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.