North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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15A NCAC 10J .0102 geNERAL REGULATIONS

REGARDING USE OF CONSERVATION AREAS

(a) Trespass. Entry on areas posted as Wildlife Conservation Areas for purposes other than wildlife observation, hunting, trapping or fishing shall be as authorized by the landowner and there shall be no removal of any plants or parts thereof, or live or dead nongame wildlife species or parts thereof, or other materials, without the written authorization of the landowner. On those areas designated and posted as Colonial Waterbird Nesting Areas, entry is prohibited during the period of April 1 through August 31 of each year, except by written permission of the landowner. Entry into Colonial Waterbird Nesting Areas during the period of September 1 through March 31 is as authorized by the landowner.

(b) Littering. No person shall deposit any litter, trash, garbage, or other refuse at any place on any wildlife conservation area except in receptacles provided for disposal of such refuse. No garbage dumps or sanitary landfills shall be established on any wildlife conservation area by any person, firm, corporation, county or municipality, except as permitted by the landowner.

(c) Possession of Hunting Devices. It is unlawful to possess a firearm or bow and arrow on a designated wildlife conservation area at any time except during the open hunting seasons or hunting days for game birds or game animals thereon unless such device is cased or not immediately available for use, provided that such devices may be possessed in designated camping areas for defense of persons and property; and provided further that .22 caliber pistols with barrels not greater than seven and one-half inches in length and shooting only short, long, or long rifle ammunition may be carried as side arms on designated wildlife conservation areas at any time other than by hunters during the special bow and arrow and muzzle-loading firearms deer hunting seasons. This Rule does not prevent possession or use of bow and arrow as a licensed special fishing device in those waters where such use is authorized. During the closed firearms seasons on big game (deer, bear, boar, wild turkey), no person shall possess a shotgun shell larger than No. 4 shot or any rifle or pistol larger than a .22 caliber rimfire while on a designated wildlife conservation area except that shotgun shells containing any size steel or non-toxic shot may be used while waterfowl hunting. No person shall hunt with or have in possession any shotgun shell containing lead or toxic shot while hunting waterfowl on any area designated as a wildlife conservation area, except shotgun shells containing lead buckshot may be used while deer hunting.

(d) License Requirements:

(1) Hunting and Trapping:

(A) Requirement. Except as provided in Part (d)(1)(B) of this Rule, any person entering upon any designated wildlife conservation area for the purpose of hunting or trapping shall have in his possession a game lands use license in addition to the appropriate hunting or trapping licenses.

(B) Exception. A person under 16 years of age may hunt on designated wildlife conservation areas on the license of his parent or legal guardian.

(2) Trout Fishing. Any person 16 years of age or over, including an individual fishing with natural bait in the county of his residence, entering a designated wildlife conservation area for the purpose of fishing in designated public mountain trout waters located thereon must have in his possession a regular fishing license and special trout license. The resident and nonresident sportsman's licenses and short-term comprehensive fishing licenses include trout fishing privileges on designated wildlife conservation areas.

(e) Training Dogs. Dogs shall not be trained on designated wildlife conservation areas except during open hunting seasons for game animals or game birds thereon. Dogs are not allowed to enter any wildlife conservation area designated and posted as a colonial waterbird nesting area during the period of April 1 through August 31.

(f) Trapping. Subject to the restrictions contained in 15A NCAC 10B .0110, .0302, and .0303, trapping of fur-bearing animals is permitted on any area designated and posted as a wildlife conservation area during the applicable open seasons, except that trapping is prohibited:

(1) on the Nona Pitt Hinson Cohen Wildlife Conservation Area in Richmond County; and

(2) in posted "safety zones" located on any Wildlife Conservation Area.

(g) Use of Weapons. No person shall hunt or discharge a firearm or bow and arrow from a vehicle, or within 200 yards of any building or designated camping areas, or within, into, or across a posted "safety zone" on any designated wildlife conservation area. No person shall hunt with or discharge a firearm within, into, or across a posted "restricted zone" on any designated wildlife conservation area.

(h) Vehicular Traffic. No person shall drive a motorized vehicle on a road, trail or area posted against vehicular traffic or other than on roads maintained for vehicular use on any designated wildlife conservation area.

(i) Camping. No person shall camp on any designated wildlife conservation area except on an area designated by the landowner for camping. On the coastal islands designated wildlife conservation areas, camping is allowed except on those areas designated and posted as Colonial Waterbird Nesting Areas.

(j) Swimming. No person shall swim in the waters located on designated wildlife conservation areas, except that a person may swim in waters adjacent to coastal island wildlife conservation areas.

(k) Motorboats. No person shall operate any vessel powered by an internal combustion engine on the waters located on designated wildlife conservation areas.

(l) Non-Highway Licensed Vehicles. It is unlawful to operate motorized land vehicles not licensed for highway use on Wildlife Conservation Areas. Persons who have obtained a permit issued pursuant to G.S. 113-297 are exempt from this Rule but shall comply with permit conditions.

(m) It is unlawful to possess or consume any type of alcoholic beverage on public use areas of the Nona Pitt Hinson Cohen Wildlife Conservation Area.

(n) It is unlawful to release animals or birds; domesticated animals, except hunting dogs and raptors where otherwise permitted for hunting or training purposes; and feral animals on conservation areas without prior written authorization of the Wildlife Resources Commission.
History Note: Authority G.S. 113-134; 113-264; 113-270.3; 113-291.2; 113-291.5; 113-305; 113-306; 113-296; 113-297;

Eff. February 1, 1990;

Amended Eff. August 1, 2010; May 1, 2007; May 1, 2006; June 1, 2005.
* * * * * * * * * * * * * * * * * * * *
15A NCAC 12A .0105 DEFINITIONS

The definitions in G.S. 113-44.9 apply to this Chapter.  The following words and phrases, which are not defined therein, are defined as follows:

(1) "Division" means the Division of Parks and Recreation;

(2) "Owner" means any person owning, leasing, or having the exclusive use of any property;

(3) "Permits" means any written document issued by or under authority of the Department, permitting the performance of a specified act or acts;

(4) "Person" means any natural person, corporation partnership, association, or governmental unit; and

(5) "Long term operating agreement" means any current or future agreement between the Division and a private or government entity for one year or longer where that entity agrees to operate and manage a facility or property.

Within State Trails and State Rivers that travel lands of diverse ownership, the rules in this Chapter apply only to segments within and on property managed by the Division.


History Note: Authority G.S. 113 8; 113 35;

Eff. January 1, 1983;

Amended Eff. May 1, 2010; August 1, 1988; October 1, 1984.
15A NCAC 12B .0104 PERMITS

(a) Applications for permits may be made by contacting individual Park and Recreation Area offices or Chief of Operations, North Carolina Division of Parks and Recreation, 1615 Mail Service Center, Raleigh NC 27699-1615. Violation of the terms and conditions of a permit issued in accordance with this Section is prohibited and shall result in revocation of the permit by the Park Superintendent or his or her designee.

(b) Activities or uses which are eligible for a Special Use Permit are as follows; metal detector use; rock or cliff climbing; rappelling and bouldering; licensed vehicle operations on the unpaved areas of Fort Fisher State Recreation Area; overnight parking; athletic contests; horse and bridle trails; use of the Bullhead – Special Catch and Release Stream at Stone Mountain State Park; camping; aviation and other activities or uses requested by park visitors. Special Use Permits may be obtained at the park level from the Park Superintendent or his or her designee on the day of the activity.

(c) The Park Superintendent or his or her designee shall issue a Special Use Permit on proper application unless:

(1) A prior application for a permit for the same activity or use has been made and had been or will be granted; and the activities or uses authorized by that permit do not reasonably allow multiple occupancy or use of that particular location;

(2) It reasonably appears that the activity or use will threaten the health, safety and welfare of persons using the Park;

(3) The activity or use is of such a nature or duration that it cannot be reasonably conducted or performed in the particular location applied for, considering such things as safety of the applicant or other Park visitors; damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors;

(4) The activity or use would constitute a violation of applicable law or regulation; or

(5) The activity would create conditions that are not reasonably consistent with the protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, number and types of equipment used in the activity.

(d) Activities or uses which are eligible for a Special Activity Permit are as follows; natural or cultural research activity; boating access area use; sports or games; pack animals and goats; commercial enterprises; commercial photography; advertising; entry to restricted areas and other activities or uses requested by park visitors. Notwithstanding the requirements of this Rule, public assemblies and meetings are governed by 15A NCAC 12B .1105, and uses of intoxicating liquors and controlled substances or beverages are governed by 15A NCAC 12B .1003.

(e) An application for a Special Activity Permit shall be made at least 14 days in advance of the activity or use; shall set for the name, address and phone number of the applicant; the name of the organization (if any); the name, address and phone number of a contact person; the date, time, duration, nature and location of the proposed activity or use; the estimated number of persons expected to participate; and the equipment and facilities to be used. Special Activity Permit applications will be approved or denied within 10 business days.

(f) The Park Superintendent or his or her designee shall issue a Special Activity Permit on application unless:

(1) A prior application for a permit for the same activity or use has been made and had been or will be granted; and the activities or uses authorized by that permit do not reasonably allow multiple occupancy of that particular location;

(2) It reasonably appears that the activity or use will threaten the health, safety and welfare of persons using the Park;

(3) The activity or use is of such a nature or duration that it cannot be reasonably conducted or performed in the particular location applied for, considering such things as safety of the applicant or other Park visitors; damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors; or

(4) The activity or use would constitute a violation of applicable law or regulation.

(g) The permit may contain such conditions as are reasonably consistent with protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, number and types of equipment used.

(h) If a permit is denied, the applicant shall be so informed in writing, with the reason(s) for the denial set forth.

(i) Participants in activities or uses covered under this Rule shall otherwise be subject to Park rules or directives, including adherence to locations specified for their activity or use while partaking in such event or activity.
History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983.
15A NCAC 12B .0203 METAL DETECTORS

PROHIBITED

Metal detectors are not allowed in any park area except to locate lost personal property when authorized by a Special Use Permit as provided by Rule .0104 of this Subchapter.


History Note: Authority G. S. 113-35;

Eff. January 1, 1983;

Amended Eff. May 1, 2010.
15A NCAC 12B .0204 ROCK OR CLIFF CLIMBING

AND RAPPELLING

(a) Rock climbing, bouldering, cliff climbing or rappelling is prohibited except in designated areas. A climbing, rappelling and bouldering permit is required. Application for a climbing, rappelling and bouldering permit shall be made as provided by Rule .0104 of this Subchapter.

(b) The installation of permanent or fixed rock climbing anchors, such as pitons and expansion bolts, is prohibited in any climbing area unless the Park Superintendent has determined the installation may be made safely and without affecting park resources or facilities.

(c) The superintendent may designate a daily capacity limit for specific climbing routes and areas based on natural resource protection and public safety.

(d) Organized private, commercial or non-profit groups shall obtain a special activity permit prior to the activity. Application for a special activity permit shall be made as provided by Rule .0104 and .1101 of this Subchapter.

(e) Violation of the terms and conditions of a permit issued in accordance with this Section is prohibited and shall result in the revocation of the climbing, rappelling and bouldering permit.


History Note: Authority G.S. 113-35;

Eff. January 1, 1983;

Amended Eff. May 1, 2010; October 1, 1984.
15a ncac 12b .0501 VEHICLES: WHERE

PROHIBITED

(a) A person shall not drive a vehicle including bicycles, wheeled or tracked powered devices, all terrain vehicles, motorcycles, mopeds or similar conveyances in any park within or upon a safety zone, walk, bridle trail, hiking trail, fire trail, service road or any part of any park area not designated or customarily used for such purpose. Operation of unlicensed for highway-use motor vehicles, motorcycles, golf carts, snow mobiles, utility vehicles, mini-bikes, all terrain vehicles, powered go-carts and powered stand-upon scooters is prohibited within any park.

(b) A mobility-impaired person using a manual or motorized wheelchair is considered a pedestrian. This Rule is not intended to restrict the activities of such a person beyond the degree that the activities of a pedestrian are restricted by the same Rule, except where use of such wheelchairs constitutes a safety hazard or would damage fragile natural resources.

(c) No person shall drive a vehicle, bicycle or other conveyance on areas with fragile natural resources that would be damaged by the vehicle, bicycle or other conveyance, or where the use of the vehicle, bicycle or other conveyance would be unsafe.

(d) Not withstanding Paragraph (a) of this Rule, operation of licensed vehicles on the unpaved areas of the Fort Fisher Recreation Area is prohibited unless the operator has obtained a vehicle beach use permit as provided by Rule .0104 of this Subchapter.

(e) Not withstanding Paragraph (a) of this Rule, operation of motor vehicles upon the unpaved areas of Chestnut Mountain Road within Gorges State Park is prohibited unless the vehicle has four-wheel drive or all wheel drive capability.


History Note: Authority G. S. 113-35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 1, 2004; January 1, 1983.
15A NCAC 12B .0502 PARKING

(a) An owner or driver shall not allow a vehicle to remain stationary anywhere in any park outside of designated parking spaces, in a "No Parking Zone", in front of a park gate, driveway or emergency vehicle access except for a reasonable time to receive or discharge passengers or load or unload supplies.

(b) An owner or driver shall not allow a vehicle to remain anywhere in any park unattended or abandoned for longer than 12 hours except by permit, as provided by Rule .0104 of this Subchapter.

(c) An owner or driver shall not leave a vehicle parked unattended or abandoned overnight except by permit, as provided by Rule .0104 of this Subchapter.

(d) The Division may remove or tow any vehicle that is in violation of this Rule at the owner's expense.
History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983
15A NCAC 12B .0601 BOATING

(a) Only park employees, their agents, and contractors on duty may use boats, rafts, surf boards, personal watercraft, canoes or any other vessel in designated swimming areas.

(b) The Division may limit boat motor horsepower or motor type or prohibit the use of gasoline powered motors on designated lakes completely contained within parks and recreation areas based on natural resource protection, public safety, user conflicts, park operations, facility overcrowding and the availability of designated launching facilities.

(c) Private boats, rafts, canoes, personal watercraft or other vessels may be launched or retrieved only at public boat ramps or designated launch sites.

(d) The mooring of boats, personal watercraft or other vessels to a dock, wharf, pier, or boat launching facility in such a manner as to prevent, impede or inconvenience the use by another person of any dock, wharf, pier or launch or create a hazard to other watercraft is prohibited and may be moved by park staff at the owners expense.

(e) Except where facilities are provided, it is unlawful to use any boating access area for purposes other than the launching of boats and parking vehicles and boat trailers. All other uses including swimming, skiing, camping, building fires, loitering, operating concessions or other activities not directly involved with launching of boats are prohibited, except where authorized by a special activity permit as provided by Rule .0104 of this Subchapter.



History Note: Authority G.S. 113-35; 113-264;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October1, 1984; January 1, 1983.
15A NCAC 12B .0602 CAMPING

(a) A person shall not camp in a state park or recreation area except:

(1) in a designated camping area; and

(2) under a valid camping permit.

(b) All camping permits shall be issued at the desired state park or recreation area by an authorized Division representative no earlier than the first day of the desired period of continuous and actual occupancy.

(c) Reservations for camping permits shall only be accepted in accordance with the provisions of 15A NCAC 12B .1205, Reservations.

(d) Payment of the camping permit fee, in full, is required at the time the camping permit is issued or when the reservation is made.

(e) The maximum period of consecutive overnight camping in any state park or recreation area is 14 days within any 30 day period beginning with the first night of stay. Multiple camping areas within an individual park or recreation area are considered as a single camping facility for determining the maximum period of overnight camping within any 30 day period. The maximum consecutive nights shall be extended by the Park Superintendent, upon written request with reasons supporting the extension, if the Park Superintendent determines equitable public access, visitor services and staffing levels will not be affected.

(f) No camper shall leave a set-up camp unattended for more than 12 hours. Camping equipment, tents, trailers, recreation vehicles and articles on a campsite left unattended for more than 12 hours are subject to removal at the owner's expense and use of the campsite.

(g) At least one adult, 18 or older, shall accompany each camper group.

(h) No campfires shall be left unattended.

(i) Tents shall only be used in areas delineated for such use.

(j) Connecting to a utility system without payment of required fees is prohibited.

(k) A Division representative may designate portions of a park where food products, garbage, cosmetics, cleaning supplies and equipment used to cook or store food products are required to be kept in a Division supplied food locker, a vehicle, recreational vehicle or suspended at least 10 feet above the ground and four feet horizontally from a post, tree trunk, or other object. Food, garbage and cooking equipment shall not be stored except as specified in these designated areas. This Paragraph does not apply to food products, garbage and cooking equipment being transported, consumed or being prepared for consumption.

(l) Designated camping areas shall be for use by registered campers with a camping permit for that site and their guests only.

(m) Violation of the terms and conditions of a camping permit issued in accordance with this section is prohibited and shall result in the suspension or revocation of the permit.

(n) Group and family campsite checkout time is 3:00 PM on the day of departure.
History Note: Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 15, 1981.
15A NCAC 12B .0701 SPORTS AND GAMES: WHEN

PERMITTED

(a) Athletic contests, sports and games are allowed in designated areas or by special activity permit, as provided by Rule .0104 of this Subchapter.

(b) The use of skate boards, roller blades, roller skates and similar devices are prohibited on park roads, sidewalks, and pedestrian areas and on park infrastructure to include walls, railings and culverts.
History Note: Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; February 1, 1983.
15A NCAC 12B .0802 FISHING

(a) A person may fish only in designated areas.

(b) A park fee and a special use permit as provided by Rule .0104 of this Subchapter, are required to fish in the "Bullhead – Special Catch and Release Stream" at Stone Mountain State Park.

(c) Live specimens to be used for fishing bait shall not be collected within any state park.


History Note: Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983.
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