reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6 - Mountain Island Lake Marine Commission. › § 77-76 - Filing and publication of joint ordinances.

§ 77-76. Filing and publication of joint ordinances.
(a) A copy of the joint resolution creating the Commission and of any joint resolution amending or repealing the joint resolution creating the Commission shall be filed with the Executive Director of the Wildlife Commission. When the Executive Director receives resolutions that are in substance identical from all three counties concerned, the Executive Director shall within 10 days so certify and distribute a certified single resolution text to the following:
(1) The Secretary of State;
(2) The clerk to the governing board of each of the three counties;
(3) The clerks of Superior Court of Lincoln, Mecklenburg, and Gaston Counties. Upon request, the Executive Director also shall send a certified single copy of any and all applicable joint resolutions to the chairman of the Commission; and
(4) A newspaper of general circulation in the three counties.
(b) Unless a joint resolution specifies a later date, it shall take effect when the Executive Director's certified text has been submitted to the Secretary of State for filing. Certifications of the Executive Director under the seal of the Commission as to the text or amended text of any joint resolution and of the date or dates of submission to the Secretary of State shall be admissible in evidence in any court. Certifications by any clerk of superior court of the text of any certified resolution filed with him by the Executive Director is admissible in evidence and the Executive Director's submission of the resolution for filing to the clerk shall constitute prima facie evidence that that resolution was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any resolution by the Executive Director to any person other than the Secretary of State. (1997-257, s. 7.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6 - Mountain Island Lake Marine Commission. › § 77-78 - Enforcement.

§ 77-78. Enforcement.
(a) Where a joint resolution so provides, all law enforcement officers, or those officers as may be designated in the joint resolution, with territorial jurisdiction as to any part of Mountain Island Lake or its shoreline area shall, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Mountain Island Lake and its shoreline area.
(b) Where a joint resolution provides it, the Commission may hire special officers to patrol and enforce the laws on Mountain Island Lake and its shoreline area. These special officers have and exercise all the powers of peace officers generally within the area in question and shall take the oaths and be subject to all provisions of law relating to law enforcement officers.
(c) Unless a joint resolution provides otherwise, all courts in the three counties within the limits of their subject matter jurisdiction shall have concurrent jurisdiction as to all criminal offenses arising within the boundaries of Mountain Island Lake and its shoreline area.
(d) Where a law enforcement officer with jurisdiction over any part of Mountain Island Lake or its shoreline area is performing duties relating to the enforcement of the laws on Mountain Island Lake or in its shoreline area, the officer has the extraterritorial jurisdiction necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of that area to another although across territory not within the boundaries of Mountain Island Lake and its shoreline area; conducting prisoners in custody to court or detention facilities as authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that such process may not be executed by virtue of this provision beyond the boundaries of the three counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(e) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this shall be deemed an extension of the duties of the office held, and no officer shall take any additional oath or title of office. (1997-257, s. 9.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-80 - Definitions.

§ 77-80. Definitions.
For purposes of this Article:
(1) "Board" means the Board of Commissioners of the Town of Lake Lure.
(2) "Commission" means the Lake Lure Marine Commission or its governing board, as the case may be.
(3) "Commissioner" means a member of the governing board of the Lake Lure Marine Commission.
(4) Lake Lure Reservoir, known for purposes of this Article as "Lake Lure" or "the waters of Lake Lure", means the body of water along the Broad River in Rutherford County, impounded by the dam at Tumbling Shoals, and lying below the 995-foot contour line above sea level.
(5) "Shoreline area" means the area submerged by the dam at Tumbling Shoals, lying below 955 feet above mean sea level of the normal full pond elevation of 992 feet above mean sea level, on Lake Lure.
(6) "Wildlife Commission" means the North Carolina Wildlife Resources Commission. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-81 - Creation of Commission authorized.

§ 77-81. Creation of Commission authorized.
The Board of Commissioners of the Town of Lake Lure may by ordinance create the Lake Lure Marine Commission. The Board shall hold a public hearing on the ordinance to create the Commission. The location of the public hearing shall be determined by the Boards and established by resolution. The Board shall cause notice of the hearing to be published once a week for two successive calendar weeks in a newspaper of general circulation in Rutherford County. The notice shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. Upon its creation the Commission shall enjoy the powers and have the duties and responsibilities conferred upon it by the Lake Lure municipal ordinance, subject to the provisions of this Article and the laws of the State of North Carolina. The provisions of any ordinance may be modified, amended, or rescinded by a subsequent ordinance. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-82 - Governing board.

§ 77-82. Governing board.
Upon its creation, the Commission shall have a governing board. The governing board shall, unless otherwise stated by ordinance, be the Board of Commissioners of the Town of Lake Lure. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-83 - Compensation; budgetary and accounting procedures.

§ 77-83. Compensation; budgetary and accounting procedures.
The municipal ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the Commission, and reimbursement of expenses incurred by commissioners, consultants, and employees. The Commission shall be governed by these budgetary and accounting procedures as may be specified by the municipal ordinance and the applicable laws of North Carolina. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-84 - Organization and meetings.

§ 77-84. Organization and meetings.
Upon creation of the Commission, its governing board shall meet at a time and place set by the Town of Lake Lure ordinance. Unless otherwise stated in the ordinance, the mayor of the Town of Lake Lure shall act as the presiding officer. The governing board shall adopt such rules and regulations as it may consider necessary, not inconsistent with the provisions of this Article or of any ordinance of the Town of Lake Lure or the laws of the State of North Carolina, for the proper discharge of its duties and for the governance of the Commission. In order to conduct business, a quorum must be present. The presiding officer may appoint those committees as may be authorized by such rules and regulations. The Commission shall meet regularly at those times and places as may be specified in its rules and regulations or in the Town of Lake Lure municipal ordinance. Special meetings may be called as specified in the rules and regulations. The provisions of the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes, apply. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-86 - Filing and publication of applicable municipal ordinances.

§ 77-86. Filing and publication of applicable municipal ordinances.
(a) A copy of the initial municipal ordinance creating the Commission and of any ordinance amending or repealing the resolution creating the Commission shall be filed with:
(1) The Executive Director of the Wildlife Commission.
(2) The Secretary of State.
(3) The clerk to the Town of Lake Lure.
(4) The clerk of superior court of Rutherford County. Upon request, the Executive Director shall also send a certified single copy of any and all applicable ordinances to the chairman of the Commission.
(5) A newspaper of general circulation in Rutherford County.
(b) Unless the municipal ordinance specifies a later date, it shall take effect when the text has been submitted to the Secretary of State for filing. Certifications of the Board under the seal of the Commission as to the text or amended text of any municipal ordinance and of the date or dates of submission to the Secretary of State shall be admissible in evidence in any court. Certifications by the clerk of superior court of Rutherford County of the text of any certified ordinance filed with the clerk by the Board is admissible in evidence and the Board's submission of the resolution for filing to the clerk shall constitute prima facie evidence that such resolution was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any ordinance by the Board to any person other than the Secretary of State. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 6A - Lake Lure Marine Commission. › § 77-88 - Enforcement.

§ 77-88. Enforcement.
(a) Where a municipal ordinance so provides, all law enforcement officers, or those officers as may be designated in the municipal ordinance, with territorial jurisdiction as to any part of the waters of Lake Lure or its shoreline area within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of the waters of Lake Lure and its shoreline area. A certificate of training issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission will suffice for certification for the purposes of this Article.
(b) Where a law enforcement officer with jurisdiction over any part of the waters of Lake Lure or its shoreline area is performing duties relating to the enforcement of the laws on the waters of Lake Lure or in its shoreline area, the officer shall have such extraterritorial jurisdiction as may be necessary to perform the officer's duties. These duties include investigations of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of the waters of Lake Lure and its shoreline area; conducting prisoners in custody to a court or to detention facilities as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of Rutherford County. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(c) Reserved for future codification purposes.
(d) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this shall be considered an extension of the duties of the office held, and no officer shall take any additional oath or title of office. (2003-332, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-90 - Definitions.

§ 77-90. Definitions.
The following definitions apply in this Article:
(1) "Commission" means the Roanoke River Basin Bi-State Commission.
(2) "Roanoke River Basin" or "Basin" means that land area designated as the Roanoke River Basin by the North Carolina Department of Environmental Quality pursuant to G.S. 143-215.8B and the Virginia State Water Control Board pursuant to Code of Virginia § 62.1-44.38. (2002-177, s. 1; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-91 - Commission established; purposes.

§ 77-91. Commission established; purposes.
There is established the Roanoke River Basin Bi-State Commission. The Commission shall be composed of members from the State of North Carolina and the Commonwealth of Virginia. The purposes of the Commission shall be to:
(1) Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the Basin.
(2) Provide a forum for discussion of issues affecting the Basin's water quantity and water quality and issues affecting other natural resources.
(3) Promote communication, coordination, and education among stakeholders within the Basin.
(4) Identify problems and recommend appropriate solutions.
(5) Undertake studies and prepare, publish, and disseminate information through reports, and in other forms, related to water quantity, water quality, and other natural resources of the Basin. (2002-177, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-92 - Membership; terms of office; eligibility for appointment.

§ 77-92. Membership; terms of office; eligibility for appointment.
(a) The Roanoke River Basin Bi-State Commission shall consist of 18 members with each state appointing nine members. The North Carolina delegation to the Commission shall consist of the six members of the General Assembly of North Carolina appointed to the North Carolina Roanoke River Basin Advisory Committee and three nonlegislative members who represent different geographical areas of the North Carolina portion of the Basin and who reside within the Basin's watershed, to be appointed by the Governor of North Carolina. The Virginia delegation to the Commission shall be appointed as determined by the Commonwealth of Virginia.
(b) Members of the North Carolina House of Representatives, the North Carolina Senate, the Virginia House of Delegates, the Virginia Senate, and federal legislators, who have not been appointed to the Commission and whose districts include any portion of the Basin, may serve as nonvoting ex officio members of the Commission.
(c) Except as provided in this subsection, members of the North Carolina delegation to the Commission shall serve at the pleasure of the Governor of North Carolina. The Governor of North Carolina may not remove a legislative member of the North Carolina delegation to the Commission during the legislator's term of office, except that the Governor may remove any member of the North Carolina delegation to the Commission for misfeasance, malfeasance, or nonfeasance as provided in G.S. 143B-13. A legislative member of the North Carolina delegation to the Commission who ceases to be a member of the General Assembly of North Carolina shall cease to be a member of the Commission. The terms of members of the Virginia delegation to the Commission shall be determined by the Commonwealth of Virginia.
(d) Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state and may report their findings independently of the Commission. (2002-177, s. 1; 2005-37, ss. 2, 3; 2012-200, s. 28(a).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-93 - Powers and duties.

§ 77-93. Powers and duties.
(a) The Commission shall have no regulatory authority.
(b) To perform its duties and objectives, the Commission shall have the following powers:
(1) To develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, including, but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings, and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members.
(2) To establish standing and ad hoc advisory committees pursuant to G.S. 77-94 and the Virginia Roanoke River Basin Advisory Committee established pursuant to Chapter 5.4 of Title 62.1 of the Code of Virginia, which shall be constituted in a manner to ensure a balance between recognized interests. The Commission shall determine the purpose of each advisory committee.
(3) To seek, apply for, accept, and expend gifts, grants and donations, services, and other aid from public or private sources. With the exception of funds provided by the planning district commissions, councils of governments, and commissions and funds appropriated by the General Assemblies of Virginia and North Carolina, the Commission may accept funds only after an affirmative vote by a majority of the members of the Commission or by following any other procedures that are established by the Commission for the conduct of its business.
(4) To establish a nonprofit corporation to assist in the details of administering its affairs and in raising funds.
(5) To enter into contracts and execute all instruments necessary or appropriate.
(6) To perform any lawful acts necessary or appropriate for the furtherance of its work. (2002-177, s. 1; 2012-200, s. 28(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-94 - Standing and ad hoc committees.

§ 77-94. Standing and ad hoc committees.
To facilitate communication among stakeholders in the Basin, and to maximize participation by all interested parties, the Commission shall establish both standing and ad hoc committees. The Commission shall appoint the members of the standing and ad hoc committees in accordance with guidelines adopted by the Commission. The standing committees shall include all of the following:
(1) Permit holders. – The Commission shall identify those entities that hold permits issued by a federal, state, or local regulatory agency pertaining to the water of the Basin. The entities may recommend representatives to be appointed to the committees by the Commission.
(2) Roanoke River Basin interest groups. – The Commission shall identify interest groups that may recommend representatives to be appointed to the committees by the Commission.
(3) Public officials and governmental entities. – The committees shall be composed of representatives of each county, city, and town located completely or partially within the Basin. Also, other governmental entities that the Commission deems appropriate may recommend one member to be appointed to the committees by the Commission. The committees may also include the United States Senators from North Carolina and Virginia or their designees, and any member of the United States House of Representatives or the Representative's designee, whose district includes any portion of the Basin, if the members elect to serve on the committees.
(4) Agriculture, forestry, and soil and water conservation districts. – The Commission shall identify persons who represent agricultural and forestry interests throughout the Basin and representatives from the soil and water conservation districts within the Basin and shall appoint representatives from these groups to the committees. (2002-177, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-95 - Staffing and support.

§ 77-95. Staffing and support.
(a) The North Carolina Department of Environmental Quality and the Virginia Department of Environmental Quality shall provide staff support to the Commission. Additional staff may be hired or contracted by the Commission through funds raised by or provided to it. The duties and compensation of any additional staff shall be determined and fixed by the Commission, within available resources.
(b) All agencies of the State of North Carolina and the Commonwealth of Virginia shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental Quality and the Virginia Secretary of Natural Resources or their designees shall each serve as the liaison between their respective state agencies and the Commission. (2002-177, s. 1; 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-96 - Funding.

§ 77-96. Funding.
(a) The Commission shall annually adopt a budget that shall include the Commission's estimated expenses. Funding for the Commission shall be shared and apportioned between the State of North Carolina and the Commonwealth of Virginia. The appropriation of public funds to the Commission shall be provided through each state's regular process for appropriating public funds. The North Carolina councils of governments and commissions named in G.S. 77-103(b)(5) shall bear a proportion of North Carolina's share of the expenses, which may be in the form of in-kind contributions.
(b) The Commission shall designate a fiscal agent.
(c) The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in the form that the North Carolina Auditor and the Virginia Auditor of Public Accounts prescribe, provided that the accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the North Carolina Auditor and the Virginia Auditor of Public Accounts or their legal representatives, and the costs of the audit services shall be borne by the Commission. The results of the audits shall be delivered as part of the annual report required in G.S. 77-98 by October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division of the General Assembly of North Carolina, and as provided by the Commonwealth of Virginia. (2002-177, s. 1; 2017-57, s. 14.1(b); 2020-74, s. 14(a).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-97 - Compensation and expenses of Commission members.

§ 77-97. Compensation and expenses of Commission members.
(a) The appointed members of the North Carolina delegation to the Commission shall receive per diem, subsistence, and travel expenses as follows:
(1) Commission members who are members of the General Assembly at the rate established in G.S. 120-3.1.
(2) Commission members who are officials or employees of the State or of local government agencies at the rate established in G.S. 138-6.
(3) All other Commission members at the rate established in G.S. 138-5.
(b) The members of the Virginia delegation to the Commission shall receive compensation as provided by the Commonwealth of Virginia.
(c) All expenses shall be paid from funds appropriated or otherwise available to the Commission. (2002-177, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-98 - Annual report.

§ 77-98. Annual report.
The Commission shall submit an annual report, including the annual audit required by G.S. 77-96 and any recommendations, on or before 1 October of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division of the General Assembly of North Carolina, and as provided by the Commonwealth of Virginia. (2002-177, s. 1; 2007-495, s. 22; 2020-74, s. 14(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 7 - Roanoke River Basin Bi-State Commission. › § 77-99 - Termination.

§ 77-99. Termination.
The General Assembly of North Carolina may terminate the Commission by repealing this Part. The Commission shall terminate if the General Assembly of Virginia repeals the provisions of the Code of Virginia that are comparable to this Part. (2002-177, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-110 - Definitions.

§ 77-110. Definitions.
The following definitions apply in this Article:
(1) "Commission" or "commissions" means (i) the Catawba/Wateree River Basin Advisory Commission, (ii) the Yadkin/Pee Dee River Basin Advisory Commission, or (iii) both commissions, as required by the context.
(2) "River basin" or "river basins" means (i) that land area designated as the Catawba River Basin pursuant to G.S. 143-215.22G and that land area designated as the Catawba/Wateree River Basin by the South Carolina Department of Health and Environmental Control, (ii) that land area designated as the Yadkin (Yadkin-Pee Dee) River Basin pursuant to G.S. 143-215.22G and that land area designated as the Yadkin/Pee Dee River Basin by the South Carolina Department of Health and Environmental Control, or (iii) both river basins, as required by the context. (2004-83, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-111 - Commissions established; purposes.

§ 77-111. Commissions established; purposes.
There is established the Catawba/Wateree River Basin Advisory Commission and the Yadkin/Pee Dee River Basin Advisory Commission. The commissions shall be constituted as described in this Article and there shall be a separate commission for each river basin. The commissions shall be permanent bodies composed of members from the State of North Carolina and the State of South Carolina. The purpose of each commission shall be to:
(1) Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it considers necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the river basins.
(2) Provide a forum for discussion of issues affecting the river basin's water quantity and water quality, and issues affecting other natural resources.
(3) Promote communication, coordination, and education among stakeholders within the river basins.
(4) Identify problems and recommend appropriate solutions.
(5) Undertake studies related to water quantity, water quality, and other natural resources in the river basin based on existing data available from agencies located in either state.
(6) Determine the optimum approach to comprehensively and collaboratively provide recommendations for integrated river management including, but not limited to, the total assimilative capacity of the river basin. (2004-83, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-112 - Powers and duties.

§ 77-112. Powers and duties.
(a) The authority granted to each commission shall be advisory in nature and in no way shall either commission be construed to have any regulatory authority.
(b) Neither commission shall have any authority to obligate or otherwise bind the State of North Carolina, the State of South Carolina, or any agency or subdivision of either state.
(c) To achieve its purposes, each commission shall have all of the following powers and duties:
(1) To develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this item shall be effective upon an affirmative vote by a majority of the commission members.
(2) To establish standing and ad hoc committees, which shall be constituted in a manner to ensure a balance between recognized interests and states. The commissions shall determine the purpose of each standing or ad hoc committee.
(3) To seek, apply for, accept, and expend gifts, grants, donations, services, and other aid from public or private sources. The commissions may accept or expend funds only after an affirmative vote by a majority of the members of the commissions.
(4) To exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same.
(5) To enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the commissions.
(6) To designate a fiscal agent.
(7) To perform any lawful acts necessary or appropriate to achieve the purposes of the commissions. (2004-83, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-114 - Staffing; meeting facilities; assistance by agencies.

§ 77-114. Staffing; meeting facilities; assistance by agencies.
(a) The North Carolina Department of Environmental Quality and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies. Additional staff may be hired or contracted by each commission through funds raised by or provided to it. The duties and compensation of any additional staff shall be determined and fixed by each commission, within available resources.
(b) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental Quality and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.
(c) The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the State of North Carolina and the State of South Carolina while in discharge of their duties. (2004-83, s. 1; 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-115 - Funding.

§ 77-115. Funding.
(a) Each commission shall annually adopt a budget that shall include the estimated income and expenses of each commission. Funding for the commissions shall be shared and apportioned between the State of North Carolina and the State of South Carolina as each state may provide through its regular appropriations process.
(b) The accounts and records of each commission showing the receipt and disbursement of funds from whatever source derived shall be in the form that the Auditor of North Carolina and the State Auditor of South Carolina prescribe. The accounts and records of each commission shall be subject to an annual audit by the Auditor of North Carolina and the State Auditor of South Carolina or their legal representatives. The cost of the annual audits shall be borne by each commission. The results of the audits shall be delivered as part of the annual report required by G.S. 77-117 by October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division of the General Assembly of North Carolina, and as provided by the State of South Carolina. (2004-83, s. 1; 2017-57, s. 14.1(c); 2020-74, s. 14(c).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-116 - Compensation and expenses of members of the commissions.

§ 77-116. Compensation and expenses of members of the commissions.
(a) Members of the commissions who are appointed from or reside in North Carolina shall receive no salary for their service on the commissions but may be paid, within available resources, per diem, subsistence, and travel expenses as follows:
(1) Members of the commissions who are members of the General Assembly at the rate established in G.S. 120-3.1.
(2) Members of the commissions who are officials or employees of the State or of local government agencies at the rate established in G.S. 138-6.
(3) All other members of the commissions at the rate established in G.S. 138-5.
(b) Members of the commissions who are appointed from or reside in South Carolina shall be compensated as provided by the General Assembly of South Carolina.
(c) All expenses shall be paid from funds appropriated or otherwise available to the commissions. (2004-83, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-117 - Annual report.

§ 77-117. Annual report.
The commissions shall submit annual reports, including the annual audit required by G.S. 77-115 and any recommendations, on or before October 1 of each year to Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division of the General Assembly of North Carolina, and as provided by the State of South Carolina. (2004-83, s. 1; 2020-74, s. 14(d).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 8 - River Basins Advisory Commissions. › § 77-118 - Termination.

§ 77-118. Termination.
The General Assembly of North Carolina may terminate the commissions by repealing this Article. The commissions shall terminate if the General Assembly of South Carolina repeals the provisions of the South Carolina Code of Laws that are comparable to this Article. (2004-83, s. 1.)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-125 - Definitions.

§ 77-125. Definitions.
The following definitions apply in this Article:
(1) Department. – Department of Environmental Quality.
(2) Large vessel marina. – A marina that has docking facilities and has more than 10 wet slips for vessels of 26 feet or more that have marine sanitation devices. The term includes privately and publicly owned marinas and anchorages.
(3) Marine sanitation device. – As defined in 33 U.S.C. § 1322. The term does not include "portable toilets" as defined in this act.
(4) Portable toilet. – A self-contained mobile toilet facility and holding tank for sewage.
(5) Pumpout facility. – The term includes stations affixed permanently to a dock, mobile stations mounted to a golf cart or hand truck, direct slipside connections, pumpout vessels, and tanker trucks.
(6) Sewage. – Treated or untreated human waste. As used in this act, the term includes effluent produced or held by any type of marine sanitation device.
(7) Vessel. – As defined in G.S. 75A-2. (2009-345, s. 1; 2010-180, s. 21(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-126 - Marina pumpout facilities and services required in certain areas; marinas and local government may apply for grant funds.

§ 77-126. Marina pumpout facilities and services required in certain areas; marinas and local government may apply for grant funds.
(a) The owner or operator, as appropriate, of any large vessel marina that is located on coastal waters designated as a no discharge zone by the Environmental Protection Agency or that is located in a county or municipality that has adopted a resolution to petition the Environmental Protection Agency for a no discharge zone designation shall either (i) install and maintain an operational pumpout facility at the marina that is available to customers patronizing the marina or (ii) contract with an outside service provider to provide pumpout services on a regular basis to the marina.
(b) The owner or operator, as appropriate, of a large vessel marina may apply for any private, State, or federal grant funds that are available for the purpose of assisting with the cost of installing and maintaining a pumpout facility. A county or municipality may also apply for any private, State, or federal grant funds that are available for the purpose of assisting with the cost of installing and maintaining a pumpout facility. (2009-345, s. 1; 2010-180, s. 21(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-127 - Department of Environmental Quality establish pumpout facility criteria; inspection of pumpout facilities and vessels docked or moored at a marina.

§ 77-127. Department of Environmental Quality establish pumpout facility criteria; inspection of pumpout facilities and vessels docked or moored at a marina.
(a) The Department of Environmental Quality shall establish appropriate criteria for pumpout facilities and pumpout services provided at large vessel marinas that offer docking services to the general public. The criteria shall include requirements that the facility or services be available to the public, the pumpout facility be open during normal hours, and the pumpout facility be used for its intended purpose. The criteria also shall include a requirement that these marinas maintain records regarding the pumpout facility or services. The Department also shall develop guidelines for inspections of pumpout facilities at such marinas and of vessels that are docked or moored at these marinas.
(b) The Department also shall establish appropriate criteria for pumpout facilities and pumpout services provided at privately owned large vessel marinas that do not offer docking services to the general public. The criteria shall include requirements that the facility or services be made reasonably available to members of the private marina and the pumpout facility be used for its intended purpose. The criteria also shall include a requirement that these marinas maintain records regarding the pumpout facility or services. The Department also shall develop guidelines for inspections of pumpout facilities at such marinas and of vessels that are docked or moored at these marinas. (2009-345, s. 1; 2010-180, s. 21(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-128 - Vessel owner and operator required to keep log of pumpout dates.

§ 77-128. Vessel owner and operator required to keep log of pumpout dates.
(a) Any owner or operator of a vessel that has a marine sanitation device shall maintain a record of the date of each pumpout of the marine sanitation device and the location of the pumpout facility. Each record shall be maintained for a period of one year from the date of the pumpout.
(b) A violation of this section is punishable as a Class 3 misdemeanor. No civil penalty shall be assessed under G.S. 77-130 for a violation of this section. (2009-345, s. 1; 2010-180, s. 21(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-129 - No discharge of treated or untreated sewage in coastal waters; duty of marina owner or operator to report unlawful discharge.

§ 77-129. No discharge of treated or untreated sewage in coastal waters; duty of marina owner or operator to report unlawful discharge.
(a) No person shall discharge treated or untreated sewage into coastal waters, including effluent produced or held by any type of marine sanitation device into coastal waters. The owner or operator of a vessel with a marine sanitation device shall keep the overboard waste discharge valves of the device secure by acceptable methods set forth under 33 C.F.R. § 159.7(b) so as to prevent the discharge of treated or untreated sewage, except when lawfully discharging sewage at a pumpout facility. A violation of this section is punishable as a Class 1 misdemeanor and also may be assessed a civil penalty pursuant to G.S. 77-130.
(b) If the owner or operator of a large vessel marina knows that the owner or operator of any vessel docked or moored at the marina knowingly and unlawfully discharged sewage, including effluent produced or held by a marine sanitation device, in coastal waters in violation of this section, then the marina owner or operator shall report the unlawful discharge to the appropriate law enforcement agency. A marina owner or operator who fails to report an unlawful discharge pursuant to this subsection may be assessed a civil penalty pursuant to G.S. 77-130. (2009-345, s. 1; 2010-180, s. 21(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-130 - Enforcement.

§ 77-130. Enforcement.
(a) The following officers have authority to enforce this Article and to inspect a large vessel marina or vessel subject to this Article:
(1) Wildlife protectors.
(2) Marine fisheries inspectors.
(3) Any sworn local law enforcement officer with jurisdiction to enforce the laws in the county or municipality in which the marina or vessel is located.
(4) United States Coast Guard personnel.
(b) Officers enforcing the provisions of this Article shall report violations to the Department.
(c) Unless provided otherwise by this Article, a civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the Secretary of Environmental Quality against any person who violates this Article. If any action or failure for which a penalty may be assessed under this section is continuous, the Secretary of Environmental Quality may assess a penalty not to exceed ten thousand dollars ($10,000) per day for so long as the violation continues. (2009-345, s. 1; 2010-180, s. 21(b); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-131 - Application of Article.

§ 77-131. Application of Article.
The provisions of this Article apply only to the following:
(1) A large vessel marina that is located on coastal waters designated by the Environmental Protection Agency as a no discharge zone or that is located in a county or municipality that has adopted a resolution to petition the Environmental Protection Agency for a no discharge zone designation.
(2) A vessel in coastal waters that is designated as a no discharge zone by the Environmental Protection Agency. (2009-345, s. 1; 2010-180, s. 21(a), (b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 9 - Clean Coastal Water and Vessel Act. › § 77-132 - Rule-making authority.

§ 77-132. Rule-making authority.
The Department shall adopt rules to implement this Article. (2009-345, s. 1; 2010-180, s. 21(b).)
2023 North Carolina General Statutes › Chapter 77 - Rivers, Creeks, and Coastal Waters › Article 10 - Falls Lake Watershed Association. › § 77-140 - Definitions.

§ 77-140. Definitions.
The following definitions apply in this Article:
(1) "Board of directors" has the same meaning as in G.S. 55A-1-40.
(2) "Falls Lake watershed" means those natural areas of drainage including all tributaries contributing to the supply of Falls Lake, the specific limits of which are designated by the Environmental Management Commission pursuant to G.S. 143-213.
(3) "Local government" means a county, city, town, or incorporated village that is located in whole or in part within the Falls Lake watershed. Local government also includes any water or sewer authority that is created pursuant to Article 1 of Chapter 162A of the General Statutes that provides service within the Falls Lake watershed.
(4) "Nonprofit corporation" has the same meaning as in G.S. 55A-1-40. (2010-155, s. 1.)