North Carolina Statutes

Chapter 113 Conservation and Development

Article 1 - Powers and Duties of Department of Environment and Natural Resources Generally.

Article 1A - Special Peace Officers.

  • § 113-28.1   Designated employees commissioned special peace officers by Governor
    Upon application by the Secretary of Environment and Natural Resources, the Governor is hereby authorized and empowered to commission as special peace officers such of...
  • § 113-28.2   Powers of arrest
    Any employee of the Department of Environment and Natural Resources commissioned as a special peace officer shall have the right to arrest with warrant any...
  • § 113-28.2A   Cooperation between law enforcement agencies
    Special peace officers employed by the Department of Environment and Natural Resources are officers of a "law enforcement agency" for purposes of G.S. 160A‑288, and...
  • § 113-28.3   Repealed by Session Laws 1989, c. 485, s. 1
  • § 113-28.4   Oaths required
    Before any employee of the Department of Environment and Natural Resources commissioned as a special peace officer shall exercise any power of arrest under this...

Article 1B - Aviation.

Article 1C - Commission on International Cooperation.

Article 1D - Community Action Partnership Act.

Article 2 - Acquisition and Control of State Forests and Parks.

Article 2A - Forestry Advisory Committee.

Article 2B - Forestry Study Act.

Article 2C - State Parks Act.

  • § 113-44.7   Short title
    This Article shall be known as the State Parks Act. (1987, c. 243.)
  • § 113-44.8   Declaration of policy and purpose
    (a) The State of North Carolina offers unique archaeologic, geologic, biological, scenic, and recreational resources. These resources are part of the heritage of the people...
  • § 113-44.9   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Department" means the Department of Environment and Natural Resources. (2) "Park" means any tract...
  • § 113-44.10   Powers of the Secretary
    The Secretary shall implement the provisions of this Article and shall be responsible for the administration of the State Parks System. (1987, c. 243.)
  • § 113-44.11   Preparation of a System Plan
    (a) The Secretary shall prepare and adopt a State Parks System Plan by December 31, 1988. The Plan, at a minimum, shall: (1) Outline a...
  • § 113-44.12   Classification of parks resources
    After adopting the Plan, the Secretary shall identify and classify the major resources of each of the parks in the State Parks System, in order...
  • § 113-44.13   General management plans
    Every park classified pursuant to G.S. 113‑44.12 shall have a general management plan. The plan shall include a statement of purpose for the park based...
  • § 113-44.14   Additions to and deletions from the State Parks System
    (a) If, in the course of implementing G.S. 113‑44.12 the Secretary determines that the major purposes of a park are not consistent with the purposes...
  • § 113-44.15   Parks and Recreation Trust Fund
    (a) Fund Created. There is established a Parks and Recreation Trust Fund in the State Treasurer's Office. The Trust Fund shall be a nonreverting special...

Article 3 - Private Lands Designated as State Forests.

Article 4 - Protection and Development of Forests; Fire Control.

Article 4A - Protection of Forest Against Insect Infestation and Disease.

  • § 113-60.4   Purpose and intent
    (a) The purpose of this Article is to place within the Department of Environment and Natural Resources, the authority and responsibility for investigating insect infestations...
  • § 113-60.5   Authority of the Department
    The authority and responsibility for carrying out the purpose, intent and provisions of this Article are hereby delegated to the Department. The administration of the...
  • § 113-60.6   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) "Control zone" means an area of potential or actual infestation or infection, boundaries...
  • § 113-60.7   Action against insects and diseases
    Whenever the Secretary, or his agent, determines that there exists an infestation of forest insect pests or an infection of forest tree diseases, injurious or...
  • § 113-60.8   Authority of Secretary and his agents to go upon private land within control zones
    The Secretary or his agents shall have the power to go upon the land within any zone of infestation or infection and take measures to...
  • § 113-60.9   Cooperative agreements
    In order to more effectively carry out the purposes of this Article, the Department is hereby authorized to enter into cooperative agreement with the federal...
  • § 113-60.10   Annulment of control zone
    Whenever the Secretary determines that the forest insect or disease control work within a designated control zone is no longer necessary or feasible, then the...

Article 4B - Southeastern Interstate Forest Fire Protection Compact.

Article 4C - Regulation of Open Fires.

  • § 113-60.21   Purpose and findings
    The purpose of this Article is to regulate certain open burning in order to protect the public from the hazards of forest fires and air...
  • § 113-60.22   Definitions
    As used in this Article: (1) "Department" means the Department of Environment and Natural Resources. (2) "Forest ranger" means the county forest ranger or deputy...
  • § 113-60.23   High hazard counties; permits required; standards
    (a) The provisions of this section apply only to the counties of Beaufort, Bladen, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Duplin, Gates, Hyde, Jones,...
  • § 113-60.24   Open burning in non-high hazard counties; permits required; standards
    (a) The provisions of this section apply only to the counties not designated as high hazard counties in G.S. 113‑60.23(a). (b) It shall be unlawful...
  • § 113-60.25   Open burning prohibited statewide
    During periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, the...
  • § 113-60.26   Permit conditions
    Permits issued under this Article shall be issued in the name of the person undertaking the burning and shall specify the specific area in which...
  • § 113-60.27   Permit suspension and cancellation
    Upon a determination that hazardous forest fire conditions exist the secretary is authorized to cancel any permit issued under this Article and suspend the issuance...
  • § 113-60.28   Control of existing fires
    (a) If a fire is set without a permit required by G.S. 113‑60.23, 113‑60.24 or 113‑60.25 and is set in an area in which permits...
  • § 113-60.29   Penalties
    Any person violating the provisions of this Article or of any permit issued under the authority of this Article shall be guilty of a Class...
  • § 113-60.30   Effect on other laws
    This Article shall not be construed as affecting or abridging the lawful authority of local governments to pass ordinances relating to open burning within their...
  • § 113-60.31   Exempt fires; no permit fees
    (a) This Article shall not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if such...

Article 4D - Fire Fighters on Standby Duty.

  • § 113-60.32   Definitions
    As used in this Article: (1) "Fire fighter" means an employee of the Division of Forest Resources of the Department of Environment and Natural Resources...
  • § 113-60.33   Standby duty
    (a) Standby duty is time during which a fire fighter is required to remain within 25 miles of his duty station and be available to...
  • § 113-60.34 through 113-60.39   Reserved for future codification purposes

Article 4E - North Carolina Prescribed Burning Act.

  • § 113-60.40   Legislative findings
    The General Assembly finds that prescribed burning of forestlands is a management tool that is beneficial to North Carolina's public safety, forest and wildlife resources,...
  • § 113-60.41   Definitions
    As used in this Article: (1) "Certified prescribed burner" means an individual who has successfully completed a certification program approved by the Division of Forest...
  • § 113-60.42   Immunity from liability
    (a) Any prescribed burning conducted in compliance with G.S. 113‑60.43 is in the public interest and does not constitute a public or private nuisance. (b)...
  • § 113-60.43   Prescribed burning
    (a) Prior to conducting a prescribed burning, the landowner shall obtain a prescription for the prescribed burning prepared by a certified prescribed burner and filed...
  • § 113-60.44   Adoption of rules
    The Division of Forest Resources, Department of Environment and Natural Resources, may adopt rules that govern prescribed burning under this Article. (1999‑121, s. 1.)
  • § 113-60.45   Exemption
    This Article does not apply when the Secretary of Environment and Natural Resources has cancelled burning permits pursuant to G.S. 113‑60.27 or prohibited all open...

Article 5 - Corporations for Protection and Development of Forests.

  • § 113-61   Private limited dividend corporations may be formed
    (a) In this Article, unless the context requires otherwise, "Department" means the Department of Environment and Natural Resources; and "Secretary" means the Secretary of Environment...
  • § 113-62   Manner of organizing
    A corporation formed under this Article shall be organized and incorporated in the manner provided for organization of corporations under the general corporation laws of...
  • § 113-63   Directors
    There shall not be less than three directors, one of whom shall always be a person designated by the Secretary, which one need not be...
  • § 113-64   Duties of supervision by Secretary of Environment and Natural Resources
    Corporations formed under this Article shall be regulated by the Secretary in the manner provided in this Article. Traveling and other expenses incurred by him...
  • § 113-65   Powers of Secretary
    The Secretary may: (1) Examine at any time all books, contracts, records, documents and papers of any such corporation. (2) In his discretion prescribe uniform...
  • § 113-66   Provision for appeal by corporations to Governor
    If any corporation organized under this Article is dissatisfied with or aggrieved at any rule or order imposed upon it by the Secretary, or any...
  • § 113-67   Limitations as to dividends
    The shares of stock of corporations organized under this Article shall have a par value and, except as provided in G.S. 113‑69 in respect to...
  • § 113-68   Issuance of securities restricted
    No such corporation shall issue stock, bonds or other securities except for money, timberlands, or interests therein, located in the State of North Carolina or...
  • § 113-69   Limitation on bounties to stockholders
    Stockholders shall at no time receive or accept from any such corporation in repayment of their investment in its stock any sums in excess of...
  • § 113-70   Earnings above dividend requirements payable to State
    Any earnings of such corporation in excess of the amounts necessary to pay dividends to stockholders at the rate set forth in G.S. 113‑67 shall...
  • § 113-71   Dissolution of corporation
    Any such corporation may be dissolved at any time in the manner provided by and under the provisions of the general corporation laws of the...
  • § 113-72   Cutting and sale of timber
    Any such corporation may cut and sell the timber on its land or permit the cutting thereof, but all such cuttings shall be in accordance...
  • § 113-73   Corporation may not sell or convey without consent of Secretary, or pay higher interest rate than 6%
    No such corporation shall: (1) Sell, assign or convey any real property owned by it or any right, title or interest therein, except upon notice...
  • § 113-74   Power to borrow money limited
    Any such corporation formed under this Article may, subject to the approval of the Secretary, borrow funds and secure their payment thereof by note or...
  • § 113-75   Secretary to approve development of forests
    No project for the protection and development of forests proposed by any such corporation shall be undertaken without the approval of the Secretary, and such...
  • § 113-76   Application of corporate income
    The gross annual income of any such corporation, whether received from sales of timber, timber operations, stumpage permits or other sources, shall be applied as...
  • § 113-77   Reorganization of corporations
    Reorganization of corporations organized under this Article shall be subject to the supervision of the Secretary and no such reorganization shall be had without the...
  • § 113-77.1 through 113-77.5   Reserved for future codification purposes

Article 5A - Natural Heritage Trust Program.

  • § 113-77.6   Definitions
    As used in this Article: (1) "Appraised value" means the price estimated in terms of money at which the property would change hands between a...
  • § 113-77.7   Natural Heritage Trust Fund
    (a) There is established a Natural Heritage Trust Fund in the State Treasurer's office that shall be used to finance the Natural Heritage Trust Program...
  • § 113-77.8   Natural Heritage Trust Fund Board of Trustees
    (a) Expenditures from the Fund shall be authorized by a 12‑member Board of Trustees. Four members shall be appointed by the Governor, four by the...
  • § 113-77.9   Acquisition of lands with funds from the Natural Heritage Trust Fund
    (a) Proposals. From time to time, but at least once each year, the Secretary, the Chairman of the North Carolina Wildlife Resources Commission, the Commissioner...

Article 6 - Fishing Generally.

Article 6A - Forestry Services and Advice for Owners and Operators of Forestland.

Article 6B - License Agents.

Article 7 - North Carolina Game Law of 1935.

Article 7A - Safe Distances for Hunting Migratory Wild Waterfowl.

Article 8 - Fox-Hunting Regulations.

Article 9 - Federal Regulations on Federal Lands.

Article 9A - Regulation of Trapping.

Article 9B - Regulation of Beaver Taking.

Article 10 - Regulation of Fur Dealers; Licenses.

Article 10A - Trespassing upon "Posted" Property to Hunt, Fish or Trap.

Article 10B - Liability of Landowners to Authorized Users.

Article 11 - Miscellaneous Provisions.

Article 12 - General Definitions.

  • § 113-127   Application of Article
    Unless the context clearly requires otherwise, the definitions in this Article apply throughout this Subchapter. (1965, c. 957, s. 2.)
  • § 113-128   Definitions relating to agencies and their powers
    The following definitions and their cognates apply to powers and administration of agencies charged with the conservation of marine and estuarine and wildlife resources: (1),...
  • § 113-129   Definitions relating to resources
    The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources: (1) Repealed by Session Laws 1979,...
  • § 113-130   Definitions relating to activities of public
    The following definitions and their cognates apply to activities of the public in regard to marine and estuarine and wildlife resources: (1) Repealed by Session...

Article 13 - Jurisdiction of Conservation Agencies.

Article 13A - Clean Water Management Trust Fund.

Article 14 - Commercial and Sports Fisheries Licenses.

Article 14A - Coastal and Estuarine Commercial Fishing Licenses.

Article 14B - Coastal Recreational Fishing Licenses

  • § 113-174   Definitions
    As used in this Article: (1) Repealed by Session Laws 2005‑455, s. 1.2, effective January 1, 2007. (1a) "CRFL" means Coastal Recreational Fishing License. (2)...
  • § 113-174.1   License required; general provisions governing licenses
    (a) License Required to Engage in Recreational Fishing. It is unlawful for any individual to engage in recreational fishing in: (1) Coastal fishing waters that...
  • § 113-174.2   Coastal Recreational Fishing License
    (a) Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007. (a1) Authorization to Fish in Coastal and Joint Fishing Waters. A CRFL issued...
  • § 113-174.3   For Hire Blanket CRFL
    (a) License. A person who operates a for hire boat may purchase a For Hire Blanket CRFL issued by the Division for the for hire...
  • § 113-174.4   Ocean Fishing Pier Blanket CRFL
    Ocean Fishing Pier Blanket CRFL. A person who owns or operates an ocean fishing pier and who charges a fee to allow a person to...

Article 14C - Marine Resources Fund and Marine Resources Endowment Fund.

  • § 113-175   Definitions
    As used in this Article: (1) Repealed by Session Laws 2005‑455, s. 2.2, effective January 1, 2006. (1a) "Endowment Fund" means the North Carolina Marine...
  • § 113-175.1   North Carolina Marine Resources Fund
    (a) There is hereby established the North Carolina Marine Resources Fund as a nonreverting special revenue fund in the office of the State Treasurer. The...
  • § 113-175.2 through 113-175.4   Repealed by Session Laws 2005-455, ss. 2.4 through 2.6, effective January 1, 2006
  • § 113-175.5   North Carolina Marine Resources Endowment Fund
    (a) There is hereby established the North Carolina Marine Resources Endowment Fund as a nonreverting special revenue fund in the office of the State Treasurer....
  • § 113-175.6   Report
    The Chair of the Marine Fisheries Commission and the Chair of the Wildlife Resources Commission shall jointly submit to the Joint Legislative Commission on Seafood...

Article 15 - Regulation of Coastal Fisheries.

Article 16 - Cultivation of Shellfish.

Article 17 - Administrative Provisions; Regulatory Authority of Marine Fisheries Commission and Department.

Article 18 - Commercial and Sports Fisheries Advisory Board.

Article 19 - Atlantic States Marine Fisheries Compact and Commission.

Article 19A - Fishery Management Councils.

Article 20 - Miscellaneous Regulatory Provisions.

Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission.

Article 21A - Regulating Hunting and Fishing on the Registered Property of Another.

Article 21B - Criminally Negligent Hunting.

  • § 113-290   Unlawful use of firearms
    It is unlawful for any person, while hunting or taking wild animals or wild birds as those terms are defined in G.S. 113‑129 and G.S....
  • § 113-290.1   Penalties
    (a) A person who violates the provisions of this Article is guilty of a misdemeanor punishable as follows: (1) If property damage only results from...

Article 22 - Regulation of Wildlife.

Article 22A - Use of Poisons and Pesticides.

Article 23 - Administrative Provisions; Regulatory Authority of Wildlife Resources Commission.

Article 23A - Promotion of Coastal Fisheries and Seafood Industry.

Article 23B - Fishermen's Economic Development Program.

  • § 113-315.15   Short title
    This Article shall be known as the Fishermen's Economic Development Act. (1973, c. 618, s. 1.)
  • § 113-315.16   Legislative findings
    The legislature finds that the fishermen of North Carolina perform essential functions in providing wholesome food for the diets of the citizens of North Carolina,...
  • § 113-315.17   Definitions
    As used in this Article: (1) "Economic development" means: giving helpful and useful aid to improve the proficiency of the citizens, and the efficiency of...
  • § 113-315.18   Fishermen's Economic Development Program
    The Secretary is hereby authorized to provide through his Department and the extension services of the University of North Carolina those services intended to promote...
  • § 113-315.19   Personnel needs
    To effectively carry out the duties and responsibilities set forth above, the Secretary may employ or contract with the extension services of the University of...
  • § 113-315.20 through 113-315.24   Reserved for future codification purposes

Article 23C - North Carolina Seafood Industrial Park Authority.

  • § 113-315.25   Creation of Authority; membership; appointment; terms and vacancies; officers; meetings and quorum; compensation
    (a) There is hereby created the North Carolina Seafood Industrial Park Authority. It shall be governed by a board composed of 11 members to be...
  • § 113-315.26   Personnel
    The Secretary of Commerce shall appoint such personnel as deemed necessary who shall serve at the pleasure of the Secretary of Commerce. The Secretary of...
  • § 113-315.27   Executive committee
    There shall be an executive committee consisting of the chairman of the Authority and two other members elected annually by the Authority. The executive committee...
  • § 113-315.28   Purposes of Authority
    Through the Authority hereinbefore created, the State of North Carolina may engage in promoting, developing, constructing, equipping, maintaining and operating the seafood industrial parks within...
  • § 113-315.29   Powers of Authority
    In order to enable it to carry out the purposes of this Article, the Authority shall: (1) Have the powers of a body corporate, including...
  • § 113-315.30   Approval of acquisition and disposition of real property
    Any transactions relating to the acquisition or disposition of real property or any estate or interest in real property, by the North Carolina State Seafood...
  • § 113-315.31   Issuance of bonds
    (a) As a means of raising the funds needed from time to time in the acquisition, construction, equipment, maintenance and operation of any facility, building,...
  • § 113-315.32   Power of eminent domain
    For the acquiring of rights‑of‑way and property necessary for the construction of wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses and other...
  • § 113-315.33   Exchange of property; removal of buildings, etc
    The Authority may exchange any property or properties acquired under the authority of this Chapter for other property, or properties usable in carrying out the...
  • § 113-315.34   Jurisdiction of the Authority; application of Chapter 20; appointment and authority of special police
    (a) The jurisdiction of the Authority in any of said harbors or seaports within the State for the shipment of seafood commerce shall extend to...
  • § 113-315.35   Audit
    The operations of the North Carolina Seafood Industrial Park Authority shall be subject to the oversight of the State Auditor pursuant to Article 5A of...
  • § 113-315.36   Building contracts
    (a) The following general laws, to the extent provided below, do not apply to the North Carolina Seafood Industrial Park Authority: (1) Repealed by Session...
  • § 113-315.37   Liberal construction of Article
    It is intended that the provisions of this Article shall be liberally construed to accomplish the purposes provided for, or intended to be provided for,...
  • § 113-315.38   Warehouses, wharves, etc., on property abutting navigable waters
    The powers, authority and jurisdiction granted to the North Carolina Seafood Industrial Park Authority under this Article and Chapter shall not be construed so as...
  • § 113-315.39   Taxation
    The property of the Authority shall not be subject to any taxes or assessments thereon. (1979, c. 459, s. 15.)

Article 24 - Miscellaneous Transitional Provisions.

Article 25 - Endangered and Threatened Wildlife and Wildlife Species of Special Concern.

  • § 113-331   Definitions
    All of the definitions contained in Article 12 of this Chapter 113 shall apply in this Article except to the extent that they may be...
  • § 113-332   Declaration of policy
    The General Assembly finds that the recreation and aesthetic needs of the people, the interests of science, the quality of the environment, and the best...
  • § 113-333   Powers and duties of the Commission
    (a) In the administration of this Article, the Wildlife Resources Commission shall have the following powers and duties: (1) To adopt and publish an endangered...
  • § 113-334   Criteria and procedures for placing animals on protected animal lists
    (a) All native or resident wild animals which are on the federal lists of endangered or threatened species pursuant to the Endangered Species Act have...
  • § 113-335   North Carolina Nongame Wildlife Advisory Committee
    The North Carolina Nongame Wildlife Advisory Committee is created subject to constitution, organization, and function as determined appropriate and advisable by resolution of the Wildlife...
  • § 113-336   Powers and duties of the Advisory Committee
    The Advisory Committee shall have the following powers and duties: (1) To gather and provide information and data and advise the Wildlife Resources Commission with...
  • § 113-337   Unlawful acts; penalties
    (a) It is unlawful: (1) To take, possess, transport, sell, barter, trade, exchange, export, or offer for sale, barter, trade, exchange or export, or give...
  • § 113-338 through 113-350   Reserved for future codification purposes

Article 25A - Unified Licenses.

Article 26 - Marine Fisheries Compact and Commission.

Article 26A - Repeal of Acts.

Article 27 - Oil and Gas Conservation.

Article 28 - Drillers Using Power Machinery.