North Carolina General Statutes § 113A-85 Definitions

Except as otherwise required by context, the following terms when used in this Article shall be construed respectively to mean:

(1)        "Department" means the North Carolina Department of Environment and Natural Resources.

(2)        "Political subdivision" means any county, any incorporated city or town, or other political subdivision.

(3)        "Scenic easement" means a perpetual easement in land which

a.         Is held for the benefit of the people of North Carolina,

b.         Is specifically enforceable by its holder or beneficiary, and

c.         Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.

(4)        "Secretary" means the Secretary of Environment and Natural Resources, except as otherwise specified in this Article.

(5)        "State trails system" means the trails system established in this Article or pursuant to the State Parks Act, Article 2C of Chapter 113 of the General Statutes, and including all trails and trail segments, together with their rights-of-way, added by any of the procedures described in this Article or Article 2C of Chapter 113 of the General Statutes.

(6)        "Trail" means:

a.         Park trail. - A trail designated and managed as a unit of the North Carolina State Parks System under Article 2C of Chapter 113 of the General Statutes.

b.         Designated trail. - A trail designated by the Secretary pursuant to this Article as a component of the State trails system and that is managed by another governmental agency or by a corporation listed with the Secretary of State.

c.         A State scenic trail, State recreation trail, or State connecting trail under G.S. 113A-86 when the intended primary use of the trail is to serve as a park trail or designated trail.

d.         Any other trail that is open to the public and that the owner, lessee, occupant, or person otherwise in control of the land on which the trail is located allows to be used as a trail without compensation, including a trail that is not designated by the Secretary as a component of the State trails system. (1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997-443, s. 11A.119(a).)

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Last modified: March 23, 2014