rule .0104 of this Subchapter. 

(b)  General hours of operation are as follows:

Nov., Dec., Jan., & Feb.                      8:00 a.m. ‑ 6:00 p.m.

March, April, May, Sept., & Oct.      8:00 a.m. ‑ 8:00 p.m.

June, July, & August                           8:00 a.m. ‑ 9:00 p.m.

Note:  The hours of operation for natural areas and undeveloped parks may vary from the listed hours in this Rule and if the hours vary, are posted at such natural areas and undeveloped parks.

(c)  The Division may prohibit or restrict public activity within designated environmentally sensitive areas, areas exceeding capacity levels, construction areas, storm damaged areas and other similar locations for natural resource protection and public safety.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983; April 4, 1979;

Transferred from 15A NCAC 12B .1201 Eff. April 1, 2017.

 

07 NCAC 13B .1202          MINORS

A parent, guardian or custodian, of any minor shall not permit him to do any act prohibited by and division regulations.

 

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

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Transferred from 15A NCAC 12B .1202 Eff. April 1, 2017.

 

07 NCAC 13B .1203          FEES AND CHARGES

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983; June 1, 1981; April 4, 1979; July 1, 1978;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12B .1203 Eff. April 1, 2017.

 

07 NCAC 13B .1204          AVIATION

(a)  A person shall not voluntarily bring, land or cause to descend or alight, ascend or take off within or upon any park 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 park areas where aviation activities are part of the planned park activities, a special use permit will be required.  Requests for permits may be made in the manner prescribed by Rule .0104 of this Subchapter.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Transferred from 15A NCAC 12B .1204 Eff. April 1, 2017.

 

07 NCAC 13B .1205          RESERVATION PERIODS

(a)  Reservations for camping permits, cabins, shelters, community buildings and other facilities will be made using the Division’s central reservation system.  Permits shall be issued upon arrival at the park from a Division representative.

(b)  Reservations for park facilities in state parks will be accepted up to a maximum of 11 months in advance of the requested arrival date with a minimum of 48 hours before arrival.

(c)  Reservations for group camping permits are required prior to any group camping in a state park or recreation area. 

(d)  Campsites may be reserved for a maximum of 14 consecutive nights within any 30 day period beginning with the first night of stay or as provided by 07 NCAC 13B .0602.

(e)  Payment for a Reservation permit must be made at the time the reservation is made.

(f)  A refund of a camping permit fee, resulting from the cancellation of a reservation for a camping permit, shall be made using the Division's central reservation system.  Any changes or cancellations made prior to the scheduled arrival date shall result in a ten dollar ($10.00) charge.  Cancellations made on the scheduled arrival date shall be charged one night's camping for each reservation as well as the ten dollar ($10.00) service charge.  No refunds shall be issued for no-shows, cancellations, or early departures after the date of arrival.  Refunds shall be made using the same method of the original transaction, (e.g. credit shall refund credit).  This applies to all methods of payment, including credit card, gift card, check and cash payment.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983; February 15, 1981;

Transferred from 15A NCAC 12B .1205 Eff. April 1, 2017.

 

07 NCAC 13B .1206          FEES AND CHARGES

 

History Note:        Authority G.S. 113-35(b);

Eff. April 1, 1997;

Amended Eff. July 1, 2010; May 1, 2010; February 1, 2004;

Repealed Eff. April 1, 2016 pursuant to S.L 2015-241, s. 14.11.(b);

Transferred from 15A NCAC 12B .1206 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13C ‑ STATE LAKES REGULATIONS

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13C .0101          AUTHORITY

The rules of this Subchapter apply to the State Lakes at White Lake, Singletary Lake, Bay Tree Lake, Jones Lake, Salters Lake, Lake Waccamaw, and Lake Phelps.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984; April 4, 1979;

Transferred from 15A NCAC 12C .0101 Eff. April 1, 2017.

07 NCAC 13C .0102          DEFINITIONS

The following definitions apply to this Chapter:

(1)           State Lake.  The term state lake or state lakes, unless specifically limited shall be deemed to include all property up to the mean high water mark, whether covered by water or not, in White Lake, Singletary Lake, Bay Tree Lake, Jones Lake, Salters Lake, Lake Waccamaw, and Lake Phelps;

(2)           Mean High Water Mark.  The highest point on the shore of any lake to which water reaches under normal circumstances;

(3)           Regulations.  Any regulation duly adopted by the Department of Natural Resources and Community Development, and posted as a state lakes regulation;

(4)           Owner.  Any person, firm, association, partnership, municipality, county, or corporation owning, leasing, operating or having the exclusive use of a pier, structure or any property under a lease or otherwise;

(5)           Private.  The term private when applied to any permit, shall be deemed to mean that such permit shall be used for the primary enjoyment of the owner's family, personal guests, invitees, tenants or lessees.  With private permits, the owner may not collect any charge or fee for the use of any pier, boat, ramp or other structure which is the subject matter of the permit;

(6)           Joint Private.  The term joint private when applied to any permit means that the permitted structure is in joint ownership.  Adjoining property owners who do not have sufficient land to meet the maximum measurement and limitations may apply for this permit.  With joint private permits, the owners may not collect any charges or fees for the use of any pier, boat, ramp or other structure which is the subject matter of the permit.  This term shall not be construed within the context of these regulations to mean any single family dwelling;

(7)           Commercial.  The term commercial when applied to any permit means that the permitted structure and activity shall be used primarily for gain or profit.  This term shall not be construed within the context of these regulations to mean any single family dwelling;

(8)           Permittee.  Any person to whom a permit is issued;

(9)           Pier.  The entire structure, including walkway, patio, platform, pavilion and boat stall;

(10)         Walkway.  The floored area of a pier excluding the patio, platform, pavilion and boat stall, used for egress and ingress on the pier;

(11)         Pavilion.  Any roofed structure erected above the floor level of a pier;

(12)         Platform.  Any floor area of a pier other than walkways, wherever located;

(13)         Patio.  Any floor area of a pier, whether covered or uncovered, which adjoins that shoreline of a land area of the owner's real property, not including walkways;

(14)         Boat Stall.  Any structure adjoining or attached to a pier which has the capacity to store one boat;

(15)         Appliances.  Any major electrical, gas, heating, or cooling device including, but not being limited to, refrigerators, stoves, heaters, freezers, air conditioners, or any other device or devices designed to be permanently situated or attached;  Appliances shall not be construed to include lights or boats hoists;

(16)         Transfer.  Any devolution of title to or interest in water front property by deed, will, intestate succession, or otherwise by operation of any instrument or law;

(17)         Boat Ramp.  Any permanent or temporary structure which is placed on the floor of a state lake for the purpose of allowing boats to enter or be removed from a state lake; Boat ramp shall not be interpreted to mean boat stall;

(18)         Lake Front Property.  Any property adjoining or abutting upon a state lake.

 

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

Eff. February 1, 1976;

Amended Eff. August 1, 1988; April 4, 1979;

Transferred from 15A NCAC 12C .0102 Eff. April 1, 2017.

 

07 NCAC 13C .0103          CONSTRUCTION

07 NCAC 13C .0104          TERRITORIAL SCOPE

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Amended Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12C .0103, .0104 Eff. April 1, 2017.

 

07 NCAC 13C .0105          PERMITS

A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof.  Any violation by the permittee or employees of any term or condition thereof shall constitute grounds for its revocation by the Department or by its authorized representative as provided for in Regulation .0310 of this Section.  In case of such revocation of any permit, all monies paid for or on account thereof shall, at the option of the Department, be forfeited to and be retained by it; and the permittee, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the Department for all damages and loss suffered by it in excess of money so forfeited and retained; but neither such forfeiture and retention by the Department of the whole or any part of such monies nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability of punishment under the statutes for any violation of any provision of any North Carolina state lakes regulation.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0105 Eff. April 1, 2017.

 

SECTION .0200 ‑ COMMERCIAL ENTERPRISES

 

07 NCAC 13C .0201          COMMERCIAL ENTERPRISES

No person, being without a permit shall, in or upon any state lake or within or upon any structure on the floor of any state lake, sell or offer for sale, hire, lease or let out, any object of merchandise, property, privilege, service or any other thing, or engage in any business or erect any building or other structure whatsoever.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0201 Eff. April 1, 2017.

 

07 NCAC 13C .0202          SCIENTIFIC RESEARCH: EDUCATIONAL: NONCOMMERCIAL ACTIVITIES

No person shall engage in scientific, educational research, or other noncommercial activity in or upon a state lake without a special use permit issued by the Superintendent of State Parks.  No such permit may be issued if the activity for which the permit is applied will have any adverse effect on the state lake or upon those who are engaging in any lawful activities thereon.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0202 Eff. April 1, 2017.

 

07 NCAC 13C .0203          COMMERCIAL ACTIVITIES IN OR UPON STATE LAKES

No person shall engage in any commercial activity in or upon a state lake without a commercial activity permit issued by the Superintendent of State Parks.  No such permit may be issued if the activity for which the permit is applied will have any adverse effect on the state lake or upon those who are engaging in any lawful activities thereon.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0203 Eff. April 1, 2017.

 

SECTION .0300 ‑ CONSTRUCTION AND USE OF PIERS AND OTHER STRUCTURES ON STATE LAKES

 

07 NCAC 13C .0301          PERMITS

No pier, boat ramp, seawall, boat stall, pavilion, platform, patio, or other structure shall be built or maintained upon the floor of any state lake without a permit.  After February 1, 1974, no pier, boat ramp, seawall, boat stall, pavilion, platform, patio or other structure, which requires a permit to be constructed initially, may be modified or enlarged so as to alter the design of the pier or other structure without first obtaining approval of the Division based upon a Permit Amendment Application Form provided by the Division.  Such application shall be in accordance with Regulation .0309 of this Section.  Such desired modification or enlargement must conform to the requirements of the regulations now in force.  All such structures which were in existence on February 1, 1974, shall apply for a permit under these regulations.  If the structure so existing conforms to the specifications governing size and otherwise, application may be made under the terms of Regulation .0311(1) of this Section.  If the existing structure is not within the specifications as prescribed in these rules and regulations, application must be made under the terms of Regulation .0311(2) of this Section.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0301 Eff. April 1, 2017.

 

07 NCAC 13C .0302          STRUCTURES PROHIBITED ON CERTAIN STATE LAKES

No structures, except those owned by the Department, shall be erected in or floating upon Singletary Lake, Jones Lake, and Salters Lake, nor in or floating upon those portions of any other state lake adjoining any land which is now or may later be owned or controlled by the Department.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0302 Eff. April 1, 2017.

 

07 NCAC 13C .0303          PERMISSIBLE STRUCTURAL DIMENSIONS

Permits shall be approved for piers, boat ramps, boat stalls, pavilions, platforms, patios and other structures subject to the following limitations:

(1)           Commercial Piers.  Maximum measurements for a commercial pier shall be as follows:

(a)           walkways, 16 feet wide;

(b)           length of pier structure, 375 feet;

(c)           platform, pavilion; 32 feet in width;

(d)           platform, pavilion; 50 feet in length;

(e)           patio, 20 feet in length extending from mean high water mark. water mark.

(2)           Private piers shall conform to the maximum requirements:

(a)           Single family pier:

(i)            walkways, 8 feet wide;

(ii)           length of pier structure, 225 feet;

(iii)          platform, pavilion; 20 feet in width;

(iv)          platform, pavilion; 32 feet in length;

(v)           patio, 20 feet in length extending from mean high water mark;

(b)           Joint private piers shall be limited to the following maximum measurements:

(i)            walkways, 16 feet wide;

(ii)           length of pier structure, 225 feet;

(iii)          platform, pavilion; 32 feet in width;

(iv)          platform, pavilion, 50 feet in length;

(v)           patio, 20 feet in length extending from mean high water mark.

(3)           Public piers shall be subject to the following maximum measurements and limitations:

(a)           walkway, 16 feet wide;

(b)           length of pier structure, 225 feet;

(c)           platform, pavilion; 32 feet in width;

(d)           platform, pavilion; 50 feet in length;

(e)           patio, 20 feet in length extending from mean high water mark.

(4)           Boat Ramps.  The maximum limitation for the size of a boat ramp will be 25 feet by 25 feet square; boat ramps shall not be subject to location criteria of Regulation .0303(6)(a) of this Section.

(5)           Boat Stalls.  There shall be a limit of one boat stall per single family pier.  Boat stalls will not be permitted on joint private, public, or commercial piers.

(6)           All permitted structures shall be subject to the following additional provisions:

(a)           No structure or any portion thereof, except boat ramps, shall be located closer than 15 feet from the property owners' corners in the shoreline.  Adjoining property owners who own waterfront property may, by special agreement, waive this provision in unusual or hardship cases, and where no hazard is erected by the waiver, may submit an application for a joint private pier permit.

(b)           Piers must be located so as to point to a location fixed by the Division.

(c)           No pier, patio, platform, pavilion or boat stall may be located within 25 feet of another structure.

(d)           Where an applicant fails to comply with these regulations because of the noncompliance of an adjoining property owner who holds a permit for a structure erected prior to the effective date of these regulations, the applicant shall submit his application for approval to the Division.  The Division may approve the application subject to conditions and modifications it imposes in the permit.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0303 Eff. April 1, 2017.

 

07 NCAC 13C .0304          LIMITS ON ELEVATED STRUCTURES

Maximum limits for structures of all types above the floor level of the pier, platform or patio shall be as follows:

(1)           Overall structure height may not exceed 15 feet above the floor level of the pier, with the exception of flag poles, semaphores and light poles which may extend to a height of 20 feet above the first floor level.

(2)           Storage boxes, lofts and compartments may be constructed on any pier so long as no equipment, materials or other property used in the construction of or stored in said storage areas shall be subject to combustion.  All such structures must also provide for adequate ventilation.  No electrical appliances may be installed within such boxes.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0304 Eff. April 1, 2017.

 

07 NCAC 13C .0305          PERMITS FOR STRUCTURES EXISTING AS OF FEBRUARY 1, 1974

(a)  Owners of structures which presently meet the specifications of these regulations but were built under a valid permit and which were built according to the terms of that permit may legally continue under the old permit.  Structures which were built without a permit or which were built under a permit but exceed the terms of the permit must apply for a new permit as in Regulation .0312 of this Section.

(b)  Owners of structures which do not meet the specifications of these regulations including structures which were built without a permit or built under a legal permit but no longer meet the specifications of the permit and which structures, because of size or otherwise, are no longer eligible for a permit under these regulations must apply for a nonconforming use permit as described in Regulation .0312(1) of this Section.  All such applications should be made to the Secretary of the Department of Natural Resources and Community Development, Box 27687, Raleigh, North Carolina, 27611, on forms provided by the Department.  Such a permit when issued shall have the following conditions attached thereto; no alterations, enlargements or other structural modifications are permitted.  Repairs to maintain the safety of the structure are allowed; should such structures be destroyed or substantially damaged (greater than 50 percent of replacement cost) from any causes, no replacement under the terms of the nonconforming use permit will be permitted.  The owner of such structure may also agree that the Department of Natural Resources and Community Development, at the Department's own expense, may bring the structure into compliance with these rules and regulations and therefore be eligible for an ordinary permit.

 

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

Eff. February 1, 1976;

Amended Eff. April 4, 1979;

Transferred from 15A NCAC 12C .0305 Eff. April 1, 2017.

 

07 NCAC 13C .0306          FEES

The following schedule of fees shall be applicable to all structures beginning August 1, 1991, the payment of which shall be prerequisite to the rights and privileges exercised pursuant to these regulations and any and all permits issued pursuant thereto.  Annual fees are due on May 1 of each year:

(1)           Each application for the construction or placement of a new structure or the complete replacement of an existing structure, or the complete replacement of a structure for which a permit has previously been issued but which structure has been destroyed or removed by any means, shall be accompanied by an application fee of sixty dollars ($60.00) which is only refundable if the application is rejected.

(2)           Applications for modifications or enlargement of an existing structure for which a valid permit is held by the applicant for modification or enlargement thereof shall be accompanied by an application fee of sixty dollars ($60.00) which shall be refundable only if the application is rejected.

(3)           Application for renewal of a permit which was otherwise valid but which has been revoked for failure to pay the annual pier renewal fee within the time provided within 60 days after the due date thereof shall be accompanied by a renewal application fee of sixty dollars ($60.00), which shall only be refundable if the application is rejected.

(4)           Transfer Fee.  Applications for a transfer of a permit to the new owner of the waterfront property or the new owner of an interest in waterfront property giving rise to the right of a permit under these regulations shall be accompanied by a transfer fee of thirty dollars ($30.00) which shall not be refundable for any reason.  This fee is not subject to being prorated and shall be paid in full without regard to the time of year at which the transfer occurred.

(5)           Application for a nonconforming use permit shall be accompanied by an application fee of one hundred and fifty dollars ($150.00), which is not refundable for any reason.

(6)           Annual fees:

(a)           private structures:

(i)            piers not more than 50 feet in length ‑‑ fifteen dollars ($15.00);

(ii)           piers more than 50 feet in length but not more than 100 feet in length ‑‑ thirty dollars ($30.00);

(iii)          piers more than 100 feet in length but not more than 150 feet in length ‑‑ forty‑five dollars ($45.00);

(iv)          piers more than 150 feet in length ‑‑ sixty dollars ($60.00);

(v)           boat ramps, boat mooring buoy ‑‑ fifteen dollars ($15.00);

(b)           commercial structures:

(i)            piers not more than 225 feet in length ‑‑ seventy‑five dollars ($75.00);

(ii)           all piers more than 225 feet in length ‑‑ one hundred and fifty dollars ($150.00);

(iii)          boat ramps, boat mooring buoys ‑‑ seventy‑five dollars ($75.00);

(c)           public structures ‑‑ thirty dollars ($30.00).

 

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

Eff. February 1, 1976;

Temporary Amendment Eff. August 12, 1991 For a Period of 180 Days to Expire on February 8, 1992;

Amended Eff. March 1, 1992; August 1, 1988;

Transferred from 15A NCAC 12C .0306 Eff. April 1, 2017.

 

07 NCAC 13C .0307          CONDITION OF DOCKS: ETC.

All piers, boat ramps, seawalls, boathouses, pavilion, platform, patio or other structures on a state lake must without expense to the Department be kept by the owner in a good state of repair and in a clean, sanitary, safe and presentable condition.  Owners shall comply with all laws, rules and regulations now existing or hereafter adopted by the state and county departments of health.  Owners shall also comply with all zoning regulations of the local town, municipality, or county.  The provisions of this Regulation shall be subject to the notice and hearing procedures set forth in Regulation .0315 of this Section.  At least one inspection of each structure shall be made annually by the Division.  Within 60 days of the date of inspection a notice of the results of such inspection shall be sent to the permit holder.  This notice shall indicate either that the structure meets with the requirements of these regulations or if it does not shall specify:

(1)           what problems are noted,

(2)           what corrective actions are recommended.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0307 Eff. April 1, 2017.

 

07 NCAC 13C .0308          OBSERVANCE OF REGULATIONS

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12C .0308 Eff. April 1, 2017.

 

07 NCAC 13C .0309          ELIGIBILITY FOR PERMITS

Permits to erect or attach structures except legal mooring buoys to the floor of any state lake, whether or not said structure shall also rise above the surface of the water thereof, shall be available only to the following classes of persons:

(1)           owners of lands adjoining or abutting upon the waters;

(2)           owners of an exclusive right to use lands having lake frontage, which lands are held by them for their exclusive use, held by them, or held by the record title owner of said property for the benefit of the owners of the right to use said lake front property;

(3)           towns, municipalities or county governments at a public beach or at the end of a dedicated street.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0309 Eff. April 1, 2017.

 

07 NCAC 13C .0310          REVOCATION OF PERMITS

Permits granted pursuant to these regulations may be revoked for one or more of the following reasons:

(1)           failure to pay any fee within 60 days after the due date thereof;

(2)           failure to comply or to make provision to comply with the lawful order of any appropriate state park official concerning corrective measures to a structure deemed necessary by the Department, within 30 days after receipt of a detailed notice setting forth in clear and unambiguous language the corrective measures deemed by the Department to be necessary to bring the structure into compliance with these regulations, which notice shall further contain reference to the regulation or regulations giving rise to the order to take corrective measures, and also giving notice as to his rights under Regulation .0315 of this Section, which notice shall be mailed by the Division to the permit holder at both his lake address and his permanent address, if any, by certified mail, return receipt requested, postage prepaid by the Department;

(3)           failure to pay the permit transfer fee set forth in Regulation .0306 of this Section within 60 days after the date of the transfer of title to the waterfront property, or the transfer of the interest in waterfront property, which gives rise to the right to the permit;

(4)           failure to comply with any rule or regulation herein or with any condition imposed on any permit issued.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0310 Eff. April 1, 2017.

 

07 NCAC 13C .0311          APPLICATION FOR STRUCTURAL PERMITS

Applications shall be made to the Division of parks and recreation on standardized forms supplied by the Division, and which shall include the following information: (to be submitted in triplicate):

(1)           for initial permit, or permit for existing structure which meets these regulations:

(a)           a written description of a structure for which the permit is desired;

(b)           a drawing, photograph, diagram or other illustration adequately depicting the structure for which the permit is desired, and which drawing, photograph, diagram or other illustration locates the structure relative to the waterfront property which gives rise to the right to apply for the permit sufficient to meet the requirements of Regulation .0303 of this Section;

(c)           a statement identifying the waterfront lands to which the structure is to be attached, or if the structure is not to be attached to the waterfront property at the water line, the waterfront property which gives rise to the right to apply for the permit.  A map or plat of the waterfront property will suffice for this identifying statement; such maps are highly desirable;

(d)           a statement of applicant's ownership of or property right in the waterfront lands giving rise to the right to apply for the permit;

(e)           a statement that the applicant has read and understands these regulations and that to the best of his knowledge and belief all of the statements contained in this application are true in accordance with these regulations;

(f)            a statement of the applicant's full name, and his or her lake and permanent address;

(g)           such other information as the Division may include in said application which is reasonably related to the administration of these regulations and the furtherance of the purposes of these regulations set forth above;

(2)           applications for amendment of a permit for modification or enlargement for a structure:

(a)           a written description of the structure for which the amended permit is desired, describing the modification and/or enlargement to be made to the structure;

(b)           a drawing, photograph, diagram or other illustration adequately depicting the modifications and/or enlargements for which the amended permit is desired, and locating the proposed modifications and/or enlargements with respect to the existing structure and the waterfront property giving rise to the initial permit; which shall be sufficient to conform to the requirements of Regulation .0303 of this Section;

(c)           a statement setting forth any changes in applicant's ownership or property interest in the waterfront lands giving rise to the initial permit and the application for an amended permit which have occurred since the date of the application for the initial permit, if any;

(d)           a statement that the applicant has read and understands these regulations as of the date of the filing of the application for an amended permit and that to the best of his knowledge and belief all of the statements contained in this application are true in accordance with these regulations;

(e)           such other information as the Division may include in said application which is reasonably related to the administration of these regulations and the furtherance of the purposes of these regulations set forth above;

(3)           Applications for transfer of a permit (to be made by transferee):

(a)           a statement of the name or names of the transferee or transferees, together with their permanent home address and their lake address;

(b)           the name and address of transferor of the permit;

(c)           the permit number or other identifying mark of the Division of parks and recreation by which the permit is identified;

(d)           evidence of the conveyance, devise, or other mode of transfer of title to the property giving rise to the right to the permit; for example, but not by way of limitation, a copy of the deed of conveyance, copy of will, or reference to the place of recording in the public registry in the county in which the property is situated where written evidence of the transfer may be found;

(e)           such other information as the Division may include in said application which is reasonably related to the administration of these regulations and the furtherance of the purposes of these regulations set forth above.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0311 Eff. April 1, 2017.

 

07 NCAC 13C .0312          PERMITS FOR STRUCTURES EXISTING ON FEBRUARY 1, 1974

(a)  For structures meeting the specifications of these rules and regulations; application for structures under these conditions may be made as under Regulation No. .0311(1) of this Section.

(b)  For structures which do not meet the specifications of these rules and regulations; these applications for a nonconforming use permit should be made directly to the Secretary of the Department of Natural Resources and Community Development, Box 27687, Raleigh, North Carolina, 27611, on standardized forms supplied by the Department.  The information supplied shall include the following:

(1)           The date construction was initiated on the structure;

(2)           List nonconforming specifications;

(3)           See .0311(1)(a) of this Section;

(4)           See .0311(1)(b) of this Section;

(5)           See .0311(1)(c) of this Section;

(6)           See .0311(1)(d) of this Section;

(7)           See .0311(1)(e) of this Section;

(8)           See .0311(1)(f) of this Section;

(9)           See .0311(1)(g) of this Section.

 

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

Eff. February 1, 1976;

Amended Eff. April 4, 1979;

Transferred from 15A NCAC 12C .0312 Eff. April 1, 2017.

 

07 NCAC 13C .0313          LIABILITY

Neither the state nor the Department nor any of its employees shall be held liable in any claims arising from damage to person or property in the use by permittee or by the public of structures on the state lakes.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0313 Eff. April 1, 2017.

 

07 NCAC 13C .0314          RIGHT OF ENTRY RESERVED

The Department reserves to itself through its authorized officers the right of entry upon any pier, ramp or other structure held by the permittee to inspect the same at reasonable times for the purpose of seeing that the regulations are being carried out and that the permittee is conducting his operation or his use and occupancy in conformity with these regulations.  The permittee, by holding or requesting a pier permit grants to the Department the right to land access to the pier, ramp or other structure for the purpose of inspection of the pier.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0314 Eff. April 1, 2017.

 

07 NCAC 13C .0315          NOTICES: RIGHT TO HEARING: HEARING PROCEDURES: APPEAL

(a)  Pier permit revocations and denials of applications for structural permits create opportunities for contested case hearings under G.S. 150B‑23.  Contested case hearings, including petitions for hearings, are governed by G.S. 150B, Article 3, and rules of the Office of Administrative Hearings at 26 NCAC 3.

(b)  The power of the Department to give notice of permit revocation or structural permit denial under this Rule is vested in the Chief of Operations of the Division of Parks and Recreation.  Before revoking any pier permit under these rules, the Department shall five notice of its intent to revoke to the permit holder.  Upon the denial of any application for a structural permit under these rules, the Department shall give notice of its action to the applicant.  The notice required by this Paragraph shall be in writing, and shall be served either personally, or by certified mail with return receipt requested, or in the manner provided at G.S. 1A‑1, Rule 4 (j1).

(c)  The notice required by Paragraph (b) of this Rule shall contain the following:

(1)           facts:

(A)          in the case of a permit revocation, the facts relied upon by the Department to support its intended revocation; and

(B)          in the case of a structural permit denial, the facts relied upon as the basis for the denial.

(2)           rules:  the rule or rules in 07 NCAC 13 under which the Department acts or intends to act;

(3)           corrective action:  a statement of the corrective action, if any action is possible, to bring the permit holder, or applicant's application, into compliance with the rules at Paragraph (c)(2) of this Rule.  In the case of a permit revocation for failure to pay a fee required under these rules in the time provided, late payment is not corrective action;

(4)           final date:  the date on which the revocation or denial will become final if the permit holder or applicant does not request a hearing as provided in this Rule.  The final date shall be no sooner than the 61st day after service of notice on the permit holder or applicant;

(5)           right to a hearing:  a statement that the permit holder or applicant has a right to a hearing, if the hearing request is made:

(A)          in the form prescribed by G.S. 150B‑23(a);

(B)          accompanied by a certificate of service on the Department showing service has been made as follows:

Joseph E. Slate Jr., Registered Agent

Room 1225, 12th Floor, Archdale Building

512 North Salisbury Street

P. O. Box 27687

Raleigh, North Carolina  27611

(C)          in a timely manner, either by postmarking or hand‑delivery no later than the 60th day following service of the Department's notice under Paragraphs (b) and (c) of this Rule, to the following address:

Office of Administrative Hearings

424 North Blount Street

P. O. Drawer 11666

Raleigh, North Carolina  27604

(6)           failure to exhaust remedies:  a statement that the failure to request a hearing in the form, manner, and time required by this Rule constitutes a failure to exhaust all administrative remedies made available under this Rule, and that this failure will preclude judicial review under G.S. 150B of any denial or revocation by the Department.

(d)  The final agency decision power of the Department under G.S. 150B‑36 on a recommended decision or order of an administrative law judge made under G.S. 150B‑34 shall be made by the Director of the Division of Parks and Recreation.

(e)  The failure of the pier permit holder or a structural pier permit applicant to request a hearing in the form, manner, and time required required by Paragraph (c) of this Rule constitutes a failure to exhaust all administrative remedies made available under this Rule.  In a case of a failure of a permit holder to request a hearing in the form, manner, and time required by Paragraph (c) of this Rule, the director will enter an order to revoke the permit.  No none who fails to exhaust this administrative remedy is entitled to judicial review of a permit revocation or denial under G.S. 150B.

 

History Note:        Authority G.S. 143B-135.16; 150B‑23;

Eff. February 1, 1976;

Amended Eff. October 1, 1988; April 4, 1979;

Transferred from 15A NCAC 12C .0315 Eff. April 1, 2017.

 

07 NCAC 13C .0316          ENFORCEMENT

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12C .0316 Eff. April 1, 2017.

 

SECTION .0400 ‑ MISCELLANEOUS STATE LAKES REGULATIONS

 

07 NCAC 13C .0401          DISPOSAL OF REFUSE: GARBAGE: ETC.

07 NCAC 13C .0402          HUNTING

07 NCAC 13C .0403          FIREARMS

07 NCAC 13C .0404          EXPLOSIVES

07 NCAC 13C .0405          AVIATION

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12C .0401-.0405 Eff. April 1, 2017.

 

07 NCAC 13C .0406          WATER LEVEL

No person shall in any way damage or alter drainage ditches, drainage gates or any other inlet or outlet from a state lake; nor in any way change the water level of a state lake.  Water level for purpose of measuring the depth of water in the lake shall be determined by the Department.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0406 Eff. April 1, 2017.

 

07 NCAC 13C .0407          MOORING BUOYS

No stakes, poles or posts shall be driven or placed into the floor of any state lake for any purpose, except to anchor a lawfully placed mooring buoy.  Mooring buoys may be placed upon the floor of state lakes for the purpose of mooring boats by permits issued by the Division.  Mooring buoys placed upon state lakes shall meet the requirements of the Wildlife Resources Commission State Boating Regulations.  No mooring buoy may be placed outside any established safety zone, or 375 feet from shore where there is no established safety zone.  Where the permittee is an owner the buoy may be placed at any point within the safety zone.  Where the permittee is not an owner, the buoy may not be placed within 25 feet of any structure or within 100 feet of the shore.  However, in no case may a mooring buoy be placed within 25 feet of another legally permitted buoy.  The Division may authorize the placement of buoys for recreational purposes.  The Division is to cooperate, whenever possible, with clubs, groups and other organizations seeking to promote or offer organized recreational activities or shows or tournaments.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0407 Eff. April 1, 2017.

 

07 NCAC 13C .0408          STATE PARKS REGULATIONS

In addition to the North Carolina State Lakes regulations, the North Carolina State Park and Recreation Area regulations shall apply to Jones Lake, Phelps Lake, Salters Lake, Singletary Lake and those portions of any other state lakes adjoining any land which is now or may later be owned or controlled by the Department.

 

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

Eff. February 1, 1976;

Transferred from 15A NCAC 12C .0408 Eff. April 1, 2017.

 

07 NCAC 13C .0409          INFORMATION

Information concerning state lakes regulations may be obtained by contacting the Division of parks and recreation:

(1)           Superintendent

Singletary Lake

Route 1, Box 63

Kelly, North Carolina  28448

(2)           Superintendent of State Parks

Division of Parks and Recreation

Department of Natural Resources and Community Development

P.O. Box 27687

Raleigh, North Carolina  27611

 

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

Eff. February 1, 1976;

Amended Eff. April 4, 1979;

Transferred from 15A NCAC 12C .0409 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13D ‑ SELECTION OF LANDS FOR ACQUISITION

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13D .0101          RECOMMENDATIONS

(a)  Recommendations for the acquisition, including less than fee simple, properties are accepted from all citizens of North Carolina.  Recommendations may be sent to Director of Parks and Recreation, P.O. Box 27687, Raleigh, North Carolina  27611.

(b)  The recommendations should include location of property, descriptions of the property, and proposed uses of property.

(c)  The Division will acknowledge receipt of recommendations and advise recommending citizens of the status, including final disposition, of their recommendations.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12D .0101 Eff. April 1, 2017.

07 NCAC 13D .0102          DIVISION ASSESSMENT

07 NCAC 13D .0103          PARKS AND RECREATION COUNCIL

07 NCAC 13D .0104          INTERIM DEPARTMENT DECISION

07 NCAC 13D .0105          FINAL DEPARTMENT DECISION

 

History Note:        Authority G.S. 113‑35;

Eff. February 1, 1976:

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12D .0102-.0105 Eff. April 1, 2017.

 

07 NCAC 13D .0106          ACQUISITION CRITERIA

(a)  The statewide comprehensive outdoor recreation plan and the individual site master plan shall provide the basis of department decision making on the acquisition of land for the statewide outdoor park and recreation system.

(b)  The criteria which the SCORP has identified as being the key consideration in the potential acquisition of park or recreation sites are:

(1)           statewide significance of the site;

(2)           scenic beauty of the site;

(3)           outdoor recreation potential of the site;

(4)           unsatisfied recreation demands;

(5)           the extent to which the various regions of the state are presently served;

(6)           the goal of a balanced system including state parks, state recreation areas, state trails, state natural and scenic rivers, and state nature preserves;

(7)           the need for preservation of the site.

(c)  All these criteria are considered of equal weight and significance.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12D .0106 Eff. April 1, 2017.

 

SECTION .0200 ‑ CONSERVATION AGREEMENTS (EASEMENTS)

 

07 NCAC 13D .0201          ACCEPTANCE OF CONSERVATION AGREEMENT (EASEMENT)

07 NCAC 13D .0202          PURPOSE

07 NCAC 13D .0203          RECOMMENDATIONS AND OFFERS OF DONATION OR SALE

07 NCAC 13D .0204          ACQUISITION CRITERIA

07 NCAC 13D .0205          SPECIFICATIONS FOR OFFER

07 NCAC 13D .0206          AGREEMENT CONDITIONS

07 NCAC 13D .0207          DIVISION ASSESSMENT

07 NCAC 13D .0208          PARKS AND RECREATION COUNCIL

07 NCAC 13D .0209          INTERIM DEPARTMENT DECISION

07 NCAC 13D .0210          FINAL DEPARTMENT DECISION

 

History Note:        Authority G.S. 113‑35; 121‑34 through 121‑42;

Eff. August 30, 1980;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12D .0201-.0210 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13E – reserved for future codification

 

 

SUBCHAPTER 13F ‑ NATURAL AND SCENIC RIVERS PROGRAM

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13F .0101           STATEMENT OF POLICY

07 NCAC 13F .0102           STATEMENT OF PURPOSE

07 NCAC 13F .0103           DEFINITIONS

07 NCAC 13F .0104           LOCATION

 

History Note:        Authority G.S. 113A‑31; 113A‑32; 113A‑35; 113A‑36;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12F .0101-.0104 Eff. April 1, 2017.

SECTION .0200 ‑ CRITERIA FOR CLASSIFICATION AND DESIGNATION

 

07 NCAC 13F .0201           CRITERIA FOR CLASSIFICATION

 

History Note:        Authority G.S. 113A‑34; 113A‑36;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12F .0201 Eff. April 1, 2017.

 

07 NCAC 13F .0202           CRITERIA FOR DESIGNATION

(a)  In addition to the criteria listed in G.S. 143B-135.150, the following criteria for a river to qualify as either natural or scenic shall apply to this Subchapter:

(1)           A river segment should be long enough to provide a rewarding experience and to encompass a sufficient portion of those features and processes that make the segment worthy of consideration.  Generally, in urban areas, any segment included in the rivers system should be at least two and one‑half miles long.  In non‑urban areas, a segment should be at least five miles in length.

(2)           Boundaries.  The natural features and forces necessary for the maintenance of a high quality riverine resource must be identified, and boundaries should be established to provide for adequate protection of these features.

(b)  In addition to the criterion set out in Subsection (a) of this Rule, a river shall meet the following criteria for designation as a natural river:

(1)           Water Flow

(A)          The river (or segment) must be free from impoundments including dams, diversion works, artificial constrictions of the river, rock rip‑rap, concrete blocks, retaining walls, rock filled gabions, or pilings.  Future dam construction within the river (or segment) shall be prohibited.

(B)          The infiltration capacity should approximate that of an undisturbed watershed.

(2)           Public Access

(A)          Public access shall be limited to trails and must be by foot or non‑powered water craft, except in certain instances, primarily on coastal waters, where access may be by motorized watercraft.

(B)          Motorized vehicles shall not be visible from the river and no roads or other provisions for overland motorized travel are permitted within a narrow incised river valley, or if the river valley is broad, within one‑fourth mile of, and parallel to, the river bank.  The presence, however, of inconspicuous roads leading to the river area may be permissible.

(3)           Environmental Quality

(A)          Natural rivers and adjacent land areas present natural features and processes essentially undisturbed by man.  Shorelines are free of habitation and other substantial evidence of man's intrusion, except that inconspicuous dwellings may be permitted.  Watersheds are natural‑like in appearance and all conservation methods employed must be in keeping with the natural river environment.

(B)          Abandoned pasture, old field succession areas (including early stages), old burns, and relatively unobtrusive forest management activity areas can be permitted.

(C)          Natural river area designation is enhanced by the existence of climax species or extremely well developed vegetational communities, visible indigenous animal species, high water quality, and unique natural features.

(c)  In addition to the criteria set out in Subsection (a) of this Rule, a river shall meet the following criteria for designation as a scenic river:

(1)           Water Flow.  The river (or segment) shall be largely free of impoundments.  If an impoundment is present, water should not have the characteristics of impoundment for any significant distance.  Future dam construction within the segment shall be prohibited.

(2)           Public access to scenic rivers may be by roads which occasionally bridge the river.  Short stretches of conspicuous or longer stretches of inconspicuous and well‑screened roads or railroads paralleling the river area may be permitted.

(3)           Environmental Quality

(A)          Scenic river areas are more amenable to multiple use than natural river areas.  They are more suited for active and intensive recreational uses.  However, these uses must be kept within the restraints imposed by the ability of the resources to support use without degradation.

(B)          Scenic river shorelines and adjacent lands shall be largely free of structures.  Forested landscapes mixed with dispersed agricultural uses and rural dwellings or settlements, including low density vacation homes, are characteristic of scenic river areas.  Small communities or any concentration of habitation should be limited to relatively short stretches.  Indigenous construction materials are preferred.  Farming, timber harvest, and similar resource use is permissible if accomplished without a substantially adverse effect on natural appearance.

(C)          Acceptable erosion control devices, in accordance with the Sedimentation and Pollution Control Act, must be installed.

(D)          Occasional utility easements, perpendicular to the river course, may be permitted.

 

History Note:        Authority G.S. 143B-135.142; 143B-135.150; 143B-135.156;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; January 1, 1985; October 1, 1984;

Transferred from 15A NCAC 12F .0202 Eff. April 1, 2017.

 

SECTION .0300 ‑ CRITERIA FOR MANAGEMENT

 

07 NCAC 13F .0301           GENERAL POLICY

 

History Note:        Authority G.S. 113A‑36;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12F .0301 Eff. April 1, 2017.

 

07 NCAC 13F .0302           NATURAL AND SCENIC RIVERS

Specifications for natural and scenic rivers:

(1)           Rules, regulations, policies and procedures may be enforced only in areas to which the state has either prior jurisdiction or fee simple possession.

(2)           Policies and procedures can be enforced in areas in which the state has acquired an easement, but only through the terms found in the deed of easement.

 

History Note:        Authority G.S. 143B-135.156;

Eff. April 4, 1979;

Transferred from 15A NCAC 12F .0302 Eff. April 1, 2017.

 

07 NCAC 13F .0303           MANAGEMENT OF NATURAL RIVER AREAS

(a)  The management of a natural river area shall give primary emphasis to protecting the values which make it outstanding while providing river related outdoor recreation opportunities in a natural setting:

(1)           No dredging or sand and gravel operations shall be permitted.

(2)           Felled trees that partially block passage down the river or obstruct stream flow may be removed.

(3)           No clearcutting of trees shall be allowed on lands owned by the state and designated as a natural river area.

(4)           No streamside trees providing shade to the river shall be cut unless they present a hazard to public health and safety.

(b)  Reasonable restraints on allowable volumes of use may be employed.

(c)  Facilities

(1)           Existing structures that are not harmonious with the natural character of the area shall be screened or made more harmonious.

(2)           New structures shall be prohibited unless they are clearly in keeping with the natural river area classification and management objectives and conform with the approved management plan for the area.

(3)           Management facilities may be permitted if no significant adverse effect occurs to the natural character of the area.

(4)           Adequate parking, launch ramps, and information displays may be provided at the beginning and at the end of designated natural river segments.

(5)           Recreation Facilities

(A)          Low density day use and, where necessary, primitive overnight use, are permissible.

(B)          Major public use areas, such as campgrounds, interpretative centers, or administrative headquarters shall be located outside of, but adjacent to, natural river areas.

(C)          Simple comfort and convenience facilities, such as fireplaces, potable water, shelters, toilets, and where necessary, primitive camping facilities may be provided at certain selected points within natural river areas for recreation users to the extent that they are necessary to provide an enjoyable experience, protect popular sites, and meet the management objectives.

(d)  Recreation activities that may be consistent with the management of a natural river area in the system are:

(1)           hiking, defined as foot travel on trails which can be traversed in one day or less;  Ideally, these trails should be loop trails with some shelter.  Loop trails of one‑half mile to two miles may be used for interpretative purposes;

(2)           backpacking;

(3)           horseback riding on trails parallel to and along a designated river area;

(4)           boating, which may include tubing, kayaking, canoeing, rafting and power boating; However, power boating may be restricted by such means as limitations on engine size and limitations of use at specified times and at specified places;

(5)           swimming;

(6)           hunting and fishing, where consistent with state regulations.

(e)  Access

(1)           Direct river access shall be provided and occur only at the beginning and end of designated natural rivers or segments.

(2)           Perpendicular side trails may provide non‑vehicular river access at intermediate points along the river or segment.

 

History Note:        Authority G.S. 143B-135.156;

Eff. April 4, 1979;

Transferred from 15A NCAC 12F .0303 Eff. April 1, 2017.

 

07 NCAC 13F .0304           MANAGEMENT OF SCENIC RIVER AREAS

(a)  A scenic river area shall be managed so as to maintain and provide outdoor recreation opportunities in the near‑natural setting.  Diversity and volume of recreational use will dictate more intensive management practices on segments designated as scenic.

(b)  Reasonable restraints on allowable volumes of use may be employed.

(c)  Facilities

(1)           Facilities at access points may include any of those allowed at public access on natural rivers listed in Rule .0303(c) of this Section plus campgrounds, interpretative, and administrative facilities.

(2)           Scenic rivers can have roads paralleling some portions of the river.  Where such roads are public, they may be designated as scenic roads.  Overlooks, roadside picnic areas, and undeveloped tent and trailer camping facilities may be developed.

(3)           Recreational Facilities

(A)          Boating facilities shall be similar to those found on natural river areas listed in Rule .0303(c) of this Section.

(B)          Bicycle Facilities

(i)            Bicycle rest areas may be provided and may be in conjunction with roadside picnic areas, overlooks, and rest stops for other activities.

(ii)           Overnight camping facilities for cyclists may be provided at appropriate intervals.

(d)  Access

(1)           Direct vehicular access may be permitted at appropriate points along a scenic river.

(2)           Access facilities for boating and floating may be permitted at intermediate points along the river.

(3)           Motorized vehicles shall be allowed on designated sections of the land area.

(e)  Activities.  Activities consistent with the management of a scenic river in the system are the same as those for a natural river area listed in Rule .0303(c) of this Section plus scenic driving and bicycling.

(f)  Integrated public and private investments on designated scenic river areas shall be encouraged.

 

History Note:        Authority G.S. 143B-135.156;

Eff. April 4, 1979;

Transferred from 15A NCAC 12F .0304 Eff. April 1, 2017.

 

SECTION .0400 ‑ PROCEDURES LEADING TO THE INCLUSION OF RIVERS IN THE SYSTEM

 

07 NCAC 13F .0401           PROCEDURES LEADING TO DESIGNATION

07 NCAC 13F .0402           SCHEDULE OF RIVERS FOR STUDY

07 NCAC 13F .0403           STUDY TEAM

07 NCAC 13F .0404           LOCAL ADVISORY COMMITTEE

 

History Note:        Authority G.S. 113A‑36;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12F .0401-.0404 Eff. April 1, 2017.

 

SECTION .0500 ‑ ACQUISITION OF LANDS FOR THE SYSTEM

 

07 NCAC 13F .0501           ACQUISITION

07 NCAC 13F .0502           AUTHORIZATION

 

History Note:        Authority G.S. 113A‑36; 113A‑38;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12F .0501, .0502 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13G ‑ STATE TRAILS SYSTEM

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13G .0101          POLICY AND PURPOSE

The state establishes trails in natural and scenic areas, and in urban areas in order to promote public enjoyment of the outdoor areas of the state.

 

History Note:        Authority G.S. 143B-135.94; 143B-135.102; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0101 Eff. April 1, 2017.

07 NCAC 13G .0102          DEFINITIONS

As used in this Subchapter:

(1)           "Committee" means the North Carolina Trails Committee.

(2)           "Application" means a formal request for state trail designation.

 

History Note:        Authority G.S. 143B-135.94; 143B-135.102; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; April 1, 1983;

Transferred from 15A NCAC 12G .0102 Eff. April 1, 2017.

 

07 NCAC 13G .0103          COMPOSITION OF STATE TRAILS SYSTEM

(a)  The system is composed of scenic, recreation and connector trails, trail access areas and primitive campsites.

(b)  State trails may form part of a statewide or regional network or may be separate.

(c)  State trails may be managed by federal, state or local governmental units or corporations registered with the Secretary of State.

 

History Note:        Authority G.S. 143B-135.94; 143B-135.102; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0103 Eff. April 1, 2017.

 

07 NCAC 13G .0104          NORTH CAROLINA TRAILS COMMITTEE

 

History Note:        Authority G.S. 113A‑88; 113A‑93; 143B‑333; 143B‑334;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Repealed Eff. August 1, 1988;

Transferred from 15A NCAC 12G .0104 Eff. April 1, 2017.

 

07 NCAC 13G .0105          LOCATION

 

History Note:        Authority G.S. 113A‑87; 113A‑93;

Eff. April 4, 1979;

Repealed Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0105 Eff. April 1, 2017.

 

SECTION .0200 ‑ DESIGNATION OF STATE TRAILS

 

07 NCAC 13G .0201          CONSULTATION WITH COMMITTEE

Applications must be reviewed by the committee.  A recommendation to the secretary will be made regarding the committee's findings concerning the trail's readiness for use, location and population served, length, design and use, public access rights, and management.

 

History Note:        Authority G.S. 143B-135.30; 143B-135.102; 143B-135.108; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0201 Eff. April 1, 2017.

 

07 NCAC 13G .0202          CONSULTATION WITH GOVERNMENTAL UNITS

Applications must include resolutions or other appropriate documents clearly indicating the support of affected governmental units for state designation of the trail.

 

History Note:        Authority G.S. 143B-135.102; 143B-135.104; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0202 Eff. April 1, 2017.

 

07 NCAC 13G .0203          EFFECT UPON ADJACENT LANDOWNERS

Applications must include a discussion of the potential effects designation could have on adjacent landowners as well as how negative effects will be minimized.

 

History Note:        Authority G.S. 143B-135.102; 143B-135.104; 143B-135.106; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0203 Eff. April 1, 2017.

 

07 NCAC 13G .0204          SCENIC EASEMENTS WITHIN RIGHT‑OF‑WAY

 

History Note:        Authority G.S. 113A‑88; 113A‑90; 113A‑93;

Eff. April 4, 1979;

Repealed Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0204 Eff. April 1, 2017.

 

07 NCAC 13G .0205          PUBLIC NOTICE OF SELECTED ROUTE

 

History Note:        Authority G.S. 113A‑88; 113A‑90; 113A‑93;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Repealed Eff. August 1, 1988;

Transferred from 15A NCAC 12G .0205 Eff. April 1, 2017.

 

07 NCAC 13G .0206          ENVIRONMENTAL PRESERVATION OR ENHANCEMENT

 

History Note:        Authority G.S. 113A‑93; 113A‑89;

Eff. August 30, 1980;

Repealed Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0206 Eff. April 1, 2017.

 

SECTION .0300 ‑ ADMINISTRATIVE POLICY

 

07 NCAC 13G .0301          USE OF STATE TRAILS

The secretary shall determine the appropriate uses permitted on a single trail within the system, based on user safety, user enjoyment, and protection of the environment.

 

History Note:        Authority G.S. 143B-135.96; 143B-135.102; 143B-135.114;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0301 Eff. April 1, 2017.

 

07 NCAC 13G .0302          UNIFORM TRAIL MARKERS

 

History Note:        Authority G.S. 113A‑88; 113A‑92; 113A‑93;

Eff. April 4, 1979;

Amended Eff. April 1, 1983;

Repealed Eff. August 1, 1988;

Transferred from 15A NCAC 12G .0302 Eff. April 1, 2017.

 

07 NCAC 13G .0303          TRAILS WITHIN PARKS: CONFLICT OF LAWS

07 NCAC 13G .0304          INCORPORATION IN NATIONAL TRAILS SYSTEM

 

History Note:        Authority G.S. 113A‑88; 113A‑91; 113A‑93; 113A‑94;

Eff. April 4, 1979;

Repealed Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0303, .0304 Eff. April 1, 2017.

 

07 NCAC 13G .0305          USE OF VOLUNTEER SERVICES

The director shall encourage and facilitate the use of trained volunteers in planning constructing and maintaining components of the system.  Volunteers are recognized to be covered under the General Statutes governing tort claims against state departments and agencies, and the defense of state employees.  Volunteers are not entitled to workmen's compensation act benefits.

 

History Note:        Authority G.S. 143‑291; 143B-135.102; 143B-135.114; Ex. Order No. 48;

Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0305 Eff. April 1, 2017.

 

07 NCAC 13G .0306          NAMING TRAILS IN THE SYSTEM

The secretary shall determine or endorse appropriate names for trails in the system.  Naming trails for living individuals is discouraged.  Names related to natural features, historic events or place names are preferred.  Use of organized group or corporate names is permissible.

 

History Note:        Authority G.S. 143B-135.98; 143B-135.102; 143B-135.114;

Eff. April 1, 1983;

Transferred from 15A NCAC 12G .0306 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13H ‑ NATURAL HERITAGE PROGRAM

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13H .0101          STATEMENT OF POLICY

07 NCAC 13H .0102          STATEMENT OF PURPOSE

 

History Note:        Authority G.S. 113‑3; 113‑8; 113A‑164.2; 113A‑164.4;

Eff. April 4, 1979;

Amended Eff. January 1, 1986; October 1, 1984;

Expired Eff. February 1, 2016 pursuant to G.S. 150B-21.3A;

Transferred from 15A NCAC 12H .0101-.0102 Eff. April 1, 2017.

07 NCAC 13H .0103          DEFINITIONS AS USED IN THIS SUBCHAPTER

In addition to the definitions in G.S. 143B-135.254, the following terms shall apply to this Subchapter:

(1)           "Natural diversity" means the native plant and animal species, geological features, plant communities, ecosystem types, and other natural features.

(2)           "Natural Heritage Areas List" means a list of those natural areas recommended by the Natural Heritage Program, pursuant to G.S. 143B-135.256(7), that are of special importance to the maintenance of the state's natural diversity and that may warrant protection by registration or dedication.

(3)           A "natural community" means any area with a recognizable and reoccurring assemblage of plants, animals, bacteria, and fungal species naturally associated with each other and their physical environment.

 

History Note:        Authority G.S. 143B-135.254; 143B-135.256;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; January 1, 1986; October 1, 1984; August 30, 1980;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0103 Eff. April 1, 2017.

 

07 NCAC 13H .0104          RESPONSIBILITIES AND DUTIES OF NATURAL HERITAGE PROGRAM

 

History Note:        Authority G.S. 113‑3; 113‑8; 113A‑164.4;

Eff. April 4, 1979;

Amended Eff. January 1, 1986; October 1, 1984; August 30, 1980;

Repealed Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0104 Eff. April 1, 2017.

 

07 NCAC 13H .0105          NATURAL HERITAGE ADVISORY COMMITTEE

(a)  The Natural Heritage Advisory Committee shall be composed of nine members appointed by the Secretary, in accordance with G.S. 143B-135.256(6).

(b)  The Natural Heritage Advisory Committee shall:

(1)           advise and make recommendations to the Department on inventory and evaluation of natural areas;

(2)           review and make recommendations for registration, acquisition, and dedication of natural areas and nature preserves by the Department;

(3)           review and make recommendations on Department priorities and plans for the selection of particular natural areas for State acquisition and for designation of nature preserves;

(4)           review and make recommendations on master plans, management plans, and other plans and proposals for development and use of lands administered by the Department;

(5)           advise the Secretary on policies and rules governing management, protection, and use of registered natural areas and dedicated nature preserves by the Department;

(6)           advise and consult with the Secretary and Department staff on policies and programs relating to preservation of natural diversity and outstanding natural areas in the state; and

(7)           consult and coordinate with other public agencies, conservation organizations, and scientific bodies on matters concerning natural diversity inventory and natural areas identification, acquisition, management, and dedication.

 

History Note:        Authority G.S. 143B-10; 143B-135.256;

Eff. April 4, 1979;

Amended Eff. January 1, 1986; October 1, 1984; March 1, 1983; August 30, 1980;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0105 Eff. April 1, 2017.

 

07 NCAC 13H .0106          INFORMATION SERVICES

07 NCAC 13H .0107          LOCATION

 

History Note:        Authority G.S. 113‑3; 113‑8;

Eff. April 4, 1979;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12H .0106, .0107 Eff. April 1, 2017.

 

section .0200 – REGISTRY OF NATURAL HERITAGE AREAS

 

07 NCAC 13H .0201          OBJECTIVES OF REGISTRY

 

History Note:        Authority G.S. 143B-135.254; 143B-135.256; 143-135.258;

Eff. April 4, 1979;

Repealed Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0201 Eff. April 1, 2017.

 

07 NCAC 13H .0202          CRITERIA FOR ELIGIBILITY

(a)  For an area to qualify as a Natural Heritage Area and be eligible for registration or dedication, the Natural Heritage Program staff shall determine that the area possesses one or more of the following natural values:

(1)           a habitat for individual species of plants or animals that are in danger of or threatened by extirpation;

(2)           a rare terrestrial natural community;

(3)           a rare aquatic community;

(4)           features that illustrate geologic processes or the history of the earth;

(5)           unique or unusual ecological types; or

(6)           biological or ecological phenomena of significance.

(b)  Upon meeting one of the criteria in Paragraph (a) of this Rule, the Natural Heritage Program staff shall evaluate an area with respect to the following factors:

(1)           the presence of ecological values represented in previously registered Natural Heritage Areas;

(2)           the natural diversity of the area;

(3)           the quality and viability of the environmental features including self-sufficiency of the ecosystem when managed and degree of vulnerability to disturbances and intrusions;

(4)           the extent to which past disturbances or land uses have altered natural communities.  An area may be considered even if it shows evidence of past disturbance or land use;

(5)           the ability to be managed to protect and maintain ecological features in a natural condition, and a buffer area, as set forth in Rule .0304 of this Subchapter, to ensure protection. A buffer zone, where possible, shall follow defensible boundaries and help protect the site against adverse effects from use and development of adjacent land.  The buffer zone may be included in the designated area but need not itself possess any eligibility criteria as set forth in this Rule;

(6)           compatibility of protective management practices with current use practices on adjacent lands; and

(7)           scientific and educational value.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.258;

Eff. April 4, 1979;

Amended Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0202 Eff. April 1, 2017.

 

07 NCAC 13H .0203          REGISTRATION PROCESS

(a)  Nomination.

(1)           Nominations for the Registry of Natural Heritage Areas may be made by the Natural Heritage Program staff, by other public agencies, by members of the Natural Heritage Advisory Committee, or by any other resident or property owner of the State. Nominations shall be submitted, in writing, to the North Carolina Natural Heritage Program, 1651 Mail Service Center, Raleigh, North Carolina 27699. Nominations shall include the name, address and phone number for both the nominator and the owner of the of the nominated area and the location where the area is located.

(2)           The Natural Heritage Program staff shall conduct an on-site evaluation of a nominated area in order to gather information to determine that the area meets eligibility criteria. 

(3)           After reviewing information on a nominated area, the Natural Heritage Program staff shall determine if an area qualifies for the registry and shall document its findings in an evaluation report with recommendations for action.

(4)           Nominations initiated by the public or other agencies shall be accepted or rejected by the Department within one year of receipt. Rejections shall include an explanation.  The nominator may request consideration again by submitting information that was not previously considered to the Natural Heritage Program.

(b)  Notification of Landowner or Administrator. Once an area is nominated and is recommended for registration, the Natural Heritage Program staff shall notify the owner or administering agency.  The owner may request that the property be or not be considered further for registration.

(c)  All nominations and recommendation reports shall be submitted by the Natural Heritage Program to the Natural Heritage Advisory Committee ("Committee"). Upon approval of the nomination by the Committee, the chairman or acting chairman shall sign the statement of recommendation and submit it for review by the Division Director. If the Division Director approves the statement of recommendation, it shall be submitted to the Natural Heritage Program staff. The Natural Heritage Program staff shall solicit comments about the nomination from the landowner or managing agency. Recommendation statements, comments, and a report of the owner's willingness to accept registration shall then be submitted to the Secretary by the Natural Heritage Program staff.

(d)  Designation.  Upon review of the information submitted in Paragraph (c) of this Rule, the Secretary shall decide whether the nominated area is eligible for listing in the Registry of Natural Heritage Areas.  The registration of a site shall be the voluntary decision of the landowner or administering agency, pursuant to G.S. 143B-135.258.

(e)  The owner or a volunteer shall annually report to the Natural Heritage Program Director once a year on the condition of the registered area.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.258;

Eff. April 4, 1979;

Amended Eff. January 1, 1986; October 1, 1984; August 30, 1980;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0203 Eff. April 1, 2017.

 

07 NCAC 13H .0204          REGISTRATION

 

History Note:        Authority G.S. 113-3; 113-8; 113A-164.4; 113A-164.5;

Eff. April 4, 1979;

Amended Eff. January 1, 1986;

Repealed Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0204 Eff. April 1, 2017.

 

07 NCAC 13H .0205          RESCISSION

(a)  The registration agreement may be terminated at any time upon notification by either party. Such termination shall remove the area from the Registry.

(b)  Any person may submit a written request to the Department to remove an area from the Registry if he or she believes the site no longer meets the criteria for registration as set forth in Rule .0202 of this Section.  The request for removal shall explain the changes that have occurred to the area since the area was registered and why the area no longer meets the criteria in Rule .0202 of this Section.  All requests made under this Rule shall be submitted to the North Carolina Natural Heritage Program, 1651 Mail Service Center, Raleigh, North Carolina 27699.  After considering the request, the Secretary, upon recommendation of the Natural Heritage Program staff and Natural Heritage Advisory Committee, may order removal from the Registry as set forth in G.S. 143B-135.258.

(c)  Rescission shall remove the area from the Registry of Natural Heritage Areas, and the owner or administering agency shall be requested to return the certificate to the agency signifying the area's inclusion on the Registry, as set forth in G.S. 143B-135.256. 

(d)  Any person aggrieved by any of the steps in the process described in this Rule may seek an administrative hearing as set forth in G.S. 150B-23.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.258;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; January 1, 1986; October 1, 1984;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0205 Eff. April 1, 2017.

 

07 NCAC 13H .0206          PUBLIC ACCESS

Registration of a natural area shall not create a right of public access to the registered area.  Any person visiting a registered area shall first obtain the permission of the owner or managing agency before entering the property. The landowner or managing agency retains the option to restrict publicity and access to the property.

 

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

Eff. April 4, 1979;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0206 Eff. April 1, 2017.

 

07 NCAC 13H .0207          MANAGEMENT OF REGISTERED NATURAL AREAS

 

History Note:        Authority G.S. 143B-135.256; 143B-135.258;

Eff. April 4, 1979;

Repealed Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0207 Eff. April 1, 2017.

 

07 NCAC 13H .0208          DESIGNATION OF NATURAL AREAS ON STATE LANDS

 

History Note:        Authority G.S. 143B-135.258; 143B-135.264;

Eff. March 1, 1983;

Amended Eff. October 1, 1984;

Repealed Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0208 Eff. April 1, 2017.

 

section .0300 – dedication of nature preserves

 

07 NCAC 13H .0301          OBJECTIVES OF DEDICATION

The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as "outstanding natural areas," based on the criteria of eligibility as set forth in Rule .0202 of this Subchapter.  The Secretary shall recommend to the Governor and Council of State, through the Director of the State Property Office in the Department of Administration, that an area be dedicated as a nature preserve. Dedication of a preserve becomes effective only upon acceptance of Articles of Dedication by the Governor and Council of State. Articles of Dedication shall be recorded in the county or counties where the nature preserve is located, in the State Property Office and in the office of the Natural Heritage Program.

 

History Note:        Authority G.S. 143B-135.252; 143B-135.256; 143B-135.260; 146-26;

Eff. August 30, 1980;

Amended Eff. January 1, 1986; October 1, 1984;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0301 Eff. April 1, 2017.

 

07 NCAC 13H .0302          DEDICATION PROCESS

(a)  Upon receipt of the recommendation reports from the Natural Heritage Program and statements of recommendation from the Natural Heritage Advisory Committee, the Secretary shall determine whether the proposed area qualifies under criteria set forth in Rule .0202 of this Subchapter and constitutes an "outstanding natural area" through dedication as a nature preserve.

(b)  Nature preserves are created when natural areas are dedicated by:

(1)           the owner who transfers to the State the title or other interest in the land with Articles of Dedication agreed to by the owner and the State;

(2)           any local unit of government that transfers fee simple title or other interest in land to the State through Articles of Dedication agreed to by the local government agency and the State; or

(3)           the State itself for State-owned lands through Articles of Dedication, and declaring the State as trustee for the dedication, subject to allocation pursuant to the provisions of G.S. 143-341(4)g.  The Secretary and Director of the State Property Office shall make recommendations to the Governor and Council of State for dedicating State-owned lands as nature preserves.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.260; 143B-135.262; 143B-135.264; 143B-135.266; 143B-135.268;

Eff. August 30, 1980;

Amended Eff. August 1, 1988; January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0302 Eff. April 1, 2017.

 

07 NCAC 13H .0303          ARTICLES OF DEDICATION

(a)  Articles of Dedication shall include:

(1)           a statement of the public purposes served by the dedication and a declaration that the State shall hold such title or interest to the area in trust for the public as a dedicated nature preserve under the terms and authority set forth in G.S. 143B-135.262, and describe the rights and restrictions as will protect the dedicated area consistent with the criteria set forth in Rule .0202 of this Subchapter.

(2)           the primary custodian who will be responsible for managing the nature preserve in accordance with the Articles of Dedication and these Rules;

(3)           the right of the State or its agents to enter dedicated lands to inspect its condition and to enforce the Articles of Dedication.  This right of inspection shall not in and of itself create an automatic right of public access; and

(4)           any other provision necessary to carry out the purpose of this Subchapter.

(b)  Articles of Dedication on land remaining in private ownership shall contain a provision notifying the State before any sale or transfer by deed or lease of the land or other interests therein. The State shall not regulate or prohibit such sale or transfer, but shall ensure that the grantee or lessee is familiar with the Articles of Dedication. The Articles of Dedication shall contain a provision indicating that any transfer of any interest in the dedicated nature preserve shall be subject to the conditions set forth in the Articles of Dedication.

 

History Note:        Authority G.S. 143B-135.260; 143B-135.262; 143B-135.264; 143B-135.266; 143B-135.268;

Eff. January 1, 1986;

Amended Eff. August 1, 1988;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0303 Eff. April 1, 2017.

 

07 NCAC 13H .0304          BUFFER AREAS

(a)  For the purpose of protecting a nature preserve, adjoining land that is not otherwise suitable for dedication as a nature preserve may be dedicated as a buffer area in the same manner as a nature preserve under this Section.  A buffer area, where possible, shall help protect the site against adverse effects from use and development of adjacent land. The buffer area may be included in the designated area but need not itself possess eligibility criteria.

(b)  Provisions in the Articles of Dedication for the management, use, development, and public access of the buffer area may differ from those used for the adjacent nature preserve.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.260;

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0304 Eff. April 1, 2017.

 

07 NCAC 13H .0305          PUBLIC TRUST

(a)  Members of the public may bring notice to the Secretary or his or her agents of suspected violations of terms of dedications. Notice shall be made by U.S. Mail to 4601 Mail Service Center, Raleigh, North Carolina 27699.   The Natural Heritage Program shall investigate notices of violations and shall maintain monitoring of all dedicated preserves. After investigation of a notice of violation, the Natural Heritage Program shall respond, via U.S. Mail, to the notifying party and recommend action to the Secretary.

(b)  The Natural Heritage Program shall maintain administrative records for dedicated areas. These shall be available for public review online at www.ncnhp.org. or at 121 West Jones Street, Raleigh, North Carolina 27603, and copies shall be available at actual cost.

(c)  The State may enter into contracts and agreements with other agencies and persons to manage and monitor dedicated preserves, but the State shall not abdicate its trusteeship for dedicated lands through such contracts or agreements.

 

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

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0305 Eff. April 1, 2017.

 

07 NCAC 13H .0306          AMENDMENTS

(a)  Amendments that remove some portion of the existing Articles of Dedication shall not be approved until after a public hearing in the county or counties where the dedicated preserve lies. The State shall provide not less than 30 days notice of the hearing in the newspaper of largest circulation in the county or counties where the land lies. The State shall provide not less than 30 days notice to the chief county and municipal administrative officials in the jurisdiction where the land lies.

(b)  Notwithstanding the provisions of Paragraph (a) of this Rule, Articles of Dedication may be amended as they affect use or disposition of land, even if the purposes of G.S. 143B-135.262 or the original dedication will be violated under the following circumstances:

(1)           the Governor and Council of State find that an amendment serves the best interest of the State and no prudent alternative exists;

(2)           after a public hearing with notice provided in Paragraph (a) of this Rule; and

(3)           with the concurrence of the Governor and Council of State.

(c)  After the public hearing and finding by the Governor and Council of State, the State shall publish a statement of its findings in the newspaper of largest circulation in the county or counties where the land lies at least 30 days before the amended Articles of Dedication is final.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.260; 143B-135.262; 143B-135.268;

Eff. January 1, 1986;

Amended Eff. August 1, 1988;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0306 Eff. April 1, 2017.

 

07 NCAC 13H .0307          EXTINGUISHMENT BY THE STATE

(a)  Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1)           the Secretary finds that qualifying features of the land have been destroyed or damaged;

(2)           the Secretary finds that the public purposes of the dedication have been frustrated;

(3)           after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(4)           with the approval of the Governor and Council of State.

(b)  Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1)           the Secretary finds that the extinguishment and abandonment serves a public necessity and no alternative exists;

(2)           after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(3)           with the approval of the Governor and Council of State.

(c)  After the public hearing, the State shall publish a statement of its findings in the newspaper of largest circulation in the county or counties where the land lies at least 30 days before the extinguishment is final.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.260(c);

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0307 Eff. April 1, 2017.

 

07 NCAC 13H .0308          MUTUAL TERMINATION

Articles of Dedication shall terminate only under the following circumstances:

(1)           in accordance with the terms of the Articles of Dedication itself;

(2)           in accordance with the nature and duration of the underlying legal interest in the property being placed under the Articles of Dedication; or

(3)           upon mutual written consent executed by and between the owner, its successors or assigns, the State, and approved by the Governor and Council of State.

 

History Note:        Authority G.S. 143B-135.256; 143B-135.260(c);

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0308 Eff. April 1, 2017.

 

section .0400 – MANAGEMENT; USE; AND PROTECTION OF DEDICATED NATURE PRESERVES

 

07 NCAC 13H .0401          MANAGEMENT PLAN

(a)  A management plan shall be prepared for each dedicated nature preserve.  The Articles of Dedication shall assign responsibility for the preparation of the management plan.

(b)  The Secretary of the Department of Natural and Cultural Resources or his or her designee shall review all management plans and their revisions, and shall approve those plans that implement the principles set forth in Rule .0402 of this Section. 

(c)  The Secretary or his or her designee shall monitor all dedicated preserves as set forth in Rule .0305 of this Subchapter and report violations of the approved plan, situations that violate the Articles of Dedication, or actions harmful to the natural resources of the preserve.

(d)  In the event that the owner or the State agency managing the dedicated preserve does not adopt an approved management plan or does not adhere to the provisions of the plan, the Secretary shall request the Department of Administration to take an action such as mediation, reallocation of the land to another agency, or referral to the Office of the Attorney General.

 

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

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0401 Eff. April 1, 2017.

 

07 NCAC 13H .0402          MANAGEMENT PRINCIPLES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

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

 

07 NCAC 13H .0403          MANAGEMENT RULES FOR PRESERVES

Additional management principles consistent with the general management principles for dedicated preserves, as set forth in Rule .0402 of this Section, may be adopted through an amendment to the Articles of Dedication by the owner or State agency, in accordance with Rule .0306 of this Subchapter. 

 

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

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0403 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13I ‑ NATURAL AREAS

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13I .0101            PURPOSE

The purpose of establishing natural areas within the state parks and recreation system shall be to serve the people of North Carolina and their visitors by:

(1)           preserving and protecting areas of scientific value;

(2)           portraying and interpreting plant and animal life and other natural features; and

(3)           conserving and perpetuating outstanding examples of North Carolina's natural diversity and scenic grandeur.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B-135.16;

Eff. August 15, 1981;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0101 Eff. April 1, 2017.

07 NCAC 13I .0102            DEFINITIONS

Whenever used in this Subchapter:  "Natural area" means an area within the state parks and recreation system where natural processes are allowed to predominate and which is preserved for the primary purposes of resource conservation, environmental education, or scientific research.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B-135.16

Eff. August 15, 1981;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0102 Eff. April 1, 2017.

 

SECTION .0200 ‑ SELECTION CRITERIA

 

07 NCAC 13I .0201            NATURAL FEATURES

Natural features are of primary importance and shall receive first consideration in establishing natural areas within the state parks and recreation system.  These features include, but are not limited to:

(1)           formations or features of the natural landscape significantly illustrating geological processes;

(2)           significant fossil evidence of the development of life on earth;

(3)           exemplary or representative ecological communities (terrestrial and aquatic) maintained under prevailing natural conditions;

(4)           ecological communities significantly illustrating the processes of natural succession, including examples of communities maintained or perpetuated by fire;

(5)           habitats supporting rare or restricted species of plants or animals;

(6)           flora or fauna persisting from an earlier period;

(7)           unique or unusual natural features;

(8)           seasonal havens for concentrations of native animals, such as a bat colony or coastal bird rookery;

(9)           features of high natural and aesthetic quality illustrating the scenic grandeur of North Carolina.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Transferred from 15A NCAC 12I .0201 Eff. April 1, 2017.

 

07 NCAC 13I .0202            SITE EVALUATION

In assessing natural features, each site shall be evaluated with respect to:

(1)           presence of natural features, not adequately represented in other protected natural areas;

(2)           diversity of native flora and fauna;

(3)           quality and condition of natural features;

(4)           viability and self‑sufficiency of the natural ecosystem when properly managed;

(5)           extent to which past disturbances have altered the natural features;

(6)           degree of vulnerability to disturbances and encroachments;

(7)           capability of being managed so as to protect and maintain natural conditions;

(8)           compatibility of protective management practices with current use of adjacent lands;

(9)           scientific and educational value.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Transferred from 15A NCAC 12I .0202 Eff. April 1, 2017.

 

07 NCAC 13I .0203            SIGNIFICANCE

(a)  Natural areas selected to be brought into the state parks and recreation system by purchase or gift shall be those which possess natural features of statewide significance.  Only areas of high natural or scenic quality or exceptional scientific and educational value shall be considered for acquisition.

(b)  Where appropriate, natural areas worthy of permanent preservation but which are of less than statewide significance may be designated on lands already administered by the Division of Parks and Recreation to protect, preserve, and maintain one or more of the natural features listed in Rule .0201 of this Subchapter.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Transferred from 15A NCAC 12I .0203 Eff. April 1, 2017.

 

07 NCAC 13I .0204            SIZE AND BUFFER

Sites selected as natural areas shall be large enough to insure adequate buffer protection of the included natural features from external disturbances and encroachments.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Transferred from 15A NCAC 12I .0204 Eff. April 1, 2017.

 

07 NCAC 13I .0205            CONDITIONS INCONSISTENT WITH PRESERVATION

Purchase or acceptance as a gift of property for establishment of a natural area in the state parks and recreation system shall involve no commitments, privileges, or conditions inconsistent with conservation and maintenance of the property as a natural area.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Transferred from 15A NCAC 12I .0205 Eff. April 1, 2017.

 

SECTION .0300 ‑ NATURAL AREA CLASSIFICATION AND USE

 

07 NCAC 13I .0301            SCIENTIFIC AREAS

Natural areas shall be placed in the scientific area category where appropriate and necessary to ensure special protection for scientific and educational purposes.  The scientific classification may be applied to an entire natural area or to a designated portion.  Areas so classified shall be limited to access and use by responsible scientists and researchers, and to other individuals and small groups for educational and research purposes under careful supervision.  Camping, picnicking, swimming, and other general recreational activities unrelated to observation and scientific study shall not be permitted.  Scientific areas shall be closed to equestrian use.  Roads, buildings, and other structures and improvements shall not be constructed except those necessary for site protection, essential research, and educational use of the area.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0301 Eff. April 1, 2017.

 

07 NCAC 13I .0302            INTERPRETIVE AREAS

Those areas which portray natural processes and features in an exemplary way, and which are not subject to serious impairment if opened to public visitation for nature study and interpretive use, shall be designated as interpretive areas.  Use shall be primarily for educational and interpretive purposes with development limited to facilities necessary for safe access, sanitation, site protection, and maintenance, and to provide adequate interpretive programs.  Interpretive areas and facilities shall not be used for general recreational activities.  Camping, picnicking, and swimming shall not be permitted.  Trails shall be limited to walking, hiking, and nature study, but special interpretive trails with wheelchair access for the handicapped may be accommodated.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0302 Eff. April 1, 2017.

 

07 NCAC 13I .0303            CONSERVATION AREAS

Natural areas not otherwise identified as scientific areas or interpretive areas shall be classified as conservation areas.  Conservation areas shall remain in their natural and undeveloped state but, where appropriate, may accommodate primitive camping facilities, equestrian trails, bicycle trails, and other compatible facilities in keeping with the preservation theme.  Any or all uses, activities, and facilities shall be subject to restriction where they conflict with conservation needs.  Conservation areas may be designated to provide buffer protection for scientific and interpretive areas or be established as separate and independent natural areas.

 

History Note:        Authority G.S. 113‑3; 113‑8; 143B‑10; 143B‑135.16;

Eff. August 15, 1981;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0303 Eff. April 1, 2017.

 

SECTION .0400 ‑ NATURAL AREA PROTECTION

 

07 NCAC 13I .0401            APPLICABLE RULES AND REGULATIONS

07 NCAC 13I .0402            MANAGEMENT PRINCIPLES

07 NCAC 13I .0403            MASTER PLAN

07 NCAC 13I .0404            ADVISORY COMMITTEE REVIEW

07 NCAC 13I .0405            COLLECTING PERMITS

07 NCAC 13I .0406            INTRUSIONS

07 NCAC 13I .0407            BOUNDARY MARKERS: SIGNS: AND FENCES

07 NCAC 13I .0408            SERVICE FACILITIES: SERVICE ROADS

07 NCAC 13I .0409            PUBLIC ACCESS ROADS

07 NCAC 13I .0410            FIREBREAKS

07 NCAC 13I .0411            TRAILS

07 NCAC 13I .0412            SCENIC AND LANDSCAPE ALTERATIONS

07 NCAC 13I .0413            SAFETY HAZARDS

07 NCAC 13I .0414            REMOVAL OF NATURAL MATERIALS: PRODUCTS: OR OBJECTS

07 NCAC 13I .0415            WATER LEVEL CONTROLS

07 NCAC 13I .0416            FIRE CONTROL

07 NCAC 13I .0417            USE OF TOXIC CHEMICALS

07 NCAC 13I .0418            INSECT AND DISEASE CONTROL

07 NCAC 13I .0419            EROSION CONTROL

07 NCAC 13I .0420            MANAGEMENT OF VEGETATION AND WILDLIFE

07 NCAC 13I .0421            ACCESS CONTROL

07 NCAC 13I .0422            ORIENTATION AND GUIDANCE OF VISITORS

07 NCAC 13I .0423            CULTURAL RESOURCES

07 NCAC 13I .0424            MANAGEMENT RESEARCH

 

History Note:        Authority G.S. 70‑4; 113‑3; 113‑8; 113‑35; 113‑261; 113‑272.4; 143B‑10;

Eff. August 15, 1981;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 12I .0401-.0424 Eff. April 1, 2017.

 

 

 

SUBCHAPTER 13J – reserved for future codification

 

 

SUBCHAPTER 13K ‑ PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

07 NCAC 13K .0101          PURPOSE

The Parks and Recreation Trust Fund (PARTF), pursuant to G.S. 113‑44.15(b)(2), is authorized to establish a matching grants program for qualified local governmental units for local park and recreation purposes.  Annually, 30 percent of funds from PARTF will be allocated to local governmental units on a dollar‑for‑dollar basis.  Grants shall be awarded by the Parks and Recreation Authority (Authority).  The purpose of this Section is to set forth rules to govern the program.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 1998;

Transferred from 15A NCAC 12K .0101 Eff. April 1, 2017.

07 NCAC 13K .0102          ELIGIBLE APPLICANTS

All county governments and incorporated municipalities of the State of North Carolina are eligible to submit applications. Public authorities, as defined by G.S. 159-7, are eligible applicants if they are authorized to acquire land or develop facilities for public recreation purposes.

(1)           Eligible applicants may apply jointly for a project.

(2)           School administrative units may submit a joint application with an eligible applicant for funding of facilities.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. December 9, 2002;

Amended Eff. April 1, 2003;

Transferred from 15A NCAC 12K .0102 Eff. April 1, 2017.

 

07 NCAC 13K .0103          funding cycle

Annual funding schedule dates shall be the following:

(1)           An announcement letter describing the funding schedule and how to apply shall be mailed to all eligible applicants by November 1. This information shall be made available to other interested parties who contact the Department of Natural and Cultural Resources (Department) at: NC Division of Parks and Recreation, 1615 MSC, Raleigh, North Carolina 27699-1615 as well as on the following website: http://www.ncparks.gov/partf.

(2)           Local governments shall not request more than five hundred thousand dollars ($500,000) in PARTF assistance with each application.

(3)           Applications shall be received by the Department or its designee no later than 5:00 p.m. of the deadline date stated in the announcement letter for the current grant cycle pursuant to Item (1) of this Rule. The Parks and Recreation Authority will set the deadline date for between January 31 and May 30. If the deadline falls on a weekend or holiday, applications shall be received by the Department no later than 5:00 p.m. on the following business day.

(4)           The Authority shall meet within 180 days of the application deadline to select projects for funding. 

 

History Note:        Authority G.S. 143B-135.56; 143B-135.200;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 2016; June 1, 2004; August 1, 1998;

Transferred from 15A NCAC 12K .0103 Eff. April 1, 2017.

 

07 NCAC 13K .0104          APPLICATION SCHEDULE

 

History Note:        Authority G.S. 113-44.15;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Repealed Eff. August 1, 1998;

Transferred from 15A NCAC 12K .0104 Eff. April 1, 2017.

 

07 NCAC 13K .0105          EVALUATION OF APPLICATIONS

(a)  Each completed application shall be evaluated by the Department or its designee on the information provided in the application and in accordance with the PARTF criteria described in this Rule.

(b)  The Authority shall review the project evaluations and other relevant data prepared by the applicant and by Department staff.  The Authority shall approve projects for funding.

(c)  If applicable to the project, the general criteria in Paragraph (d) of this Rule shall be addressed by the applicant.  The Department or its designee shall review all applications for completeness.  Incomplete applications shall be returned to the applicant.

(d)  The following general criteria shall be used to evaluate projects.

(1)           New public recreation facilities provided by the project;

(2)           The degree of local recreational planning for the project and how the specific elements in the project conform to the plan(s);

(3)           The acquisition or the conservation of unique natural, cultural, recreational, or scenic resources;

(4)           The level of public involvement in developing and supporting the project;

(5)           The applicant's commitment to operating and maintaining the project; and

(6)           The suitability of the site for the proposed project development. 

(e)  The Authority shall also consider the following factors to evaluate projects: the geographic distribution of projects, the presence or absence of other funding sources, the population of the applicant, the level of compliance with prior grant agreements, the amount of funds available, and the amount of funds requested.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. June 1, 2006; August 1, 1998;

Transferred from 15A NCAC 12K .0105 Eff. April 1, 2017.

 

07 NCAC 13K .0106          GRANT AGREEMENT

(a)  Upon Authority approval, a written agreement shall be executed between the grant recipient(s) and the Department.

(b)  The agreement shall define the Department's and grant recipient's responsibilities and obligations, the project period, project scope and the amount of grant assistance.

(c)  The approved application and support documentation shall become a part of the grant agreement.

(d)  State Clearinghouse environmental review comments made as a result of State Environmental Protection Act (SEPA) application review requirements shall be addressed by the applicant prior to execution of the project agreement. Projects judged to have a significant environmental impact shall submit an environmental assessment as required by SEPA.

(e)  The grant agreement may be amended upon mutual consent and approval by the Department and the grant recipient(s).  The grant recipient(s) shall submit a written request to the Department.  The Department shall approve the amendment if local circumstances justify the amendment request.

(f)  Projects may not begin until the Department and grant recipient(s) sign the agreement unless a waiver has been requested by the applicant in writing and approved by the Authority or its executive committee. Waivers may be granted only for land acquisition projects requiring action prior to the anticipated signing of the agreement.  A waiver shall be in effect for 18 months from the date of approval.  A project receiving a waiver shall not receive preferential treatment in funding decisions.

(g)  Following execution of the grant agreement, the Department shall reimburse the grant recipient for expenditures related to the project scope.  All reimbursements shall be approved by the Department and shall total an amount that is less than or equal to the grant amount.  The Department shall approve reimbursement requests for expenditures that are related to the project scope and occur during the project period.  This provision is effective after the 2002-03 grant cycle.

(h)  Complete accounting records including a certified project data sheet and performance report verifying eligible costs shall be submitted by the grant recipient(s) to the Department for approval prior to or at the time of the close-out inspection.  The Department shall approve the accounting when the records are consistent with the project agreement and budget.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. April 4, 2000;

Amended Eff. June 1, 2006; April 1, 2003; April 1, 2001;

Transferred from 15A NCAC 12K .0106 Eff. April 1, 2017.

 

07 NCAC 13K .0107          MATCHING REQUIREMENTS

(a)  The applicant shall match PARTF funds on a dollar-for-dollar basis.

(b)  The appraised value of land that will be donated to the applicant may be used to match the PARTF grant.

(c)  The donor of the land must be an individual or private organization.

(d)  If a landowner sells land to the applicant for less than the appraised value, the amount of the donation is the difference between the appraised value and the amount paid by the applicant.

(e)  The value of capital improvements that are located on the donated land and will be used for public recreation may be included in the value of the donation.

(f)  Land that is transferred to the applicant due to a statute or rule is not considered a donation.

(g)  The applicant must receive a grant and sign the grant agreement before taking title to donated land.

(h)  Rule .0106 of this Section, of the PARTF administrative rules titled “Grant Agreement” also applies to donated land used as matching funds.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 1998;

Temporary Amendment Eff December 9, 2002;

Amended Eff. April 1, 2003;

Transferred from 15A NCAC 12K .0107 Eff. April 1, 2017.

 

07 NCAC 13K .0108          ELIGIBLE PROJECTS AND COSTS

(a)  PARTF grants are awarded to grantees for projects that are for the sole purpose of providing local park and recreation opportunities to the public.  Grantees may receive funds for the following types of projects:

(1)           Acquisition.  Fee simple acquisition of real property for future recreational development and to protect areas with natural or scenic resources.

(A)          Grantees acquiring property for recreation development have up to five years from when the Authority and the applicant sign the grant agreement to begin developing recreation facilities.

(B)          Grantees acquiring property to protect areas with natural or scenic resources must open these areas to the general public to the extent that the resources will not be impaired.

(2)           Development.  Projects for the construction, expansion, and renovation/repair of the following:

(A)          Primary facilities including outdoor and indoor recreation facilities.  Examples include camping facilities, picnic facilities, sports and playfields, trails, swimming facilities, boating/fishing facilities, spectator facilities, and gymnasiums.

(B)          Support facilities and improvements such as roads, parking areas, accessibility features, utilities, landscaping, and other infrastructure projects, that would have little or no recreational value without the primary recreation facilities.

(b)  Other criteria for determining eligible projects and costs include:

(1)           Only development on or acquisition of a single project site is eligible for PARTF assistance.

(2)           Utility lines developed with PARTF assistance shall be placed underground.

(3)           The following costs are eligible within the limits that are identified.

(A)          Land acquisition costs such as appraisals, surveys, title work, and attorney fees. 

(B)          Construction costs such as site planning, design drawings, construction drawings, preparing cost estimates, architectural and engineering fees, permits, construction management, and project inspection.

(C)          The cost of preparing an application.

(D)          The costs in Parts (A) through (C) of this Subparagraph shall not exceed 20 percent of the total cost of the project.  These costs may be incurred within two years of the application deadline as well as during the project period. 

(E)           A contingency may be included in the development cost estimates, but shall not exceed five percent of total development costs.

(4)           PARTF-assisted facilities on school property shall not be recreational facilities generally provided by the school for the use of their students. 

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. June 1, 2006; April 1, 2003; August 1, 1998;

Transferred from 15A NCAC 12K .0108 Eff. April 1, 2017.

 

07 NCAC 13K .0109          SITE CONTROL AND DEDICATION

(a)  Land acquired with PARTF assistance shall be dedicated in perpetuity for local park and recreation purposes for the use and benefit of the general public.  The dedication shall be recorded in the public property records by the grantee.

(b)  The site of a PARTF project for development shall be controlled (e.g. fee simple ownership or long‑term lease) by the grantee by the closing date of the application submission period.  Any lease agreement shall extend for a minimum of 25 years unless the property is the subject of a federal, state, or local leasing arrangement which provides assurance that 25 years of public recreational use will be maintained.

(c)  Grantees shall assure that PARTF assisted development facilities are maintained and managed for public recreation use for a minimum period of 25 years after the completion date set forth in the grant agreement.

(d)  PARTF-assisted land and facilities shall not be converted to uses that are other than public recreation without approval by DENR, in the following manner:

(1)           A grant recipient shall notify DENR and request approval before any conversion occurs.

(2)           The grant recipient shall address issues of local concern prior to forwarding a conversion request to DENR.

(3)           DENR shall deny the request if it determines that the grantee has reasonable alternatives available to avoid the conversion.

(4)           All conversions shall be mitigated with measures approved by DENR with advice from the Parks and Recreation Authority.

(5)           The primary mitigation for a conversion is to have the grantee replace, at its own expense, land acquired with PARTF assistance with land of equal current fair market value and recreational usefulness.  Facilities built with PARTF assistance shall be replaced with facilities of equal current replacement value, and recreational usefulness.  Replacement areas shall also be within the grantee's service area; provide or be part of a viable recreation area; and be to the maximum extent possible, consistent with all current application requirements for a new PARTF application.

(6)           Replacement property and facilities shall be encumbered by the same obligations as specified in the project agreement and rules for the converted property or facility.

(7)           If DENR determines that the local government cannot reasonably replace the land or facilities, DENR may mitigate the conversion by the grantee repaying PARTF with funds equal to the current value of the land or facilities.

(8)           DENR shall include provisions on conversions in all grant agreements.

(e)  A conversion is defined as the use of PARTF-assisted land or facilities for a purpose other than public recreation.

(f)  If PARTF-assisted facilities are built on public school property, the applicant(s) shall submit an agreement with the application describing that the facilities will be available to the general public during non-school hours.  Projects on land owned by a school shall have sign(s) installed informing the public that the facilities are open to the general public.  These signs shall also indicate the times when the facilities are reserved exclusively for school use.

(g)  Failure by the grantee(s) to comply with the provisions of this Section or the project agreement may result, in addition to any other legal remedies, in the Authority on behalf of the Department declaring the grantee(s) ineligible for further participation in the PARTF until such time as compliance has been obtained.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. October 1, 2007; August 1, 1998;

Transferred from 15A NCAC 12K .0109 Eff. April 1, 2017.

 

07 NCAC 13K .0110          INSPECTIONS

(a)  The Department or its designee shall perform at least one progress inspection and a close‑out inspection of the project site to ensure compliance with the grant agreement and eligibility of the grantee(s) for future program participation.

(b)  Grantees will be responsible for conducting periodic inspections (at least one every five years) to ensure compliance with the grant agreement and 07 NCAC 13K .0109 and submitting an inspection form with an affidavit verifying its content to the PARTF program office.

(c)  The Department or its designee will conduct random inspections to verify program compliance.

 

History Note:        Authority G.S. 143B-135.66;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. August 1, 1998;

Transferred from 15A NCAC 12K .0110 Eff. April 1, 2017.

 

07 NCAC 13K .0111          PROGRAM ACKNOWLEDGMENT

 

History Note:        Authority G.S. 113-44.15;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Repealed Eff. August 1, 1998;

Transferred from 15A NCAC 12K .0111 Eff. April 1, 2017.