North Carolina General Statutes Chapter 113 Conservation and Development

Article 1 - Powers and Duties of Department of Environment and Natural Resources Generally.

  • N.C. Gen. Stat. § 113-1.   Meaning of terms
    In this Article, unless the context otherwise requires, the expression "Department" means the Department of Environment and Natural Resources; "Secretary" means the Secretary of...
  • N.C. Gen. Stat. § 113-2.   Repealed by Session Laws 1973, c. 1262, s. 28
  • N.C. Gen. Stat. § 113-3.   Duties of the Department
    (a) It shall be the duty of the Department, by investigation, recommendation and publication, to aid: (1) In the promotion of the conservation and...
  • N.C. Gen. Stat. § 113-4 through 113-7.   Repealed by Session Laws 1973, c. 1262, s. 28
  • N.C. Gen. Stat. § 113-8.   Powers and duties of the Department
    The Department shall make investigations of the natural resources of the State, and take such measures as it may deem best suited to promote...
  • N.C. Gen. Stat. § 113-8.01.   Pollution Prevention Pays Programs
    There is established within the Department a non-regulatory technical assistance program to be known as the Pollution Prevention Pays Program. The purpose of this...
  • N.C. Gen. Stat. § 113-8.1.   Repealed by Session Laws 1959, c. 779, s. 3
  • N.C. Gen. Stat. § 113-9 through 113-13.   Repealed by Session Laws 1973, c. 1262, s. 28
  • N.C. Gen. Stat. § 113-14.   Recodified as 143B-435 by Session Laws 1977, c. 198, s. 26
  • N.C. Gen. Stat. § 113-14.1.   Promotion of seashore industry and recreation
    (a) Repealed by Session Laws 1973, c. 1262, s. 28. (b) The following powers are hereby granted to the Secretary and may be delegated...
  • N.C. Gen. Stat. § 113-14.2.   Repealed by Session Laws 1971, c. 882, s. 8
  • N.C. Gen. Stat. § 113-14.3.   Publications
    The Department shall publish, from time to time, reports and statements, with illustrations, maps, and other descriptions, which shall adequately set forth the natural...
  • N.C. Gen. Stat. § 113-15.   Recodified as 143B-436 by Session Laws 1977, c. 198, s. 26
  • N.C. Gen. Stat. § 113-15.1.   Repealed by Session Laws 1969, c. 1145, s. 4
  • N.C. Gen. Stat. § 113-15.2.   Recodified as 143B-437 by Session Laws 1977, c. 198, s. 26
  • N.C. Gen. Stat. § 113-16.   Cooperation with agencies of the federal government
    The Department is authorized to arrange for and accept such aid and cooperation from the several United States government bureaus and other sources as...
  • N.C. Gen. Stat. § 113-17.   Agreements, negotiations and conferences with federal government
    The Department is delegated as the State agency to represent North Carolina in any agreements, negotiations, or conferences with authorized agencies of adjoining or...
  • N.C. Gen. Stat. § 113-18.   Department authorized to receive funds from Federal Power Commission
    All sums payable to the State of North Carolina by the Treasurer of the United States of America under the provisions of section 17...
  • N.C. Gen. Stat. § 113-19.   Cooperation with other State departments
    The Department is authorized to cooperate with the North Carolina Utilities Commission in investigating the waterpowers in the State, and to furnish the Utilities...
  • N.C. Gen. Stat. § 113-20.   Cooperation with counties and municipal corporations
    The Department is authorized to cooperate with the counties of the State in any surveys to ascertain the natural resources of the county; and...
  • N.C. Gen. Stat. § 113-21.   Cooperation of counties with State in making water resource survey
    The board of county commissioners of any county of North Carolina is authorized and empowered, in their discretion, to cooperate with the Department or...
  • N.C. Gen. Stat. § 113-22.   Repealed by Session Laws 2011-145, s. 13.25(k), effective July 1, 2011
  • N.C. Gen. Stat. § 113-23.   Control of Mount Mitchell Park and other parks in the North Carolina State Parks System
    The Department shall have the control and management of Mount Mitchell Park and of any other parks which have been or may be acquired...
  • N.C. Gen. Stat. § 113-24.   Repealed by Session Laws 1979, c. 830, s. 5
  • N.C. Gen. Stat. § 113-25.   Notice to Department before beginning business of manufacturing products from mineral resources of State
    Every person, firm or corporation engaging in the manufacture or production of any product from any natural resources, classified as mineral products, shall before...
  • N.C. Gen. Stat. § 113-26.   Repealed by Session Laws 1959, c. 683, s. 6
  • N.C. Gen. Stat. § 113-26.1.   Bureau of Mines; mineral museum
    The Governor and the Council of State are hereby authorized, in their discretion and at such times as the development of the mineral resources...
  • N.C. Gen. Stat. § 113-27.   Repealed by Session Laws 1959, c. 779, s. 3
  • N.C. Gen. Stat. § 113-28.   Repealed by Session Laws 2010-96, s. 12, effective July 20, 2010

Article 1A - Special Peace Officers.

  • N.C. Gen. Stat. § 113-28.1.   Designated employees commissioned special peace officers by Governor
    Upon application by the Secretary of Environment and Natural Resources, the Governor is hereby authorized and empowered to commission as special peace officers such...
  • N.C. Gen. Stat. § 113-28.2.   Powers of arrest
    Any employee of the Department of Environment and Natural Resources commissioned as a special peace officer shall have the right to arrest with warrant...
  • N.C. Gen. Stat. § 113-28.2A.   Cooperation between law enforcement agencies
    Special peace officers employed by the Department of Environment and Natural Resources are officers of a "law enforcement agency" for purposes of G.S. 160A-288,...
  • N.C. Gen. Stat. § 113-28.3.   Repealed by Session Laws 1989, c. 485, s. 1
  • N.C. Gen. Stat. § 113-28.4.   Oaths required
    Before any employee of the Department of Environment and Natural Resources commissioned as a special peace officer shall exercise any power of arrest under...

Article 1B - Aviation.

Article 1C - Commission on International Cooperation.

  • N.C. Gen. Stat. § 113-28.13 through 113-28.20.   Repealed by Session Laws 1973, c. 1262, s. 86

Article 1D - Community Action Partnership Act.

Article 2 - Acquisition and Control of State Forests and Parks.

  • N.C. Gen. Stat. § 113-29.   Definitions
    (a) In this Article, unless the context requires otherwise, "Department" means the Department of Environment and Natural Resources; and "Secretary" means the Secretary of...
  • N.C. Gen. Stat. § 113-29.1.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-30.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-31.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-32.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-33.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-34.   Power to acquire lands as State parks, and other recreational areas; donations or leases by United States; leases for recreational purposes
    (a) The Department may acquire by gift, purchase, or condemnation under the provisions of Chapter 40A of the General Statutes, areas of land in...
  • N.C. Gen. Stat. § 113-34.1.   Power to acquire conservation lands not included in the State Parks System
    The Department of Administration may acquire and allocate to the Department of Environment and Natural Resources for management by the Division of Parks and...
  • N.C. Gen. Stat. § 113-35.   Control over State parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules
    (a) The Department shall make reasonable rules governing the use by the public of State parks and State lakes under its charge. These rules...
  • N.C. Gen. Stat. § 113-35.1.   Repealed by Session Laws 2009-484, s. 5, effective August 26, 2009
  • N.C. Gen. Stat. § 113-36.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-37.   Legislative authority necessary for payment
    Nothing in this Article shall operate or be construed as authority for the payment of any money out of the State treasury for the...
  • N.C. Gen. Stat. § 113-38.   Repealed by Session Laws 2011-145, s. 13.25(n), effective July 1, 2011
  • N.C. Gen. Stat. § 113-39.   License fees for hunting and fishing on government-owned property unaffected
    No wording in G.S. 113-307.1(a), or any other North Carolina statute or law, or special act, shall be construed to abrogate the vested rights...
  • N.C. Gen. Stat. § 113-40.   Donations of property for park purposes; agreements with federal government or agencies for acquisition
    The Department is hereby authorized and empowered to accept gifts, donations or contributions of land suitable for park purposes and to enter into agreements...
  • N.C. Gen. Stat. § 113-41.   Expenditure of funds for development, etc.; disposition of products from lands; rules
    When lands are acquired or leased under G.S. 113-40, the Department is hereby authorized to make expenditures from any funds not otherwise obligated, for...
  • N.C. Gen. Stat. § 113-42.   Disposition of revenues received from lands acquired
    All revenues derived from lands now owned or later acquired under the provisions of G.S. 113-40 to 113-44 shall be set aside for the...
  • N.C. Gen. Stat. § 113-43.   State not obligated for debts created hereunder
    Obligations for the acquisition of land incurred by the Department under the authority of G.S. 113-40 to 113-44 shall be paid solely and exclusively...
  • N.C. Gen. Stat. § 113-44.   Disposition of lands acquired
    The Department shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous...

Article 2A - Forestry Advisory Committee.

  • N.C. Gen. Stat. § 113-44.1 through 113-44.2.   Repealed by Session Laws 1973, c. 1262, s. 28

Article 2B - Forestry Study Act.

  • N.C. Gen. Stat. § 113-44.3 through 113-44.6.   Repealed by Session Laws 1995 (Reg. Sess., 1996), c. 653, s. 4

Article 2C - State Parks Act.

  • N.C. Gen. Stat. § 113-44.7.   Short title
    This Article shall be known as the State Parks Act. (1987, c. 243.)
  • N.C. Gen. Stat. § 113-44.8.   Declaration of policy and purpose
    (a) The State of North Carolina offers unique archaeologic, geologic, biological, scenic, and recreational resources. These resources are part of the heritage of the...
  • N.C. Gen. Stat. § 113-44.9.   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Department" means the Department of Environment and Natural Resources. (2) "Park" means any...
  • N.C. Gen. Stat. § 113-44.10.   Powers of the Secretary
    The Secretary shall implement the provisions of this Article and shall be responsible for the administration of the State Parks System. (1987, c. 243.)
  • N.C. Gen. Stat. § 113-44.11.   Preparation of a System Plan
    (a) The Secretary shall prepare and adopt a State Parks System Plan by December 31, 1988. The Plan, at a minimum, shall: (1) Outline...
  • N.C. Gen. Stat. § 113-44.12.   Classification of parks resources
    After adopting the Plan, the Secretary shall identify and classify the major resources of each of the parks in the State Parks System, in...
  • N.C. Gen. Stat. § 113-44.13.   General management plans
    Every park classified pursuant to G.S. 113-44.12 shall have a general management plan. The plan shall include a statement of purpose for the park...
  • N.C. Gen. Stat. § 113-44.14.   Additions to and deletions from the State Parks System
    (a) If, in the course of implementing G.S. 113-44.12 the Secretary determines that the major purposes of a park are not consistent with the...
  • N.C. Gen. Stat. § 113-44.15.   Parks and Recreation Trust Fund
    (a) Fund Created. - There is established a Parks and Recreation Trust Fund in the State Treasurer's Office. The Trust Fund shall be a...

Article 3 - Private Lands Designated as State Forests.

  • N.C. Gen. Stat. § 113-45 through 113-50.   Repealed by Session Laws 1975, c. 253

Article 4 - Protection and Development of Forests; Fire Control.

Article 4A - Protection of Forest Against Insect Infestation and Disease.

Article 4B - Southeastern Interstate Forest Fire Protection Compact.

  • N.C. Gen. Stat. § 113-60.11 through 113-60.15.   Recodified as Article 77 of Chapter 106, G.S. 106-930 through 106-934, by Session Laws 2011-145, s. 13.25(t), effective July 1, 2011
  • N.C. Gen. Stat. § 113-60.16.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-60.17.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-60.18.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-60.19.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-60.20.   Reserved for future codification purposes

Article 4C - Regulation of Open Fires.

Article 4D - Fire Fighters on Standby Duty.

  • N.C. Gen. Stat. § 113-60.32, 113-60.33.   Recodified as Article 79 of Chapter 106, G.S. 106-955 and G.S. 106-956, by Session Laws 2011-145, s. 13.25(y), effective July 1, 2011
  • N.C. Gen. Stat. § 113-60.34 through 113-60.39.   Reserved for future codification purposes

Article 4E - North Carolina Prescribed Burning Act.

Article 5 - Corporations for Protection and Development of Forests.

  • N.C. Gen. Stat. § 113-61 through 113-77.   Recodified as Article 81 of Chapter 106, G.S. 106-980 through G.S. 106-996, by Session Laws 2011-145, s. 13.25(cc), effective July 1, 2011
  • N.C. Gen. Stat. § 113-77.1.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-77.2.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-77.3.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-77.4.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-77.5.   Reserved for future codification purposes

Article 5A - Natural Heritage Trust Program.

  • N.C. Gen. Stat. § 113-77.6 through 113-77.9.   Repealed by Session Laws 2013-360, s. 14.3(b), effective August 1, 2013
  • N.C. Gen. Stat. § 113-77.6 through 113-77.9.   Repealed by Session Laws 2013-360, s. 14.3(b), effective August 1, 2013
  • N.C. Gen. Stat. § 113-77.6 through 113-77.9.   Repealed by Session Laws 2013-360, s. 14.3(b), effective August 1, 2013
  • N.C. Gen. Stat. § 113-77.6 through 113-77.9.   Repealed by Session Laws 2013-360, s. 14.3(b), effective August 1, 2013

Article 6 - Fishing Generally.

  • N.C. Gen. Stat. § 113-78.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-79 through 113-81.   Repealed by Session Laws 1947, c. 422, ss. 1, 9

Article 6A - Forestry Services and Advice for Owners and Operators of Forestland.

Article 6B - License Agents.

  • N.C. Gen. Stat. § 113-81.4 through 113-81.13.   Repealed by Session Laws 1979, c. 830, s. 1

Article 7 - North Carolina Game Law of 1935.

  • N.C. Gen. Stat. § 113-82 through 113-99.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-99.1.   Recodified as 113-270.2A
  • N.C. Gen. Stat. § 113-100 through 113-109.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-109.1 through 113-109.5.   Reserved for future codification purposes

Article 7A - Safe Distances for Hunting Migratory Wild Waterfowl.

  • N.C. Gen. Stat. § 113-109.6 through 113-109.8.   Repealed by Session Laws 1979, c. 830, s. 1

Article 8 - Fox-Hunting Regulations.

  • N.C. Gen. Stat. § 113-110.   Repealed by Session Laws 1945, c. 217
  • N.C. Gen. Stat. § 113-110.1 through 113-112.   Repealed by Session Laws 1979, c. 830, s. 1

Article 9 - Federal Regulations on Federal Lands.

  • N.C. Gen. Stat. § 113-113 through 113-113.5.   Repealed by Session Laws 1979, c. 830, s. 1

Article 9A - Regulation of Trapping.

  • N.C. Gen. Stat. § 113-113.6 through 113-113.19.   Repealed by Session Laws 1979, c. 830, s. 1

Article 9B - Regulation of Beaver Taking.

  • N.C. Gen. Stat. § 113-113.20 through 113-113.23.   Repealed by Session Laws 1979, c. 830, s. 1

Article 10 - Regulation of Fur Dealers; Licenses.

  • N.C. Gen. Stat. § 113-114 through 113-120.   Repealed by Session Laws 1979, c. 830, s. 1

Article 10A - Trespassing upon "Posted" Property to Hunt, Fish or Trap.

Article 10B - Liability of Landowners to Authorized Users.

  • N.C. Gen. Stat. § 113-120.5 through 113-120.7.   Repealed by Session Laws 1980, c. 830, s. 1

Article 11 - Miscellaneous Provisions.

Article 12 - General Definitions.

  • N.C. Gen. Stat. § 113-127.   Application of Article
    Unless the context clearly requires otherwise, the definitions in this Article apply throughout this Subchapter. (1965, c. 957, s. 2.)
  • N.C. Gen. Stat. § 113-128.   Definitions relating to agencies and their powers
    The following definitions and their cognates apply to powers and administration of agencies charged with the conservation of marine and estuarine and wildlife resources:...
  • N.C. Gen. Stat. § 113-129.   Definitions relating to resources
    The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources: (1) Repealed by Session Laws...
  • N.C. Gen. Stat. § 113-130.   Definitions relating to activities of public
    The following definitions and their cognates apply to activities of the public in regard to marine and estuarine and wildlife resources: (1) Repealed by...

Article 13 - Jurisdiction of Conservation Agencies.

  • N.C. Gen. Stat. § 113-131.   Resources belong to public; stewardship of conservation agencies; grant and delegation of powers; injunctive relief
    (a) The marine and estuarine and wildlife resources of the State belong to the people of the State as a whole. The Department and...
  • N.C. Gen. Stat. § 113-132.   Jurisdiction of fisheries agencies
    (a) The Marine Fisheries Commission has jurisdiction over the conservation of marine and estuarine resources. Except as may be otherwise provided by law, it...
  • N.C. Gen. Stat. § 113-133.   Abolition of local coastal fishing laws
    The enjoyment of the marine and estuarine resources of the State belongs to the people of the State as a whole and is not...
  • N.C. Gen. Stat. § 113-133.1.   Limitations upon local regulation of wildlife resources; certain local acts retained
    (a) The enjoyment of the wildlife resources of the State belongs to all of the people of the State. (b) The Wildlife Resources Commission...
  • N.C. Gen. Stat. § 113-134.   Rules
    The Marine Fisheries Commission and the Wildlife Resources Commission may, within their jurisdictional limitations imposed by this Article, adopt rules implementing this Subchapter. (1915,...
  • N.C. Gen. Stat. § 113-134.1.   Jurisdiction over marine fisheries resources in Atlantic Ocean
    The Marine Fisheries Commission is directed to exercise all regulatory authority over the conservation of marine fisheries resources in the Atlantic Ocean to the...
  • N.C. Gen. Stat. § 113-135.   General penalties for violating Subchapter or rules; increased penalty for prior convictions; interpretive provisions
    (a) Any person who violates any provision of this Subchapter or any rule adopted by the Marine Fisheries Commission or the Wildlife Resources Commission,...
  • N.C. Gen. Stat. § 113-135.1.   Limitation upon penalty for offense created by rules of Wildlife Resources Commission in certain instances
    (a) To prevent unsuspecting members of the public from being subject to harsh criminal penalties for offenses created by rules of the Wildlife Resources...
  • N.C. Gen. Stat. § 113-136.   Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors
    (a) Inspectors and protectors are granted the powers of peace officers anywhere in this State, and beyond its boundaries to the extent provided by...
  • N.C. Gen. Stat. § 113-137.   Search on arrest; seizure and confiscation of property; disposition of confiscated property
    (a) Every inspector or protector who arrests a person for an offense as to which he has enforcement jurisdiction is authorized to search the...
  • N.C. Gen. Stat. § 113-138.   Enforcement jurisdiction of special conservation officers
    (a) The Wildlife Resources Commission by rule may confer law-enforcement powers over matters within its jurisdiction with respect to wildlife resources conservation laws and...
  • N.C. Gen. Stat. § 113-139.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-140.   Warning tickets
    (a) In enforcing the laws and rules within their subject matter jurisdiction, wildlife protectors and marine fisheries inspectors may, in accordance with the criteria...
  • N.C. Gen. Stat. § 113-141 through 113-145.   Reserved for future codification purposes

Article 13A - Clean Water Management Trust Fund.

  • N.C. Gen. Stat. § 113-145.1 through 113-145.8.   Recodified as 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003
  • N.C. Gen. Stat. § 113-145.9 through 113-150.   Reserved for future codification purposes

Article 14 - Commercial and Sports Fisheries Licenses.

  • N.C. Gen. Stat. § 113-151 through 113-167.   Repealed by Session Laws 1997-400, s. 5.4, effective July 1, 1999

Article 14A - Coastal and Estuarine Commercial Fishing Licenses.

  • N.C. Gen. Stat. § 113-168.   Definitions
    As used in this Article: (1) "Commercial fishing operation" means any activity preparatory to, during, or subsequent to the taking of any fish, the...
  • N.C. Gen. Stat. § 113-168.1.   General provisions governing licenses and endorsements
    (a) Duration, Fees. - Except as provided in G.S. 113-173(f), all licenses and endorsements issued under this Article expire on the last day of...
  • N.C. Gen. Stat. § 113-168.2.   Standard Commercial Fishing License
    (a) Requirement. - Except as otherwise provided in this Article, it is unlawful for any person to engage in a commercial fishing operation in...
  • N.C. Gen. Stat. § 113-168.3.   Retired Standard Commercial Fishing License
    (a) SCFL Provisions Applicable. - Except as provided in this section, the provisions set forth in this Article concerning the SCFL shall apply to...
  • N.C. Gen. Stat. § 113-168.4.   Sale of fish
    (a) Except as otherwise provided in this section, it is unlawful for any person who takes or lands any species of fish under the...
  • N.C. Gen. Stat. § 113-168.5.   License endorsements for Standard Commercial Fishing License
    (a), (b) Repealed by Session Laws 1998-225, s. 4.14, effective July 1, 1999. (c) Repealed by Session Laws 2013-384, s. 2(a), effective August 23,...
  • N.C. Gen. Stat. § 113-168.6.   Commercial fishing vessel registration
    (a) As used in this subsection, a North Carolina vessel is a vessel that has its primary situs in the State. A vessel has...
  • N.C. Gen. Stat. § 113-169.   Repealed by Session Laws 2013-384, s. 2(b), effective August 23, 2013
  • N.C. Gen. Stat. § 113-169.1.   Permits for gear, equipment, and other specialized activities authorized
    (a) The Commission may adopt rules to establish permits for gear, equipment, and specialized activities, including commercial fishing operations that do not involve the...
  • N.C. Gen. Stat. § 113-169.2.   Shellfish license for North Carolina residents without a SCFL
    (a) License or Endorsement Necessary to Take or Sell Shellfish Taken by Hand Methods. - It is unlawful for an individual to take shellfish...
  • N.C. Gen. Stat. § 113-169.3.   Licenses for fish dealers
    (a) Eligibility. - A fish dealer license shall be issued to a North Carolina resident upon receipt of a proper application at any office...
  • N.C. Gen. Stat. § 113-169.4.   Licensing of ocean fishing piers; fees
    (a) The owner or operator of an ocean fishing pier within the coastal fishing waters who charges the public a fee to fish in...
  • N.C. Gen. Stat. § 113-169.5.   Land or sell license; vessels fishing beyond territorial waters
    (a) Persons aboard vessels not having their primary situs in the State that are carrying a cargo of fish taken outside the waters of...
  • N.C. Gen. Stat. § 113-170.   Exportation and importation of fish and equipment
    The Commission may adopt rules governing the importation and exportation of fish, and equipment that may be used in taking or processing fish, as...
  • N.C. Gen. Stat. § 113-170.1.   Nonresidents reciprocal agreements
    Persons who are not North Carolina residents are not eligible to obtain licenses under the provisions of this Article except as provided in this...
  • N.C. Gen. Stat. § 113-170.2.   Fraud or deception as to licenses, permits, or records
    (a) It is unlawful for any person to give any false information or willfully to omit giving required information to the Division or any...
  • N.C. Gen. Stat. § 113-170.3.   Record-keeping requirements
    (a) The Commission may require all licensees under this Article to keep and to exhibit upon the request of an authorized agent of the...
  • N.C. Gen. Stat. § 113-170.4.   Rules as to possession, transportation, and disposition of fisheries resources
    The Commission may adopt rules governing possession, transportation, and disposition of fisheries resources by all persons, including those not subject to fish dealer licensing...
  • N.C. Gen. Stat. § 113-170.5.   Violations with respect to coastal fisheries resources
    It is unlawful to take, possess, transport, process, sell, buy, or in any way deal in coastal fisheries resources without conforming with the provisions...
  • N.C. Gen. Stat. § 113-171.   Suspension, revocation, and reissuance of licenses
    (a) Upon receipt of reliable notice that a person licensed under this Article, Article 14B, or Article 25A of Chapter 113 of the General...
  • N.C. Gen. Stat. § 113-171.1.   Use of spotter planes in commercial fishing operations regulated
    (a) Spotter Plane Defined. - A "spotter plane" is an aircraft used for aerial identification of the location of fish in coastal fishing waters...
  • N.C. Gen. Stat. § 113-172.   License agents
    (a) The Secretary shall designate license agents for the Department. The Division and license agents designated by the Secretary under this section shall issue...
  • N.C. Gen. Stat. § 113-173.   Recreational Commercial Gear License
    (a) License Required. - Except as provided in subsection (j) of this section, it is unlawful for any person to take or attempt to...

Article 14B - Coastal Recreational Fishing Licenses.

  • N.C. Gen. Stat. § 113-174.   Definitions
    As used in this Article: (1) Repealed by Session Laws 2005-455, s. 1.2, effective January 1, 2007. (1a) "CRFL" means Coastal Recreational Fishing License....
  • N.C. Gen. Stat. § 113-174.1.   License required; general provisions governing licenses
    (a) License Required to Engage in Recreational Fishing. - It is unlawful for any individual to engage in recreational fishing in: (1) Coastal fishing...
  • N.C. Gen. Stat. § 113-174.2.   Coastal Recreational Fishing License
    (a) Repealed by Session Laws 2005-455, s. 1.4, effective January 1, 2007. (a1) Authorization to Fish in Coastal and Joint Fishing Waters. - A...
  • N.C. Gen. Stat. § 113-174.3.   For-Hire Licenses
    (a), (b) Repealed by Session Laws 2013-360, s. 14.8(o), effective August 1, 2013. (c) License. - It is unlawful for a person to engage...
  • N.C. Gen. Stat. § 113-174.4.   Repealed by Session Laws 2013-360, s. 14.8(p), effective August 1, 2013
  • N.C. Gen. Stat. § 113-174.5.   Blocks of 10 Ten-Day Coastal Recreational Fishing Licenses
    (a) The owner of a vessel that is 23 feet or more in length and that is either documented with the United States Coast...

Article 14C - Marine Resources Fund and Marine Resources Endowment Fund.

  • N.C. Gen. Stat. § 113-175.   Definitions
    As used in this Article: (1) Repealed by Session Laws 2005-455, s. 2.2, effective January 1, 2006. (1a) "Endowment Fund" means the North Carolina...
  • N.C. Gen. Stat. § 113-175.1.   North Carolina Marine Resources Fund
    (a) There is hereby established the North Carolina Marine Resources Fund as a nonreverting special revenue fund in the office of the State Treasurer....
  • N.C. Gen. Stat. § 113-175.2 through 113-175.4.   Repealed by Session Laws 2005-455, ss. 2.4 through 2.6, effective January 1, 2006
  • N.C. Gen. Stat. § 113-175.5.   North Carolina Marine Resources Endowment Fund
    (a) There is hereby established the North Carolina Marine Resources Endowment Fund as a nonreverting special revenue fund in the office of the State...
  • N.C. Gen. Stat. § 113-175.6.   Report
    The Chair of the Marine Fisheries Commission and the Chair of the Wildlife Resources Commission shall jointly submit to the Joint Legislative Commission on...
  • N.C. Gen. Stat. § 113-176.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-177.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-178.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-179.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-180.   Reserved for future codification purposes

Article 15 - Regulation of Coastal Fisheries.

  • N.C. Gen. Stat. § 113-181.   Duties and powers of Department
    (a) It is the duty of the Department to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and...
  • N.C. Gen. Stat. § 113-182.   Regulation of fishing and fisheries
    (a) The Marine Fisheries Commission is authorized to authorize, license, regulate, prohibit, prescribe, or restrict all forms of marine and estuarine resources in coastal...
  • N.C. Gen. Stat. § 113-182.1.   Fishery Management Plans
    (a) The Department shall prepare proposed Fishery Management Plans for adoption by the Marine Fisheries Commission for all commercially or recreationally significant species or...
  • N.C. Gen. Stat. § 113-183.   Unlawful possession, transportation and sale of fish
    (a) It is unlawful to possess, transport, offer to transport, sell, offer to sell, receive, buy, or attempt to buy any fish regulated by...
  • N.C. Gen. Stat. § 113-184.   Possession and transportation of prohibited oyster equipment
    (a) It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14A under way or at anchor in coastal fishing...
  • N.C. Gen. Stat. § 113-185.   Fishing near ocean piers; trash or scrap fishing
    (a) It is unlawful to fish in the ocean from vessels or with a net within 750 feet of an ocean pier licensed in...
  • N.C. Gen. Stat. § 113-186.   Measures for fish scrap and oil
    All persons buying or selling menhaden for the purpose of manufacturing fish scrap and oil within the State must buy or sell according to...
  • N.C. Gen. Stat. § 113-187.   Penalties for violations of Subchapter and rules
    (a) Any person who participates in a commercial fishing operation conducted in violation of any provision of this Subchapter and its implementing rules or...
  • N.C. Gen. Stat. § 113-188.   Additional restrictions authorized
    The setting out of particular offenses or requirements with regard to specific species of fish or with regard to certain types of equipment does...
  • N.C. Gen. Stat. § 113-189.   Protection of sea turtles, marine mammals, migratory birds, and finfish
    (a) It is unlawful to willfully take, harm, disturb or destroy any sea turtles protected under the federal Endangered Species Act of 1973 (Public...
  • N.C. Gen. Stat. § 113-190.   Recodified as 113-200 by Session Laws 1997-400, s. 6.7
  • N.C. Gen. Stat. § 113-191.   Unlawful sale or purchase of fish; criminal and civil penalties
    (a) Any person who sells fish in violation of G.S. 113-168.4 or a rule of the Marine Fisheries Commission to implement that section is...
  • N.C. Gen. Stat. § 113-192 through 113-199.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-200.   Repealed by Session Laws 2013-360, s. 14.7(a), effective July 1, 2013

Article 16 - Cultivation of Shellfish.

  • N.C. Gen. Stat. § 113-201.   Legislative findings and declaration of policy; authority of Marine Fisheries Commission
    (a) The General Assembly finds that shellfish cultivation provides increased seafood production and long-term economic and employment opportunities. The General Assembly also finds that...
  • N.C. Gen. Stat. § 113-201.1.   Definitions
    As used in this Article: (1) "Natural shellfish bed" means an area of public bottom where oysters, clams, scallops, mussels or other shellfish are...
  • N.C. Gen. Stat. § 113-202.   New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966
    (a) To increase the use of suitable areas underlying coastal fishing waters for the production of shellfish, the Secretary may grant shellfish cultivation leases...
  • N.C. Gen. Stat. § 113-202.1.   Water column leases for aquaculture
    (a) To increase the productivity of leases for shellfish culture issued under G.S. 113-202, the Secretary may amend shellfish cultivation leases to authorize use...
  • N.C. Gen. Stat. § 113-202.2.   Water column leases for aquaculture for perpetual franchises
    (a) To increase the productivity of shellfish grants and perpetual franchises for shellfish culture recognized under G.S. 113-206, the Secretary may lease the water...
  • N.C. Gen. Stat. § 113-203.   Transplanting of oysters and clams
    (a) It is unlawful to transplant oysters taken from public grounds to private beds except: (1) When lawfully taken during open season and transported...
  • N.C. Gen. Stat. § 113-204.   Propagation of shellfish
    The Department is authorized to close areas of public bottoms under coastal fishing waters for such time as may be necessary in any program...
  • N.C. Gen. Stat. § 113-205.   Registration of grants in navigable waters; exercise of private fishery rights
    (a) Every person claiming to any part of the bed lying under navigable waters of any coastal county of North Carolina or any right...
  • N.C. Gen. Stat. § 113-206.   Chart of grants, leases and fishery rights; overlapping leases and rights; contest or condemnation of claims; damages for taking of property
    (a) The Secretary must commence to prepare as expeditiously as possible charts of the waters of North Carolina containing the locations of all oyster...
  • N.C. Gen. Stat. § 113-207.   Taking shellfish from certain areas forbidden; penalty
    (a), (b) Repealed by Session Laws 2009-433, s. 7, effective August 7, 2009. (c) It is unlawful for any person to take shellfish within...
  • N.C. Gen. Stat. § 113-208.   Protection of private shellfish rights
    (a) It is unlawful for any person, other than the holder of private shellfish rights, to take or attempt to take shellfish from any...
  • N.C. Gen. Stat. § 113-209.   Taking polluted shellfish at night or with prior conviction forbidden; penalty
    (a) It is unlawful for any person between sunset and sunrise to willfully take or attempt to take shellfish from areas closed to harvest...
  • N.C. Gen. Stat. § 113-210.   Under Dock Oyster Culture
    (a) Under Dock Oyster Culture Permit. - An Under Dock Oyster Culture Permit authorizes the holder of the permit to attach up to 90...
  • N.C. Gen. Stat. § 113-211 through 113-220.   Reserved for future codification purposes

Article 17 - Administrative Provisions; Regulatory Authority of Marine Fisheries Commission and Department.

  • N.C. Gen. Stat. § 113-221.   Rules
    (a) Chapter 150B of the General Statutes governs the adoption of rules under this Article. (b) Upon purchasing a license, each licensee shall be...
  • N.C. Gen. Stat. § 113-221.1.   Proclamations; emergency review
    (a) Chapter 150B of the General Statutes does not apply to proclamations issued under this Article. (b) The Marine Fisheries Commission may delegate to...
  • N.C. Gen. Stat. § 113-221.2.   Additional rules to establish sanitation requirements for scallops, shellfish, and crustacea; permits and permit fees authorized
    (a) Authority to Adopt Certain Rules and Establish Permits. - For the protection of the public health, the Marine Fisheries Commission shall adopt rules...
  • N.C. Gen. Stat. § 113-221.3.   Monitoring program for State coastal fishing and recreation waters; removal or destruction of warning signs
    (a) For the protection of the public health of swimmers and others who use the State's coastal fishing waters for recreational activities, the Department...
  • N.C. Gen. Stat. § 113-221.4.   Embargo
    (a) If the Secretary of Environment and Natural Resources or a local health director has probable cause to believe that any scallops, shellfish, or...
  • N.C. Gen. Stat. § 113-222.   Arrest, service of process and witness fees of inspectors
    All arrest fees and other fees that may be charged in any bill of costs for service of process by inspectors must be paid...
  • N.C. Gen. Stat. § 113-223.   Reciprocal agreements by Department generally
    Subject to the specific provisions of G.S. 113-169.5 and G.S. 113-170.1 relating to reciprocal provisions as to landing and selling catch and as to...
  • N.C. Gen. Stat. § 113-224.   Cooperative agreements by Department
    The Department is empowered to enter into cooperative agreements with public and private agencies and individuals respecting the matters governed in this Subchapter. Pursuant...
  • N.C. Gen. Stat. § 113-225.   Inspectors not to have financial interest in fisheries
    Except as provided in this Subchapter respecting operations of demonstration and research projects by employees of the Department as part of their employment, no...
  • N.C. Gen. Stat. § 113-226.   Administrative authority of Department; administration of funds; delegation of powers
    (a) In the overall best interests of the conservation of marine and estuarine resources, the Department may lease or purchase lands, equipment, and other...
  • N.C. Gen. Stat. § 113-227.   Repealed by Session Laws 1973, c. 1262, s. 28
  • N.C. Gen. Stat. § 113-228.   Adoption of federal regulations
    To the extent that the Department is granted authority in this Subchapter over subject matter as to which there is concurrent federal jurisdiction, the...
  • N.C. Gen. Stat. § 113-229.   Permits to dredge or fill in or about estuarine waters or State-owned lakes
    (a) Except as hereinafter provided before any excavation or filling project is begun in any estuarine waters, tidelands, marshlands, or State-owned lakes, the party...
  • N.C. Gen. Stat. § 113-230.   Orders to control activities in coastal wetlands
    (a) The Secretary, with the approval of the Coastal Resources Commission, may from time to time, for the purpose of promoting the public safety,...
  • N.C. Gen. Stat. § 113-231 through 113-240.   Reserved for future codification purposes

Article 18 - Commercial and Sports Fisheries Advisory Board.

  • N.C. Gen. Stat. § 113-241 through 113-250.   Repealed by Session Laws 1973, c. 1262, ss. 28, 72

Article 19 - Atlantic States Marine Fisheries Compact and Commission.

  • N.C. Gen. Stat. § 113-251.   Definition of terms
    As used in this Article: (1) "Commission" means the Atlantic States Marine Fisheries Commission. (2) "Commissioner" means a member of the Atlantic States Marine...
  • N.C. Gen. Stat. § 113-252.   Atlantic States Marine Fisheries Compact and Commission
    The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of North Carolina with any...
  • N.C. Gen. Stat. § 113-253.   Amendment to Compact to establish joint regulation of specific fisheries
    The Governor is authorized to execute on behalf of the State of North Carolina an amendment to the Compact set out in G.S. 113-252...
  • N.C. Gen. Stat. § 113-254.   North Carolina members of Commission
    (a) In pursuance of Article III of the Compact, there shall be three commissioners from North Carolina. The first commissioner shall be the Fisheries...
  • N.C. Gen. Stat. § 113-255.   Powers of Commission and commissioners
    There is hereby granted to the Commission and the commissioners thereof all the powers provided for in the said Compact and all the powers...
  • N.C. Gen. Stat. § 113-256.   Powers herein granted to Commission are supplemental
    Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon...
  • N.C. Gen. Stat. § 113-257.   Report of Commission to Governor and legislature; recommendations for legislative action; examination of accounts and books by Auditor
    The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the legislature of the State of...
  • N.C. Gen. Stat. § 113-258.   Commission subject to provisions of State Budget Act
    The Atlantic States Marine Fisheries Commission of the State of North Carolina shall be subject to all the terms and provisions of the State...

Article 19A - Fishery Management Councils.

  • N.C. Gen. Stat. § 113-259.   North Carolina members of the South Atlantic Fishery Management Council
    (a) In pursuance of Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801, et seq., there shall be at least...
  • N.C. Gen. Stat. § 113-260.   North Carolina members of the Mid-Atlantic Fishery Management Council
    (a) In pursuance of Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801, et seq., there shall be at least...
  • N.C. Gen. Stat. § 113-260.1 through 113-260.5.   Reserved for future codification purposes

Article 20 - Miscellaneous Regulatory Provisions.

  • N.C. Gen. Stat. § 113-261.   Taking fish and wildlife for scientific purposes; permits to take in normally unauthorized manner; cultural and scientific operations
    (a) The Department, the Wildlife Resources Commission, and agencies of the United States with jurisdiction over fish and wildlife are hereby granted the right...
  • N.C. Gen. Stat. § 113-262.   Taking fish or wildlife by poisons, drugs, explosives or electricity prohibited; exceptions; possession of illegally killed fish or wildlife prohibited
    (a) Except as otherwise provided in this Subchapter, or in rules permitting use of electricity to take certain fish, it is a Class 2...
  • N.C. Gen. Stat. § 113-263.   Inspecting plans and specifications of dams
    The Department and the Wildlife Resources Commission, in addition to other agencies primarily responsible, may inspect the plans and specifications of all dams proposed...
  • N.C. Gen. Stat. § 113-264.   Regulatory power over property of agency; public hunting grounds; scheduling of managed big game hunts
    (a) The Department and the Wildlife Resources Commission are granted the power by rule to license, regulate, prohibit, or restrict the public as to...
  • N.C. Gen. Stat. § 113-265.   Obstructing or polluting flow of water into hatchery; throwing fish offal into waters
    (a) No person may obstruct, pollute, or diminish the natural flow of water into or through any fish hatchery in violation of the requirements...
  • N.C. Gen. Stat. § 113-266.   Interference with artificial reef marking devices
    It shall be a Class 1 misdemeanor for any person to destroy, injure, relocate, or remove any navigational aids, buoys, markers, or other devices...
  • N.C. Gen. Stat. § 113-267.   Replacement costs of marine, estuarine, and wildlife resources; rules authorized; prima facie evidence
    To provide information to the courts and other officials taking action under G.S. 15A-1343(b1)(5), under G.S. 143-215.3(a)(7), or under any other pertinent authority of...
  • N.C. Gen. Stat. § 113-268.   Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots, etc
    (a) It is unlawful for any person without the authority of the owner of the equipment to take fish from nets, traps, pots, and...
  • N.C. Gen. Stat. § 113-269.   Robbing or injuring hatcheries and other aquaculture operations
    (a) The definitions established in G.S. 106-758 are incorporated by reference into this section. For the purposes of this section, a shellfish lease issued...
  • N.C. Gen. Stat. § 113-270.   Reserved for future codification purposes

Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission.

  • N.C. Gen. Stat. § 113-270.1.   License agents
    (a) The Wildlife Resources Commission may by rule provide for the appointment of persons as license agents to sell licenses and permits that the...
  • N.C. Gen. Stat. § 113-270.1A.   Hunter safety course required
    (a) Except as provided in subsections (a1) and (d) of this section, on or after July 1, 2013, a person, regardless of age, may...
  • N.C. Gen. Stat. § 113-270.1B.   License required to hunt, fish, or trap; fees set by Commission
    (a) Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife...
  • N.C. Gen. Stat. § 113-270.1C.   Combination hunting and inland fishing licenses
    (a) The combination hunting and inland fishing licenses set forth in subsection (b) of this section entitle the licensee to take, except on game...
  • N.C. Gen. Stat. § 113-270.1D.   (Effective until August 1, 2014) Sportsman licenses
    (a) Annual Sportsman License - $50.00. This license shall be issued only to an individual resident of the State and entitles the licensee to...
  • N.C. Gen. Stat. § 113-270.2.   Hunting licenses
    (a) The hunting licenses set forth in subdivisions (1), (3), and (6) of subsection (c) of this section entitle the holder to take, except...
  • N.C. Gen. Stat. § 113-270.2A.   Voluntary contribution to hunter education program
    (a) A person applying for a hunting license may make a voluntary contribution to the Wildlife Resources Commission for the purpose of funding a...
  • N.C. Gen. Stat. § 113-270.2B.   Voluntary migratory waterfowl conservation print
    (a) The Wildlife Resources Commission has exclusive production rights for the voluntary migratory waterfowl conservation print, and is authorized to adopt policy for the...
  • N.C. Gen. Stat. § 113-270.3.   (Effective until August 1, 2014) Special activity licenses; big game kill reports
    (a) In addition to any hunting, trapping, or fishing license that may be required pursuant to G.S. 113-270.1B(a), individuals engaging in specially regulated activities...
  • N.C. Gen. Stat. § 113-270.4.   Hunting and fishing guide license
    (a) No one may serve for hire as a hunting or fishing guide without having first procured a current and valid hunting and fishing...
  • N.C. Gen. Stat. § 113-270.5.   Trapping licenses
    (a) Except as otherwise specifically provided by law, no one may take fur-bearing animals by trapping, or by any other authorized special method that...
  • N.C. Gen. Stat. § 113-271.   Hook-and-line licenses in inland and joint fishing waters
    (a) An inland hook-and-line fishing license issued under this section entitles the licensee to fish with hook and line in inland fishing waters and...
  • N.C. Gen. Stat. § 113-272.   Special trout license; mountain heritage trout waters 3-day fishing license
    (a) License Required. - Except as provided in G.S. 113-270.1D, G.S. 113-270.1C(b), and G.S. 113-271(a), no one may fish in public mountain trout waters...
  • N.C. Gen. Stat. § 113-272.1.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-272.2.   Special device licenses
    (a) Except as otherwise specifically provided by law, no one may fish in inland fishing waters with any special device without having first procured...
  • N.C. Gen. Stat. § 113-272.3.   Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets; lifetime licenses issued from Wildlife Resources Commission headquarters; personalized lifetime sportsman combination licenses
    (a) The Wildlife Resources Commission by rule may define the meaning of "hook and line" and "special device" as applied to fishing techniques. Any...
  • N.C. Gen. Stat. § 113-272.4.   Collection licenses
    (a) In the interest of the orderly and efficient conservation of wildlife resources, the Wildlife Resources Commission may provide for the licensing of qualified...
  • N.C. Gen. Stat. § 113-272.5.   Captivity license
    (a) In the interests of humane treatment of wild animals and wild birds that are lawfully taken, crippled, tame, or unfit for immediate release...
  • N.C. Gen. Stat. § 113-272.6.   Transportation of cervids and licensing of captive cervid facilities
    (a) The Wildlife Resources Commission shall regulate the transportation, including importation and exportation, and possession of cervids, including game carcasses and parts of game...
  • N.C. Gen. Stat. § 113-273.   Dealer licenses
    (a) "Dealer" Defined; All Licenses Annual. - As used in this section, the word "dealer" includes all persons or individuals required to be licensed...
  • N.C. Gen. Stat. § 113-274.   Permits
    (a) As used in this Article, the word "permit" refers to a written authorization issued without charge by an employee or agent of the...
  • N.C. Gen. Stat. § 113-275.   General provisions respecting licenses and permits
    (a) The Wildlife Resources Commission is authorized to make agreements with other jurisdictions as to reciprocal honoring of licenses in the best interests of...
  • N.C. Gen. Stat. § 113-276.   Exemptions and exceptions to license and permit requirements
    (a), (b) Repealed by Session Laws 1979, c. 830, s. 1. (c) (Effective until August 1, 2014) Except as otherwise provided in this Subchapter,...
  • N.C. Gen. Stat. § 113-276.1.   Regulatory authority of Wildlife Resources Commission as to license requirements and exemptions
    In its discretion and in accordance with the best interests of the conservation of wildlife resources, the Wildlife Resources Commission may implement the provisions...
  • N.C. Gen. Stat. § 113-276.2.   Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and permits; court orders of suspension
    (a) This section applies to the administrative control of: (1) Persons, other than individual hunters and fishermen taking wildlife as sportsmen, holding permits under...
  • N.C. Gen. Stat. § 113-276.3.   Mandatory suspension of entitlement to license or permit for fixed period upon conviction of specified offenses
    (a) Upon conviction of a suspension offense under this section, the defendant's entitlement to any license or permit applicable to the type of activity...
  • N.C. Gen. Stat. § 113-277.   Suspension and revocation of licenses and permits in the discretion of the court; suspension of entitlement; court's power concurrent; definition of "conviction"; penalties
    (a) Upon conviction of any licensee or permittee under this Article of a violation of any law or rule administered by the Wildlife Resources...
  • N.C. Gen. Stat. § 113-278.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-279.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-280.   Reserved for future codification purposes

Article 21A - Regulating Hunting and Fishing on the Registered Property of Another.

  • N.C. Gen. Stat. § 113-281.   Definitions
    In addition to the definitions in Article 12 of this Chapter, the following definitions apply in this Article: (1) Entry Permit. - The permit...
  • N.C. Gen. Stat. § 113-282.   Registration and posting of property
    (a) A person who controls the hunting, fishing, or hunting and fishing rights to a tract of property and wishes to register it under...
  • N.C. Gen. Stat. § 113-283.   Entry permits furnished by Wildlife Resources Commission
    (a) Upon registration of property, the Executive Director must furnish the registrant with a reasonable number of standardized permit forms to be carried by...
  • N.C. Gen. Stat. § 113-284.   Affirmative duty of sportsmen to determine if property is registered and posted
    Every individual who enters the property of another to hunt or fish without first having obtained permission from an authorized person in control of...
  • N.C. Gen. Stat. § 113-285.   Hunting or fishing on registered property of another without permission
    (a) No one may hunt or fish, or enter to hunt or fish, on the registered and posted property of another without having in...
  • N.C. Gen. Stat. § 113-286.   Removal, destruction, or mutilation of posted notices
    Unauthorized removal, destruction, or mutilation of posted notices on registered property is a Class 2 misdemeanor. (1981, c. 854, s. 1; 1993, c. 539,...
  • N.C. Gen. Stat. § 113-287.   General provisions pertaining to enforcement of Article
    (a) If property is registered, the original or a true copy of the application and all supporting items are admissible in evidence. The registrant's...
  • N.C. Gen. Stat. § 113-288.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-289.   Reserved for future codification purposes

Article 21B - Criminally Negligent Hunting.

  • N.C. Gen. Stat. § 113-290.   Unlawful use of firearms
    It is unlawful for any person, while hunting or taking wild animals or wild birds as those terms are defined in G.S. 113-129 and...
  • N.C. Gen. Stat. § 113-290.1.   Penalties
    (a) A person who violates the provisions of this Article is guilty of a misdemeanor punishable as follows: (1) If property damage only results...

Article 22 - Regulation of Wildlife.

  • N.C. Gen. Stat. § 113-291.   General restrictions
    Except as specifically permitted in this Subchapter or in rules made under the authority of this Subchapter, no person may take, possess, buy, sell,...
  • N.C. Gen. Stat. § 113-291.1.   Manner of taking wild animals and wild birds
    (a) Except as otherwise provided, game may only be taken between a half hour before sunrise and a half hour after sunset and only...
  • N.C. Gen. Stat. § 113-291.1A.   Computer-assisted remote hunting prohibited
    (a) It is unlawful for a person to engage in computer-assisted remote hunting or provide or operate a facility that allows others to engage...
  • N.C. Gen. Stat. § 113-291.2.   Seasons and bag limits on wild animals and birds; including animals and birds taken in bag; possession and transportation of wildlife after taking
    (a) In accordance with the supply of wildlife and other factors it determines to be of public importance, the Wildlife Resources Commission may fix...
  • N.C. Gen. Stat. § 113-291.3.   Possession, sale, and transportation of wildlife
    (a) Live wildlife and the nests and eggs of wild birds may be taken, possessed, transported, bought, sold, imported, exported, or otherwise acquired or...
  • N.C. Gen. Stat. § 113-291.4.   Regulation of foxes; study of fox and fur-bearer populations
    (a) All of the regulatory powers granted the Wildlife Resources Commission generally with respect to game, wild animals, and wildlife apply to foxes unless...
  • N.C. Gen. Stat. § 113-291.4A.   Open seasons for taking foxes with firearms
    (a) There is an open season for the taking of foxes with firearms in all areas of the State east of Interstate Highway 77...
  • N.C. Gen. Stat. § 113-291.5.   Regulation of dogs used in hunting; limitations on authority of Wildlife Resources Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions
    (a) Except as provided in G.S. 113-291.4, in the area described below, the Wildlife Resources Commission may regulate the use of dogs taking wildlife...
  • N.C. Gen. Stat. § 113-291.6.   Regulation of trapping
    (a) No one may take wild animals by trapping upon the land of another without having in his possession written permission issued and dated...
  • N.C. Gen. Stat. § 113-291.7.   Regulation of bears; limited retention of local acts closing bear seasons
    Local acts closing the season on bears are exempted from the provisions of G.S. 113-133.1(b) until July 1, 1981. After that date any local...
  • N.C. Gen. Stat. § 113-291.8.   Requirement to display hunter orange
    (a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting...
  • N.C. Gen. Stat. § 113-291.9.   Taking of beaver
    (a) Notwithstanding any other law, there is an open season for taking beaver with firearms or bow and arrow during any open season for...
  • N.C. Gen. Stat. § 113-291.10.   Beaver Damage Control Advisory Board
    (a) There is established the Beaver Damage Control Advisory Board. The Board shall consist of nine members, as follows: (1) The Executive Director of...
  • N.C. Gen. Stat. § 113-291.11.   Feeding of alligators prohibited
    It is unlawful to intentionally feed alligators outside of captivity. (2007-401, s. 5.)
  • N.C. Gen. Stat. § 113-291.12.   Unlawful to remove live feral swine from traps
    It is unlawful to remove feral swine from a trap while the swine is still alive or to transport the live swine after that...
  • N.C. Gen. Stat. § 113-292.   Authority of the Wildlife Resources Commission in regulation of inland fishing and the introduction of exotic species
    (a) The Wildlife Resources Commission is authorized to authorize, license, regulate, prohibit, prescribe, or restrict all fishing in inland fishing waters, and the taking...
  • N.C. Gen. Stat. § 113-293.   Obstructing rivers or creeks; keeping open fishways in dams
    (a), (b) Repealed by Session Laws 1979, c. 830, s. 1. (c) It is unlawful for any person in inland fishing waters: (1) To...
  • N.C. Gen. Stat. § 113-294.   Specific violations
    (a) Any person who unlawfully sells, possesses for sale, or buys any wildlife is guilty of a Class 2 misdemeanor, punishable by a fine...
  • N.C. Gen. Stat. § 113-294.1.   Wildlife Poacher Reward Fund
    (a) There is established in the Office of the State Treasurer the Wildlife Poacher Reward Fund. Monies in the Fund shall be used to...
  • N.C. Gen. Stat. § 113-295.   Unlawful harassment of persons taking wildlife resources
    (a) It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb...
  • N.C. Gen. Stat. § 113-296.   Disabled Sportsman Program
    (a) The Disabled Sportsman Program is established, to be developed and administered by the Wildlife Resources Commission. The Disabled Sportsman Program shall consist of...
  • N.C. Gen. Stat. § 113-297.   Method exemptions for disabled persons
    (a) Any person whose physical disability makes it impossible for the person to hunt or fish by conventional methods for one year or more...
  • N.C. Gen. Stat. § 113-298.   Unlawful use of facilities provided for disabled sportsman
    Any person who knowingly uses facilities or participates in activities provided by the Wildlife Resources Commission for disabled sportsmen, when that person does not...
  • N.C. Gen. Stat. § 113-299.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 113-300.   Reserved for future codification purposes

Article 22A - Use of Poisons and Pesticides.

  • N.C. Gen. Stat. § 113-300.1.   Use of poisons and pesticides in general
    No one may take any wild animal or bird with the use of any poison or pesticide except as provided in this Article. The...
  • N.C. Gen. Stat. § 113-300.2.   Declaring wild animal or bird a pest; concurrence of Wildlife Resources Commission required before poison or pesticide may be used
    (a) When there is a factual basis for the declaration, any wild animal or bird may be declared a pest by: (1) The Commissioner...
  • N.C. Gen. Stat. § 113-300.3.   Penalties for violations of Article; repeated offenses
    (a) Each day in which poisons or pesticides are used unlawfully in taking wild animals or birds constitutes a separate offense. (b) Any taking...
  • N.C. Gen. Stat. § 113-300.4.   Reserved for future codification purposes

Article 22B - Interstate Wildlife Violator Compact.

  • N.C. Gen. Stat. § 113-300.5.   Short title
    This Article may be cited as the "Interstate Wildlife Violator Compact." (2008-120, s. 1.)
  • N.C. Gen. Stat. § 113-300.6.   Governor to execute compact; form of compact
    The Governor shall execute an Interstate Wildlife Violator Compact on behalf of the State of North Carolina with any state of the United States...
  • N.C. Gen. Stat. § 113-300.7.   Appointment of Compact Administrator; implementation; rules; amendments
    (a) The Chair of the Wildlife Resources Commission, in consultation with the Chair of the Marine Fisheries Commission and the Fisheries Director, shall appoint...
  • N.C. Gen. Stat. § 113-300.8.   Violations
    It is unlawful for a person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife has been suspended or revoked...

Article 23 - Administrative Provisions; Regulatory Authority of Wildlife Resources Commission.

  • N.C. Gen. Stat. § 113-301.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-301.1.   Wildlife Resources Commission obligated to make efforts to notify members of the public who may be affected by operative provisions of statutes and rules
    (a) The Wildlife Resources Commission must prepare and distribute to license agents informational materials relating to hunting, fishing, trapping, and boating laws and rules...
  • N.C. Gen. Stat. § 113-302.   Prima facie evidence provisions
    (a) Except as provided below, possession of game or game fish in any hotel, restaurant, cafe, market, or store, or by any produce dealer,...
  • N.C. Gen. Stat. § 113-302.1.   Inspection of licensed or commercial premises; authority to secure inspection warrants
    (a) Protectors are authorized to enter and make a reasonable inspection at an appropriate time of day of any premises in which a person...
  • N.C. Gen. Stat. § 113-303.   Arrest, service of process and witness fees of protectors
    All arrest fees and other fees that may be charged in any bill of costs for service of process by protectors must be paid...
  • N.C. Gen. Stat. § 113-304.   Reciprocal agreements by Wildlife Resources Commission
    The Wildlife Resources Commission is empowered to make reciprocal agreements with other jurisdictions respecting the matters governed in this Subchapter. Pursuant to such agreements...
  • N.C. Gen. Stat. § 113-305.   Cooperative agreements by Wildlife Resources Commission
    The Wildlife Resources Commission is empowered to enter into cooperative agreements with public and private agencies and individuals respecting the matters governed in this...
  • N.C. Gen. Stat. § 113-306.   Administrative authority of Wildlife Resources Commission; disposition of license funds; delegation of powers; injunctive relief; emergency powers
    (a) In the overall best interests of the conservation of wildlife resources, the Wildlife Resources Commission may lease or purchase lands, equipment, and other...
  • N.C. Gen. Stat. § 113-307.   Adoption of federal laws and regulations
    To the extent that the Wildlife Resources Commission is granted authority under this Chapter or under any other provision of law, including Chapter 75A...
  • N.C. Gen. Stat. § 113-307.1.   Legislative assent to specific federal acts
    (a) The consent of the General Assembly of North Carolina is hereby given to the making by the Congress of the United States, or...

Article 23A - Promotion of Coastal Fisheries and Seafood Industry.

  • N.C. Gen. Stat. § 113-308.   Definitions
    The definitions as given in G.S. 113-128 shall apply to this Article, except that the following will additionally apply: (1) Agency: A group or...
  • N.C. Gen. Stat. § 113-309.   Declaration of policy
    It is declared to be in the interest of the public welfare of North Carolina that those engaged in "coastal fisheries," as defined in...
  • N.C. Gen. Stat. § 113-310.   Certain activities not to be deemed illegal or in restraint of trade
    No association, meeting or activity undertaken in pursuance of the provisions of this Article and intended to benefit all of the coastal fisheries or...
  • N.C. Gen. Stat. § 113-311.   Referendum and assessment declared to be in public interest
    It is hereby declared to be in the interest of the public that the coastal fisheries or any distinguishable part thereof shall be permitted...
  • N.C. Gen. Stat. § 113-312.   Application to Marine Fisheries Commission for authority to conduct referendum
    Any agency fairly representative of any distinguishable part or all of the fishing and seafood industry may at any time make application in writing...
  • N.C. Gen. Stat. § 113-313.   Action of Marine Fisheries Commission on application
    Upon receiving an application or petition as herein provided, the Marine Fisheries Commission shall at its next regular quarterly meeting consider such application as...
  • N.C. Gen. Stat. § 113-314.   Agency to determine time and place of referendum, amount and basis of assessment, etc.; notice of referendum
    The agency shall fix, determine, and publicly announce such referendum at least 30 days before the date set for such referendum, the date, hours,...
  • N.C. Gen. Stat. § 113-315.   Maximum assessment
    No assessment levied on any commodity under the provisions of this Article shall exceed one percent (1%) of the average value of this commodity...
  • N.C. Gen. Stat. § 113-315.1.   Arrangements for and management of referendum; expenses
    The arrangements for and management of any referendum conducted under the provisions of this Article shall be under the direction of the agency duly...
  • N.C. Gen. Stat. § 113-315.2.   Referendum may be by mail ballot or box ballot; who may vote
    Any referendum conducted under the provisions of this Article may be held by mail ballot or by box ballot as may be determined and...
  • N.C. Gen. Stat. § 113-315.3.   Preparation and distribution of ballots; conduct of referendum; canvass and declaration of results
    The duly certified agency shall prepare and distribute in advance of such referendum all necessary ballots for the purpose thereof, and shall under rules...
  • N.C. Gen. Stat. § 113-315.4.   Levy and collection of assessment; use of proceeds and other funds
    If in such referendum called under the provisions of this Article two thirds or more of the voters eligible and voting vote in the...
  • N.C. Gen. Stat. § 113-315.5.   Alternative method for collection of assessment
    As an alternate method for the collection of assessments provided for in G.S. 113-315.4, upon the request or petition of the agency and action...
  • N.C. Gen. Stat. § 113-315.6.   Subsequent referendum where assessment defeated
    In the event such referendum as herein provided for shall not be voted on affirmatively by two thirds or more of the voters eligible...
  • N.C. Gen. Stat. § 113-315.7.   Subsequent referendum where assessment adopted
    In the event such referendum as herein provided for shall be voted on affirmatively by two thirds or more of the voters eligible and...
  • N.C. Gen. Stat. § 113-315.8.   Refund of assessment; refusal to pay assessment
    Any persons or firm hereinunder assessed shall have the right to demand of and receive from the treasurer or disbursing office of the agency...
  • N.C. Gen. Stat. § 113-315.9.   Bond of financial officer; audit
    (a) Before collecting and receiving such assessments, such treasurer or financial officer shall give bond to the agency to run in favor of the...
  • N.C. Gen. Stat. § 113-315.10 through 113-315.14.   Reserved for future codification purposes

Article 23B - Fishermen's Economic Development Program.

  • N.C. Gen. Stat. § 113-315.15.   Short title
    This Article shall be known as the Fishermen's Economic Development Act. (1973, c. 618, s. 1.)
  • N.C. Gen. Stat. § 113-315.16.   Legislative findings
    The legislature finds that the fishermen of North Carolina perform essential functions in providing wholesome food for the diets of the citizens of North...
  • N.C. Gen. Stat. § 113-315.17.   Definitions
    As used in this Article: (1) "Economic development" means: giving helpful and useful aid to improve the proficiency of the citizens, and the efficiency...
  • N.C. Gen. Stat. § 113-315.18.   Fishermen's Economic Development Program
    The Secretary is hereby authorized to provide through his Department and the extension services of the University of North Carolina those services intended to...
  • N.C. Gen. Stat. § 113-315.19.   Personnel needs
    To effectively carry out the duties and responsibilities set forth above, the Secretary may employ or contract with the extension services of the University...
  • N.C. Gen. Stat. § 113-315.20 through 113-315.24.   Reserved for future codification purposes

Article 23C - North Carolina Marine Industrial Park Authority.

  • N.C. Gen. Stat. § 113-315.25.   Creation of Authority; membership; appointment; terms and vacancies; officers; meetings and quorum; compensation
    (a) There is hereby created the North Carolina Marine Industrial Park Authority. It shall be governed by a board composed of 11 members to...
  • N.C. Gen. Stat. § 113-315.26.   Personnel
    The Secretary of Commerce shall appoint any personnel as deemed necessary who shall serve at the pleasure of the Secretary of Commerce. The Secretary...
  • N.C. Gen. Stat. § 113-315.27.   Executive committee
    There shall be an executive committee consisting of the chairman of the Authority and two other members elected annually by the Authority. The executive...
  • N.C. Gen. Stat. § 113-315.28.   Purposes of Authority
    Through the Authority created by this Article, the State of North Carolina may engage in promoting, developing, constructing, equipping, maintaining and operating one or...
  • N.C. Gen. Stat. § 113-315.29.   Powers of Authority
    In order to enable it to carry out the purposes of this Article, the Authority shall: (1) Have the powers of a body corporate,...
  • N.C. Gen. Stat. § 113-315.30.   Approval of acquisition and disposition of real property
    Any transactions relating to the acquisition or disposition of real property or any estate or interest in real property, by the North Carolina State...
  • N.C. Gen. Stat. § 113-315.31.   Issuance of bonds
    (a) As a means of raising the funds needed from time to time in the acquisition, construction, equipment, maintenance and operation of any facility,...
  • N.C. Gen. Stat. § 113-315.32.   Power of eminent domain
    For the acquiring of rights-of-way and property necessary for the construction of wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses and...
  • N.C. Gen. Stat. § 113-315.33.   Exchange of property; removal of buildings, etc
    The Authority may exchange any property or properties acquired under the authority of this Chapter for other property, or properties usable in carrying out...
  • N.C. Gen. Stat. § 113-315.34.   Jurisdiction of the Authority; application of Chapter 20; appointment and authority of special police
    (a) The jurisdiction of the Authority in any of the parks shall extend to all properties owned by or under control of the Authority...
  • N.C. Gen. Stat. § 113-315.35.   Audit
    The operations of the North Carolina Marine Industrial Park Authority shall be subject to the oversight of the State Auditor pursuant to Article 5A...
  • N.C. Gen. Stat. § 113-315.36.   Building contracts
    (a) The following general laws, to the extent provided below, do not apply to the North Carolina Marine Industrial Park Authority: (1) Repealed by...
  • N.C. Gen. Stat. § 113-315.37.   Liberal construction of Article
    It is intended that the provisions of this Article shall be liberally construed to accomplish the purposes provided for, or intended to be provided...
  • N.C. Gen. Stat. § 113-315.38.   Warehouses, wharves, etc., on property abutting navigable waters
    The powers, authority and jurisdiction granted to the North Carolina Marine Industrial Park Authority under this Article and Chapter shall not be construed so...
  • N.C. Gen. Stat. § 113-315.39.   Taxation
    The property of the Authority shall not be subject to any taxes or assessments. (1979, c. 459, s. 15; 2013-211, s. 1.)

Article 24 - Miscellaneous Transitional Provisions.

  • N.C. Gen. Stat. § 113-316.   General statement of purpose and effect of revisions of Subchapter IV made in 1965 and 1979
    To clarify the conservation laws of the State and the authority and jurisdiction of the Department and the North Carolina Wildlife Resources Commission: commercial...
  • N.C. Gen. Stat. § 113-317.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-318 through 113-320.   Repealed by Session Laws 1973, c. 1262, s. 28
  • N.C. Gen. Stat. § 113-321 through 113-322.   Repealed by Session Laws 1979, c. 830, s. 1
  • N.C. Gen. Stat. § 113-323 through 113-330.   Reserved for future codification purposes

Article 25 - Endangered and Threatened Wildlife and Wildlife Species of Special Concern.

  • N.C. Gen. Stat. § 113-331.   Definitions
    All of the definitions contained in Article 12 of this Chapter 113 shall apply in this Article except to the extent that they may...
  • N.C. Gen. Stat. § 113-332.   Declaration of policy
    The General Assembly finds that the recreation and aesthetic needs of the people, the interests of science, the quality of the environment, and the...
  • N.C. Gen. Stat. § 113-333.   Powers and duties of the Commission
    (a) In the administration of this Article, the Wildlife Resources Commission shall have the following powers and duties: (1) To adopt and publish an...
  • N.C. Gen. Stat. § 113-334.   Criteria and procedures for placing animals on protected animal lists
    (a) All native or resident wild animals which are on the federal lists of endangered or threatened species pursuant to the Endangered Species Act...
  • N.C. Gen. Stat. § 113-335.   North Carolina Nongame Wildlife Advisory Committee
    The North Carolina Nongame Wildlife Advisory Committee is created subject to constitution, organization, and function as determined appropriate and advisable by resolution of the...
  • N.C. Gen. Stat. § 113-336.   Powers and duties of the Advisory Committee
    The Advisory Committee shall have the following powers and duties: (1) To gather and provide information and data and advise the Wildlife Resources Commission...
  • N.C. Gen. Stat. § 113-337.   Unlawful acts; penalties
    (a) It is unlawful: (1) To take, possess, transport, sell, barter, trade, exchange, export, or offer for sale, barter, trade, exchange or export, or...
  • N.C. Gen. Stat. § 113-338 through 113-350.   Reserved for future codification purposes

Article 25A - Unified Licenses.

  • N.C. Gen. Stat. § 113-351.   Unified hunting and fishing licenses; subsistence license waiver
    (a) Definitions. - The definitions set out in G.S. 113-174 apply to this Article. (b) General Provisions Governing Licenses and Waivers. - The general...
  • N.C. Gen. Stat. § 113-352 through 113-377.   Reserved for future codification purposes

Article 26 - Marine Fisheries Compact and Commission.

Article 26A - Repeal of Acts.

  • N.C. Gen. Stat. § 113-377.8.   Repeal of certain public, public-local, special and private acts
    The following public, public-local, special and private acts are hereby repealed: Chapter 36 of the Public Laws of 1901; Chapter 113 of the Public...

Article 27 - Oil and Gas Conservation.

  • N.C. Gen. Stat. § 113-378.   Persons drilling for oil or gas to register and furnish bond
    Any person, firm or corporation before making any drilling exploration in this State for oil or natural gas shall register with the Department of...
  • N.C. Gen. Stat. § 113-379.   Filing log of drilling and development of each well
    Upon the completion or shutting down of any abandoned well, the drilling operator shall file with the Department or other State agency, or with...
  • N.C. Gen. Stat. § 113-380.   Violation a misdemeanor
    Except as otherwise provided, any person, firm or officer of a corporation violating any of the provisions of this Article shall upon conviction thereof...
  • N.C. Gen. Stat. § 113-381.   Title
    This law shall be designated and known as the Oil and Gas Conservation Act. (1945, c. 702, s. 1.)
  • N.C. Gen. Stat. § 113-382.   Declaration of policy
    In recognition of imminent evils that can occur in the production and use and waste of natural oil and/or gas in the absence of...
  • N.C. Gen. Stat. § 113-383 through 113-386.   Repealed by Session Laws 1973, c. 1262, s. 86
  • N.C. Gen. Stat. § 113-387.   Production of crude oil and gas regulated; tax assessments
    All common sources of supply of crude oil discovered after January 1, 1945, if so found necessary by the Department, shall have the production...
  • N.C. Gen. Stat. § 113-388.   Collection of assessments
    Any person purchasing oil or gas in this State at the well, under any contract or agreement requiring payment for such production to the...
  • N.C. Gen. Stat. § 113-389.   Definitions
    Unless the context otherwise requires, the words defined in this section shall have the following meaning when found in this law: (1) "Base fluid"...
  • N.C. Gen. Stat. § 113-390.   Waste prohibited
    Waste of oil or gas as defined in this law is hereby prohibited. (1945, c. 702, s. 10.)
  • N.C. Gen. Stat. § 113-391.   Jurisdiction and authority; rules and orders
    (a) The Mining and Energy Commission, created by G.S. 143B-293.1, in conjunction with rule-making authority specifically reserved to the Environmental Management Commission under subsection...
  • N.C. Gen. Stat. § 113-392.   Protecting pool owners; drilling units in pools; location of wells; shares in pools
    (a) Whether or not the total production from a pool be limited or prorated, no rule or order of the Commission shall be such...
  • N.C. Gen. Stat. § 113-393.   Development of lands as drilling unit by agreement or order of Commission
    (a) Integration of Interests and Shares in Drilling Unit. - When two or more separately owned tracts of land are embraced within an established...
  • N.C. Gen. Stat. § 113-395.   Permits, fees, and notice required for oil and gas activities
    (a) Before any well, in search of oil or gas, shall be drilled, the person desiring to drill the same shall submit an application...
  • N.C. Gen. Stat. § 113-396.   Wells to be kept under control
    In order to protect further the natural gas fields and oil fields in this State, it is hereby declared to be unlawful for any...
  • N.C. Gen. Stat. § 113-397.   Hearing in emergency
    If an emergency situation, as defined by the Department, arises under this Article, the Department may conduct a hearing to determine the appropriate course...
  • N.C. Gen. Stat. § 113-398.   Procedure and powers in hearings by Department
    In the exercise and enforcement of its jurisdiction, the said Department is authorized to summon witnesses, administer oaths, make ancillary orders and require the...
  • N.C. Gen. Stat. § 113-399.   Suits by Department
    The Department may bring an action in any court of competent jurisdiction in the State to enforce, by injunction or another remedy, an order...
  • N.C. Gen. Stat. § 113-400.   Assessing costs of hearings
    The said Department is hereby authorized and directed to tax and assess against the parties involved in any hearing the costs incurred therein. (1945,...
  • N.C. Gen. Stat. § 113-401.   Party to hearings; review
    The term "party" as used in this Article shall include any person, firm, corporation or association. In proceedings for review of an order or...
  • N.C. Gen. Stat. § 113-402.   Administrative review
    A party who is dissatisfied with a decision or order of the Department under this Article may obtain administrative review of the decision by...
  • N.C. Gen. Stat. § 113-403.   Judicial review
    Article 4 of Chapter 150B of the General Statutes governs judicial review of a decision or order made under this Article. (1945, c. 702,...
  • N.C. Gen. Stat. § 113-404 through 113-405.   Repealed by Session Laws 1987, c. 827, s. 119
  • N.C. Gen. Stat. § 113-406.   Effect of pendency of judicial review; stay of proceedings
    The filing or pendency of the application for judicial review provided for in this Article shall not in itself stay or suspend the operation...
  • N.C. Gen. Stat. § 113-407.   Stay bond
    In case the order or decision of the Department is stayed or suspended, the order or judgment of the court shall not become effective...
  • N.C. Gen. Stat. § 113-408.   Enjoining violation of laws and rules; service of process; application for drilling well to include residence address of applicant
    Whenever it shall appear that any person is violating, or threatening to violate, any statute of this State with respect to the conservation of...
  • N.C. Gen. Stat. § 113-409.   Punishment for making false entries, etc
    Any person who, for the purpose of evading this law, or of evading any rule or order made thereunder, shall intentionally make or cause...
  • N.C. Gen. Stat. § 113-410.   Penalties for other violations
    (a) Any person who fails to secure a permit prior to drilling a well or using hydraulic fracturing treatments, or who knowingly and willfully...
  • N.C. Gen. Stat. § 113-411.   Dealing in or handling of illegal oil, gas or product prohibited
    (a) The sale, purchase or acquisition, or the transportation, refining, processing or handling in any other way of illegal oil, illegal gas or illegal...
  • N.C. Gen. Stat. § 113-412.   Seizure and sale of contraband oil, gas and product
    Apart from, and in addition to, any other remedy or procedure which may be available to the Department, or any penalty which may be...
  • N.C. Gen. Stat. § 113-413.   Repealed by Session Laws 1987, c. 827, s. 124
  • N.C. Gen. Stat. § 113-414.   Filing list of renewed leases in office of register of deeds
    On December 31 of each year, or within 10 days thereafter, every person, firm or corporation holding petroleum leases shall file in the office...
  • N.C. Gen. Stat. § 113-415.   Conflicting laws
    No provision of this Article shall be construed to repeal, amend, abridge or otherwise affect: (i) the authority and responsibility vested in the Environmental...
  • N.C. Gen. Stat. § 113-416 through 113-419.   Repealed by Session Laws 1959, c. 779, s. 3
  • N.C. Gen. Stat. § 113-420.   Notice and entry to property
    (a) Notice Required for Activities That Do Not Disturb Surface of Property. - If an oil or gas developer or operator is not the...
  • N.C. Gen. Stat. § 113-421.   Presumptive liability for water contamination; compensation for other damages; responsibility for reclamation
    (a) Presumptive Liability for Water Contamination. - It shall be presumed that an oil or gas developer or operator is responsible for contamination of...
  • N.C. Gen. Stat. § 113-422.   Indemnification
    An oil or gas developer or operator shall indemnify and hold harmless a surface owner against any claims related to the developer's or operator's...
  • N.C. Gen. Stat. § 113-423.   Required lease terms
    (a) Required Information to be Provided to Potential Lessors and Surface Owners. - Prior to executing a lease for oil and gas rights or...
  • N.C. Gen. Stat. § 113-423.1.   Surface activities
    (a) Agreements on Rights and Obligations of Parties. - The developer or operator and the surface owner may enter into a mutually acceptable agreement...
  • N.C. Gen. Stat. § 113-424.   Repealed by Session Laws 2012-143, s. 4(f), effective July 2, 2012
  • N.C. Gen. Stat. § 113-425.   Registry of landmen required
    (a) Establishment of Registry. - The Department of Environment and Natural Resources, in consultation with the Consumer Protection Division of the North Carolina Department...
  • N.C. Gen. Stat. § 113-426.   Publication of information for landowners
    In order to effect the pre-lease publication distribution requirement as set forth in G.S. 113-423(a), and to otherwise inform the public, the Consumer Protection...
  • N.C. Gen. Stat. § 113-427.   Additional remedies
    The remedies provided by this Part are not exclusive and do not preclude any other remedies that may be allowed by law. (2012-143, s.

Last modified: March 23, 2014