NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

 

 

CHAPTER 792

SENATE BILL 312

 

 

AN ACT TO AMEND CHAPTER 76 OF THE GENERAL STATUTES OF NORTH CAROLINA SO AS TO PROHIBIT CERTAIN ACTS WHICH MAR THE BEAUTY OF NAVIGABLE WATERS AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF.

 

WHEREAS, the navigable waters of North Carolina are areas of natural scenic beauty and are among the last of our unspoiled natural resources; and

WHEREAS, the natural scenic beauty of these areas is in danger of being marred by certain indiscriminate acts of man; and

WHEREAS, it is desirable that these areas remain beautiful and unspoiled so they may be fully enjoyed by the people of the State;

NOW, THEREFORE,

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 76 of the General Statutes of North Carolina is amended by revising G.S. 76-40 to read as follows:

"G.S. 76-40.  Navigable waters: certain practices regulated. (a) It shall be unlawful for any person, firm or corporation to place, deposit, leave or cause to be placed, deposited or left, either temporarily or permanently, any trash, refuse, rubbish, garbage, debris, rubble, scrapped vehicle or equipment or other similar waste material in or upon any body of navigable water in this State; "waste material" shall not include spoil materials lawfully dug or dredged from navigable waters and deposited in spoil areas designated by the Department of Conservation and Development; violation of this Section shall constitute a misdemeanor, punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for up to six months, or both, in the discretion of the court.

"(b)      No person, firm or corporation shall erect upon the floor of, or in or upon, any body of navigable water in this State, any sign or other structure, without having first secured a permit to do so from the appropriate Federal Agencies (which would include a permit from the State of North Carolina) or from the Department of Administration, or from the agency designated by the Department to issue such permit. Provided, however, this subsection shall not apply to commercial fishing nets, fish offal, ramps, boathouses, piers or duck blinds placed in navigable waters.

Any person, firm or corporation erecting such sign or other structure without a proper permit or not in accordance with the specification of such permit shall be guilty of a misdemeanor and upon conviction shall be fined up to five hundred dollars ($500) or imprisoned for up to six months, or both, in the discretion of the court. The State may immediately proceed to remove or cause to be removed such unlawful sign or structure after five days' notice to the owner or erector thereof and the cost of such removal by the State shall be payable by the person, firm or corporation who erected or owns the unlawful sign or other structure and the State may bring suit to recover the costs of the removal thereof.

"(c)       Whenever any structure lawfully erected upon the floor of, or in or upon, any body of navigable water in this State, is abandoned, such structure shall be removed by the owner thereof and the area cleaned up within thirty (30) days of such abandonment; failure to comply with this Section shall constitute a misdemeanor and upon conviction the owner of the abandoned structure shall be fined up to five hundred dollars ($500) or imprisoned for not over six months, or both, in the discretion of the court. The State may, after ten days notice to the owner or erector thereof, remove the abandoned structure and have the area cleaned up and the cost of such removal and cleaning up by the State shall be payable by the owner or erector of the abandoned structure and the State may bring suit to recover the costs thereof.

"(d)      For purposes of this Section, the term "navigable waters" shall not include any waters within the boundaries of any reservoir, pond or impoundment used in SI'S connection with the generation of electricity, or of any reservoir project owned or operated by the United States."

Sec. 2.  The provisions of this Act, in the coastal waters of this State, shall be enforced by the Department of Conservation and Development. In the inland waters of the State, the provisions of this Act shall be enforced by the Wildlife Resources Commission. The Department of Conservation and Development and the Wildlife Resources Commission shall cooperate with the Department of Water and Air Resources in the enforcement of this Act.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 12th day of June, 1969.