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.