15A NCAC 10F .0310       DARE COUNTY

(a)  Regulated Areas.  This Rule applies to the following waters and portions of waters:

(1)           Manteo.  Doughs Creek adjacent to Shallowbag Bay and all canals situated within the territorial limits of the Town of Manteo.

(2)           Hatteras.

(A)          The waters of Hatteras Harbor and Muddy Creek bounded on the north and south by the high‑water mark, on the west by a straight line between channel markers number 20 and 17, and on the east by the mouth of Muddy Creek at Sandy Bay.

(B)          The waters of Hatteras Inlet North Dock ferry basin and the Hatteras Landing channel, including the vicinity of Coast Guard Beacon Number One in the approach channel as delineated by appropriate markers.

(3)           Mann's Harbor.  The waters of Ferry Dock Road Canal.

(4)           Nags Head:

(A)          Those waters contained within the canals of Old Nags Head Cove Development;

(B)          The Roanoke Sound inlets at Pond Island on either side of Marina Drive extending north from US 64‑264.

(5)           Wanchese:

(A)          The waters of Wanchese Harbor;

(B)          The Canal from its beginning where it connects with the Roanoke Sound south of the dead end road SR 1141 extending northwest roughly parallel to SR 1141 and SR 1142, then westward roughly parallel to NC 345, and finally curving to the southwest roughly parallel to the C.B. Daniels Road to its end.

(6)           Stumpy Point Canal.  That portion of Stumpy Point Canal beginning at the Wildlife Resources Commission boating access area and extending inland for a distance of 3,600 feet.

(7)           Stumpy Point Basin.  That portion of the Stumpy Point Basin, at the head of the Stumpy Point Bay, which is next to Highway 264 in the dock area and designated by the appropriate markers.

(8)           Town of Southern Shores.  The waters contained in the canals and lagoons within the territorial limits of the Town of Southern Shores.

(9)           Colington Harbour.  The waters contained in the canals of Colington Harbour.

(10)         Kitty Hawk.  Those waters contained in the canals of Kitty Hawk Landing Subdivision.

(11)         Washington Baum Bridge.  Those waters of the Roanoke Sound from marker 24B north of the bridge to marker 24A south of the bridge, and 50 yards east of the navigation span west to the shore as designated by the appropriate markers.

(12)         Colington Island.  The waters contained in an area beginning at the bath house and recreation center on the western shore of Colington Island, running 600 feet in a northerly direction and extending 300 feet into Albemarle Sound as marked.

(13)         The waters of Baum Bay Harbor.

(14)         The waters of High Bridge Creek.

(15)         Mill Creek - The waters of Pamlico Sound at Mill Creek near Avon as delineated by appropriate markers.

(16)         Ginguite Creek - The waters of Ginguite Creek from Highway 158 north to Lot 15 in Martins Point Subdivision.

(17)         Marina Canal B The waters of Marina Canal starting at the mouth of the canal from the Pamlico Sound to the boat basin adjoining Palmetto Shores Subdivision.

(b)  Speed Limit.  No person shall operate any motorboat or vessel at greater than no‑wake speed within any of the regulated areas described in Paragraph (a) of this Rule.

(c)  Restricted Swimming Area.  No person operating or responsible for the operation of any vessel, surfboard, water skis, or jet skis shall permit the same to enter any marked swimming area described in Subparagraph (12) of Paragraph (a) of this Rule.

(d)  Placement and Maintenance of Markers.  Subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers, the following agencies are designated suitable agencies for placement and maintenance of markers implementing this Rule as to the regulated areas listed in the several Subparagraphs of Paragraph (a) of this Rule:

(1)           the Board of Commissioners of the Town of Manteo as to the areas indicated in Subparagraph (1);

(2)           the Board of Commissioners of Dare County as to the areas indicated in Subparagraphs (2) through (7), (9), (11), (13), (15), (16) and (17).

(3)           the Board of Commissioners of the Town of Southern Shores as to the areas indicated in Subparagraph (8);

(4)           the Board of Commissioners of the Town of Kitty Hawk as to the areas indicated in Subparagraph (10) and (14).

 

History Note:        Authority G.S. 75A‑3; 75A‑15;

Eff. February 1, 1976;

Amended Eff. April 1, 1997; December 1, 1994; May 1, 1994; March 1, 1993; May 1, 1988;

Temporary Amendment Eff. February 1, 1999; July 1, 1998;

Amended Eff. July 1, 2000; April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.