North Carolina General Statutes Chapter 113A Pollution Control and Environment

Article 1 - Environmental Policy Act.

N.C. Gen. Stat. § 113A-1. Title
This Article shall be known as the North Carolina Environmental Policy Act of 1971. (1971, c. 1203, s. 1; 1991, c. 431, s. 1.)
N.C. Gen. Stat. § 113A-2. Purposes
The purposes of this Article are: to declare a State policy which will encourage the wise, productive, and beneficial use of the natural resources...
N.C. Gen. Stat. § 113A-3. Declaration of State environmental policy
The General Assembly of North Carolina, recognizing the profound influence of man's activity on the natural environment, and desiring, in its role as trustee...
N.C. Gen. Stat. § 113A-4. Cooperation of agencies; reports; availability of information
The General Assembly authorizes and directs that, to the fullest extent possible: (1) The policies, rules, and public laws of this State shall be...
N.C. Gen. Stat. § 113A-5. Review of agency actions involving major adverse changes or conflicts
Whenever, in the judgment of the responsible State official, the information obtained in preparing the statement indicates that a major adverse change in the...
N.C. Gen. Stat. § 113A-6. Conformity of administrative procedures to State environmental policy
All agencies of the State shall periodically review their statutory authority, administrative rules, and current policies and procedures for the purpose of determining whether...
N.C. Gen. Stat. § 113A-7. Other statutory obligations of agencies
Nothing in this Article shall in any way affect nor detract from specific statutory obligations of any State agency (1) To comply with criteria...
N.C. Gen. Stat. § 113A-8. Major development projects
(a) The governing bodies of all cities, counties, and towns acting individually, or collectively, may by ordinance require any special-purpose unit of government or...
N.C. Gen. Stat. § 113A-8.1. Surface water transfers
An environmental assessment shall be prepared for any transfer for which a petition is filed in accordance with G.S. 143-215.22L. The determination of whether...
N.C. Gen. Stat. § 113A-9. Definitions
As used in this Article, unless the context indicates otherwise, the term: (1) "Environmental assessment" (EA) means a document prepared by a State agency...
N.C. Gen. Stat. § 113A-10. Provisions supplemental
The policies, obligations and provisions of this Article are supplementary to those set forth in existing authorizations of and statutory provisions applicable to State...
N.C. Gen. Stat. § 113A-11. Adoption of rules
(a) The Department of Administration shall adopt rules to implement this Article. (b) Each State agency may adopt rules that establish minimum criteria. An...
N.C. Gen. Stat. § 113A-12. Environmental document not required in certain cases
No environmental document shall be required in connection with: (1) The construction, maintenance, or removal of an electric power line, water line, sewage line,...
N.C. Gen. Stat. § 113A-13. Administrative and judicial review
The preparation of an environmental document required under this Article is intended to assist the responsible agency in determining the appropriate decision on the...
N.C. Gen. Stat. § 113A-14 through 113A-20. Reserved for future codification purposes

Article 2 - Interstate Environmental Compact.

N.C. Gen. Stat. § 113A-21. Title
This Article shall be known and cited as "The Interstate Environmental Compact Act of 1971." (1971, c. 805, s. 1.)
N.C. Gen. Stat. § 113A-22. Purpose
The General Assembly of North Carolina recognizes and declares: (1) The concern for the purity and life-giving qualities of our environment is of primary...
N.C. Gen. Stat. § 113A-23. Compact provisions
The Interstate Environmental Compact is hereby enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as...
N.C. Gen. Stat. § 113A-24 through 113A-29. Reserved for future codification purposes

Article 3 - Natural and Scenic Rivers System.

N.C. Gen. Stat. § 113A-30. Short title
This Article shall be known and may be cited as the "Natural and Scenic Rivers Act of 1971." (1971, c. 1167, s. 2.)
N.C. Gen. Stat. § 113A-31. Declaration of policy
The General Assembly finds that certain rivers of North Carolina possess outstanding natural, scenic, educational, geological, recreational, historic, fish and wildlife, scientific and cultural...
N.C. Gen. Stat. § 113A-32. Declaration of purpose
The purpose of this Article is to implement the policy as set out in G.S. 113A-31 by instituting a North Carolina natural and scenic...
N.C. Gen. Stat. § 113A-33. Definitions
As used in this Article, unless the context requires otherwise: (1) "Department" means the Department of Environment and Natural Resources. (2) "Free-flowing," as applied...
N.C. Gen. Stat. § 113A-34. Types of scenic rivers
The following types of rivers are eligible for inclusion in the North Carolina natural and scenic rivers system: Class I. Natural river areas. Those...
N.C. Gen. Stat. § 113A-35. Criteria for system
For the inclusion of any river or segment of river in the natural and scenic river system, the following criteria must be present: (1)...
N.C. Gen. Stat. § 113A-35.1. Components of system; management plan; acquisition of land and easements; inclusion in national system
(a) That segment of the south fork of the New River extending from its confluence with Dog Creek in Ashe County downstream through Ashe...
N.C. Gen. Stat. § 113A-35.2. Additional components
That segment of the Linville River beginning at the State Highway 183 bridge over the Linville River and extending approximately 13 miles downstream to...
N.C. Gen. Stat. § 113A-36. Administrative agency; federal grants; additions to the system; regulations
(a) The Department is the agency of the State of North Carolina with the duties and responsibilities to administer and control the North Carolina...
N.C. Gen. Stat. § 113A-37. Raising the status of an area
Whenever in the judgment of the Secretary of the Department a scenic river segment has been sufficiently restored and enhanced in its natural scenic...
N.C. Gen. Stat. § 113A-38. Land acquisition
(a) The Department of Administration is authorized to acquire for the Department, within the boundaries of a river or segment of river as set...
N.C. Gen. Stat. § 113A-39. Claim and allowance of charitable deduction for contribution or gift of easement
The contribution or donation of a "scenic easement," right-of-way or any other easement or interest in land to the State of North Carolina, as...
N.C. Gen. Stat. § 113A-40. Component as part of State park, wildlife refuge, etc
Any component of the State natural and scenic rivers system that is or shall become a part of any State park, wildlife refuge, or...
N.C. Gen. Stat. § 113A-41. Component as part of national wild and scenic river system
Nothing in this Article shall preclude a river or segment of a river from becoming part of the national wild and scenic river system....
N.C. Gen. Stat. § 113A-42. Violations
(a) Civil Action. - Whoever violates, fails, neglects or refuses to obey any provision of this Article or rule or order of the Secretary...
N.C. Gen. Stat. § 113A-43. Authorization of advances
The Department of Administration is hereby authorized to advance from land-purchase appropriations necessary amounts for the purchase of land in those cases where reimbursement...
N.C. Gen. Stat. § 113A-44. Restrictions on project works on natural or scenic river
The State Utilities Commission may not permit the construction of any dam, water conduit, reservoir, powerhouse transmission line, or any other project works on...
N.C. Gen. Stat. § 113A-45 through 113A-49. Reserved for future codification purposes

Article 4 - Sedimentation Pollution Control Act of 1973.

N.C. Gen. Stat. § 113A-50. Short title
This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." (1973, c. 392, s. 1.)
N.C. Gen. Stat. § 113A-51. Preamble
The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of...
N.C. Gen. Stat. § 113A-52. Definitions
As used in this Article, unless the context otherwise requires: (1) Repealed by Session Laws 1973, c. 1417, s. 1. (1a) "Affiliate" has the...
N.C. Gen. Stat. § 113A-52.01. Applicability of this Article
This Article shall not apply to the following land-disturbing activities: (1) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for...
N.C. Gen. Stat. § 113A-52.1. Forest Practice Guidelines
(a) The Department shall adopt Forest Practice Guidelines Related to Water Quality (best management practices). The adoption of Forest Practices Guidelines Related to Water...
N.C. Gen. Stat. § 113A-53. Repealed by Session Laws 1973, c. 1262, s. 41
N.C. Gen. Stat. § 113A-54. Powers and duties of the Commission
(a) The Commission shall, in cooperation with the Secretary of Transportation and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a...
N.C. Gen. Stat. § 113A-54.1. Approval of erosion control plans
(a) A draft erosion and sedimentation control plan must contain the applicant's address and, if the applicant is not a resident of North Carolina,...
N.C. Gen. Stat. § 113A-54.2. Approval Fees
(a) An application fee of sixty-five dollars ($65.00) per acre of disturbed land shown on an erosion and sedimentation control plan or of land...
N.C. Gen. Stat. § 113A-55. Authority of the Secretary
The sedimentation control program developed by the Commission shall be administered by the Secretary under the direction of the Commission. To this end the...
N.C. Gen. Stat. § 113A-56. Jurisdiction of the Commission
(a) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning land-disturbing activities that are: (1) Conducted by the...
N.C. Gen. Stat. § 113A-57. Mandatory standards for land-disturbing activity
No land-disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements: (1) No land-disturbing activity during periods...
N.C. Gen. Stat. § 113A-58. Enforcement authority of the Commission
In implementing the provisions of this Article the Commission is authorized and directed to: (1) Inspect or cause to be inspected the sites of...
N.C. Gen. Stat. § 113A-59. Educational activities
The Commission in conjunction with the soil and water conservation districts, the North Carolina Agricultural Extension Service, and other appropriate State and federal agencies...
N.C. Gen. Stat. § 113A-60. Local erosion and sedimentation control programs
(a) A local government may submit to the Commission for its approval an erosion and sedimentation control program for its jurisdiction, and to this...
N.C. Gen. Stat. § 113A-61. Local approval of erosion and sedimentation control plans
(a) For those land-disturbing activities for which prior approval of an erosion and sedimentation control plan is required, the Commission may require that a...
N.C. Gen. Stat. § 113A-61.1. Inspection of land-disturbing activity; notice of violation
(a) The Commission, a local government that administers an erosion and sedimentation control program approved under G.S. 113A-60, or other approving authority shall provide...
N.C. Gen. Stat. § 113A-62. Cooperation with the United States
The Commission is authorized to cooperate and enter into agreements with any agency of the United States government in connection with plans for erosion...
N.C. Gen. Stat. § 113A-63. Financial and other assistance
The Commission and local governments are authorized to receive from federal, State, and other public and private sources financial, technical, and other assistance for...
N.C. Gen. Stat. § 113A-64. Penalties
(a) Civil Penalties. - (1) Any person who violates any of the provisions of this Article or any ordinance, rule, or order adopted or...
N.C. Gen. Stat. § 113A-64.1. Restoration of areas affected by failure to comply
The Secretary or a local government that administers a local erosion and sedimentation control program approved under G.S. 113A-60 may require a person who...
N.C. Gen. Stat. § 113A-65. Injunctive relief
(a) Violation of State Program. - Whenever the Secretary has reasonable cause to believe that any person is violating or is threatening to violate...
N.C. Gen. Stat. § 113A-65.1. Stop-work orders
(a) The Secretary may issue a stop-work order if he finds that a land-disturbing activity is being conducted in violation of this Article or...
N.C. Gen. Stat. § 113A-66. Civil relief
(a) Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local...
N.C. Gen. Stat. § 113A-67. Annual Report
The Department shall report to the Environmental Review Commission on the implementation of this Article on or before 1 October of each year. The...
N.C. Gen. Stat. § 113A-68. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-69. Reserved for future codification purposes

Article 4A - Vehicular Surface Areas.

N.C. Gen. Stat. § 113A-70, 113A-71. Repealed by Session Laws 2013-413, s. 54. For effective date of repeal, see editor's note
N.C. Gen. Stat. § 113A-70, 113A-71. Repealed by Session Laws 2013-413, s. 54. For effective date of repeal, see editor's note

Article 5 - North Carolina Appalachian Trails System Act.

N.C. Gen. Stat. § 113A-72. Short title
This Article may be cited as the North Carolina Appalachian Trails System Act. (1973, c. 545, s. 1.)
N.C. Gen. Stat. § 113A-73. Policy and purpose
(a) In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel...
N.C. Gen. Stat. § 113A-74. Appalachian Trails System; connecting or side trails; coordination with the National Trails System Act
Connecting or side trails may be established, designated and marked as components of the Appalachian Trail System by the Department of Environment and Natural...
N.C. Gen. Stat. § 113A-75. Assistance under this Article with the National Trails System Act (PL 90-543)
(a) The Department of Administration in cooperation with other appropriate State departments shall consult with the federal agencies charged with the administration of the...
N.C. Gen. Stat. § 113A-76. Acquisition of rights-of-way and lands; manner of acquiring
The State of North Carolina may use lands for trail purposes within the boundaries of areas under its administration that are included in the...
N.C. Gen. Stat. § 113A-77. Expenditures authorized
The Department is authorized to spend any federal, State, local or private funds available for this purpose to the Department for acquisition and development...
N.C. Gen. Stat. § 113A-78 through 113A-82. Reserved for future codification purposes

Article 6 - North Carolina Trails System.

N.C. Gen. Stat. § 113A-83. Short title
This Article shall be known and may be cited as the "North Carolina Trails System Act." (1973, c. 670, s. 1.)
N.C. Gen. Stat. § 113A-84. Declaration of policy and purpose
(a) In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 113A-86. Composition of State trails system
The State trails system shall be composed of designated: (1) State scenic trails, which are defined as extended trails so located as to provide...
N.C. Gen. Stat. § 113A-87. Authority to designate trails
The Department may establish and designate trails on: (1) Lands administered by the Department, (2) Lands under the jurisdiction of a State department, political...
N.C. Gen. Stat. § 113A-87.1. Use of State land for bicycling; creation of trails by volunteers
(a) Any land held in fee simple by this State, any agency of this State, or any land purchased or leased with funds provided...
N.C. Gen. Stat. § 113A-88. North Carolina Trails Committee; composition; meetings and functions
(a) Repealed by Session Laws 1973, c. 1262, s. 82. (b) The Committee shall meet in various sections of the State not less than...
N.C. Gen. Stat. § 113A-89. Location of trails
The process of locating routes of designated trails to be added to the system shall be as follows: For State scenic trails, the Secretary...
N.C. Gen. Stat. § 113A-90. Scenic easements within right-of-way
Within the boundaries of the right-of-way, the Secretary of the North Carolina Department of Administration may acquire, on behalf of the State of North...
N.C. Gen. Stat. § 113A-91. Trails within parks; conflict of laws
Any component of the System that is or shall become a part of any State park, recreation area, wildlife management area, or similar area...
N.C. Gen. Stat. § 113A-92. Uniform trail markers
The Department, in consultation with the Committee, shall establish a uniform marker for trails contained in the System. An additional appropriate symbol characterizing specific...
N.C. Gen. Stat. § 113A-92.1. Adopt-A-Trail Program
The Department shall establish an Adopt-A-Trail Program to coordinate with the Trails Committee and local groups or persons on trail development and maintenance. Local...
N.C. Gen. Stat. § 113A-93. Administrative policy
The North Carolina Trails System shall be administered by the Department according to the policies and criteria set forth in this Article. The Department...
N.C. Gen. Stat. § 113A-94. Incorporation in National Trails System
Nothing in this Article shall preclude a component of the State Trails System from becoming a part of the National Trails System. The Secretary...
N.C. Gen. Stat. § 113A-95. Trail use liability
(a) Any person, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to use the land...
N.C. Gen. Stat. § 113A-96 through 113A-99. Reserved for future codification purposes

Article 7 - Coastal Area Management.

N.C. Gen. Stat. § 113A-100. Short title
This Article shall be known as the Coastal Area Management Act of 1974. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981,...
N.C. Gen. Stat. § 113A-101. Cooperative State-local program
This Article establishes a cooperative program of coastal area management between local and State governments. Local government shall have the initiative for planning. State...
N.C. Gen. Stat. § 113A-102. Legislative findings and goals
(a) Findings. - It is hereby determined and declared as a matter of legislative finding that among North Carolina's most valuable resources are its...
N.C. Gen. Stat. § 113A-103. Definitions
As used in this Article: (1) "Advisory Council" means the Coastal Resources Advisory Council created by G.S. 113A-105. (1a) "Boat" means a vessel or...
N.C. Gen. Stat. § 113A-104. Coastal Resources Commission
(a) Established. - The General Assembly hereby establishes within the Department of Environment and Natural Resources a commission to be designated the Coastal Resources...
N.C. Gen. Stat. § 113A-105. Coastal Resources Advisory Council
(a) Creation. - There is hereby created and established a council to be known as the Coastal Resources Advisory Council. (b) Membership and Terms....
N.C. Gen. Stat. § 113A-106. Scope of planning processes
Planning processes covered by this Article include the development and adoption of State guidelines for the coastal area and the development and adoption of...
N.C. Gen. Stat. § 113A-106.1. Adoption of Coastal Habitat Protection Plans
The Commission shall approve Coastal Habitat Protection Plans as provided in G.S. 143B-279.8. (1997-400, s. 3.3.)
N.C. Gen. Stat. § 113A-107. State guidelines for the coastal area
(a) State guidelines for the coastal area shall consist of statements of objectives, policies, and standards to be followed in public and private use...
N.C. Gen. Stat. § 113A-107.1. Sea-level policy
(a) The General Assembly does not intend to mandate the development of sea-level policy or the definition of rates of sea-level change for regulatory...
N.C. Gen. Stat. § 113A-108. Effect of State guidelines
All local land-use plans adopted pursuant to this Article within the coastal area shall be consistent with the State guidelines. No permit shall be...
N.C. Gen. Stat. § 113A-109. County letter of intent; timetable for preparation of land-use plan
Within 120 days after July 1, 1974, each county within the coastal area shall submit to the Commission a written statement of its intent...
N.C. Gen. Stat. § 113A-110. Land-use plans
(a) A land-use plan for a county shall, for the purpose of this Article, consist of statements of objectives, policies, and standards to be...
N.C. Gen. Stat. § 113A-111. Effect of land-use plan
No permit shall be issued under Part 4 of this Article for development which is inconsistent with the approved land-use plan for the county...
N.C. Gen. Stat. § 113A-112. Planning grants
The Secretary is authorized to make grants to local governmental units for the purpose of assisting in the development of local plans and management...
N.C. Gen. Stat. § 113A-113. Areas of environmental concern; in general
(a) The Coastal Resources Commission shall by rule designate geographic areas of the coastal area as areas of environmental concern and specify the boundaries...
N.C. Gen. Stat. § 113A-114. Repealed by Session Laws 1983, c. 518, s. 2, effective June 13, 1983
N.C. Gen. Stat. § 113A-115. Designation of areas of environmental concern
(a) Prior to adopting any rule permanently designating any area of environmental concern the Secretary and the Commission shall hold a public hearing in...
N.C. Gen. Stat. § 113A-115.1. Limitations on erosion control structures
(a) As used in this section: (1) "Erosion control structure" means a breakwater, bulkhead, groin, jetty, revetment, seawall, or any similar structure. (1a) "Estuarine...
N.C. Gen. Stat. § 113A-116. Local government letter of intent
Within two years after July 1, 1974, each county and city within the coastal area shall submit to the Commission a written statement of...
N.C. Gen. Stat. § 113A-117. Implementation and enforcement programs
(a) The Secretary shall develop and present to the Commission for consideration and to all cities and counties and lead regional organizations within the...
N.C. Gen. Stat. § 113A-118. Permit required
(a) After the date designated by the Secretary pursuant to G.S. 113A-125, every person before undertaking any development in any area of environmental concern...
N.C. Gen. Stat. § 113A-118.1. General permits
(a) The Commission may, by rule, designate certain classes of major and minor development for which a general or blanket permit may be issued....
N.C. Gen. Stat. § 113A-118.2. Development in Primary Nursery Areas and Outstanding Resource Waters areas of environmental concern
Public notice, opportunity for public comment, and agency review shall be required for all development within the Primary Nursery Areas or Outstanding Resource Waters...
N.C. Gen. Stat. § 113A-119. Permit applications generally
(a) Any person required to obtain a permit under this Part shall file with the Secretary and (in the case of a permit sought...
N.C. Gen. Stat. § 113A-119.1. Permit fees
(a) The Commission shall have the power to establish a graduated fee schedule for the processing of applications for permits, renewals of permits, modifications...
N.C. Gen. Stat. § 113A-119.2. Review of offshore fossil fuel facilities
(a) In addition to the definitions set out in G.S. 113A-103, as used in this section, the following definitions shall apply: (1) "Coastal fishing...
N.C. Gen. Stat. § 113A-120. Grant or denial of permits
(a) The responsible official or body shall deny an application for a permit upon finding: (1) In the case of coastal wetlands, that the...
N.C. Gen. Stat. § 113A-120.1. Variances
(a) Any person may petition the Commission for a variance granting permission to use the person's land in a manner otherwise prohibited by rules...
N.C. Gen. Stat. § 113A-120.2. Expired
N.C. Gen. Stat. § 113A-121. Permits for minor developments under expedited procedures
(a) Applications for permits for minor developments shall be expeditiously processed so as to enable their promptest feasible disposition. (b) In cities and counties...
N.C. Gen. Stat. § 113A-121.1. Administrative review of permit decisions
(a) An applicant for a minor or major development permit who is dissatisfied with the decision on his application may file a petition for...
N.C. Gen. Stat. § 113A-122. Procedures for hearings on permit decisions
(a) Repealed by Session Laws 1987, c. 827, s. 140. (b) The following provisions shall be applicable in connection with hearings pursuant to this...
N.C. Gen. Stat. § 113A-123. Judicial review
(a) Any person directly affected by any final decision or order of the Commission under this Part may appeal such decision or order to...
N.C. Gen. Stat. § 113A-124. Additional powers and duties
(a) The Secretary shall have the following additional powers and duties under this Article: (1) To conduct or cause to be conducted, investigations of...
N.C. Gen. Stat. § 113A-125. Transitional provisions
(a) Existing regulatory permits shall continue to be administered within the coastal area by the agencies presently responsible for their administration until a date...
N.C. Gen. Stat. § 113A-126. Injunctive relief and penalties
(a) Upon violation of any of the provisions of this Article or of any rule or order adopted under the authority of this Article...
N.C. Gen. Stat. § 113A-127. Coordination with the federal government
All State agencies shall keep informed of federal and interstate agency plans, activities, and procedures within their area of expertise that affect the coastal...
N.C. Gen. Stat. § 113A-128. Protection of landowners' rights
Nothing in this Article authorizes any governmental agency to adopt a rule or issue any order that constitutes a taking of property in violation...
N.C. Gen. Stat. § 113A-129. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-129.1. Legislative Findings and Purposes
(a) Findings. - It is hereby determined and declared as a matter of legislative finding that the coastal area of North Carolina contains a...
N.C. Gen. Stat. § 113A-129.2. Coastal Reserve Program
(a) There is hereby created a North Carolina Coastal Reserve System for the purpose of acquiring, improving, and maintaining undeveloped coastal land and water...
N.C. Gen. Stat. § 113A-129.3. Coordination
(a) To the extent feasible, this system shall be carried out in coordination with the National Estuarine Reserve Research System established by 16 U.S.C....
N.C. Gen. Stat. § 113A-130 through 113A-134. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-134.1. Legislative findings
(a) The General Assembly finds that there are many privately owned lots or tracts of land in close proximity to the Atlantic Ocean and...
N.C. Gen. Stat. § 113A-134.2. Creation of program; administration; purpose; definitions
(a) There is created the Public Beach and Coastal Waterfront Access Program, to be administered by the Commission and the Department, for the purpose...
N.C. Gen. Stat. § 113A-134.3. Standards for public access program
(a) The Commission, with the support of the Department, shall establish and carry out a program to assure the acquisition, improvement, and maintenance of...
N.C. Gen. Stat. § 113A-134.4 through 113A-134.9. Reserved for future codification purposes

Article 7B - Bogue Inlet Access Program.

N.C. Gen. Stat. § 113A-134.10. Repealed by Session Laws 1991, c. 365

Article 7C - Beach Management Plan.

N.C. Gen. Stat. § 113A-134.11. Department to compile and evaluate information
The Department of Environment and Natural Resources shall compile and evaluate information on the current conditions and erosion rates of beaches, on coastal geology,...
N.C. Gen. Stat. § 113A-134.12. Multiyear beach management and restoration strategy and plan
(a) The Department of Environment and Natural Resources shall develop a multiyear beach management and restoration strategy and plan that does all of the...

Article 8 - North Carolina Land Conservancy Corporation.

N.C. Gen. Stat. § 113A-135 through 113A-149. Repealed by Session Laws 1983 (Regular Session 1984), c. 995, s. 4

Article 9 - Land Policy Act.

N.C. Gen. Stat. § 113A-150. Short title
This Article shall be known as the Land Policy Act of 1974. (1973, c. 1306, s. 1.)
N.C. Gen. Stat. § 113A-151. Findings, intent and purpose
(a) Findings. - The General Assembly hereby finds that: (1) The land of North Carolina is a resource basic to the welfare of her...
N.C. Gen. Stat. § 113A-152. Definitions
Unless the context otherwise requires, the following terms as used in this Article are defined as follows: (1) "Areas of environmental concern" means: those...
N.C. Gen. Stat. § 113A-153. North Carolina Land Policy Council
(a), (b) Repealed by Session Laws 1981, c. 881, s. 3. (c) Duties. - (1) To assemble and analyze significant existing laws, policies and...
N.C. Gen. Stat. § 113A-154. Repealed by Session Laws 1981, c. 881, s. 3
N.C. Gen. Stat. § 113A-155. State land policy
(a) Content. - The State land policy of North Carolina shall consist of the following: (1) Consistent, comprehensive, and coordinated principles, guidelines, and methods...
N.C. Gen. Stat. § 113A-156. State land classification system
(a) Purpose. - Within two years following July 1, 1974, the North Carolina Land Policy Council shall develop a State land classification system, which...
N.C. Gen. Stat. § 113A-157. Repealed by Session Laws 1981, c. 881, s. 3
N.C. Gen. Stat. § 113A-158. Protection of rights
Nothing in this Article authorizes any governmental agency to adopt a rule or issue any order that constitutes a taking of property in violation...
N.C. Gen. Stat. § 113A-159. Interpretation
It is the intention of the General Assembly that this Article be interpreted consistently with, and administered in coordination with, the Coastal Area Management...
N.C. Gen. Stat. § 113A-160 through 113A-164. Reserved for future codification purposes

Article 9A - Nature Preserves Act.

N.C. Gen. Stat. § 113A-164.1. Short title
This Article shall be known as the Nature Preserves Act. (1985, c. 216, s. 1.)
N.C. Gen. Stat. § 113A-164.2. Declaration of policy and purpose
(a) The continued population growth and land development in North Carolina have made it necessary and desirable that areas of natural significance be identified...
N.C. Gen. Stat. § 113A-164.3. Definitions
As used in this Article, unless the context requires otherwise: (1) "Articles of dedication" means the writing by which any estate, interest, or right...
N.C. Gen. Stat. § 113A-164.4. Powers and duties of the Secretary
The Secretary shall: (1) Establish by rule the criteria for selection, registration, and dedication of natural areas and nature preserves. (2) Cooperate or contract...
N.C. Gen. Stat. § 113A-164.5. Registration of natural areas
(a) The Secretary shall maintain a State Registry of voluntarily protected natural areas to be called the North Carolina Registry of Natural Heritage Areas....
N.C. Gen. Stat. § 113A-164.6. Dedication of nature preserves
(a) The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as outstanding natural areas. Nature preserves...
N.C. Gen. Stat. § 113A-164.7. Nature preserves held in trust
Lands dedicated for nature preserves pursuant to this Article are held in trust by the State for those uses and purposes expressed in this...
N.C. Gen. Stat. § 113A-164.8. Dedication of state-owned lands to nature preserves; procedures
Subject to the approval of the Governor and Council of State, state-owned lands may be dedicated as a nature preserve. State-owned lands shall be...
N.C. Gen. Stat. § 113A-164.9. Dedication of preserves by local governmental units
All local units of government may dedicate lands as nature preserves by transfer of fee simple title or other interest in land to the...
N.C. Gen. Stat. § 113A-164.10. Acquisition of land by State
All acquisitions or dispositions of an interest in land by the State pursuant to this Article shall be subject to the provisions of Chapter...
N.C. Gen. Stat. § 113A-164.11. Assessment of land subject to permanent dedication agreement
For purposes of taxation, privately owned land subject to a nature preserve dedication agreement shall be assessed on the basis of the true value...

Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway.

N.C. Gen. Stat. § 113A-165. Advertisements prohibited within 1,000 feet of centerline; exceptions
No advertisement or advertising structure shall be erected, constructed, installed, maintained or operated within 1,000 feet of the centerline of the Blue Ridge Parkway,...
N.C. Gen. Stat. § 113A-166. Rules
The Secretary of Environment and Natural Resources may adopt rules needed to implement this Article. (1975, c. 385; 1977, c. 771, s. 4; 1987,...
N.C. Gen. Stat. § 113A-167. Existing billboards
Any billboard in existence upon May 26, 1975, and which does not conform to the requirements of this Article may be maintained for the...
N.C. Gen. Stat. § 113A-168. Removal, etc., of unlawful advertising
Any outdoor advertising erected or established after May 26, 1975, in violation of the provisions of this Article shall be unlawful and shall constitute...
N.C. Gen. Stat. § 113A-169. Condemnation procedure
For the purposes of this Article, the Department of Environment and Natural Resources shall use the procedure for condemnation of property as provided for...
N.C. Gen. Stat. § 113A-170. Violation a misdemeanor; injunctive relief
Any person, firm, corporation or association placing or erecting outdoor advertising structure or junkyard along the Blue Ridge Parkway in violation of this Article...
N.C. Gen. Stat. § 113A-171 through 113A-175. Reserved for future codification purposes

Article 11 - Forest Development Act.

N.C. Gen. Stat. § 113A-176 through 113A-183. Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011
N.C. Gen. Stat. § 113A-184. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-185. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-186. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-187. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-188. Reserved for future codification purposes

Article 12 - Primary Forest Product Assessment Act.

N.C. Gen. Stat. § 113A-189 through 113A-196. Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011
N.C. Gen. Stat. § 113A-197. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-198. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-199. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-200. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-201. Reserved for future codification purposes

Article 13 - Toxic Substances Task Force and Incident Response Procedures.

N.C. Gen. Stat. § 113A-202 through 113A-204. Repealed by Session Laws 1979, 2nd Session, c. 1310, s. 3

Article 14 - Mountain Ridge Protection.

N.C. Gen. Stat. § 113A-205. Short title
This Article shall be known as the Mountain Ridge Protection Act of 1983. (1983, c. 676, s. 1.)
N.C. Gen. Stat. § 113A-206. Definitions
Within the meaning of this Article: (1) The word "person" includes any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,...
N.C. Gen. Stat. § 113A-207. Legislative findings
The construction of tall or major buildings and structures on the ridges and higher elevations of North Carolina's mountains in an inappropriate or badly...
N.C. Gen. Stat. § 113A-208. Regulation of mountain ridge construction by counties and cities
(a) Any county or city may adopt, effective not later than January 1, 1984, and may enforce an ordinance that regulates the construction of...
N.C. Gen. Stat. § 113A-209. Certain buildings prohibited
(a) This section applies beginning January 1, 1984, in any county or city that has failed to adopt a ridge protection ordinance pursuant to...
N.C. Gen. Stat. § 113A-210. Application to existing buildings
General Statutes 113A-208 and 113A-209 apply to buildings that existed upon the effective date of this Article as follows: (1) No reconstruction, alteration or...
N.C. Gen. Stat. § 113A-211. Enforcement and penalties
(a) Violations of this Article shall be subject to the same criminal sanctions, civil penalties and equitable remedies as violations of county ordinances under...
N.C. Gen. Stat. § 113A-212. Assistance to counties and cities under ridge law
(a) The Secretary of Environment and Natural Resources shall provide assistance upon request to the counties and cities in carrying out their functions pursuant...
N.C. Gen. Stat. § 113A-213. Article is supplemental
This Article provides a supplemental source of authority in addition to other present or future legislation and shall not be construed as prescribing an...
N.C. Gen. Stat. § 113A-214. Choosing coverage or removal from coverage of this Article
(a) This Article shall apply in all counties and cities unless and until the jurisdiction adopts an ordinance exempting itself from the coverage of...
N.C. Gen. Stat. § 113A-215 through 113A-219. Reserved for future codification purposes

Article 15 - Aquatic Weed Control.

N.C. Gen. Stat. § 113A-220. Short title
This Article shall be known as the Aquatic Weed Control Act of 1991. (1991, c. 132.)
N.C. Gen. Stat. § 113A-221. Definitions
Unless a different meaning is required by the context, the following definitions shall apply throughout this Article: (1) "Department" means the Department of Environment...
N.C. Gen. Stat. § 113A-222. Designation of noxious aquatic weeds
(a) The Secretary, after consultation with the Director of the North Carolina Agricultural Extension Service, the Wildlife Resources Commission, and the Marine Fisheries Commission,...
N.C. Gen. Stat. § 113A-223. Powers and duties of the Secretary
(a) The Secretary shall direct the control, eradication, and regulation of noxious aquatic weeds so as to protect and preserve human health, safety, and...
N.C. Gen. Stat. § 113A-224. Powers of the Commissioner of Agriculture
(a) The Commissioner of Agriculture may regulate the importation, sale, use, culture, collection, transportation, and distribution of a noxious aquatic weed as a plant...
N.C. Gen. Stat. § 113A-225. Responsibilities of other State agencies
All State agencies shall cooperate with the Secretary to assist in the implementation of this Article. (1991, c. 132.)
N.C. Gen. Stat. § 113A-226. Enforcement
(a) Any person who violates this Article or any rule adopted pursuant to this Article shall be guilty of a Class 2 misdemeanor for...
N.C. Gen. Stat. § 113A-227. Adoption of rules
The Secretary may adopt rules necessary to implement the provisions of this Article pursuant to Chapter 150B of the General Statutes. (1991, c. 132.)
N.C. Gen. Stat. § 113A-228. Reserved for future codification purposes
N.C. Gen. Stat. § 113A-229. Reserved for future codification purposes

Article 16 - Conservation Easements Program.

N.C. Gen. Stat. § 113A-230. Legislative findings; intent
The General Assembly finds that a statewide network of protected natural areas, riparian buffers, and greenways can best be accomplished through a conservation easements...
N.C. Gen. Stat. § 113A-231. Program to accomplish conservation purposes
The Department of Environment and Natural Resources shall develop a nonregulatory program that uses conservation tax credits as a prominent tool to accomplish conservation...
N.C. Gen. Stat. § 113A-232. Conservation Grant Fund
(a) Fund Created. - The Conservation Grant Fund is created within the Department of Environment and Natural Resources. The Fund shall be administered by...
N.C. Gen. Stat. § 113A-233. Uses of a grant from the Conservation Grant Fund
(a) Allowable Uses. - A grant from the Conservation Grant Fund may be used only to pay for one or more of the following...
N.C. Gen. Stat. § 113A-234. Administration of grants
(a) Grant Procedures and Criteria. - The Secretary of Environment and Natural Resources shall establish the procedures and criteria for awarding grants from the...
N.C. Gen. Stat. § 113A-235. Conservation easements
(a) Acquisition and Protection of Conservation Easements. - Ecological systems and appropriate public use of these systems may be protected through conservation easements, including...
N.C. Gen. Stat. § 113A-236 through 113A-239. Reserved for future codification purposes

Article 17 - Conservation, Farmland, And Open Space Protection And Coordination.

N.C. Gen. Stat. § 113A-240. Intent
(a) It is the intent of the General Assembly to continue to support and accelerate the State's programs of land conservation and protection, to...
N.C. Gen. Stat. § 113A-241. State to Preserve One Million Acres; Annual Report
(a) The State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that...
N.C. Gen. Stat. § 113A-242 through 113A-250. Reserved for future codification purposes

Article 18 - Clean Water Management Trust Fund.

N.C. Gen. Stat. § 113A-251. Purpose
The General Assembly recognizes that a critical need exists in this State to clean up pollution in the State's surface waters and to protect,...
N.C. Gen. Stat. § 113A-252. Definitions
The following definitions apply in this Article: (1) Council. - The advisory council for the Clean Water Management Trust Fund. (2) Economically distressed local...
N.C. Gen. Stat. § 113A-253. Clean Water Management Trust Fund
(a) Fund Established. - The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of...
N.C. Gen. Stat. § 113A-253.1. Repealed by Session Laws 2011-145, s. 13.26(a), effective July 1, 2011
N.C. Gen. Stat. § 113A-253.2. North Carolina Conservation Easement Endowment Fund
(a) The North Carolina Conservation Easement Endowment Fund is established as a special fund in the Office of the State Treasurer. The principal of...
N.C. Gen. Stat. § 113A-254. Grant requirements
(a) Eligible Applicants. - Any of the following are eligible to apply for a grant from the Fund for the purpose of protecting and...
N.C. Gen. Stat. § 113A-255. Clean Water Management Trust Fund: Board of Trustees established; membership qualifications; vacancies; meetings and meeting facilities
(a) Board of Trustees Established. - There is established the Clean Water Management Trust Fund Board of Trustees. The Clean Water Management Trust Fund...
N.C. Gen. Stat. § 113A-256. Clean Water Management Trust Fund Board of Trustees: powers and duties
(a) Allocate Grant Funds. - The Trustees shall allocate moneys from the Fund as grants. A grant may be awarded only for a project...
N.C. Gen. Stat. § 113A-257. Clean Water Management Trust Fund: reporting requirement
The Chair of the Board of Trustees shall report each year by 1 December to the Joint Legislative Commission on Governmental Operations, the Environmental...
N.C. Gen. Stat. § 113A-258. Clean Water Management Trust Fund: Executive Director and staff
The Secretary of Environment and Natural Resources shall select and appoint a competent person in accordance with this section as Executive Director of the...
N.C. Gen. Stat. § 113A-259. Clean Water Management Trust Fund: Advisory Council
There is established the Clean Water Management Trust Fund Advisory Council. The Council shall advise the Trustees with regard to allocations made from the...

Last modified: March 23, 2014