North Carolina Administrative Code

07 NCAC 11 .0204 DRIVEWAYS AND CURB CUTS Regulations for the installation of driveways and curb cuts through the North Carolina Department of Transportation right of way of U.S. 64-264 on Roanoke Island: (1) No driveway permit shall be issued by the North Carolina Department of T…

07 NCAC 11 .0205 UTILITY REGULATIONS (a) Location. (1) New utility installations on the Corridor shall be placed underground. New utility installations means initial installations and the replacement of existing facilities with those of a different type, capacity, size of wire or…

SECTION .0300 - CERTIFICATION OF APPROPRIATENESS: PROCEDURAL REQUIREMENTS 07 NCAC 11 .0301 APPLICATION Anyone seeking to take any action within the jurisdiction of the Corridor, including but not limited to removing or moving trees or shrubs, installing or maintaining utilities, …

07 NCAC 11 .0302 COMMISSION REVIEW OF APPLICATION Upon receipt of a complete application and plan, the commission or Executive Committee shall either approve or deny the request within 20 working days after submission. During the review period, the commission shall check the site…

07 NCAC 11 .0303 ISSUANCE OF CERTIFICATE Upon issuance of the Certificate of Appropriateness, the commission shall assure that the certificate is posted on the site at all times; that the proposed thinning, removal, pruning, planting and maintenance is performed in compliance wit…

07 NCAC 11 .0304 BOND Should the projected cost of the proposed work within the Corridor jurisdiction be greater than four hundred and ninety nine dollars ($499.00), the commission shall have the option of requiring an insurance or cash bond or bank certificate to insure that the…

07 NCAC 11 .0305 REPLACEMENT OF DESTROYED TREES If the certificate holder destroys or damages vegetation for any reason that is not planned for removal, the certificate holder shall be liable for the replacement of said vegetation as close as possible to its original size and loc…

SECTION .0400 - ENFORCEMENT 07 NCAC 11 .0401 AUTHORITY The commission shall have all necessary authority to administer and enforce these Regulations including the ordering in writing of the remedying of any condition found in violation of these Regulations, and bringing legal act…

07 NCAC 11 .0402 NOTICE OF VIOLATION If any of the provisions of these Regulations are being violated, notification shall be made in writing to the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The …

07 NCAC 11 .0403 LEGAL ACTION The commission may institute a civil action against the offender seeking enforcement by appropriate equitable remedy, injunction and order of abatement. History Note: Authority 1981 S.L., c. 1194, s. 1(7); 1985 S.L., c. 673, s. 2.1(b); Eff. February …

SECTION .0500 - APPEALS 07 NCAC 11 .0501 APPEAL TO FULL COMMISSION Any individual, individuals or group may appeal a decision denying a Certificate of Appropriateness rendered by the Executive Committee to the full commission. History Note: Authority 1981 S.L., c. 1194, s. 1(7); …

07 NCAC 11 .0502 APPEAL PROCEDURE The appealing party shall submit 20 copies of the application to the commission chairman at least 15 days prior to the scheduled commission meeting. History Note: Authority 1981 S.L., c. 1194, s. 1(7); 1985 S.L., c. 673, s. 2.1(b); Eff. March 1, …

07 NCAC 11 .0503 COMMISSION ACTION The commission shall consider an appeal at its meeting and take the following action: (1) grant the Certificate of Appropriateness; (2) deny the Certificate of Appropriateness; (3) grant a variance; or (4) table the matter for one meeting in ord…

07 NCAC 11 .0504 FINAL AGENCY DECISION Once the commission has considered an appeal and rendered a decision, said decision shall be considered a final agency decision. History Note: Authority 1981 S.L., c. 1194, s. 1(7); 1985 S.L., c. 673, s. 2.1(b); Eff. March 1, 1987.

CHAPTER 13 - PARKS AND RECREATION AREA RULES SUBCHAPTER 13a - ORGANIZATION AND DUTIES 07 NCAC 13A .0101 ORGANIZATION AND PURPOSE 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.…

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

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…

SUBCHAPTER 13B - PARKS AND RECREATION AREAS SECTION .0100 - GENERAL PROVISIONS 07 NCAC 13B .0101 DEFINITIONS OF TERMS As used in this Subchapter, the following terms shall mean: (1) "Bridle Trail" means any trail maintained by the Division on Division Property for persons riding …

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;…

07 NCAC 13B .0104 PERMITS (a) Applications for permits may be made by contacting individual Park and Recreation Area offices or Deputy Director of Operations, North Carolina Division of Parks and Recreation, 1615 Mail Service Center, Raleigh NC 27699-1615. (b) The following uses …

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…

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 art…

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, 1…

07 NCAC 13B .0204 ROCK CLIMBING (a) Rock climbing, bouldering, or rappelling is prohibited except in in areas designated by the Park Superintendent, in accordance with Rule .0104 of this Subchapter. A Special Use Permit, as provided by Rule .0104 of this Subchapter, is required f…

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.…

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 ex…

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 NCA…

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 refu…

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; …

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 zon…

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…

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; Pursuant…

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.

07 NCAC 13B .0507 BICYCLES (a) Bicycles, including Class 1 and 2 e-bikes as defined in Rule .0101 of this Subchapter, may be used on park roads, paved or hardened trails, Multi-Use Trails, and Mountain Bike Trail or Single-Track Trails, if designated through posted signage for bi…

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 hors…

07 NCAC 13B .0602 CAMPING (a) A person shall not camp on Division property except: (1) in a designated camping area identified by posted signage; and (2) with a valid camping reservation. (b) Reservations for camping shall only be accepted in accordance with the provisions of 07 …

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) Organized athletic contests, sports, and games are allowed by special activity permit, as provided by Rule .0104 of this Subchapter. (b) The use of skate boards, roller blades, roller skates, …

07 NCAC 13B .0702 HORSES (a) A person shall not use, ride, or drive a horse except along a bridle trail or within an equestrian facility. Horses shall be prohibited from swimming areas, cabin areas, picnic areas, and other day-use areas. (b) A person shall not load or unload a ho…

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. Febr…

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 spec…

SECTION .0900 - FIREARMS: EXPLOSIVES: FIRES: ETC. 07 NCAC 13B .0901 FIREARMS: WEAPONS: EXPLOSIVES (a) No person except the following shall carry or possess firearms, air guns, air soft guns, paint ball guns, archery equipment, sling shots, or other apparatus capable of firing a l…