reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.92 - Declaration of policy and purpose.

§ 143B-135.92. 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 within, and enjoyment and appreciation of the outdoor, natural and remote areas of the State, trails should be established in natural, scenic areas of the State, and in and near urban areas.
(b) The purpose of this Part is to provide the means for attaining these objectives by instituting a State Trails System, coordinated with and complemented by existing and future local trail segments or systems, and by prescribing the methods by which, and standards according to which, components may be added to the State Trails System. (1973, c. 670, s. 1; 1993, c. 184, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.94 - Definitions.

§ 143B-135.94. Definitions.
Except as otherwise required by context, the following terms when used in this Part shall be construed respectively to mean:
(1) "Department" means the North Carolina Department of Natural and Cultural Resources.
(2) "Political subdivision" means any county, any incorporated city or town, or other political subdivision.
(3) "Scenic easement" means a perpetual easement in land which
a. Is held for the benefit of the people of North Carolina,
b. Is specifically enforceable by its holder or beneficiary, and
c. Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
(4) "Secretary" means the Secretary of Natural and Cultural Resources, except as otherwise specified in this Part.
(5) "State Trails System" means the trails system established in this Part or pursuant to the State Parks Act, Part 32 of this Article, and including all trails and trail segments, together with their rights-of-way, added by any of the procedures described in this Part or Part 32 of this Article.
(6) "Trail" means a linear corridor on land or water, protected from motor vehicles, providing public access for recreation or transportation.
(7) "Trails Committee" means the North Carolina Trails Committee established by Part 35 of this Article. (1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m); 2019-20, s. 3(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.96 - Composition of State Trails System.

§ 143B-135.96. Composition of State Trails System.
The State Trails System shall be composed of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b), and planned and coordinated by the Department. (1973, c. 670, s. 1; 1993, c. 184, s. 3; 2015-241, s. 14.30(f); 2019-20, s. 3(d).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.98 - Authority to designate trails.

§ 143B-135.98. 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 subdivision, or federal agency, or
(3) Private lands provided, fee-simple title, lesser estates, scenic easements, easements of surface ingress and egress running with the land, leases, or other written agreements are obtained from landowners through which a State trail may pass. (1973, c. 670, s. 1; 1979, c. 6, s. 1; 1991, c. 115, s. 1; 1993, c. 184, s. 4; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.102 - Trails Committee duties.

§ 143B-135.102. Trails Committee duties.
(a) The Committee shall meet in various sections of the State not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of this Part.
(b) The Committee shall coordinate trail development among local governments, and shall assist local governments in the formation of their trail plans and advise the Department quarterly of its findings.
(c) The Secretary, with advice of the Committee, shall study trail needs and potentials, and make additions to the State Trails System as needed. The Secretary shall submit an annual report by October 1 of each year to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on trail activities by the Department, including rights-of-way that have been established and on the program for implementing this Part. Each report shall include a short statement on the significance of the various trails to the System. The Secretary shall make such rules as to trail development, management, and use that are necessary for the proper implementation of this Part. (1973, c. 670, s. 1; c. 1262, s. 82; 1987, c. 827, s. 132; 2015-241, ss. 14.30(f), (m); 2017-57, s. 14.1(jj).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.104 - Location of trails.

§ 143B-135.104. Location of trails.
When a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the Department shall consult with such unit or such subdivision prior to its final determination of the location of the route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the Department, together with appropriate maps and descriptions to be conspicuously posted online and at the proposed trail location. Such publication shall be prior to the designation of the trail by the Secretary. (1973, c. 670, s. 1; 1993, c. 184, s. 5; 2015-241, s. 14.30(f); 2019-20, s. 3(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.106 - Scenic easements within right-of-way.

§ 143B-135.106. 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 Carolina, lands in fee title, or interest in land in the form of scenic easements, cooperative agreements, easements of surface ingress and egress running with the land, leases, or less than fee estates. Acquisition of land or of interest therein may be by gift, purchased with donated funds or funds appropriated by the governmental agencies for this purpose, proceeds from the sale of bonds or exchange. Any change in value of land resulting from the grant of an easement shall be taken into consideration in the assessment of the land for tax purposes. (1973, c. 670, s. 1; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.108 - Trails within parks; conflict of laws; State trails on property of others.

§ 143B-135.108. Trails within parks; conflict of laws; State trails on property of others.
Any component of the System that is or shall become a part of any State park, recreation area, wildlife management area, or similar area shall be subject to the provisions of this Part as well as any other laws under which the other areas are administered, and in the case of conflict between the provisions the more restrictive provisions shall apply. On segments of any State trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. (1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.110 - Uniform trail markers.

§ 143B-135.110. 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 trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail, provided that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be adequately marked. (1973, c. 670, s. 1; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.112 - Adopt-A-Trail Program.

§ 143B-135.112. 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 involvement shall be encouraged, and interested groups are authorized to "adopt-a-trail" for such purposes as placing trail markers, trail building, trail blazing, litter control, resource protection, and any other activities related to the policies and purposes of this Part. (1987, c. 738, s. 153(a); 2015-241, s. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.114 - Administrative policy.

§ 143B-135.114. Administrative policy.
The North Carolina Trails System shall be administered by the Department according to the policies and criteria set forth in this Part. The Department shall, in addition, have or designate the responsibility for maintaining the trails, building bridges, campsites, shelters, and related public-use facilities where required. (1973, c. 670, s. 1; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.116 - Incorporation in National Trails System.

§ 143B-135.116. Incorporation in National Trails System.
Nothing in this Part shall preclude a component of the State Trails System from becoming a part of the National Trails System, or a component of the National Trails System from becoming a part of the State Trails System. The Secretary shall coordinate the State Trails System with the National Trails System and is directed to encourage and assist any federal studies for inclusion of North Carolina trails in the National Trails System. The Department may enter into written cooperative agreements for joint federal-State administration of a North Carolina component of the National Trails System, provided such agreements for administration of land uses are not less restrictive than those set forth in this Part. (1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.118 - Trail use liability.

§ 143B-135.118. 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 for designated trail or other public trail purposes or to construct, maintain, or cause to be constructed or maintained a designated trail or other public trail owes the person the same duty of care he owes a trespasser.
(b) Any person who without compensation has constructed, maintained, or caused to be constructed or maintained a designated trail or other public trail pursuant to a written agreement with any person who is an owner, lessee, occupant, or otherwise in control of land on which a trail is located shall owe a person using the trail the same duty of care owed a trespasser. (1987, c. 498, s. 1; 1991, c. 38, s. 1; 1993, c. 184, s. 6; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.130 - North Carolina Trails Committee creation; powers and duties.

§ 143B-135.130. North Carolina Trails Committee – creation; powers and duties.
There is hereby created the North Carolina Trails Committee of the Department of Natural and Cultural Resources. The Committee shall have the following functions and duties:
(1) To meet not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of G.S. 143B-135.102.
(2) To coordinate trail development among local governments, and to assist local governments in the formation of their trail plans and advise the Department of its findings.
(3) To advise the Secretary of trail needs and potentials pursuant to G.S. 143B-135.102. (1973, c. 1262, s. 80; 1977, c. 771, s. 4; 1989, c. 727, s. 218(145); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.132 - North Carolina Trails Committee members; selection; removal; compensation.

§ 143B-135.132. North Carolina Trails Committee – members; selection; removal; compensation.
The North Carolina Trails Committee shall consist of seven members appointed by the Secretary of Natural and Cultural Resources. Two members shall be from the mountain section, two from the Piedmont section, two from the coastal plain, and one at large. They shall as much as possible represent various trail users.
Committee members shall serve staggered terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Committee created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Secretary of Natural and Cultural Resources shall designate a member of the Committee to serve as chairman at the pleasure of the Governor.
Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 and G.S. 143B-15 of the Executive Organization Act of 1973. (1973, c. 1262, s. 81; 1977, c. 771, s. 4; 1989, c. 727, s. 218(146); 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.140 - Short title.

§ 143B-135.140. Short title.
This Part shall be known and may be cited as the "Natural and Scenic Rivers Act of 1971." (1971, c. 1167, s. 2; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.142 - Declaration of policy.

§ 143B-135.142. 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 values of great present and future benefit to the people. The General Assembly further finds as policy the necessity for a rational balance between the conduct of man and the preservation of the natural beauty along the many rivers of the State. This policy includes retaining the natural and scenic conditions in some of the State's valuable rivers by maintaining them in a free-flowing state and to protect their water quality and adjacent lands by retaining these natural and scenic conditions. It is further declared that the preservation of certain rivers or segments of rivers in their natural and scenic condition constitutes a beneficial public purpose. (1971, c. 1167, s. 2; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.144 - Declaration of purpose.

§ 143B-135.144. Declaration of purpose.
The purpose of this Part is to implement the policy as set out in G.S. 143B-135.142 by instituting a North Carolina natural and scenic rivers system, and by prescribing methods for inclusion of components to the system from time to time. (1971, c. 1167, s. 2; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.146 - Definitions.

§ 143B-135.146. Definitions.
As used in this Part, unless the context requires otherwise:
(1) "Department" means the Department of Natural and Cultural Resources.
(2) "Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without substantial impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the North Carolina natural and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the system.
(3) "River" means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
(4) "Road" means public or private highway, hard-surface road, dirt road, or railroad.
(5) "Scenic easement" means a perpetual easement in land which (i) is held for the benefit of the people of North Carolina, (ii) is specifically enforceable by its holder or beneficiary, and (iii) limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of the land and activities conducted thereon. The object of such limitations and obligations is the maintenance or enhancement of the natural beauty of the land in question or of the areas affected by it.
(6) "Secretary" means the Secretary of Natural and Cultural Resources. (1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 122; 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.148 - Types of scenic rivers.

§ 143B-135.148. 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 free-flowing rivers or segments of rivers and adjacent lands existing in a natural condition. Those rivers or segments of rivers that are free of man-made impoundments and generally inaccessible except by trail, with the lands within the boundaries essentially primitive and the waters essentially unpolluted. These represent vestiges of primitive America.
Class II. Scenic river areas. Those rivers or segments of rivers that are largely free of impoundments, with the lands within the boundaries largely primitive and largely undeveloped, but accessible in places by roads.
Class III. Recreational river areas. Those rivers or segments of rivers that offer outstanding recreation and scenic values and that are largely free of impoundments. They may have some development along their shorelines and have more extensive public access than natural or scenic river segments. Recreational river segments may also link two or more natural and/or scenic river segments to provide a contiguous designated river area. No provision of this section shall interfere with flood control measures; provided that recreational river users can continue to travel the river. (1971, c. 1167, s. 2; 1989, c. 752, s. 156(a); 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.150 - Criteria for system.

§ 143B-135.150. 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) River segment length – must be no less than one mile.
(2) Boundaries – of the system shall be the visual horizon or such distance from each shoreline as may be determined to be necessary by the Secretary, but shall not be less than 20 feet.
(3) Water quality – shall not be less than that required for Class "C" waters as established by the North Carolina Environmental Management Commission.
(4) Water flow – shall be sufficient to assure a continuous flow and shall not be subjected to withdrawal or regulation to the extent of substantially altering the natural ecology of the stream.
(5) Public access – shall be limited, but may be permitted to the extent deemed proper by the Secretary, and in keeping with the property interest acquired by the Department and the purpose of this Part. (1971, c. 1167, s. 2; 1973, c. 1262, ss. 23, 86; 1989, c. 654, s. 1; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.152 - Components of system; management plan; acquisition of land and easements; inclusion in national system.

§ 143B-135.152. Components of system; management plan; acquisition of land and easements; inclusion in national system.
That segment of the south fork of the New River extending from its confluence with Dog Creek in Ashe County downstream through Ashe and Alleghany Counties to its confluence with the north fork of the New River and the main fork of the New River in Ashe and Alleghany Counties downstream to the Virginia State line shall be a scenic river area and shall be included in the North Carolina Natural and Scenic Rivers System.
The Department shall prepare and implement a management plan for this river section. This management plan shall recognize and provide for the protection of the existing undeveloped scenic and pastoral features of the river. Furthermore, it shall specifically provide for continued use of the lands adjacent to the river for normal agricultural activities, including, but not limited to, cultivation of crops, raising of cattle, growing of trees and other practices necessary to these agricultural pursuits.
For purposes of implementing this section and the management plan, the Department may acquire lands or interests in lands, provide for protection of scenic values as described in G.S. 143B-135.160, and provide for public access. Easements obtained for the purpose of implementing this section and the management plan shall not abridge the water rights being exercised on May 26, 1975.
Should the Governor seek inclusion of this river segment in the National System of Wild and Scenic Rivers by action of the Secretary of Interior, such inclusion shall be at no cost to the federal government, as prescribed in the National Wild and Scenic Rivers Act, and therefore shall be under the terms described in this section of the North Carolina Wild and Scenic Rivers Act and in the management plan developed pursuant thereto. (1973, c. 879; 1975, c. 404; 1977, c. 555; c. 771, s. 4; 1985, c. 129, s. 3; 1987, c. 827, s. 127; 1989, c. 654, s. 2; c. 765; 1999-147, s. 1; 2012-200, s. 24; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.154 - Additional components.

§ 143B-135.154. 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 the boundary between the United States Forest Service lands and lands of Duke Power Company (latitude 35° 50' 20") shall be a natural river area and shall be included in the North Carolina Natural and Scenic River System.
That segment of the Horsepasture River in Transylvania County extending downstream from Bohaynee Road (N.C. 281) to Lake Jocassee shall be a natural river and shall be included in the North Carolina Natural and Scenic Rivers System.
That segment of the Lumber River extending from county road 1412 in Scotland County downstream to the North Carolina-South Carolina state line, a distance of approximately 102 river miles, shall be included in the Natural and Scenic Rivers System and classified as follows: from county road 1412 in Scotland County downstream to the junction of the Lumber River and Back Swamp shall be classified as scenic; from the junction of the Lumber River and Back Swamp downstream to the junction of the Lumber River and Jacob Branch and the river within the Fair Bluff town limits shall be classified as recreational; and from the junction of the Lumber River and Jacob Branch downstream to the North Carolina-South Carolina state line, excepting the Fair Bluff town limits, shall be classified as natural. (1975, c. 698; 1985, c. 344, s. 1; 1989, c. 752, s. 156(b); 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.158 - Raising the status of an area.

§ 143B-135.158. 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 and recreational qualities, such segment may be reclassified with the approval of the Department, to a natural river area status and thereafter administered accordingly. (1971, c. 1167, s. 2; 1973, c. 1262, ss. 28, 86; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.160 - Land acquisition.

§ 143B-135.160. 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 out in G.S. 143B-135.150 on behalf of the State of North Carolina, lands in fee title or a lesser interest in land, preferably "scenic easements." Acquisition of land or interest therein may be by donation, purchase with donated or appropriated funds, exchange or otherwise.
(b) The Department of Administration in acquiring real property or a property interest therein as set out in this Part shall have and may exercise the power of eminent domain in accordance with Article 3 of Chapter 40A of the General Statutes. (1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, ss. 127, 129; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.162 - Claim and allowance of charitable deduction for contribution or gift of easement.

§ 143B-135.162. 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 provided in this Part, shall be deemed a contribution to the State of North Carolina within the provisions of G.S. 105-130.9 and section 170(c)(1) of the Internal Revenue Code. The value of the contribution or donation shall be the fair market value of the easement or other interest in land when the contribution or donation is made. (1971, c. 1167, s. 2; 1991, c. 45, s. 23; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.164 - Component as part of State park, wildlife refuge, etc.

§ 143B-135.164. 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 state-owned area shall be subject to the provisions of this Part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws, the more restrictive provisions shall apply. (1971, c. 1167, s. 2; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.166 - Component as part of national wild and scenic river system.

§ 143B-135.166. Component as part of national wild and scenic river system.
Nothing in this Part shall preclude a river or segment of a river from becoming part of the national wild and scenic river system. The Secretary is directed to encourage and assist any federal studies for the inclusion of North Carolina rivers in the national system. The Secretary may enter into cooperative agreements for joint federal-state administration of a North Carolina river or segment of river: Provided, that such agreements relating to water and land use are not less restrictive than the requirements of this Part. (1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.168 - Violations.

§ 143B-135.168. Violations.
(a) Civil Action. – Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy.
(b) Penalties. – Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary is guilty of a Class 3 misdemeanor and may be punished only by a fine of not more than fifty dollars ($50.00) for each violation, and each day such person shall fail to comply, where feasible, after having been officially notified by the Department shall constitute a separate offense subject to the foregoing penalty. (1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, s. 125; 1989, c. 727, s. 124; 1993, c. 539, s. 872; 1994, Ex. Sess., c. 24, s. 14(c); 2015-241, ss. 14.30(f), (m).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.170 - Authorization of advances.

§ 143B-135.170. 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 will be later effected by the Bureau of Outdoor Recreation of the United States Department of the Interior. (1971, c. 1167, s. 2; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.172 - Restrictions on project works on natural or scenic river.

§ 143B-135.172. 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 or directly affecting any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. No department or agency of the State may assist by loan, grant, license, permit, or otherwise in the construction of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. This section shall not, however, preclude licensing of or assistance to a development below or above a designated or potential component. No department or agency of the State may recommend authorization of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System, or request appropriations to begin construction of any such project, regardless of when authorized, without advising the Secretary in writing of its intention to do so at least 60 days in advance. Such department or agency making such recommendation or request shall submit a written impact statement to the General Assembly to accompany the recommendation or request specifically describing how construction of the project would be in conflict with the purposes of this act and how it would affect the component or potential component. (1985, c. 129, s. 2; 2015-241, s. 14.30(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.180 - Division of North Carolina Aquariums creation.

§ 143B-135.180. Division of North Carolina Aquariums – creation.
The Division of North Carolina Aquariums is created in the Department of Natural and Cultural Resources. (1985, c. 202, s. 3; 1995, c. 509, s. 98; 1997-286, s. 2; 1997-400, ss. 6.3(a), (b); 1997-443, s. 11A.119(b); 2015-241, ss. 14.30(g), (n).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.182 - Division of North Carolina Aquariums organization; powers and duties.

§ 143B-135.182. Division of North Carolina Aquariums – organization; powers and duties.
(a) The Division of North Carolina Aquariums shall be organized as prescribed by the Secretary of Natural and Cultural Resources and shall exercise the following powers and duties:
(1) Establish and maintain the North Carolina Aquariums.
(2) Administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:
a. Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically.
b. Review and approve requests for use of the Aquarium facilities and advise the Secretary of Natural and Cultural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums.
c. Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives.
d. Recommend to the Secretary of Natural and Cultural Resources any policies and procedures needed to assure effective staff performance and proper liaison among Aquarium facilities in carrying out the overall purposes of the Aquarium programs.
e. Review Aquarium budget submissions to the Secretary of Natural and Cultural Resources.
f. Recruit and recommend to the Secretary of Natural and Cultural Resources candidates for the positions of directors of the Aquariums.
g. Create local advisory committees in accordance with the provisions of G.S. 143B-135.186.
(3) Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Aquariums by sale, lease, donation, or trade. A sale, lease, donation, or trade under this subdivision shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Aquariums Fund.
(4) Assume any other powers and duties assigned to it by the Secretary.
(b) The Secretary may adopt any rules and procedures necessary to implement this section. (1985, c. 202, s. 3; 1991, c. 320, s. 3; 1993, c. 321, ss. 28(d), 28(e); 1997-286, s. 3; 1997-400, s. 6.3(b), (c); 1997-443, ss. 11A.119(a), 11A.123; 1999-49, s. 1; 2015-241, s. 14.30(c), (g), (n), (w); 2023-70, s. 2(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.184 - North Carolina Aquariums; purpose.

§ 143B-135.184. North Carolina Aquariums; purpose.
The purpose of establishing and maintaining the North Carolina Aquariums is to promote an awareness, understanding, and appreciation of the diverse natural and cultural resources associated with North Carolina's oceans, estuaries, rivers, streams, and other aquatic environments. (1991, c. 320, s. 4; 1993, c. 321, s. 28(d); 1997-400, s. 6.3(b); 2015-241, s. 14.30(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.186 - Local advisory committees; duties; membership.

§ 143B-135.186. Local advisory committees; duties; membership.
Local advisory committees created pursuant to G.S. 143B-135.182(a)(2) shall assist each North Carolina Aquarium in its efforts to establish projects and programs and to assure adequate citizen-consumer input into those efforts. Members of these committees shall be appointed by the Secretary of Natural and Cultural Resources for three-year terms from nominations made by the Director of the Division of North Carolina Aquariums. Each committee shall select one of its members to serve as chairperson. Members of the committees shall serve without compensation for services or expenses. (1991, c. 320, s. 4; 1993, c. 321, ss. 28(d), 28(f); 1997-286, ss. 4; 1997-400, s. 6.3(b), (d); 1997-443, ss. 11A.119(a), 11A.123; 2015-241, ss. 14.30(g), (n); 2015-268, s. 5.4(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.190 - Satellite areas prohibited absent General Assembly authorization.

§ 143B-135.190. Satellite areas prohibited absent General Assembly authorization.
Notwithstanding any other provision of law, State funds shall not be used for any of the following purposes unless specifically authorized by the General Assembly:
(1) Construction of any satellite area.
(2) Commencement of any capital project in connection with the construction or acquisition of any satellite area.
(3) Operation of any satellite area.
For purposes of this section, the term "satellite area" means any property or facility that is to be operated by the Division of North Carolina Aquariums that is located somewhere other than on the site of the aquariums at Pine Knoll Shores, Roanoke Island, and Fort Fisher. (2012-142, s. 12.5(c); 2015-241, s. 14.30(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.200 - North Carolina Parks and Recreation Authority; creation; powers and duties.

§ 143B-135.200. North Carolina Parks and Recreation Authority; creation; powers and duties.
The North Carolina Parks and Recreation Authority is created, to be administered by the Department of Natural and Cultural Resources. The North Carolina Parks and Recreation Authority shall have at least the following powers and duties:
(1) To receive public and private donations, appropriations, grants, and revenues for deposit into the Parks and Recreation Trust Fund.
(2) To allocate funds for land acquisition from the Parks and Recreation Trust Fund.
(3) To allocate funds for repairs, renovations, improvements, construction, and other capital projects from the Parks and Recreation Trust Fund.
(4) To solicit financial and material support from public and private sources.
(5) To develop effective public and private support for the programs and operations of the parks and recreation areas.
(6) To consider and to advise the Secretary of Natural and Cultural Resources on any matter the Secretary may refer to the North Carolina Parks and Recreation Authority. (1995, c. 456, s. 1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(h), (o).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.204 - Powers and duties of the Secretary.

§ 143B-135.204. Powers and duties of the Secretary.
(a) Operation of Park. – The Secretary of the Department of Natural and Cultural Resources may adopt rules governing the operation of the Zoological Park, including rules regulating its use and enjoyment by the public. The Department must provide and maintain recycling bins for the collection and recycling of newspaper, aluminum cans, glass containers, and recyclable plastic beverage containers at Zoological Park.
(b) Park Property. – The Secretary of the Department of Natural and Cultural Resources may acquire, dispose of, and develop Zoological Park property, both real and personal. A sale, lease, donation, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. (2019-241, s. 1(b); 2023-46, s. 13; 2023-70, s. 7(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.205 - North Carolina Zoological Park Council creation; powers and duties.

§ 143B-135.205. North Carolina Zoological Park Council – creation; powers and duties.
There is hereby created the North Carolina Zoological Park Council of the Department of Natural and Cultural Resources. The North Carolina Zoological Park Council shall have the following functions and duties:
(1) To advise the Secretary on the basic concepts of and for the Zoological Park, including conceptual plans for the Zoological Park and its buildings.
(2) To advise on the construction, furnishings, equipment and operations of the North Carolina Zoological Park.
(3) To recommend admission fees for the approval of the Secretary of Natural and Cultural Resources as provided in G.S. 143B-135.213.
(4) To recommend programs to promote public appreciation of the North Carolina Zoological Park.
(5) To disseminate information on animals and the park as deemed necessary.
(6) To develop effective public support of the North Carolina Zoological Park through whatever means are desirable and necessary.
(7) To solicit financial and material support from various private sources within and without the State of North Carolina.
(8) To advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it. (1973, c. 1262, s. 83; 1977, c. 771, s. 4; 1981, c. 278, s. 2; 1989, c. 727, s. 218(147); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(i), (p); 2023-70, s. 7(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.207 - North Carolina Zoological Park Council members; selection; removal; chairman; compensation; quorum; services.

§ 143B-135.207. North Carolina Zoological Park Council – members; selection; removal; chairman; compensation; quorum; services.
The North Carolina Zoological Park Council of the Department of Natural and Cultural Resources shall consist of 15 members appointed by the Governor, one of whom shall be the Chairman of the Board of Directors of the North Carolina Zoological Society.
At the end of the respective terms of office of the initial members of the Council, the Governor, to achieve staggered terms, shall appoint five members for terms of two years, five members for terms of four years and five members for terms of six years. Thereafter, the appointment of their successors shall be for terms of six years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Council to serve as chairman at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Natural and Cultural Resources. (1973, c. 1262, s. 84; 1977, c. 771, s. 4; 1979, c. 30, s. 1; 1989, c. 727, s. 218(148); 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(i), (p).)