North Carolina Administrative Code

07 NCAC 13B .0905 SMOKING Smoking is prohibited in all buildings on Division property. Smoking is prohibited in outdoor areas of Division property except in parking lots, reserved campsites, and where smoking is designated through posted signage. The Division may forbid smoking i…

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 …

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 March 22, 1983; Curative Repealed Eff.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 ALCOHOLIC BEVERAGES AND cONTROLLED Substances (a) A person shall not possess, consume, sell, serve, or attempt to sell or serve any malt beverage, fortified wine, unfortified wine, or spirituous liquor as defined in G.S. 18B-101, within any state park, natural a…

07 NCAC 13B .1004 ANIMALS AT LARGE (a) A person shall not cause or permit any animal owned by him or her, in his or her custody, or under his or her control, except an animal restrained by a leash or other restraint not exceeding six feet in length, to enter any park area. Use of…

SECTION .1100 - COMMERCIAL ENTERPRISES: ADVERTISING: MEETINGS: EXHIBITIONS: ETC. 07 NCAC 13B .1101 COMMERCIAL ENTERPRISES Only park employees, contractors, or their agents may engage in business or conduct commercial activity in a park, unless authorized by a permit as provided b…

07 NCAC 13B .1102 COMMERCIAL Photography, Filming and Recording A person shall not photograph, film, or make other recordings within any park for commercial purposes unless the person has a Special Activity Permit. Applications for permits may be made as provided by Rule .0104 of…

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 January 1, 1983; Repealed Eff.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. His…

07 NCAC 13B .1105 PUBLIC ASSEMBLIES AND MEETINGS; SPECIAL ACTIVITY PERMIT 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; Repealed Eff. March 1, 20…

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; Pursua…

SECTION .1200 - MISCELLANEOUS 07 NCAC 13B .1201 CLOSING AND OPENING HOURS; RESTRICTED AREAS (a) No person is allowed on any Division property between posted closing and opening hours except under a Special Activity Permit or camping reservation, as provided by Rule .0104 and .060…

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…

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 Except under authorization of a Special Activity or Special Use Permit, as outlined in Rule .0104 of this Subchapter, a person shall not voluntarily bring, land, or cause to descend or alight, ascend, or take off within or upon any Division property, an…

07 NCAC 13B .1205 reservations (a) Reservations for camping, cabins, shelters, community buildings, and other reservable facilities shall be made using the Division's central reservation system, pursuant to any contract terms or conditions as set forth in the system at the time o…

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: Aut…

07 NCAC 13C .0102 DEFINITIONS The following definitions apply to this Chapter: (1) "Appliances" means any major electrical, gas, heating, or cooling device including refrigerators, stoves, heaters, freezers, air conditioners, or any other device designed to be permanently situate…

07 NCAC 13C .0105 PERMITS History Note: Authority G.S. 143B-135.16; Eff. February 1, 1976; Transferred from 15A NCAC 12C .0105 Eff. April 1, 2017; Repealed Eff. February 1, 2023.

SECTION .0200 - COMMERCIAL ENTERPRISES 07 NCAC 13C .0201 COMMERCIAL ENTERPRISES and activities No person shall engage in any business, or erect any building or other structure for commercial purposes in or upon any state lake or within or upon any structure on or attached to the …

07 NCAC 13C .0202 SCIENTIFIC or educational research and NONCOMMERCIAL ACTIVITIES No person shall engage in scientific or educational research, as defined in 07 NCAC 13B .0104(f), or any noncommercial activity listed in 07 NCAC 13B .0104(b) and (d) in or upon a state lake without…

07 NCAC 13C .0203 COMMERCIAL ACTIVITIES IN OR UPON STATE LAKES History Note: Authority G.S. 143B-135.16; Eff. February 1, 1976; Transferred from 15A NCAC 12C .0203 Eff. April 1, 2017; Repealed Eff. February 1, 2023.

SECTION .0300 - CONSTRUCTION AND USE OF PIERS AND OTHER STRUCTURES ON STATE LAKES 07 NCAC 13C .0301 state lake PERMITS (a) No structure shall be built upon the floor of, erected in, or floating upon any state lake without a state lake permit. (b) Applications for a state lake per…

07 NCAC 13C .0302 STRUCTURES PROHIBITED ON certain STATE LAKES History Note: Authority G.S. 143B-135.16; Eff. February 1, 1976; Transferred from 15A NCAC 12C .0302 Eff. April 1, 2017; Repealed Eff. February 1, 2023.

07 NCAC 13C .0303 PERMISSIBLE STRUCTURAL DIMENSIONS Dimensions of a structure shall include all attachments to the structure, including lifts and floating docks. In order to be eligible for permit approval, all structures in or on state lakes shall conform to within the following…

07 NCAC 13C .0307 CONDITION OF Structures (a) All structures must be maintained in accordance with applicable state and local fire and building codes and regulations. (b) Permit holders shall make their respective structures available for inspection by the Division to ensure comp…

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 .0315 Application denial and permit revocation procedures (a) Before revoking any state lake permit under these Rules, the Division shall give written notice of its intent to revoke to the permit holder by U.S. mail or electronic mail at the address provided by the pe…

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.

07 NCAC 13C .0406 WATER level; Discharge (a) No person shall in any way damage or alter drainage ditches, drainage gates, or any other outlet from or inlet to a state lake; nor in any way change the water level of a state lake. (b) No person shall discharge any of the following i…

07 NCAC 13C .0407 MOORING BUOYS (a) No stakes, poles, or posts shall be driven or placed into the floor of any state lake for any purpose, except to anchor a structure permitted by the Division pursuant to Rule .0301 of this Subchapter. (b) No mooring buoy shall be placed outside…

07 NCAC 13C .0408 STATE PARKS REGULATIONS History Note: Authority G.S. 143B-135.16; Eff. February 1, 1976; Transferred from 15A NCAC 12C .0408 Eff. April 1, 2017; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018; Repealed Eff. Fe…

07 NCAC 13C .0409 INFORMATION 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; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 13D - SELECTION OF LANDS FOR ACQUISITION SECTION .0100 - GENERAL PROVISIONS 07 NCAC 13D .0101 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; Expired …

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 criter…

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 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; Repealed Eff. May 1, 2020.

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 History Note: Authority G.S. 143B-135.156; Eff. April 4, 1979; Transferred from 15A NCAC 12F .0302 Eff. April 1, 2017; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A.

07 NCAC 13F .0303 MANAGEMENT OF NATURAL RIVER AREAS (a) The management of a natural river area shall give highest priority to protecting the values that make it outstanding while providing river-related outdoor recreation opportunities in a natural setting: (1) No dredging or san…

07 NCAC 13F .0304 MANAGEMENT OF SCENIC RIVER AREAS 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(b) of this Section, plus scenic driving and bicycling. History Note: Authority G.S. 143…

SUBCHAPTER 13G - STATE TRAILS SYSTEM SECTION .0100 - GENERAL PROVISIONS 07 NCAC 13G .0101 POLICY AND PURPOSE 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, 201…

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; Ame…

07 NCAC 13G .0103 COMPOSITION OF STATE TRAILS SYSTEM 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; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A…

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.