SUBCHAPTER 10F ‑ MOTORBOATS AND WATER SAFETY

 

SECTION .0100 ‑ MOTORBOAT REGISTRATION

 

 

15A NCAC 10F .0101       MOTORBOAT IDENTIFICATION

 

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

Eff. February 1, 1976;

Repealed Eff. July 1, 1988.

 

15A NCAC 10F .0102       APPLICATION FOR CERTIFICATE OF VESSEL NUMBER

(a)  Definitions. The definitions in G.S. 75A-2 shall apply throughout this Subchapter and to all forms prescribed pursuant to this Subchapter. As used in this Subchapter, the following definitions shall also apply:

(1)           "Boating Accident" means a collision, accident, casualty, or occurrence involving a vessel or its equipment and resulting in:

(A)          damage by or to the vessel, its equipment, or other property;

(B)          injury or loss of life to any person; or

(C)          the disappearance of any person from a vessel under circumstances that indicate the possibility of death or injury.

A "boating accident" includes capsizing, collision, foundering, flooding, fire, explosion, and the disappearance of a vessel other than by theft.

(2)           "Certificate of Title" means a document that serves as evidence of ownership of a vessel.

(3)           "Dealer" means a person, firm, or corporation engaged in the business of offering vessels for sale at retail or wholesale from an established location.

(4)           "Government Agency Vessel" means a vessel owned and operated by the United States or a federal agency, a state, or a subdivision of a state.

(5)           "Livery Vessel" means a vessel that is rented or leased by the owners to an individual for a defined period of time.

(6)           "Manufacturer" means a person, firm, or corporation engaged in the business of manufacturing vessels either upon prior commission or for the purpose of sale after manufacture.

(7)           "Nonprofit Rescue Squad Vessel" means a vessel owned and operated by a nonprofit rescue squad exclusively for rescue purposes, including rescue training.

(8)           "Proof of Ownership Document" means a document that provides evidence of ownership, including a Certificate of Number or a Certificate of Title issued by the Commission or any similar document issued by another state or country, an affidavit, a bill of sale, a manufacturer's statement of origin, or any other document that establishes ownership.

(9)           "Vessel Agent" means an individual or business authorized by the Commission to conduct vessel transactions.

(b)  General. The certificate of numbering and certificate of titling requirements of G.S. 75A-4, 75A-7, 75A-34, and 75A-35 shall apply to all vessels operated on the public waters of North Carolina, including livery vessels, commercial fishing vessels, and commercial passenger vessels. Vessels operated pursuant to a dealer's or manufacturer's certificate of number for demonstration or testing purposes, government agency vessels, and non-profit rescue squad vessels shall not be subject to the titling requirements of G.S. 75A-34 and G.S. 75A-35 but shall remain subject to the certificate of numbering requirements of G.S. 75A-4 and G.S. 75A-7. Every owner applying for a certificate of number and certificate of title of a vessel, if applicable, shall apply to the Commission or to one of its vessel agents using an application available on the Commission website at www.ncwildlife.org. The application shall include the following information:

(1)           the name of the owners;

(2)           the address, telephone number, date of birth, and North Carolina driver license number of the owners;

(3)           the current or previous certificate of number, if applicable;

(4)           the desired period of certificate of number, either one or three years;

(5)           the primary use of the vessel:

(A)          pleasure;

(B)          livery;

(C)          demonstration;

(D)          commercial fishing;

(E)           commercial passenger;

(F)           other commercial; or

(G)          other;

(6)           the model of the vessel, if known;

(7)           the manufacturer, if known;

(8)           the year of manufacture or model year, if known;

(9)           the manufacturer's hull identification number, if any;

(10)         the length of the vessel in feet and inches;

(11)         the type of vessel:

(A)          open;

(B)          cabin;

(C)          houseboat;

(D)          personal watercraft;

(E)           pontoon; or

(F)           other;

(12)         the hull material:

(A)          wood;

(B)          metal;

(C)          fiberglass;

(D)          plastic;

(E)           inflatable; or

(F)           other;

(13)         the type of propulsion:

(A)          inboard;

(B)          outboard;

(C)          inboard outdrive;

(D)          sail;

(E)           auxiliary sail with inboard;

(F)           auxiliary sail with outboard; or

(G)          jet Drive;

(14)         the type of fuel:

(A)          gasoline;

(B)          diesel;

(C)          electric; or

(D)          other;

(15)         a proof of ownership document;

(16)         the signature of the owners;

(17)         the make of motor if over 25 horsepower, including serial number and purchase price of motor;

(18)         the lien holder name, address, and telephone number;

(19)         the effective lien date:

(20)         the county where vessel is taxed; and

(21)         proof of United States Coast Guard documentation, if applicable.

(c)  Application for certificate of number and certificate of title. The owners shall complete and submit an application for a certificate of number, proof of ownership documents, and applicable fees to the Commission or one of its vessel agents for processing within 15 days of the date of sale. A new certificate of number shall be issued for new or never-before registered vessels. For a period of 60 days following the date of sale, the new owners may use a copy of the proof of ownership document as a temporary certificate of number pending receipt of the original certificate, provided it contains the date of sale. If required, a certificate of title shall be issued and all reported liens shall be recorded.

(d)  Livery Vessel Owners. Upon receipt of a completed application and a copy of the lease or rental agreement form and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.

(e)  Dealers and Manufacturers of Vessels. Upon receipt of a completed application and fee, the Commission shall issue to the applicant a certificate of number that may be used in connection with the operation of any vessel in the possession of the dealer or manufacturer when the vessel is being demonstrated. Dealer and manufacturer certificates of number shall not be transferred. A new certificate of number shall be issued upon sale or transfer. Demonstration vessels shall not be titled so long as the vessel is owned by the dealer or manufacturer. Vessels owned or possessed by dealers or manufacturers for personal use or for any use other than for demonstration and testing purposes shall be individually registered in the name of the dealer or manufacturer in accordance with the certificate of number requirements of Paragraph (b) of this Rule. Additional dealer or manufacturer certificates of number may be obtained by making application in the same manner as prescribed for the initial certificate with payment of a fee for each additional certificate. Dealers and manufacturers may register individual vessels in accordance with Rule .0104(a) of this Section.

(f)  Government Agency and Nonprofit Rescue Squad Vessels. Upon receipt of a completed application and proof of ownership documents from a government agency or non-profit rescue squad, the Commission shall issue to the applicant a permanent certificate of number. There shall be no fee for a permanent government agency or non-profit rescue squad certificate of number and the certificate shall be valid until the vessel is transferred to another government agency, an individual, a business, or a dealer. Government agency and nonprofit rescue squad registered vessels shall not be titled.

(g)  Commercial Fishing Vessel. The standard application for a certificate of number shall be used for commercial fishing vessels with the term "commercial fishing" marked in the section designated for "primary use." Upon receipt of a completed application, proof of ownership document, and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.

(h)  Commercial Passenger Vessel. Upon receipt of a completed application, proof of ownership document, and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.

 

History Note:        Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 75A-34; 75A-35; 33 C.F.R. 174.17;

Eff. February 1, 1976;

Amended Eff. August 31, 1980;

Legislative Objection Lodged Eff. December 16, 1980;

Amended Eff. July 1, 1988 at ARRC request to cure referenced Legislative Objection;

Amended Eff. August 1, 2014; May 1, 2007; July 1, 1998; April 1, 1997; November 1, 1993; August 1, 1988; July 1, 1988;

Readopted Eff. November 1, 2018.

 

15A NCAC 10F .0103       TRANSFER OF OWNERSHIP

(a)  Transfer of previously registered and titled vessels.

(1)           Transfer of previously registered and titled vessels from one individual owners to another.

(A)          When the ownership of a titled vessel is transferred, the owners listed on the face of the certificate of title shall complete the Assignment of Title section on the reverse side of the certificate of title and surrender the title to the new owners. All outstanding liens shall be satisfied before the title is surrendered. If the ownership of a titled vessel is transferred by court order, will, settlement agreement, separation agreement, judgment, or other document and the original title is not available, the previous owners or estate representative shall provide the new owners with documents establishing ownership.

(B)          The new owners shall submit an application for a certificate of number and certificate of title, along with the properly assigned certificate of title and applicable fees, within 15 days of the date of sale to the Commission or one of its vessel agents for processing. The new owners shall indicate on the application whether or not any liens exist on the vessel. If applicable, a new certificate of title shall be issued and all reported liens shall be recorded. The original certificate of number shall be retained when a vessel that was previously registered in North Carolina is transferred to a new owner. A new certificate of number shall be issued to a vessel that was previously registered in another state or never before registered.

(C)          For 60 days following the transfer of ownership of a previously titled vessel, the new owner may use a copy of the properly assigned certificate of title as a temporary certificate of number pending receipt of his or her own certificate provided the certificate is validated in accordance with Part (b)(1)(A) of this Rule.

(2)           Transfer of previously registered and titled vessels through a dealer.

(A)          When the ownership of a titled vessel is transferred to a dealer, the owners listed on the face of the certificate of title shall complete the Assignment of Title section on the reverse side of the certificate of title and surrender the title to the dealer. All outstanding liens shall be satisfied before the certificate of title is surrendered to the dealer.

(B)          When the vessel is subsequently sold, the dealer shall, on the day of the sale, provide the new owners the original certificate of title completed by the previous owners and a dealer bill of sale. The dealer bill of sale shall include the dealer's name; the name of the new owners; the date of sale; the certificate of number; the manufacturer's hull identification number; and the model, year, and length of the vessel. The dealer bill of sale shall be signed by both the dealer and the new owners.

(C)          The new owners shall complete and submit an application for a certificate of number and certificate of title, along with the properly assigned certificate of title, dealer bill of Sale, and applicable fees, within 15 days of the date of sale to the Commission or one of its vessel agents for processing. If applicable, a new certificate of title shall be issued and all reported liens shall be recorded. The original certificate of number shall be retained when a vessel that was previously registered in North Carolina is transferred to a new owners. A new certificate of number shall be issued to a vessel that was previously registered in another state or never before registered.

(D)          For a period of 60 days following the transfer of ownership of a previously registered vessel, the new owner may use a copy of the dealer bill of sale as a temporary certificate of number pending receipt of his or her own certificate provided the certificate is validated in accordance with Part (b)(1)(A) of this Rule.

(b)  Transfer of previously registered, non-titled vessels.

(1)           Transfer of a previously registered, non-titled vessel from one individual owner to another.

(A)          If the ownership of a previously registered vessel is transferred by sale or gift, the previous owners shall complete a notarized bill of sale. The bill of sale shall be given to the new owners and shall include the previous owners' names; the new owners' names; the date of sale or gift; the certificate of number; the manufacturer's hull identification number; and the model, year, and length of the vessel. The previous owner's signature shall be notarized. If the ownership of a previously registered vessel is transferred by a court order, will, settlement agreement, separation agreement, judgment, or other document, the previous owners or representative of the estate shall provide the new owners with documents establishing ownership.

(B)          The new owner shall complete and submit an application for a certificate of number and certificate of title, along with the proof of ownership document and applicable fees, within 15 days of the date of sale to the Commission or one of its vessel agents for processing. If applicable, a new certificate of title shall be issued and all reported liens shall be recorded. The original certificate of number shall be retained when a vessel previously registered in North Carolina is transferred to a new owner. A new certificate of number shall be issued to vessels previously registered in another State or never before registered.

(C)          For 60 days following the transfer of ownership of a previously registered vessel, the new owner may use a copy of the proof of ownership document as a temporary certificate of number pending receipt of his or her own certificate provided the certificate is validated in accordance with Part (b)(1)(A) of this Rule.

(2)           Transfer of a previously registered, non-titled vessel through a dealer.

(A)          The owners selling or transferring a previously registered vessel to a dealer shall complete a notarized bill of sale naming the dealer as the new owner. The bill of sale shall be given to the dealer and shall include the previous owners' names; the dealers name; the date of sale; the certificate of number; the manufacturer's hull identification number; and the model, year, and length of the vessel. The signature of the previous owners shall be notarized.

(B)          When the vessel is sold, the dealer shall provide the new owners a dealer bill of sale on the day of the sale. The dealer bill of sale shall include the dealer's name; the new owners' names; the date of sale; the certificate of number; the manufacturer's hull identification number; and the model, year, and length of the vessel. The dealer bill of sale shall be signed by both the dealer and the new owners.

(C)          The new owners shall complete and submit an application for a certificate of number and Certificate of Title, along with the proof of ownership document and applicable fees, within 15 days of the date of sale to the Commission or one of its vessel agents for processing. If applicable, a new certificate of title shall be issued and all reported liens shall be recorded. The original certificate of number shall be retained when a vessel, previously registered in North Carolina, is transferred to a new owners. A new certificate of number shall be issued to vessels previously registered in another state or vessels never before registered.

(D)          For a period of 60 days following the transfer of ownership of a previously registered vessel, the new owner may use a copy of the dealer bill of sale as a temporary certificate of number pending receipt of his or her own certificate provided the certificate is validated in accordance with Part (b)(1)(A) of this Rule.

(3)           Transfer of a vessel individually-registered to a dealer or manufacturer. Vessels that have been individually numbered by dealers or manufacturers shall upon transfer of ownership be governed by the provisions of Subparagraph (b)(1) of this Rule.

 

History Note:        Authority G.S. 75A-3; 75A-5; 75A-19; 75A-37; 33 C.F.R. 174.21;

Eff. February 1, 1976;

Amended Eff. August 1, 2014; May 1, 2007; July 1, 1998; April 1, 1997; February 1, 1995; November 1, 1993; July 1, 1988; April 19, 1981;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0104       CERTIFICATE OF NUMBER

(a)  General. Upon receipt of a completed application, a proof of ownership document, and the applicable fees as provided in G.S. 75A-5(a1) and G.S. 75A-5.2(c), the Commission shall issue to the applicant a certificate of number authorizing the operation of the vessel. The certificate of number shall be carried while operating the vessel and shall be presented for inspection to any law enforcement officer upon request. The certificate of number shall include the following information:

(1)           the name of the owners, dealer, or manufacturer;

(2)           the address, including zip code, of the primary owners, dealer, or manufacturers;

(3)           the title indicator;

(4)           the certificate of number awarded to vessel;

(5)           the expiration date of the certificate of number;

(6)           vessel use type:

(A)          pleasure;

(B)          livery;

(C)          demonstration;

(D)          commercial fishing;

(E)           commercial passenger;

(F)           other commercial; or

(G)          other;

(7)           the model of vessel, if known;

(8)           the manufacturer, if known;

(9)           the year of manufacture or model year, if known;

(10)         the manufacturer's hull identification number, if any;

(11)         the overall length of vessel;

(12)         the type of vessel:

(A)          open;

(B)          cabin;

(C)          houseboat;

(D)          personal watercraft;

(E)           pontoon; or

(F)           other;

(13)         the hull material:

(A)          wood;

(B)          metal;

(C)          fiberglass;

(D)          plastic;

(E)           inflatable; or

(F)           other;

(14)         the type of Propulsion:

(A)          inboard;

(B)          outboard;

(C)          inboard outdrive;

(D)          sail;

(E)           auxiliary sail with inboard;

(F)           auxiliary sail with outboard;

(G)          jet drive;

(15)         the type of fuel:

(A)          gasoline;

(B)          diesel;

(C)          electric;

(D)          other;

(16)         a notice to owner that he shall report within 30 days changes of address or ownership, and destruction or abandonment of vessel;

(17)         the signature of the owners; and

(18)         a notice to the owner that the operator shall:

(A)          always carry this certificate on vessel when in use;

(B)          report any accident involving injury or death to persons or property damage in excess of two thousand dollars ($2,000.00); and

(C)          stop and render assistance if involved in boating accident.

(b)  Dealers and Manufacturers. A dealer or manufacturer demonstrating or testing a vessel may use a set of dealer numbers and the corresponding dealer certificate of number to operate a vessel held for sale, but only for demonstration or testing purposes. Vessels owned or possessed by dealers or manufacturers for personal use or for any use other than for demonstration and testing purposes shall be individually registered in the name of the dealer in accordance with Paragraph (a) of this Rule.

(c)  Government agency. There shall be no title indicator or expiration date listed for permanent certificate of numbers.

(d)  Vessel Agents. Vessel dealers, manufacturers, and other businesses that operate from locations within North Carolina may be appointed as vessel agents of the Commission and be authorized to issue temporary certificates of number for new registrations, transfers of ownership, renewals, and duplicate transactions. All official certificates of number shall be processed and mailed from the Commission headquarters. Rules governing the appointment and operations of vessel agents are contained in 15A NCAC 10G .0400 WILDLIFE SERVICE AGENTS.

 

History Note:        Authority G.S. 75A‑3; 75A‑5; 75A-5.2; 75A‑7; 75A‑19; 33 C.F.R. 174.19;

Legislative Objection Lodged Eff. December 16, 1980;

Eff. February 1, 1976;

Amended Eff. May 1, 2007; July 1, 1998; April 1, 1997; July 1, 1988; August 31, 1980; January 1, 1980;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0105       NUMBERING PATTERN

(a)  General. A certificate of number assigned by the Commission shall consist of the abbreviation "NC" followed by a number consisting of not more than four Arabic numerals and a space or hyphen followed by not more than two capital letters, in accordance with the serials, numerically and alphabetically.

(b)  Prohibited Letters. The Letters "I", "O", and "Q" shall not be used in any certificate of number letter sequence. Letters or letters and numbers forming words or combinations shall not be used.

(c)  Government Agency. The single letter "P" shall be used following the numerals of vessels owned by governmental entities.

(d)  Dealers and Manufacturers. The single letter "X" shall be used following the numerals of vessels numbered for demonstration purposes by dealers and manufacturers.

 

History Note:        Authority G.S. 75A‑3; 75A‑5; 75A‑7; 75A-19; 33 C.F.R. 174.23;

Eff. February 1, 1976;

Amended Eff. May 1, 2007; July 1, 1998; April 1, 1997; September 1, 1996; August 31, 1980;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0106       DISPLAY OF VESSEL NUMBERS

(a)  The vessel numbers shall be painted on or attached to each side of the forward half of the vessel for which the number was issued in a position that is visible and legible. The numbers shall read from left to right and shall be in block characters not less than three inches in height. The numbers shall be of a solid color that contrasts with the color of the background and maintained to be visible and legible.

(b)  No other number, except the year date of the validation decal described in Rule .0107 of this Section, shall be carried on the bow of a numbered vessel.

(c)  Manufacturers or dealers may have the vessel number printed upon or attached to a removable sign or signs to be temporarily attached to a vessel being demonstrated, so long as the display meets the requirements of Paragraph (a) of this Rule. If a currently or previously-numbered vessel is being demonstrated with dealer numbers, all permanent numbers painted on or attached to the bow shall be covered.

(d)  A vessel registered to a governmental entity and bearing the letter "P" shall continue to display the assigned numbers for so long as the vessel belongs to a governmental entity. Upon transfer of ownership of a vessel registered to a government entity to a private individual or business, the new owner shall apply to the Commission for a new certificate of number as provided in 15A NCAC 10F .0104.

(e)  A United States Coast Guard documented vessel registered in North Carolina shall not display the State vessel numbers.

 

History Note:        Authority G.S. 75A-3; 75A-5; 75A-19;

Eff. February 1, 1976;

Amended Eff. August 1, 2014; May 1, 2007; April 1, 1997;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0107       VALIDATION DECAL

(a)  In addition to the certificate of number, the Commission shall supply to the owner of a numbered vessel two validation decals indicating the certificate's year of expiration. The owner shall affix one validation decal in a position that is visible and legible on each side of the bow following and within six inches of the vessel number.

(b)  A United States Coast Guard documented vessel shall affix one validation decal in a position that is visible and legible on the forward half of the starboard bow and one validation decal on the forward half of the port side bow.

(c)  A validation decal issued for a numbered vessel owned by a governmental entity shall contain no expiration date, shall bear the letter "P", and shall not be subject to renewal so long as the vessel remains the property of a governmental entity. When a vessel is transferred to private ownership, the decals shall be removed or destroyed by the transferring agency.

 

History Note:        Authority G.S. 75A-3; 75A-5; 75A-7; 33 C.F.R. 174.15;

Eff. February 1, 1976;

Amended Eff. January 1, 2015; May 1, 2007; April 1, 1997; August 31, 1980; January 1, 1980;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0108       RECIPROCITY

 

History Note:        Authority G.S. 75A‑3; 75A‑5;

Eff. February 1, 1976;

Repealed Eff. July 1, 1988.

 

15A NCAC 10F .0109       temporary certificate of number

(a)  When a vessel agent processes the final transaction to issue, renew, or transfer a certificate of number or to issue a duplicate certificate of number, the new owner shall be issued a temporary certificate of number. For a period not exceeding 60 days following the date of the transaction, the vessel may be operated with the temporary certificate of number.

(b)  The temporary certificate of number shall contain the following:

(1)           the name of issuing wildlife service agent;

(2)           the name and address of the owners, dealer, or manufacturer;

(3)           the title indicator;

(4)           the certificate of number;

(5)           the vessel use type:

(A)          pleasure;

(B)          livery;

(C)          dealer or manufacturer;

(D)          permanent;

(E)           commercial fishing;

(F)           commercial passenger;

(G)          other commercial; or

(F)           other;

(6)           the model of vessel;

(7)           the manufacturer;

(8)           the year of manufacture or model year;

(9)           the manufacturer's hull identification number;

(10)         the length of vessel;

(11)         the type of vessel:

(A)          open;

(B)          cabin;

(C)          houseboat;

(D)          personal watercraft;

(E)           pontoon; or

(F)           other;

(12)         the hull material:

(A)          wood;

(B)          metal;

(C)          fiberglass;

(D)          plastic;

(E)           inflatable; or

(F)           other;

(13)         the type of propulsion:

(A)          inboard;

(B)          outboard;

(C)          inboard outdrive;

(D)          sail;

(E)           auxiliary sail with inboard;

(F)           auxiliary sail with outboard; or

(G)          jet drive;

(14)         the type of fuel:

(A)          gasoline;

(B)          diesel;

(C)          electric; or

(D)          other;

(15)         the date the temporary certificate of number is issued;

(16)         the date the temporary certificate of number expires;

(17)         the type of transaction pending; and

(18)         the signature of the owners.

 

History Note:        Authority G.S. 75A‑3; 75A‑5; 33 C.F.R. 174.21;

Eff. April 1, 1997;

Amended Eff. May 1, 2007; July 1, 1998;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0110       abandoned vessels

(a)  Any person may apply to the Commission to become the registered and titled owner of an abandoned vessel. The applicant shall:

(1)           send a certified letter with return receipt requested to the last registered owners. The applicant shall provide proof to the Commission that this letter was not deliverable or that the last registered owners failed to acknowledge or respond;

(2)           provide a written police report to the Commission stating that the abandoned vessel has not been reported missing or stolen in the area where it is listed as being moored; and

(3)           complete and submit to the Commission an application for a certificate of number and certificate of title and shall submit:

(A)          a notarized statement summarizing when and where the vessel was found;

(B)          documentation of all attempts to locate the owners;

(C)          all available evidence that the vessel is abandoned;

(D)          statements from any other persons knowledgeable about the history of the vessel; and

(E)           all applicable fees.

(b)  The Commission shall consider the evidence and documentation presented when determining if a vessel has been abandoned. If the Commission determines that the vessel has been abandoned, the Commission shall issue a certificate of number and certificate of title to the applicant.

 

History Note:        Authority G.S. 75A‑5(i2);

Eff. May 1, 2007;

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

Amended Eff. November 1, 2018.

 

SECTION .0200 ‑ SAFETY EQUIPMENT AND ACCIDENT REPORTS

 

15A NCAC 10F .0201       Safety Equipment

(a)  All vessels subject to the rules of this Section shall meet the vessel equipment requirements set forth in G.S. 75A-6(n), 46 CFR 25, and 33 CFR 175. 46 CFR 25 and 33 CFR 175 are incorporated by reference, including subsequent amendments and editions, and can be found free of charge online at www.ecfr.gov. Notwithstanding the federal regulations incorporated in this Paragraph, Paragraphs (b) through (g) shall apply to vessels operating in State waters. To the extent these vessel equipment requirements conflict with the incorporated federal regulations, federal regulations shall supersede any and all State laws or regulations.

(b)  Personal flotation devices (PFDs) shall be required as follows:

(1)           No person may operate a vessel unless, for each person on the vessel, at least one Type I, II, or III PFD is on board and readily accessible.

(2)           No person shall operate a vessel 16 feet or more in length unless one type IV PFD is on board and immediately available for use, in addition to the total number of PFDs required in Subparagraph (1) of this Paragraph.

(3)           No person shall operate a vessel while the vessel is underway with any child under 13 years old aboard unless each child is:

(A)          wearing an appropriate PFD approved by the Coast Guard;

(B)          below decks; or

(C)          in an enclosed cabin.

This Subparagraph shall not apply to a vessel that is registered as a commercial vessel.

(4)           A Type V PFD may be carried in lieu of any PFD required under Subparagraph (1) of this Paragraph provided:

(A)          the approval label for the Type V PFD indicates that the device is approved for the activity for which the vessel is being used; or

(B)          the Type V PFD is used in accordance with the requirements on the approval label and with the requirements in its owner's manual.

(5)           No person shall operate a vessel unless each required PFD is:

(A)          in serviceable condition;

(B)          of appropriate size and fit for the intended wearer;

(C)          United States Coast Guard approved; and

(D)          legibly marked with its approval number, as specified in 46 CFR 25 Uninspected Vessels, Requirements and 33 CFR 175 Personal Flotation Devices.

(6)           Exemptions shall apply as follows:

(A)          Canoes and kayaks 16 feet in length and over shall be exempted from the requirements for carriage of the additional Type IV PFD as specified in Subparagraph (b)(2) of this Rule.

(B)          Sailboards, surfboards, tubes, swimming rafts, inflatable toys, and similar devices used as water toys or swimming aids shall be exempted from the requirements for carriage of any PFD required under this Paragraph.

(C)          Manually propelled vessels such as racing shells, rowing sculls, racing canoes, and racing kayaks that are recognized by national and international racing associations for use in competitive racing, that are not designed to carry any equipment not solely for competitive racing, and in which all occupants with the with exception of a coxswain, if one is present, row, scull, or paddle, shall be exempted from the requirements for carriage of any type PFD required under this Paragraph.

(c)  Fire Extinguishers shall be required as follows:

(1)           All motorboats shall carry at least the minimum number of USCG-approved hand portable fire extinguishers specified in this Rule if:

(A)          the motorboat has closed compartments under thwarts and seats in which portable fuel tanks may be stored;

(B)          the motorboat has double bottoms that are not sealed to the hull or that are not completely filled with flotation material;

(C)          the motorboat has closed living spaces;

(D)          the motorboat has closed stowage compartments in which combustible or flammable materials are stowed;

(E)           the motorboat has permanently installed fuel tanks; or

(F)           the motorboat is Class 2 or longer.

(2)           Class A and Class 1 Motorboats less than 26 feet in length shall carry one Type B-I extinguisher.

(3)           Class 2 Motorboats shall carry two Type B-I extinguisers.

(4)           Class 3 Motorboats shall carry three Type B-I extinguisers.

(5)           One Type B-II hand held fire extinguisher may be substituted for two B-I hand portable fire extinguishers. A fixed fire extinguishing system installed in the engine compartment shall be deemed equal to one Type B-I hand portable fire extinguisher.

Open Vessels. Vessels less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, shall not be required to carry portable fire extinguishers if the construction of the vessels will not permit the entrapment of explosive or flammable gases or vapors.

(d)  Every engine, except outboard motors, using gasoline as fuel and installed in a vessel shall be equipped with an acceptable means of backfire flame control that meets the requirements of 46 CFR 25 and 33 CFR 175.

(e)  Every vessel, except open vessels using liquid of a volatile nature as fuel, shall be equipped with an operable ventilation system as required by 33 CFR 175.201 and 46 CFR 25.40-1, to remove any explosive or flammable gases from the bilges of the engine and fuel tank compartments that meets the requirements of 46 CFR 25 and 33 CFR 175.

(f)  Sound devices shall be required as follows:

(1)           Vessels less than 12 meters or 39.4 feet in length shall be equipped with some means of making an efficient sound signal; and

(2)           Vessels equal to or greater than 12 meters or 39.4 feet in length shall be equipped with a whistle and a bell that comply with 33 USC 2033.

(g)  Lights. The lights prescribed by this Paragraph shall be exhibited from sunset to sunrise and in fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar circumstances of restricted visibility. They may be exhibited in all other circumstances when deemed necessary. During such times no other lights shall be exhibited, except those that cannot be mistaken for the lights specified in these Rules, do not impair their visibility or distinctive character, or do not interfere with keeping a proper lookout. Lights shall be required as follows:

(1)           Vessels, other than those vessels described in Subparagraphs (g)(3)-(7) of this Rule, equal to or greater than 12 meters or 39.4 feet but less than 20 meters or 65.6 feet in length shall exhibit:

(A)          A masthead light forward visible for three miles;

(B)          Sidelights, green to starboard and red to port, visible for two miles; and

(C)          A stern light visible for two miles.

(2)           Vessels, other than those vessels described in Subparagraphs (g)(3)-(7) of this Rule, less than 12 meters or 39.4 feet in length shall exhibit:

(A)          An all-round white light visible for two miles; and

(B)          Sidelights, green to starboard and red to port, visible for 1 mile.

(3)           Sailing vessels underway that are seven meters or 23 feet in length or greater shall exhibit:

(A)          A stern light visible for two miles; and

(B)          Sidelights, green to starboard and red to port, visible for two miles.

(4)           In a sailing vessel less than 20 meters or 65.6 feet in length, the lights prescribed in Subparagraph (3) of this Paragraph may be combined in one lantern carried at or near the top of the mast where it can be best seen.

(5)           A sailing vessel of less than seven meters or 23 feet in length shall, if practicable, exhibit the lights prescribed in Subparagraph (3) or (4) of this Paragraph; if not practicable the vessel shall have ready at hand an electric torch or lighted lantern showing a white light that shall be exhibited in sufficient time to prevent a collision.

(6)           A vessel under oars shall either:

(A)          exhibit the lights prescribed in Subparagraph (g)(5) of this Rule for sailing vessels; or

(B)          have ready at hand an electric torch or lighted lantern showing a white light that shall be exhibited in sufficient time to prevent a collision.

(7)           On public waters not subject to the jurisdiction of the United States, vessels propelled by machinery of 10 horsepower or less, in lieu of the foregoing requirements, may carry from one-half hour after sunset to one-half hour before sunrise a white light in the stern or have on board a hand flashlight in good working condition which shall be ready at hand and shall be temporarily displayed in sufficient time to prevent collision. The Subparagraph shall not apply to vessels in waters of this State that are subject to the jurisdiction of the United States.

 

History Note:        Authority G.S. 75A-3; 75A-6; 113-307;

Eff. February 1, 1976;

Amended Eff. November 1, 2013; April 1, 2009; March 1, 2008; April 1, 1999; August 1, 1988; May 1, 1976;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0202       ACCIDENT REPORTS

(a)  Federal Regulations Incorporated. Reporting boating accidents and notification of death or disappearance of persons from vessels operating on the waters of this State shall be governed by 33 CFR 173 Subpart C, which is incorporated by reference including subsequent amendments and editions. These federal regulations can be found free of charge online at www.ecfr.gov.

(b)  Use of Report. The accident reports required by Paragraph (a) of this Rule shall be used in developing statistical data as to the causes and frequency of boating accidents and in transmittal of information as required by G.S. 75A‑12.

 

History Note:        Authority G.S. 75A‑3; 75A‑11; 113‑307; 33 C.F.R. 174.101 et seq.;

Eff. February 1, 1976;

Amended Eff. November 1, 1999; August 1, 1988; May 1, 1976;

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

Amended Eff. November 1, 2018.

 

SECTION .0300 ‑ LOCAL WATER SAFETY REGULATIONS

 

15A NCAC 10F .0301       GENERAL PROVISIONS

(a)  Definitions. The definitions used in G.S. 75A shall apply in this Subchapter. In addition, the following definitions shall apply:

(1)           "Commission" means the North Carolina Wildlife Resources Commission;

(2)           "Executive Director" means the Executive Director of the Commission;

(3)           "No wake speed" means idle speed or slow speed creating no appreciable wake;

(4)           "USATONS" means the U. S. Aids to Navigation System, which prescribes regulatory markers and aids to navigation that mark navigable waters of the United States, and is hereby incorporated by reference including all subsequent amendments and editions and can be found free of charge online at www.ecfr.gov;

(5)           "Designated agency" means a subdivision of the State that the Commission designates for placement of markers that conform to USATONS standards;

(6)           "Regulatory Marker" and "Information Marker" means markers with an orange geometric shape against a white background, used to alert a mariner to warnings or regulatory matters, as defined in 33 CFR 62.33;

(7)           "Swimming area" means an enclosed area on the water for swimming that is marked against entry by vessels;

(8)           "Mooring area" means an area on the water delineated by speed zone markers where vessels may be tied to objects anchored on the seabed;

(9)           "Restricted area" means an area on the water that is marked to limit recreational activity and vessel speed; and

(10)         "Safety Zone" means a water area or shore area where, for safety or environmental purposes, access is limited to authorized persons and vessels, as defined in 33 CFR 165.20.

(b)  Formal application for water safety rulemaking. Any subdivision of the State may, after public notice, apply to the Commission for rules on waters within the subdivision's territorial limits on an application provided by the Commission at www.ncwildlife.org. The completed application and supporting documents shall be mailed to the No Wake Zone Coordinator at North Carolina Wildlife Resources Commission, 1701 Mail Service Center, Raleigh, North Carolina 27699-1701 or submitted via email to nowakezonecoordinator@ncwildlife.org. The application shall contain the following information:

(1)           the name of the subdivision of the State applying for water safety rulemaking;

(2)           the date of the application;

(3)           the contact person's name, telephone number, and mailing address;

(4)           descriptive information for the body of water;

(5)           location of the proposed no wake zone, marked swimming area, or other regulated area;

(6)           a statement that the subdivision of the State has given public notice of its intention to apply for rulemaking on waters within its territorial limits;

(7)           a resolution from the subdivision of the State requesting water safety rulemaking; and

(8)           an affirmation that the subdivision of the State or its designee will bear the cost for purchase and placement of markers that conform to USATONS standards.

(c)  Marking Regulated Areas. The Commission may designate agencies for the placement of markers in areas established by rules in this Section. The designated agency or its designee shall be responsible for the purchase and placement of markers conforming to USATONS required to implement a water safety rule.

(d)  Placement of Markers. Except where done by supervening federal authority, it shall be unlawful for anyone to place or maintain regulatory markers or navigational aids without authorization from the Commission; or to place information markers without permission from the Executive Director or his or her designee.

(e)  Mooring Areas. The boundaries of mooring areas shall be defined by the placement of speed zone markers.

(f)  Swimming Areas. No vessel entry shall be permitted in the waters of marked swimming areas. Marked swimming areas shall meet the following requirements:

(1)           the enclosed swimming area in the water shall not exceed 5,000 square feet;

(2)           the enclosed area shall be marked with float lines that, in conjunction with the shoreline, form an enclosed area;

(3)           the swimming area shall not extend into a navigational channel or interfere with navigation of vessels;

(2)           float lines shall have white, international orange, or alternating white and international orange floats along their length at intervals of not less than one every 10 feet;

(3)           floats shall be buoyant enough to float at the surface of the water while attached to the float line, and no float shall exceed a size of 18 inches in length or diameter;

(4)           buoys or floating signs bearing the USATONS "boat exclusion area" symbol shall be attached to float lines to give warning to vessels approaching the swimming area from all directions; and

(5)           float lines and warning markers shall be anchored.

(g)  Safety Zones. Markers prohibiting entry or use by vessels and swimmers in waters surrounding impoundment structures and powerhouses associated with hydroelectric generating facilities shall be buoys or floating signs placed in the water no greater than 50 yards from the protected facility. Markers shall be sufficient in number and size to give warning of the restriction to vessels approaching from all directions.

(h)  Enforcement. If an agent of the Commission discovers markers and navigational aids that do not conform to USATONS standards, that are placed without lawful authority or permission, or that fail to mark the defined regulated area, written notice shall be served upon the individuals responsible for the improper placement of the markers or navigational aids. Failure to take action to correct the deficiency within 10 days, in accordance with the written notice, shall be a violation of this Rule.

(i)  Miscellaneous Restrictions. Except for mooring buoys or markers that are specifically permitted by State or federal law, it shall be unlawful to tie a vessel to any waterway marker, as specified in 33 CFR 70.05. It shall be unlawful for any unauthorized person to move, remove, damage, block, paint over, or tamper with any marker lawfully placed in the waters of North Carolina in conformity with these rules or USATONS standards.

 

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

Eff. February 1, 1976;

Amended Eff. November 1, 1993; March 25, 1978;

Temporary Amendment Eff. July 1, 1998;

Amended Eff. April 1, 1999;

Readopted Eff. November 1, 2018.

 

15A NCAC 10F .0302       ATLANTIC BEACH

(a)  Regulated Areas. This Rule shall apply to the following waters in Atlantic Beach in Carteret County:

(1)           the canals east of the Atlantic Beach Bridge in Sound View Isles subdivision, including the waters of Money Island Slough from its east entrance at 34.70187 N, 76.72941 W to its west entrance at 34.70237 N, 76.73271 W, and all canals west of the bridge including the canal west of North Shore 1 Drive;

(2)           the waters of Bogue Sound within 55 yards of the north shore of Channel Bay Mobile Home Park and North Shore Mobile Home Park;

(3)           the waters of Bogue Sound from a point approximately 50 yards north of the entrance to Hoop Pole Creek Bay at 34.70319 N, 76.76904 W, to a line approximately 150 yards south of the entrance to Hoop Pole Creek Bay, shore to shore from a point on the east shore at 34.70178 N, 76.76757 W, to a point on the west shore at 34.70167 N, 76.76973 W, and within 50 yards of all boat ramps in Hoop Pole Creek Bay; and

(4)           the waters of Bogue Sound beginning at green day marker 3 and red day marker 4 near the entrance of the 8 ½ Marina Channel and extending within the channel to a point 50 yards west of the boat ramp at 8 ½ Marina Village.

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

(c)  Placement of Markers. The Town of Atlantic Beach shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998;

Readopted Eff. October 1, 2018.

 

15A NCAC 10F .0303       BEAUFORT COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Beaufort County:

(1)           the portion of Broad Creek south of a line from a point on the east shore at 35.49472 N, 76.95693 W to a point on the west shore at 35.49476 N, 76.96028 W and north of a line from a point on the east shore at 35.48485 N, 76.95178 W to a point on the west shore at 35.48495 N, 76.95619 W;

(2)           the portion of Blounts Creek south of a line 100 yards north of the Blounts Creek Boating Access Area, from a point on the east shore at 35.40846 N, 76.96091 W to a point on the west shore at 35.40834 N, 76.96355 W, and north of a line 100 yards south of Cotton Patch Landing, from a point on the east shore at 35.40211 N, 76.96573 W to a point on the west shore at 35.40231 N, 76.96702 W;

(3)           the waters of Battalina Creek, within the territorial limits of the Town of Belhaven;

(4)           the navigable portion of Nevil Creek extending upstream from its mouth at the Pamlico River;

(5)           the portion of Blounts Creek north of a line 35 yards south-southeast of the Mouth of the Creek Bridge from a point on the east shore at 35.43333 N, 76.96985 W to a point on the west shore at 35.43267 N, 76.97196 W and south of a line 350 yards north-northeast of the Mouth of the Creek Bridge from a point on the east shore at 35.43553 N, 76.96962 W to a point on the west shore at 35.43679 N, 76.97011 W;

(6)           the portion of Tranters Creek east of a line from a point on the north shore at 35.56961 N, 77.09159 W to a point on the south shore at 35.56888 N, 77.09118 W and north of a line from a point on the east shore at 35.56714 N, 77.08941 W to a point on the west shore at 35.56689 N, 77.09029 W; and

(7)           the waters of Little Creek beginning at a line near its mouth from a point on the east shore at 35.41917 N, 76.97102 W to a point on the west shore at 35.41900 N, 76.96940 W; and

(8)           the canals at the eastern end of the peninsula between Chocowinity Bay and the Pamlico River at Fork Point and Whichard Beach, beginning at the canal entrance off of Chocowinity Bay at a point a 35.50296 N, 77.03043 W and beginning at the canal entrance off of the Pamlico River at a point at 35.50340 N, 77.02364 W.

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

(c)  Placement of Markers. The Board of Commissioners of Beaufort County and the City Council of the City of Washington shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. September 1, 2013; September 1, 2010; June 1, 1998; April 1, 1997; June 1, 1989; March 1, 1987; April 1, 1986; March 4, 1979;

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

Amended Eff. May 1, 2019; October 1, 2018; November 1, 2017.

 

15A NCAC 10F .0304       BLADEN COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of White Lake in Bladen County.

(b)  Restricted Area. The waters of White Lake between the shoreline and the offshore marker poles shall be designated as a restricted area.

(c)  Swimming. Swimming, except skin diving, shall not be permitted outside of the restricted area.

(d)  Skiing. No skiing shall be permitted in the restricted area, except to leave from within or return into that area. All vessels pulling skiers shall leave from within the restricted area on a course perpendicular to the nearest shoreline. Upon returning, all vessels pulling skiers shall reduce to no‑wake speed when the skiers have entered the restricted area.

(e)  Speed Limit. Within the restricted area all vessels, except those engaged in skiing as regulated by Paragraph (d) of this Rule, shall be operated at a no‑wake speed. Operation of any vessel on a course parallel to the shoreline is prohibited in the restricted area.

(f)  Placement and Maintenance of Markers. The Board of Commissioners of Bladen County, the Town of White Lake, and the State Parks Division shall be the designated agencies for placement and maintenance of the markers implementing this Rule.

 

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

Eff. February 1, 1976;

Amended Eff. April 1, 1990; August 1, 1988; June 17, 1979;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0305       BRUNSWICK COUNTY

(a)  Regulated Areas. This Rule shall apply to the waters and portions of waters described as follows:

(1)           Lockwoods Folly River in the Town of Varnamtown, from a point at 33.94966 N, 78.22587 W 500 yards northwest of the boat ramp located at the end of SR 1123 otherwise known as Fisherman Road, to a point at 33.94498 N, 78.22206 W, 180 yards southeast of the boat ramp, and including the portion of the river otherwise known as Mill Creek where it meets Lockwoods Folly River directly across from the boat ramp, to a point 100 feet northeast at 33.94687 N, 78.22235 W;

(2)           Calabash River in the Town of Calabash, from a point in the water at the end of Marina Drive at 33.88638 N, 78.56254 W to a point 650 yards southwest at the southern end of the deep-sea fishing docks at 33.88344 N, 78.56751 W;

(3)           the Small Boat Harbor, shore to shore beginning at its intersection with the Intracoastal Waterway at a point at 33.91685 N, 78.02865 W;

(4)           Shallotte River east of SR 1233, otherwise known as Village Point Road SW south of the Town of Shallotte, shore to shore from its intersection with the Intracoastal Waterway at a point at 33.91477 N, 78.37103 W to point 500 feet north at 33.91613 N, 78.37126 W;

(5)           Montgomery Slough otherwise known as Davis Creek, within 100 yards of the hotel and marina at the northern end of 57th Place West in the Town of Oak Island;

(6)           the waters in the natural and concrete canals located on the south side of the Intracoastal Waterway, east of N.C. Highway 904 in the Town of Ocean Isle Beach;

(7)           Town Creek east of SR 1609, otherwise known as Clearview Lane in Town Creek Township, shore to shore from a point at 34.16788 N, 78.07139 W, north and east around a bend in the creek to a point at 34.16910 N, 78.07030 W;

(8)           Montgomery Slough, otherwise known as Davis Creek, shore to shore from its entrance at the Intracoastal Waterway west of SW Yacht Drive at a point at 33.92145 N, 78.19408 W, to the canal end at NE 40th Street in the Town of Oak Island; and

(9)           Intracoastal Waterway in the Town of Sunset Beach, shore to shore from a point 150 yards east of the Sunset Boulevard South bridge at 33.88173 N, 78.50995 W, to a point 50 yards west of the bridge at 33.88111 N, 78.51194 W.

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

(c)  Placement of Markers. The following agencies shall be the designated agencies for the placement of markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers:

(1)           the Board of Aldermen of Varnamtown for areas indicated in Subparagraph (a)(1) of this Rule;

(2)           the Board of Commissioners of Brunswick County for areas indicated in Subparagraphs (a)(2) through (8) of this Rule; and

(3)           the North Carolina Wildlife Resources Commission for the area indicated in Subparagraph (a)(9) of this Rule.

 

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

Eff. February 1, 1976;

Amended Eff. April 1, 1997; July 1, 1994; July 1, 1993; January 1, 1989; January 1, 1987;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. April 1, 2009; April 1, 1999;

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

Amended Eff. July 1, 2018.

 

15A NCAC 10F .0306       CAROLINA BEACH

(a)  Regulated Area. This Rule applies to the following waters in the Town of Carolina Beach:

(1)           Carolina Beach Yacht Basin shore to shore, south of a line from a point on the east shore at 34.05723 N, 77.88894 W to a point on the west shore at 34.05700 N, 77.89089 W; and

(2)           a portion of the Intracoastal Waterway in Myrtle Grove Sound within approximately 50 yards of the community pier and docks surrounding marinas at the Oceana Marina and Carolina Beach Yacht Club, but not extending into the U.S. Army Corps of Engineers channel setback, and extending south of the marinas within approximately 50 yards of the shoreline, but not extending into the U.S. Army Corps of Engineers channel setback, to the intersection with the no-wake zone at the Carolina Beach Yacht Basin.

(b)  Speed Limit. It is unlawful to operate any vessel at greater than no‑wake speed in the regulated areas described in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Carolina Beach Town Council shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. March 1, 1983;

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

Amended Eff. May 1, 2020.

 

15A NCAC 10F .0307       CATAWBA, IREDELL, LINCOLN, AND MECKLENBURG COUNTIES

(a)  Regulated Area. This Rule shall apply to Lake Norman in Catawba, Iredell, Lincoln, and Mecklenburg counties:

(1)           within 50 yards of the shoreline at Jetton Park in Mecklenburg County, from a point on the west side of the park at 35.47082 N, 80.90427 W, south and around the point at 35.46703 N, 80.90360 W, then northeast to a point at 35.47262 N, 80.89727 W;

(2)           Bluff Point Cove in Cornelius shore to shore, east of a line from a point 50 yards west of the south shore of the cove mouth at 35.45327 N, 80.89520 W to a point 50 yards west of the north shore of the cove mouth at 35.45487 N, 80.89440 W; and

(3)           the cove immediately north of the inlet of Hager Creek in Iredell County, north of a line from a point on the north shore at 35.55760 N, 80.94730 W southwest to a point on the island at the inlet of Hager Creek at 35.55695 N, 80.94971 W, and east of a line from the same point on the island northwest to a point on the north shore at 35.55754 N, 80.95029 W.

(b)  Speed Limit. No person shall operate a vessel at greater than no wake speed within the regulated areas described in Paragraph (a) of this Rule and as set forth in G.S. 75A-14.1.

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked swimming area on the waters of Lake Norman.

(d)  Placement and Maintenance of Markers. The Lake Norman Marine Commission shall be the designated agency for placement and maintenance of navigational aids and regulatory markers on the waters of Lake Norman.

 

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; October 1, 1992; May 1, 1989; March 25, 1978;

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

Amended Eff. October 1, 2019; October 1, 2018.

 

15A NCAC 10F .0308       CLAY COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Chatuge Lake:

(1)           within 50 yards of the boat ramp at Ho Hum Campground;

(2)           the waters of Shooting Creek, from a line shore to shore 50 yards west of the High Bridge on NC Highway 175, to a line at the southeast end of Shooting Creek shore to shore, from a point at 35.01960 N, 83.72752 W; to a point at 35.01979 N, 83.72638 W;

(3)           within 50 yards of the Gibson Cove access area;

(4)           within 50 yards of the Chatuge Cove Marina;

(5)           the portion of the cove shore to shore, west of Cottage Court off of NC Highway 175, northeast of a line from a point on the east shore at 35.02576 N, 83.73784 W; to a point on the northwest shore at 35.02609 N, 83.73945 W;

(6)           within 50 yards of the Chatuge Dam Spillway access area; and

(7)           the waters of McCracken Cove.

(b)  Speed Limit. It shall be unlawful to operate a vessel at greater than no-wake speed within any of the regulated areas identified in Paragraph (a) of this Rule.

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter a marked public swimming area.

(d)  Placement of Markers. The Board of Commissioners of Clay County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the Tennessee Valley Authority and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. June 1, 2005; July 1, 1998; February 1, 1990; July 1, 1986; March 25, 1978;

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

Amended Eff. October 1, 2018; June 1, 2017.

 

15A NCAC 10F .0309       COLUMBUS COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Lake Waccamaw.

(b)  Restricted Area. The waters of Lake Waccamaw between the shoreline and the offshore marker poles are designated as the restricted area.

(c)  Swimming. Swimming shall not be allowed outside any marked public swimming areas.

(d)  No person shall operate a vessel within a marked public swimming area.

(e)  Skiing. No skiing shall be permitted in the restricted area except to leave from within or return into that area. All vessels pulling skiers shall leave from within the restricted area on a course perpendicular to the nearest shoreline. Upon returning, all vessels pulling skiers shall reduce to no-wake speed when the skiers have entered the restricted area.

(f)  Speed Limit. Within the restricted area all vessels, except those engaged in skiing as regulated by Paragraph (e) of this Rule, shall be operated at a no‑wake speed. Operation of a vessel on a course parallel to the shoreline is prohibited in the restricted area.

(g)  Placement and Maintenance of Markers. The Board of Commissioners of Columbus County, the Town of Lake Waccamaw, and State Parks Division shall be the designated agencies for placement and maintenance of markers implementing this Rule.

 

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

Eff. February 1, 1976;

Amended Eff. April 1, 1990;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0310       DARE COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters and portions of waters in Dare County:

(1)           Manteo. Doughs Creek off of Shallowbag Bay and all canals off of Shallowbag Bay.

(2)           Hatteras.

(A)          the waters of Pamlico Sound otherwise known as 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 at the entrance to Hatteras Harbor, and on the east by the mouth of Muddy Creek at Sandy Bay at a point at 35.22801 N,75.68050 W; and

(B)          Hatteras Ferry Terminal and United States Coast Guard basins ending at Coast Guard Beacon Number One in the Hatteras Channel.

(3)           Mann's Harbor. Old Ferry Dock Road Canal, beginning at a point at 35.90654 N, 75.76916 W.

(4)           Nags Head.

(A)          the canals of Old Nags Head Cove where the canal entrance meets Roanoke Sound beginning at a point at 35.94192 N, 75.62571 W;

(B)          the Roanoke Sound inlets at Pond Island on either side of W. Marina Drive extending north from U.S. Highway 64‑264.

(5)           Wanchese.

(A)          Wanchese Harbor otherwise known as Mill Landing Creek, beginning at its entrance from Roanoke Sound at a point at 35.84006 N, 75.61726 W; and

(B)          the canal from its beginning where it connects with Roanoke Sound south of the dead-end road SR 1141 otherwise known as Thicket Lump Drive, extending northwest roughly parallel to SR 1141, SR 1142 otherwise known as The Lane, and SR 1143 otherwise known as Tink Tillet Road, then westward roughly parallel to N.C. Highway 345, and finally curving to the southwest roughly parallel to SR 1289 otherwise known as C B Daniels SR Road to its end.

(6)           Stumpy Point Canal shore to shore, beginning 50 yards west of the Wildlife Resources Commission boating access area.

(7)           Stumpy Point Basin off of Stumpy Point Bay, east of U.S. Highway 264 where it intersects Stumpy Point Bay at a point at 35.69591 N, 75.77264 W.

(8)           Town of Southern Shores. canals and lagoons within the Town of Southern Shores north of U.S. Highway 158.

(9)           Colington Harbour. The waters in the canals of Colington Harbour Subdivision on Albemarle Sound.

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

(11)         Washington Baum Bridge. 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)         Kill Devil Hills. Baum Bay Harbor, beginning at a point at 36.00572 N, 75.68105 W.

(13)         Avon. Mill Creek beginning at its entrance at Pamlico Sound at a point at 35.36434 N, 75.50603 W.

(14)         Jean Guite Creek. Jean Guite Creek from where it meets Kitty Hawk Bay at 36.04887 N, 75.72754 W, north to a line from a point on the east shore in Southern Shores at 36.10460 N, 75.74192 W to a point on the west shore in Martin's Point Subdivision at 36.10452 N, 75.73948 W.

(15)         Frisco. The waters of the marina canal and boat basin at Palmetto Shores Subdivision, shore to shore beginning at the canal's entrance at Pamlico Sound at a point at 35.25427 N, 75.60301 W.

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

(c)  Swimming Area. No person operating or responsible for the operation of any vessel, surfboard, water skis, or jet skis shall permit it to enter the marked swimming area at Colington Island on the west shore, from a point where the canal enters the harbor at 36.01797 N, 75.72681 W, north 600 feet to a point at 36.01964 N, 75.72683 W and extending 300 feet west into Albemarle Sound.

(d)  Placement of Markers. The following agencies shall be the designated agencies for placement of markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers:

(1)           the Board of Commissioners of the Town of Manteo for the areas indicated in Subparagraph (a)(1) of this Rule;

(2)           the Board of Commissioners of Dare County for the areas indicated in Subparagraphs (a)(2) through (a)(7), (a)(9) and (a)(11) through (a)(15) of this Rule;

(3)           the Board of Commissioners of the Town of Southern Shores for the areas indicated in Subparagraph (a)(8) of this Rule; and

(4)           the Board of Commissioners of the Town of Kitty Hawk for the area indicated in Subparagraph (a)(10) of this Rule.

 

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;

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0311       GRANVILLE, VANCE AND WARREN COUNTIES

(a)  Regulated Areas. This Rule shall apply to the following waters of John H. Kerr Reservoir in Granville, Vance and Warren Counties:

(1)           Kimball Point, Warren County - Within 50 yards of the shoreline in the northernmost cove of the Kimball Point Recreation Area located at the western end of SR 1204, from the northern end of the cove at 36.54362 N, 78.31753 W, to the southern end of the cove at 36.53984 N, 78.31371 W;

(2)           Camp Kerr Lake, Vance County - The waters of the cove where the Camp Kerr Lake boat ramp is located, shore to shore beginning at a line from a point on the eastern shore at the mouth of the cove at 36.440345 N, 78.34970 W to a point on the northwest shore of the cove at 36.44167 N, 78.35129 W;

(3)           Mill Creek, Vance County - The waters of Mill Creek shore to shore from its headwaters to where it intersects the North Carolina - Virginia state boundary at a line from a point on the east side of the creek at 36.54311 N, 78.39514 W; to a point on the west side of the creek at 36.54309 N, 78.39626 W;

(4)           Flat Creek at N.C. Highway 39 bridge, Vance County - Within 50 yards east and west of the N.C. Highway 39 bridge; and

(5)           Satterwhite Point State Recreation Area, Vance County, including the waters in the vicinity of Satterwhite Point Marina docks at the end Satterwhite Point Marina Road, and the waters of the marked swimming area in the cove west of the end of SR 1319 otherwise known as Satterwhite Point Road, beginning at a line at the mouth of the cove from a point on the north shore at 36.44572 N, 78.37356 W, to a point on the south shore at 36.44442 N, 78.37359 W.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no-wake speed within 50 yards of any concrete boat launching ramp located on the reservoir.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a designated mooring area established by or with the approval of the US Army Corps of Engineers on the waters of the reservoir.

(d)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within any regulated area of the reservoir described in Paragraph (a) of this Rule.

(e)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter a designated swimming area established by or with the approval of the US Army Corps of Engineers on the waters of the reservoir.

(f)  Placement of Markers. Each of the Boards of Commissioners of the above-named counties shall be the designated agency for placement of markers implementing this Rule for regulated areas within their territorial jurisdiction, subject to the approval of the US Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. December 1, 1994; March 25, 1978;

Temporary Amendment Eff. June 1, 1998; January 1, 1998;

Amended Eff. May 1, 2013; May 1, 2005; April 1, 1999; July 1, 1998;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0312       HENDERSON COUNTY

(a)  Regulated Area.  The regulated area is that portion of Lake Summit which lies west and south of a straight line between Williams‑Shepherd Point and Zimmerman Point.

(b)  Speed Restriction.  It is unlawful to operate a vessel at a speed greater than no‑wake speed in the regulated area described in the preceding Paragraph; provided, that at least five regulatory markers warning of the speed zone are spaced substantially along the line between the two points described; provided, further, that this speed zone is effective only from June 1 through September 10 of each year, and the regulatory markers required are to be removed during the period in which the speed zone is not in effect.

(c)  Placement, Maintenance and Removal of Markers.  The Board of Commissioners of Henderson County is designated a suitable agency for placement, maintenance and removal of the markers implementing this Rule.

 

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

Eff. February 1, 1976;

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

 

15A NCAC 10F .0313       HYDE COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Hyde County:

(1)           Swan Quarter Canal near the Town of Swan Quarter beginning at its entrance at point at 35.40215 N, 76.34033 W in Swanquarter Bay and extending the entire length of the canal;

(2)           Carawan Canal near the Town of Swan Quarter beginning at its entrance at a point at 35.39758 N, 76.33312 W in Swanquarter Bay and extending the entire length of the canal;

(3)           the waters within 50 yards of all public boat launching areas providing access to Pamlico Sound;

(4)           the portion of Far Creek in the Town of Engelhard shore to shore, beginning at a point at 35.51051 N, 75.98693 W and ending at the Roper Lane bridge at 35.50869 N, 76.00229 W;

(5)           Fodrey Canal. the portion of Fodrey Canal shore to shore, beginning in Swanquarter Bay at a point at 35.40345 N, 76.34175 W and extending inland 300 yards ending at a point at 35.40469 N, 76.33944 W;

(6)           Silver Lake in Ocracoke, harbor-wide;

(7)           the entire waters of the Hydeland Canal beginning at the Hydeland Canal Access Area at 35.42131 N, 76.20915 W and ending at the end of SR 1122 at 35.40873 N, 76.21185 W;

(8)           the waters of Gray Ditch beginning north of the SR 1110 bridge at the intersection of Great Ditch Road and Nebraska Road, at 35.45926 N, 76.07527 W and ending at 35.45027 N, 76.06862 W; and

(9)           the portion of Outfall Canal, otherwise known as Main Canal off of Mattamuskeet Lake in the vicinity of Mattamuskeet Lodge, beginning in East Main Canal at 35.45226 N, 76.17359 W, and extending to a point in West Main Canal at 35.45174 N, 76.18132 W, and that portion of Central Canal beginning at its intersection with Outfall Canal and extending northward to 35.45687 N, 76.1751 W.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed on the regulated areas described in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Hyde County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. February 1, 2014; January 1, 2012; December 1, 2010; October 1, 1995; March 1, 1993; January 1, 1989; March 29, 1981;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0314       NEW HANOVER COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in New Hanover County:

(1)           the area bounded on the north by the US 74-76 Bridge crossing the Intracoastal Waterway, on the south by a line shore to shore intersecting Intracoastal Waterway marker number 127, on the west by the shore of Wrightsville Sound, and on the east by a line perpendicular to US Highway 74-76 and intersecting marker number 25 in Motts Channel;

(2)           the area of Motts Channel between marker number 25 at the Intracoastal Waterway on the west and marker number 16 at the entrance from Banks Channel on the east;

(3)           the area bounded on the west by the US 76 Bridge crossing Bradley Creek, on the north and south by the banks of Bradley Creek, on the east by a line from a point on the southwest shore at 34.21298 N, 77.83173 W, to a point on the northeast shore at 34.21446 N, 77.83063 W;

(4)           Lee's Cut from its western intersection with the Intracoastal Waterway at 34.21979 N, 77.80965 W, to its eastern intersection with Banks Channel at 34.21906 N, 77.79645 W;

(5)           the unnamed channel lying between the shore west of Bahama Drive in the Town of Wrightsville Beach and an unnamed island located approximately 500 feet northeast of the US 74 bridge over Banks Channel; and

(6)           the waters of the Northeast Cape Fear River between the US Hwy. 117 bridge and the railroad trestle 60 yards east of the Castle Hayne Boating Access Area.

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

(c)  Placement of Markers. The Board of Commissioners of New Hanover County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. July 1, 1993; May 1, 1989; June 1, 1987; May 1, 1987;

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

Amended Eff. October 1, 2018; April 1, 2017.

 

15A NCAC 10F .0315       POLK COUNTY

(a)  Regulated Area. This Rule shall apply to Lake Adger in the cove south of the Lake Adger Boating Access Area, west of a line from a point on the north shore at 35.33578 N, 82.22780 W to a point on the south shore at 35.33422 N, 82.22774 W.

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

(c)  Placement of Markers. The Board of Commissioners of Polk County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. February 1, 1976;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0316       Forsyth, ROCKINGHAM AND STOKES COUNTIES

(a)  Regulated Area. This Rule shall apply to Belews Lake in Forsyth, Rockingham and Stokes Counties.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp on the waters of Belews Lake in any of the counties listed in (a) of this Rule, or within 50 yards of any bridge crossing any portion of Belews Lake in Forsyth County.

(c)  Placement and Maintenance of Markers. The Boards of Commissioners of Forsyth County, Rockingham County and Stokes County, or their designees shall be the designated agencies for placement and maintenance of markers implementing this Rule. All markers warning of a no‑wake speed zone must be buoys or floating signs.

 

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

Eff. February 1, 1976;

Amended Eff. May 1, 1976;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0317       STANLY COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters described as follows:

(1)           Badin Lake.

(2)           Lake Tillery.

(A)          Turner Beach Cove shore to shore, south of a point at 35.22529 N, 80.09318 W.

(B)          The waters within 50 yards of the fuel docks at the Boathouse and Marina at 712 Berry Hill Drive in Norwood.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the waters of a regulated area described in Paragraph (a) of this Rule.

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of a regulated area described in Paragraph (a) of this Rule.

(d)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within any of the regulated area described in Paragraph (a) of this Rule:

(e)  Placement of Markers. The Board of Commissioners of Stanly County shall be the designated agency for placement of markers implementing this Rule.

(f)  Notwithstanding Paragraphs (a) through (e) of this Rule, no person shall operate a vessel at greater than no-wake speed in the waters of Lake Tillery shore to shore, within 85 yards north and 85 yards south of the NC Hwy 24/27/73 bridge eastbound and westbound spans, otherwise known as the James B. Garrison Bridge. The North Carolina Wildlife Resources Commission shall be the designated agency for placement and maintenance of markers for this regulated area.

 

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

Eff. February 1, 1976;

Amended Eff. July 1, 1995; March 25, 1978; November 1, 1977;

Temporary Amendment Eff. June 1, 1998;

Amended Eff. July 1, 2000; April 1, 1999; July 1, 1998;

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

Amended Eff. October 1, 2018;

Emergency Amendment Eff. July 30, 2019;

Temporary Amendment Eff. June 1, 2020; October 1, 2019.

 

15A NCAC 10F .0318       WARREN COUNTY

(a)  Regulated Area. This Rule shall apply to that portion of Lake Gaston which lies within the boundaries of Warren County.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no-wake speed within 50 yards of any public boat launching ramp while on the waters of Lake Gaston in Warren County.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area on the waters of Lake Gaston in Warren County.

(d)  Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of Lake Gaston in Warren County.

(e)  No person shall operate a vessel at greater than no-wake speed:

(1)           within those waters of the Camp Willow Run Canoe/Sail Cove, beginning at a point shore to shore from a point on the southwest shore at 36.49355 N, 77.91795 W, to a point on the north shore at 36.49534 N, 77.91508 W.

(2)           within the waters of the cove on Hubquarter Creek, shore to shore beginning at a line from a point on the northeast shore at 36.50030 N, 78.00474 W to a point on the southwest shore at 36.49947 N, 78.00553 W.

(f)  Placement of Markers. The Board of Commissioners of Warren County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. October 1, 1992; March 25, 1978;

Temporary Amendment Eff. June 17, 2002;

Amended Eff. May 1, 2004 (this amendment replaces the amendment approved by RRC on February 20, 2003;

Amended Eff. May 1, 2013;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0319       WASHINGTON COUNTY

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

(1)           the portion of Mackey's Creek, otherwise known as Kendrick Creek, shore to shore, from a point at 35.93253 N, 76.60875 W to a point at 35.93401 N, 76.60637 W; and

(2)           the portion of Conaby Creek shore to shore, from a point east of the N.C. 45 Bridge at 35.89613 N, 76.70603 W, east northeast to a point at 35.89757 N, 76.70413 W.

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

(c)  Placement of Markers. The Board of Commissioners of Washington County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. February 1, 1976;

Amended Eff. February 1, 1995;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0320       ONSLOW COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Onslow County:

(1)           the canals in Old Settlers Beach subdivision in the Town of Surf City, east of the Onslow-Pender County line, and the waters of the approach canal from the Intracoastal Waterway between markers 53 and 57, extending south-southwest to the Onslow-Pender County line;

(2)           New River in the City of Jacksonville shore to shore, north from a line at a point on the east shore at 34.74356 N, 77.43775 W to a point on the west shore at 34.74358 N, 77.43924 W; and south from a line at a point on the east shore at 34.74695 N, 77.43719 W, to a point on the west shore at 34.74562 N, 77.44114 W; and the waters shore to shore north of the SR 1402 bridge otherwise known as the Old Bridge Street bridge and south of the U.S. Highway 17 Business bridge otherwise known as Marine Boulevard bridge; and within 50 yards of the shoreline at the Marina Café and Marina, from the U.S. Highway 17 Business bridge otherwise known as Marine Boulevard bridge to a point on the west shore at 34.75461 N, 77.43819 W;

(3)           Queens Creek near the boating access area at the north end of SR 1688, otherwise known as Sussex Lane in Hubert, shore to shore west of a line from a point on the south shore at 34.69881 N, 77.18884 W to a point on the north shore at 34.69949 N, 77.18880 W and south-southeast of a line from a point on the west shore at 34.70103 N, 77.19287 W to a point on the east shore at 34.70101 N, 77.19216 W; and

(4)           Intracoastal Waterway at Hammocks Beach State Park in Swansboro, from a line at a point on the north shore west of the passenger ferry dock at 34.66967 N, 77.14454 W, south to a point on an unnamed island at 34.66823 N, 77.14459 W, eastward 520 yards to a line from a point on the north shore east of the public boat ramp and maintenance area at 34.67023 N, 77.13934 W, south to a point on an unnamed island at 34.66916 N, 77.13962 W.

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

(c)  Placement of Markers. The Board of Commissioners of Onslow County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1976;

Amended Eff. July 1, 1993; June 1, 1989; October 1, 1984; May 1, 1982;

Readopted Eff. October 1, 2018;

Amended Eff. October 1, 2019.

 

15A NCAC 10F .0321       PENDER COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Pender County:

(1)           the canal adjoining Olde Point Development in Hampstead;

(2)           the First Finger Canal northeast of Godwin Drive in New Topsail Beach;

(3)           Town of Topsail Beach, the waters on the eastern side of Banks Channel within 100 yards of the shoreline beginning 155 yards west of Bush's Marina, extending northeast ending 75 yards from the shoreline perpendicular to Haywood Avenue;

(4)           the waters of the Northeast Cape Fear River between the U.S. Highway 117 bridge and the railroad trestle 60 yards east of the Castle Hayne Boating Access Area; and

(5)           Town of Surf City, the waters of the channel in Topsail Sound known as Deep Creek, from its mouth at a point at 34.43199 N, 77.54795 W to its end west of Goldsboro Avenue.

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

(c)  Placement of Markers. The Board of Commissioners of Pender County for the regulated areas designated in Subparagraphs (a)(1), (2), and (4) of this Rule, the Board of Commissioners of the Town of Topsail Beach for the regulated area designated in Subparagraph (a)(3) of this Rule, and the Board of Commissioners of the Town of Surf City for the regulated area designated in Subparagraph (a)(5) of this Rule shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1976;

Amended Eff. July 1, 1993; December 1, 1991; May 1, 1989; October 1, 1985;

Temporary Amendment Eff. April 1, 1999;

Amended Eff. June 1, 2017; July 1, 2000;

Readopted Eff. October 1, 2018.

 

15A NCAC 10F .0322       UNION COUNTY

(a)  Regulated Area. This Rule shall apply to Cane Creek Lake in Union County.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp or within 50 yards of the boat ramp at the Cane Creek Campground, at a point at 34.83485 N, 80.68605 W.

(c)  Speed Limit in Congested Area. No person shall operate a vessel at greater than no‑wake speed within 75 yards of the waters that separate Cane Creek Park from Cane Creek Campground, shore to shore from at a point at 34.83838 N, 80.68174 W, northwest to a point at 34.83875 N, 80.68233 W.

(d)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the regulated area described in Paragraph (a) of this Rule.

(e)  Placement of Markers. The Board of Commissioners of Union County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. May 1, 1976;

Amended Eff. March 1, 1987; March 25, 1978;

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

Amended Eff. October 1, 2018.

 

15A ncac 10f .0323       burke county

(a)  Regulated Areas. This Rule applies only to the following waters or portions of waters in Burke County:

(1)           Lake Hickory;

(2)           Lake James, delineated by markers consistent with Paragraph (e) of this Rule, at the following locations:

(A)          Holiday Shores Subdivision;

(B)          Lake James Campground;

(C)          Laurel Pointe Subdivision;

(D)          The waters of Boyd Moore Cove shore to shore, north of a line from a point on the northwest shore at 35.76667 N, 81.82337 W to a point on the southeast shore at 35.76558 N, 81.82245 W;

(E)           East Shores development;

(F)           Eastern shore of Lake James at Mallard Cove;

(G)          That portion of Lake James shore to shore, beginning 50 yards northeast of the NC Highway 126 bridge at a line from a point on the north shore at 35.74398 N, 81.88426 W, to a point on the south shore at 35.74334 N, 81.88383 W, and ending at a line 215 yards southwest of the NC Highway 126 bridge, from a point on the northwest shore at 35.74257 N, 81.88679 W to a point on the southeast shore at 35.74160 N, 81.88516 W;

(H)          Within 50 yards of the Canal Bridge Boating Access area dock;

(I)            The waters within 50 yards of the end of the South Pointe Subdivision peninsula from a point east of the peninsula at 35.76399 N, 81.83768 W, and surrounding the peninsula from a point east of the peninsula at 35.76399 N, 81.83768 W, and surrounding the peninsula to a point west of the peninsula at 35.76307 N, 81.83648 W; and

(J)            The waters of Sherman's Hollow Cove shore to shore, and contiguous with those waters beginning at a point on the west shore of the mouth of Sherman's Hollow Cove at 35.76423 N, 81.82748 W, extending northeast within 50 yards of Linville Point to a point on the northeast shore of Linville Point at 35.76596 N, 81.82432 W.

(3)           Lake Rhodhiss.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within 50 yards of any designated public boat launching ramp, bridge, marina, boat storage structure, boat service area, dock, or pier; or while on designated waters of the areas described in Paragraph (a) of this Rule.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area on the regulated areas described in Paragraph (a) of this Rule.

(d)  Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the regulated areas described in Paragraph (a) of this Rule.

(e)  Placement of Markers. The Board of Commissioners of Burke County is the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

History Note:        Authority G.S. 75A‑3; 75A‑15; 102-1.1;

Eff. July 1, 1976;

Amended Eff. December 1, 1995; December 1, 1994; December 1, 1992; March 1, 1992;

Temporary Amendment Eff. April 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. August 15, 2001;

Amended Eff. July 1, 2009; May 1, 2009; August 1, 2002;

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

Amended Eff. November 1, 2017.

 

15A NCAC 10F .0324       DAVIDSON COUNTY

(a)  Regulated Areas. This Rule shall apply to those portions of High Rock Lake, Tuckertown Lake, and Badin Lake that lie within the boundaries of Davidson County.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed:

(1)           within 50 yards of any marked public boat launching ramp, bridge, dock, marina, boat storage structure, boat service area or pier while on the waters of High Rock Lake, Tuckertown Lake, and Badin Lake in Davidson County;

(2)           High Rock Shores Drive Cove on High Rock Lake in Hi-Roc Shores Subdivision in Silver Hill Township, shore to shore northeast of a line from a point on the east shore at 35.67720 N, 80.24526 W to a point on the west shore at 35.67663 N, 80.24437 W;

(3)           Flat Swamp Creek on High Rock Lake shore to shore, from a point 50 yards north of the docks at Camp Walter Johnson at 35.67130 N, 80.16592 W to a point 100 yards south of the docks at 35.66993 N, 80.16582 W;

(4)           the cove in Oakwood Acres on Abbotts Creek Cove on High Rock Lake shore to shore, west of a line from a point on the south shore at 35.64704 N, 80.24787 W to a point on the north shore at 35.64809 N, 80.24870 W; and

(5)           Beaverdam Creek Cove on Badin Lake, shore to shore north of a line from a point on the east shore at 35.50714 N, 80.09994 W to a point on the west shore at 35.50715 N, 80.10086 W.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area on the waters of High Rock Lake, Tuckertown Lake, and Badin Lake in Davidson County.

(d)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of High Rock Lake, Tuckertown Lake, and Badin Lake in Davidson County.

(e)  Placement of Markers. The Board of Commissioners of Davidson County shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. July 1, 1976;

Amended Eff. January 1, 2012; May 1, 2004; December 1, 1995; December 1, 1991; August 1, 1991; September 1, 1982;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0325       CHOWAN COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Chowan County:

(1)           the waters contained within the entrance canals and docking areas of Edenton Marina and Pembroke Marina;

(2)           Pembroke Creek in Edenton, from a line 50 yards north of the W. Queen Street bridge on SR 1204 shore to shore, from a point on the east shore at 36.05861 N, 76.62584 W, to a point on the west shore at 36.051813 N, 76.62735 W, to a line 200 yards southeast of the bridge, shore to shore from a point on the east shore at 36.05739 N, 76.62382 W to a point on the west shore at 36.05626 N, 76.62569 W;

(3)           the boat basin and all canals within Cape Colony Subdivision in Edenton; and

(4)           the swimming area located in Albemarle Sound adjacent to the Cape Colony Subdivision Recreation Area.

(b)  Speed Limit. No person shall operate any vessel at greater than no-wake speed within the regulated areas described in Subparagraphs (a)(1), (2), and (3) of this Rule.

(c)  Swimming Area. No person operating or responsible for the operation of any vessel, surfboard, or water skis shall permit it to enter the swimming area described in Subparagraph (a)(4) of this Rule.

(d)  Placement of Markers. The Board of Commissioners of Chowan County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1977;

Amended Eff. May 1, 2013; June 1, 1983;

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

Amended Eff. November 1, 2018.

 

15A NCAC 10F .0326       PAMLICO COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters or portions of waters in Pamlico County:

(1)           Silverthorn Bay off of Burton Creek: the waters of Burton Creek known as Silverthorn Bay, north of a line at a point on the east shore at 35.09531 N, 76.60791 W to a point on the west shore at 35.09572 N, 76.60883 W.

(2)           Minnesott Beach: the Minnesott Beach Yacht Basin and its access channel extending 30 yards beyond the outermost rock jetties in Neuse River.

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

(c)  Placement of Markers. The Board of Commissioners of Pamlico County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1977;

Amended Eff. December 1, 1985; November 1, 1977;

Temporary Amendment Eff. March 15, 2003;

Temporary Amendment Expired October 12, 2003;

Amended Eff. May 1, 2014; May 1, 2004;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0327       MONTGOMERY COUNTY

(a)  Regulated Areas. This Rule shall apply to the waters and portions of waters described as follows:

(1)           Badin Lake.

(A)          the cove west of Lakeshore Drive and east of Strand Drive, southeast of a line at the mouth of the cove from a point on the east shore at 35.49242 N, 80.09241 W to a point on the west shore at 35.49242 N, 80.09241 W;

(B)          Lake Forest Drive Cove shore to shore, west of a point 50 yards east of the fueling site at the marina at 35.48739 N, 80.10918 W;

(C)          Garr Creek shore to shore, north of a line beginning at a point on the east shore at 35.47952 N, 80.13633 W to a point on the west shore at 35.47946 N, 80.13932 W; and

(D)          the channel between Beyer's Island and the mainland, shore to shore beginning at a line from a point on Beyer's Island at 35.49102 N, 80.10221 W to a point on the mainland at 35.49230 N, 80.10241 W, ending at a line westward, from a point on Beyer's Island at 35.48988 N, 80.10573 W to a point on the mainland at 35.49077 N, 80.10702 W.

(2)           Lake Tillery.

(A)          the waters within 50 yards of the boat ramp in the south end of Woodrun Cove at 35.33113 N, 80.06277 W;

(B)          Carolina Forest Cove shore to shore and the waters within 50 yards of the boat ramps and boat slips at the end of Arroyo Drive in Carolina Forest Community, from a point on the south shore at 35.36276 N, 80.05386 W, northeast to a point on the north shore at 35.36405 N, 80.05304 W; and

(C)          Lilly's Bridge Boating Access Area shore to shore, from line 25 feet north of the SR 1110 bridge otherwise known as Lillys Bridge Road at a point on the east shore at 35.23223 N, 80.06166 W, to a point on the west shore at 35.23289 N, 80.06318 W, to a line 200 feet southwest of the Lilly's Bridge Boating Access Area, from a point on the east shore at 35.23067 N; 80.06262 W, to a point on the west shore at 35.23156 N; 80.06437 W.

(3)           Tuckertown Reservoir.

(b)  Speed Limit Near Shore Facilities. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any marked boat launching area, dock, pier, bridge, marina, boat storage structure, or boat service area on the waters of the regulated areas described in Paragraph (a) of this Rule.

(c)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within any regulated area described in Paragraph (a) of this Rule.

(d)  Badin Lake Swimming Area. No person operating or responsible for the operation of a vessel shall permit it to enter the marked swimming area on Badin Lake at the Pinehaven Village beach area at 370 Pinehaven Drive in New London, within 50 feet of the shoreline between points at 35.49927 N, 80.11428 W; and 35.49934 N, 80.11437 W.

(e)  Placement of Markers. The Board of Commissioners of Montgomery County shall be the designated agency for placement of the markers implementing Parts (a)(1)(A), (B), (C), (2)(A) and (B), and Subparagraph (a)(3) of this Rule. The North Carolina Wildlife Resources Commission is the designated agency for placement and maintenance of the markers implementing Part (a)(2)(C) of this Rule. The Board of Commissioners of Montgomery County shall be the designated agency for placement and maintenance of the ropes and markers implementing Paragraph (d) of this Rule.

(f)  Notwithstanding Paragraphs (a) through (e) of this Rule, no person shall operate a vessel at greater than no-wake speed in the waters of Lake Tillery shore to shore, within 85 yards north and 85 yards south of the NC Hwy 24/27/73 bridge eastbound and westbound spans, otherwise known as the James B. Garrison Bridge. The North Carolina Wildlife Resources Commission shall be the designated agency for placement and maintenance of markers for this regulated area.

 

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

Eff. November 1, 1977;

Amended Eff. December 1, 1990; May 1, 1989; March 25, 1978;

Temporary Amendment Eff. June 1, 1998;

Amended Eff. April 1, 1999; July 1, 1998;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. August 1, 2006; June 1, 2005; April 1, 2003;

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

Amended Eff. October 1, 2018; April 1, 2017;

Emergency Amendment Eff. July 30, 2019;

Temporary Amendment Eff. October 1, 2019;

Amended Eff. May 1, 2020;

Temporary Amendment Eff. June 1, 2020.

 

15A NCAC 10F .0328       MARTIN COUNTY

(a)  Regulated Area. This Rule shall apply to those waters of Gardner's Creek located in Martin County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the waters of the regulated area designated in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Martin County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. June 18, 1978;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0329       ROWAN COUNTY

(a)  Regulated Areas. This Rule shall apply to the portions of High Rock Lake and Tuckertown Lake within Rowan County.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the waters of the regulated areas described in Paragraph (a) of this Rule.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no‑wake speed while within a marked mooring area on the regulated areas described in Paragraph (a) of this Rule.

(d)  Speed Limit in Specific Zones. No person shall operate a vessel at greater than no‑wake speed in the following locations on the regulated areas described in Paragraph (a) of this Rule:

(1)           within 50 yards of the Tamarac Marina on Second Creek on High Rock Lake, located at 35.61012 N, 80.30795 W;

(2)           the cove on the north side of Second Creek east of SR 2138 otherwise known as Poole Road on High Rock Lake, shore to shore, north of a line from a point on the east shore at 35.60800 N, 80.31985 W to a point on the west shore at 35.60741 N, 80.32106 W;

(3)           the waters within 50 yards southeast and 50 yards northwest of the I‑85 bridge over High Rock Lake, from a point southeast of the bridge at 35.71930 N, 80.38873 W, to a point northwest of the bridge at 35.72012 N, 8039903 W;

(4)           the waters within 50 yards southeast and 50 yards northwest of the SR 2168 bridge otherwise known as the Goodman Lake Road bridge at Crane Creek on High Rock Lake, from a point southeast of the bridge at 35.55354 N, 80.35344 W, to a point northwest of the bridge at 35.66406 N, 80.35435 W;

(5)           the waters within 50 yards northeast and 50 yards southwest of the SR 1002 bridge otherwise known as the Bringle Ferry Road bridge at Second Creek on High Rock Lake, from a point northeast of the bridge at 35.60916 N, 80.30626 W, to a point southwest of the bridge at 35.60840 N, 80.30693 W;

(6)           the waters within 50 yards north and 50 yards south of SR 1004 bridge otherwise known as the Stokes Ferry Road bridge at Riles Creek on Tuckertown Lake, from a point north of the bridge at 35.50535 N, 80.21680 W, to a point south of the bridge at 35.50452 N, 80.21720 W;

(7)           the waters within 50 yards northwest and 50 yards southeast of the N. C. Highway 8-49 bridge at Tuckertown Lake from a point northwest of the bridge at 35.50642 N, 80.18430 W, to a point southeast of the bridge at 35.50538 N, 80.18372 W; and

(8)           the waters within 50 yards of the Rowan Shrine Club dock located at 35.66776 N, 80.31425 W on High Rock Lake.

(e)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of the regulated areas described in Paragraph (a) of this Rule.

(f)  Placement of Markers. The Board of Commissioners of Rowan County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. June 18, 1978;

Amended Eff. December 1, 2010; December 1, 1985;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0330       CARTERET COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Carteret County:

(1)           the waters of Money Island Slough, beginning at the east end of Money Island near the Anchorage Marina Basin at a point at 34.70187 N, 76.72938 W and ending at the west end of Money Island where Brooks Avenue dead ends at a point at 34.70235 N, 76.73271 W;

(2)           the waters of Taylor Creek in Beaufort, shore to shore from its intersection with the Newport River at the western end, to a line at the eastern end between a point on the north shore at 34.70762 N, 76.61784 W, south-southwest to the eastern tip of Carrot Island;

(3)           the waters of Peletier Creek, beginning at the entrance to Peletier Creek at the Intracoastal Waterway at a point at 34.72543 N, 76.78044 W and ending at U.S. Highway 70;

(4)           the waters of Bogue Sound Harbor Channel in Morehead City, between Sugarloaf Island and the seawall on the south side of Evans, Shepard, and Shackleford Streets, from the east at the State Ports Authority, west to a point at 34.71848 N, 76.72015 W at the southern end of South 13th Street;

(5)           the waters of Gallants Channel, from the U.S. 70 Grayden Paul Bridge at a point at 34.72248 N, 76.66936 W, south to Taylor Creek at a point at 34.71775 N, 76.66950 W;

(6)           the waters of Cedar Island Bay and Harbor in the Town of Cedar Island, from N.C. Highway 12 to Cedar Island Bay Channel Light 8;

(7)           the waters of the small cove on the west side of Radio Island south of Old Causeway Road;

(8)           the waters of the Newport River, from a point north of the U.S. 70 Grayden Paul Bridge at 34.72265 N, 76.66930 W, north northwest to marker #6;

(9)           the waters of Spooner Creek in Morehead City, north of a point where it enters the Intracoastal Waterway at 34.72570 N, 76.80294 W;

(10)         the waters of the Newport River at Bogue Sound, including all waters surrounding the Port of Morehead City to Goat Island as delineated by appropriate markers;

(11)         the waters of Newport River, known as Morgan Creek, west northwest of a point at the mouth at 34.71611 N, 76.67814 W;

(12)         the waters of Cannonsgate Marina and the Cannonsgate Marina Channel, beginning at its intersection with Bogue Sound at 34.70163 N, 76.98157 W, as delineated by appropriate markers;

(13)         the waters of the Newport River within 200 yards of the Newport River Beach Access Boat Ramp, beginning at the shore north of the U.S. 70 Newport River Bridge at a point at 34.72141 N, 76.68707 W, west to a point at 34.72128 N, 76.68893 W, north to a point at 34.72376 N, 76.68911 N, then east to the shore at 34.72371 N, 76.68631 W;

(14)         the waters of Palmetto Drive canal, a tributary to the White Oak River, beginning at a point on the western shore at 34.67903 N, 77.10142 W to a point on the eastern shore at 34.67899 N, 77.10098 W and extending the entire length of the canal; and

(15)         the portion of the canal at Dolphin Bay Estates, a tributary to the White Oak River, beginning 30 yards inside the entrance to the canal and extending the entire length of the canal.

(b)  Speed Limit. No person shall operate a vessel at a speed greater than no-wake speed while on the waters of the regulated areas designated in Paragraph (a) of this Rule.

(c)  Placement of Markers. The following agencies shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers:

(1)           the Board of Commissioners of Carteret County, for the regulated areas designated in Subparagraphs (a)(1), (3), (5) through (8),(11), and (12) of this Rule;

(2)           the Board of Commissioners of the Town of Beaufort, for the regulated area designated in Subparagraph (a)(2) of this Rule;

(3)           the Board of Commissioners of Morehead City, for the regulated areas designated in Subparagraphs (a)(4), (9), and (13) of this Rule;

(4)           the North Carolina State Ports Authority, for the regulated area designated in Subparagraph (a)(10) of this Rule; and

(5)           the Board of Commissioners of the Town of Cedar Point for the regulated areas designated in Subparagraphs (a)(14) and (15) of this Rule.

 

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

Eff. March 4, 1979;

Amended Eff. October 1, 1997; May 1, 1995; June 1, 1994; February 1, 1994; July 1, 1993;

Temporary Amendment Eff. February 1, 1998;

Amended Eff. July 1, 1998;

Temporary Amendment Eff. March 1, 1999; November 1, 1998;

Amended Eff. May 1, 2016; July 1, 2012; September 1, 2010; July 1, 2000;

Temporary Amendment Eff. September 1, 2016;

Amended Eff. April 1, 2017;

Readopted Eff. October 1, 2018.

 

15A NCAC 10F .0331       WAKE COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Lake Wheeler located in Wake County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the waters of the regulated area designated in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Raleigh City Council shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. March 4, 1979;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0332       ALEXANDER COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Lake Hickory within Alexander County:

(1)           the waters shore to shore at a line 150 yards southeast of SR 1137 bridge otherwise known as the Rink Dam Road bridge in Taylorsville, from a point on the south shore at 35.82843 N, 81.26389 W to a point on the north shore at 35.82919 N, 81.26272 W, northwest to a point at the Rink Dam at 35.83035 N, 81.26669 W;

(2)           the waters within 50 yards of the Taylorsville Beach Marina and docks, located at 420 Taylorsville Beach Court in Taylorsville;

(3)           the waters within 50 yards of Rivers Edge Marina and docks, located at 5803 Icard Ridge Road in Hickory; and

(4)           the waters within 50 yards of the Lakeside Marina and docks located at 81 Marina Drive in Hickory.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within 50 yards of any public boat launching ramp or while on the waters of any regulated areas designated in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Alexander County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. March 25, 1979;

Amended Eff. February 1, 1995; February 1, 1987;

Temporary Amendment Eff. April 1, 2000;

Amended Eff. May 1, 2010; July 1, 2000;

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

Amended Eff. October 1, 2018.

 

5A NCAC 10F .0333         MECKLENBURG AND GASTON COUNTIES

(a)  Regulated Areas. This Rule shall apply to the following waters of Lake Wylie in Mecklenburg and Gaston Counties:

(1)           McDowell Park. The waters of the coves adjoining McDowell Park and the Southwest Nature Preserve in Mecklenburg County shore to shore, east of the mouth of the cove at a line from a point on the south shore at 35.10272 N, 81.03026 W to a point on the north shore at 35.10556 N, 80.02964 W;

(2)           Gaston County Wildlife Club Cove. The waters of the cove west of the Gaston County Wildlife Club on South Point Road in Belmont, north of a line at the mouth of the cove from a point on the east shore at 35.15628 N, 81.01427 W to a point on the west shore at 35.15628 N, 81.01615 W;

(3)           Buster Boyd Bridge. The waters from a point 250 feet east of the Buster Boyd Bridge on N.C. Highway 49 in Mecklenburg County at 35.10293 N, 81.03932 W, to a point 150 feet west of the Buster Boyd Bridge at 35.10242 N, 81.04089 W;

(4)           N.C. Highway 27 bridge. The waters shore to shore, from a point 50 yards north of the N.C. Highway 27 bridge in Mecklenburg and Gaston counties at 35.29849 N, 81.00346 W to a point 190 yards south of the N.C. Highway 27 bridge at 35.29635 N, 81.00424 W;

(5)           Brown's Cove. The area beginning at the mouth of Brown's Cove in Mecklenburg County shore to shore, at a point at 35.16453 N, 81.00474 W, west to a point at 35.16480 N, 81.00309 W;

(6)           Paradise Point Cove. The waters of Paradise Point Cove in Gaston County between Paradise Circle and Lake Front Drive, west of a line from a point on the south shore at 35.18853 N, 81.04036 W to a point on the north shore at 35.18991 N, 81.04136 W;

(7)           Withers Cove. The waters from a point 50 feet southeast of the Withers Bridge on SR 1116, otherwise known as Shopton Road W. in Mecklenburg County at 35.14576 N, 81.00187 W, to a point 50 feet northwest of the bridge at 35.14599 N, 81.00222 W;

(8)           Sadler Island. The waters shore to shore beginning at a line from a point on the west shore of Lake Wylie in Gaston County at 35.27481 N, 81.0138 W east to a point on the east shore of the Lake in Mecklenburg County at 35.27423 N, 81.01111 W, extending south on the Lake west of Sadler Island to a line from a point on the west shore of the Lake in Gaston County at 35.27079 N, 81.01525 W, east to a point on the west side of Sadler Island in Mecklenburg County at 35.27051 N, 81.01396 W, and the waters shore to shore east of Sadler Island in Mecklenburg County from a point at 35.27441 N, 81.01185 W, south-southwest to a line from a point on the south shore of Sadler Island at 35.26635 N, 81.01432 W, south to a point on the Lake shore at 35.26494 N, 81.01368 W;

(9)           Other bridges. The areas within 50 feet of any bridge in North Carolina that crosses the waters of Lake Wylie that is not otherwise specifically mentioned in this Paragraph; and

(10)         Yachtsman on Lake Wylie Community. The waters within 50 yards of the community piers near the terminus of Waterside Drive in Mecklenburg County, and northward to include the waters east of the island that is west of Point Lookout Road, ending at a line from a point on the northern end of the island at 35.12226 N, 81.03306 W, east to a point on the shore at 35.12253 N, 81.03190 W.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no-wake speed within 50 yards of any public boat-launching ramp, dock, pier, marina, boat storage structure, or boat service area.

(c)  Speed Limit Near Marked Swimming or Mooring Areas. No person shall operate a vessel at greater than no-wake speed within 50 yards of any marked mooring area or marked swimming area.

(d)  Placement and Maintenance of Markers. The Lake Wylie Marine Commission shall be the designated agency for placement and maintenance of markers implementing this Rule.

 

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

Eff. July 1, 1980;

Amended Eff. July 1, 1994; June 1, 1985; June 1, 1984; March 1, 1983;

Temporary Amendment Eff. January 1, 1998;

Amended Eff. July 1, 1998;

Temporary Amendment Eff. February 4, 2000;

Amended Eff. April 1, 2009; June 1, 2004; July 1, 2000;

Temporary Amendment Eff. May 1, 2015;

Amended Eff. October 1, 2015;

Readopted Eff. October 1, 2018;

Amended Eff. May 1, 2019.

15A NCAC 10F .0334       GUILFORD COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Oak Hollow Lake, also known as High Point Reservoir, in Guilford County.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no wake speed within 50 yards of any public boat launching ramp.

(c)  Speed Limit Near Piers. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any pier operated by the City of High Point for public use.

(d)  Placement of Markers. The City Council of High Point shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. August 31, 1980;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0335       SWAIN COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Fontana Lake within 50 yards of Almond Boat and RV Park at 1165 Almond Boat Park Road in Bryson City.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within the area described in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Swain County shall be the designated agency for placement of markers implementing this Rule, subject to the approval of the Tennessee Valley Authority and the United States Army Corps of Engineers.

 

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

Eff. August 31, 1980;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0336       NORTHAMPTON AND WARREN COUNTIES

(a)  Regulated Area. This Rule shall apply to the waters of Lake Gaston in Northampton and Warren counties.

(b)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area on the waters of Lake Gaston within Northampton and Warren counties.

(c)  Speed Limit Near Shore Facilities. No person shall operate a vessel at greater than no-wake speed within 50 yards of any marked boat launching area, dock, pier, bridge, marina, boat storage structure, or boat service area on the waters of the regulated areas described in Paragraph (a) of this Rule.

(d)  Speed Limit in specific waters. No person shall operate a vessel at greater than no-wake speed within the following bodies of water:

(1)           the cove on the north shore of Lake Gaston in Northampton County east of SR 1252 otherwise known as Vincent Lane, shore to shore from a point on the north shore at 36.51660 N, 77.82226 W to a point on the south shore at 36.51578 N, 77.82269 W;

(2)           Big Stone House Creek in Warren County within 50 yards of the culvert under N.C. Highway 903 at 36.48789 N, 77.95009 W;

(3)           Songbird Creek in Warren County within 50 yards of the culvert under N.C. Highway 903 at 36.53260 N, 77.97330 W;

(4)           Sixpound Creek in Warren County within 50 yards of the culvert under SR 1704 otherwise known as Nocarva Road at 36.52950 N, 78.07283 W;

(5)           Lizard Creek in Warren County within 50 yards of the culvert under SR 1362 otherwise known as Lizard Creek Road at 36.52501 N, 77.91187 W; and

(6)           Jimmies Creek in Northampton County shore to shore, north of a line from a point on the east shore at 36.52450 N, 77.82600 W to a point on the west shore at 36.52445 N, 77.82810 W.

(e)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of Lake Gaston in Northampton and Warren counties.

(f)  Placement of Markers. The Boards of Commissioners of Northampton County and Warren County shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army Corps of Engineers.

 

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

Eff. March 29, 1981;

Amended Eff. June 1, 1994; March 1, 1993; September 1, 1989;

Temporary Amendment Eff. March 15, 2003;

Temporary Amendment Expired October 12, 2003;

Amended Eff. May 1, 2014; May 1, 2004;

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

Amended Eff. February 1, 2020; October 1, 2018.

 

15A NCAC 10F .0337       FRANKLIN COUNTY

(a)  Regulated Area. This Rule shall apply to Lake Royale in Franklin County.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the waters of Lake Royale.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no‑wake speed while within a marked mooring area on the waters of Lake Royale.

(d)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the waters of Lake Royale.

(e)  Placement and Maintenance of Markers. The Board of Commissioners of Franklin County shall be the designated agency for placement and maintenance of the markers implementing this Rule.

 

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

Eff. August 23, 1981;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0338       CALDWELL COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Caldwell County:

(1)           Catawba River;

(2)           Lake Rhodhiss;

(3)           Little Gunpowder Lake; and

(4)           Lake Hickory in the City of Hickory.

(b)  Speed Limit Near Ramps. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any public boat launching ramp while on the regulated areas described in Paragraph (a) of this Rule.

(c)  Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no‑wake speed while within a marked mooring area on the regulated areas described in Paragraph (a) of this Rule.

(d)  Specific Speed Zones. Lake Hickory within the boundaries of the City of Hickory. No person shall operate a vessel at greater than no-wake speed within 30 yards of the docks at the Lake Hickory Marina and Boat Rentals on Limbaugh Lane.

(e)  Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area on the regulated areas described in Paragraph (a) of this Rule.

(f)  Placement of Markers. The Board of Commissioners of Caldwell County and the City of Hickory shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Army Corps of Engineers.

 

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

Eff. August 23, 1981;

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

Amended Eff. July 1, 2018.

 

15A NCAC 10F .0339       MCDOWELL COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters on Lake James in McDowell County:

(1)           the cove east of Old Wildlife Club Road, beginning at a line from a point on the northwest shore at 35.73649 N, 81.92296 W to a point on the southeast shore at 35.73595 N, 81.92194 W;

(2)           the waters including coves, shore to shore in the vicinity of the Marion Moose Club property, east of a line from a point on the north shore at 35.72026 N, 81.97292 W, to a point on the south shore at 35.71908 N, 81.97257 W, and south of a line from a point on the west shore at 35.72214 N, 81.96807 W to a point on the east shore at 35.72305 N, 81.96642 W;

(3)           Morgan Cove, west and south of a line at the mouth from a point on the north shore at 35.74220 N, 81.94189 W to a point on the south shore at 35.74142 N, 81.94155 W;

(4)           within 50 yards of the shoreline at the New Manna Baptist Youth Camp at 880 Marina Drive in Nebo;

(5)           within 50 yards of the shoreline at Burnette's Landing at 3385 Hankins Road in Marion;

(6)           the coves adjacent to Lake James State Park swimming area southeast of a line from a point on the northeast shore at 35.73402 N, 81.90450 W to a point on the southwest shore at 35.73268 N, 81.90614 W;

(7)           within 50 yards of camping areas in the Lake James State Park;

(8)           the cove between Waterglyn Subdivision and Lakeview Shores Subdivision, contiguous with the waters within 50 yards of the shoreline of Lakeview Point Subdivision, and within 50 yards of the boat launching ramp at the Marion Lake Club at the end of Lake Club Lane;

(9)           Plantation Point Cove southwest of a line from a point on the north shore at 35.71672 N, 81.98065 W to a point on the south shore at 35.71616 N, 81.98010 W;

(10)         Waterglyn Subdivision Cove, west of Lentz Landing Lane;

(11)         within 50 yards of the boat ramp at Lake James Landing on Lake James Landing Drive, near the mouth of the North Fork of the Catawba River;

(12)         within 50 yards of the Bear Creek Marina at 608 Marina Drive in Nebo;

(13)         within 50 yards of the peninsula at Waterglyn Subdivision at the end of Waterglyn Way, from the point on land east of the cove east of Old Wildlife Club Road at 35.73600 N, 81.92185 W to a point on land west of Waterglyn Subdivision Cove at 35.73549 N, 81.91900 W;

(14)         within 50 yards of the Hidden Cove Public Boat Access at 3657 NC-126 in Nebo; and

(15)         within 50 yards of the peninsula at Old Wildlife Club Subdivision at the end of Hunt Camp Drive and Screech Owl Drive, from a point on land at 35.75171 N, 81.92186 W, southeast to a point on land at 35.74914 N, 81.91782 W.

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

(c)  Restricted Swimming Areas. No person operating or responsible for the operation of any vessel shall permit it to enter any marked swimming area located on the waters of Lake James in McDowell County.

(d)  Placement of Markers. The Board of Commissioners of McDowell County is the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. August 23, 1981;

Amended Eff. February 1, 1996; December 1, 1993; March 1, 1992; April 1, 1991;

Temporary Amendment Eff. February 1, 1998;

Amended Eff. July 1, 1998;

Temporary Amendment Eff. February 4, 2000; April 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. May 1, 2001;

Amended Eff. May 1, 2010; July 1, 2008; July 18, 2002;

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

Amended Eff. October 1, 2019; November 1, 2017.

 

15A NCAC 10F .0340       CURRITUCK COUNTY

(a)  Regulated Areas. This Rule shall apply to the waters described as follows:

(1)           Bell Island. All canals on Bell Island.

(2)           Walnut Island. All canals in the Walnut Island subdivision in the Village of Grandy.

(3)           Waterview Shores subdivision. All canals in the Waterview Shores subdivision in the Village of Grandy.

(4)           Neal's Creek Landing. The waters of Neal's Creek within 50 yards of Neal's Creek Landing at the end of SR 1133, otherwise known as Neals Creek Road.

(5)           Tull Bay.

(A)          The waters of the canal off of Tull Bay from its mouth to its end at Tulls Bay Marina, downstream and within the canal leading to Tull's Bay Marina.

(B)          The canals of the Tulls Bay Colony subdivision in Moyock including the waters 50 yards north along the Mississippi Canal from its intersection with Elizabeth Canal.

(6)           Carova Beach. The canals at Carova Beach, east of a line in the northern canal from a point on the north shore at 36.51418 N, 75.87622 W to a point on the south shore at 36.51357 N, 75.87644 W; and east of a line in the southern canal from a point on the east shore at 36.51299 N, 75.87687 W to a point on the west shore at 36.51260 N, 75.87765 W.

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

(c)  Placement of Markers. The Board of Commissioners of Currituck County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1982;

Amended Eff. May 1, 2015; July 1, 1993; January 1, 1991; December 1, 1990; January 1, 1989;

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

Amended Eff. May 1, 2020; October 1, 2018.

 

15A NCAC 10F .0341       TOWN OF LAKE LURE

(a)  Regulated Area. This Rule shall apply to the waters of Lake Lure in the Town of Lake Lure, in Rutherford County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any boat launching area, dock, pier, marina, boat storage structure, boat service area, swimming area, cove or dam in the regulated area described in Paragraph (a) of this Rule.

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked swimming area in the regulated area described by Paragraph (a) of this Rule.

(d)  Water skiers. On the regulated area described by Paragraph (a) of this Rule:

(1)           no more than two skiers shall be towed at once by any boat;

(2)           each skier is required to wear a ski belt or a personal flotation device; and

(3)           the Board of Commissioners of the Town of Lake Lure may issue special permission for towing more than two skiers, with or without flotation devices, to persons or groups practicing for or participating in skiing exhibitions or shows.

(e)  Placement and Maintenance of Markers. The Board of Commissioners of the Town of Lake Lure shall be the designated agency for placement and maintenance of markers implementing this Rule.

 

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

Eff. May 1, 1982;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0342       CATAWBA COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters of Lake Hickory:

(1)           the area within 50 yards of the Moore's Ferry Boat Marina and Boathouse in the City of Hickory at 44th Avenue Circle, NW; and

(2)           the cove entering the Lake Hickory RV Resort boating access area, south of a line from a point on the east shore at 35.80767 N, 81.22795 W, to a point on the west shore at 35.80818 N, 81.22899 W, and the waters of the cove west and south of the Lake Hickory RV Resort shore to shore, south-southeast of a line from a point on the west shore of the cove mouth at 35.80675 N, 81.23275 W to a point on the east shore of the cove mouth at 35.80722 N, 81.23145 W.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed in the waters of the regulated areas specified in Paragraph (a) of this Rule.

(c)  Placement of Markers. The governing board of the City of Hickory and the Catawba County Board of Commissioners shall be the designated agencies for placement of the markers implementing this Rule, subject to the approval of the United States Army Corps of Engineers.

 

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

Eff. September 1, 1982;

Amended Eff. March 1, 1992; May 1, 1989;

Temporary Amendment Eff. February 1, 1999;

Amended Eff. July 1, 2000;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0343       CHATHAM COUNTY

(a)  Regulated Area. This Rule shall apply to the portion of the B. Everette Jordan Reservoir otherwise known as Jordan Lake in Chatham County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed on the regulated area as follows:

(1)           within 50 yards of any public boat launching ramp;

(2)           within 100 yards of the piers and boat slips adjacent to the Crosswinds Boating Center located at 565 Farrington Road in Apex;

(3)           within 100 feet of all bridges.

(c)  Swimming Areas. No person operating or responsible for the operation of any vessel, surfboard or water skis shall permit it to enter any marked swimming area located on the regulated area.

(d)  Placement of Markers. The Board of Commissioners of Chatham County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Army Corps of Engineers.

 

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

Eff. March 1, 1983;

Amended Eff. May 1, 2004; September 1, 1989; April 1, 1984; June 1, 1983;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0344       TOWN OF RIVER BEND

(a)  Regulated Areas. This Rule shall apply to the following waters located in the Town of River Bend in Craven County:

(1)           the waters of Plantation Canal shore to shore, beginning at its entrance from the Trent River at a line from a point on the northeast shore at 35.07226 N, 77.13303 W, to a point on the south shore at 35.07187 N, 77.13335 W, and including the waters of the River Bend Yacht Club Marina Basin; and

(2)           the waters of Island Lake shore to shore, and its access waters off of the Trent River beginning at points at 35.06508 N, 77.13600 W and at 35.06653 N, 77.13716 W.

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

(c)  Placement of Markers. The Town Council of the Town of River Bend shall be the designated agency for placement of markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. June 1, 1983;

Amended Eff. December 1, 1985;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0345       CHATHAM AND WAKE COUNTIES

(a)  Regulated Areas. This Rule shall apply to the following waters of the Shearon Harris Nuclear Power Plant Reservoir, otherwise known as Harris Reservoir, in Chatham and Wake counties:

(1)           all waters within 50 yards of any marked boat launching ramp, pier, dock, mooring area, boat storage structure, bridge, or service area;

(2)           in Chatham County, a portion of the waters of the cove at the Cross Point Landing Boating Access Area on SR 1914 otherwise known as Cross Point Road, shore to shore beginning at a line west of a point on the north shore at 35.57351 N, 78.97411 W to a point on the south shore at 35.57187 N, 78.97384 W; and a

(3)           in Wake County, the waters within 150 yards of the Holleman's Boating Access Area located at 4420 Bartley Holleman Road in Holly Springs at 35.60861 N, 78.93899 W.

(b)  Exclusionary Zones. Except for authorized personnel of the power company, no person shall operate a vessel in any exclusionary zone which is marked to prevent entry by boats.

(c)  Mast Height. No person shall place or operate on the regulated area described in Paragraph (a) of this Rule a sailboat or other vessel having a mast or any superstructure extending vertically above water level a distance of 35 feet or more.

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

(e)  Swimming Areas. No person shall operate a vessel or water skis within a marked public swimming area.

(f)  Placement of Markers. The Board of Commissioners of Chatham County and the Board of Commissioners of Wake County shall be the designated agencies for placement of markers implementing this Rule within their respective counties.

 

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

Eff. August 1, 1983;

Amended Eff. February 1, 1990;

Temporary Amendment Eff. April 1, 1998;

Amended Eff. May 1, 2013; July 1, 1998;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0346       ARROWHEAD BEACH SUBDIVISION

(a)  Regulated Areas. This Rule shall apply to the following waters or portions of waters in Chowan County:

(1)           Chowan River. The waters within 350 feet of the shoreline of the Arrowhead Beach Subdivision Park pier and swim area, from a point in the water southwest of the pier at 36.22691 N, 76.70711 W, to a point in the water northeast at 36.22838 N, 76.70637 W;

(2)           Indian Creek. The portion adjoining the Arrowhead Beach Subdivision shore to shore from a point at 36.23615 N, 76.69494 W to a point at 36.23084 N, 76.69231 W; and

(3)           Chowan River. The waters of an unnamed canal in Arrowhead Beach Subdivision, shore to shore at its intersection with the Chowan River at 36.22508 N, 76.70787 W.

(b)  Swimming Area. No person operating or responsible for the operation of a vessel shall permit it to enter the swimming area described in Subparagraph (a)(1) of this Rule.

(c)  Obstruction of Swimmers or Boats. No person shall place or maintain within the recreational area described in Subparagraph (a)(1) of this Rule any poles, cables, lines, nets, trotlines, fish traps or other obstructions or hazards to swimmers or boats, excepting those necessary to mark the area pursuant to this Rule.

(d)  Speed Limit. No person shall operate a vessel at greater than no-wake speed in the area described in Subparagraphs (a)(2) and (a)(3) of this Rule.

(e)  Placement of Markers. The board of Commissioners of Chowan County shall be the designated agency for the placement of markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. August 1, 1983;

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

Amended Eff. October 1, 2018; January 1, 2017.

 

15A NCAC 10F .0347       CRAVEN COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters in Craven County:

(1)           the portion of Northwest Creek from the entrance buoys at Northwest Creek Marina north of a line from a point on the east shore at 35.06357 N, 76.96934 W to a point on the west shore at 35.06343 N, 76.97106 W, to south of a line from a point on the east shore of Northwest Creek at 35.06903 N, 76.97030 W to a point on the west shore at 35.06779 N, 76.97225 W, northeast to include all waters, shore to shore, of the bulkheaded area of Fairfield Harbour otherwise known as Spring Creek;

(2)           Olde Towne Lake, shore to shore from its intersection with the Trent River west of a point at 35.08098 N, 77.05833 W;

(3)           the triangular area in the waters at the end of the Matthews Point Marina main pier located at the confluence of Clubfoot and Mitchell Creeks off of the Neuse River, between a point 300 feet east of the pier at 34.90619 N, 76.76490 W, and a point 300 feet west of the pier at 34.90610 N, 76.76262 W, and a point 150 feet south of the pier at 34.90571 N, 76.76377 W;

(4)           the waters within 50 yards of the fuel dock at Eastern Carolina Yacht Club on the Trent River in Trent Woods; and

(5)           the portion of Southwest Prong Slocum Creek in the City of Havelock, shore to shore east of a line from a point on the north shore at 34.89122 N, 76.92302 W to a point on the south shore at 34.89102 N, 76.92304 W and extending northeast, shore to shore to a line from a point on the north shore at 34.89370 N, 76.92109 W to a point on the southeast shore at 34.89358 N, 76.92089 W.

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

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any swimming area described in Paragraph (a) of this Rule.

(d)  Placement of Markers. Subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers, the following agencies shall be the designated agencies for placement of markers implementing this Rule:

(1)           the Board of Commissioners of Craven County for areas indicated in Subparagraphs (a)(1),(2),(3), and (4) of this Rule; and

(2)           the City of Havelock for the area indicated in Subparagraph (a)(5) of this Rule.

 

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

Eff. August 1, 1984;

Amended Eff. December 1, 1990; October 1, 1989; June 1, 1989;

Temporary Amendment Eff. April 1, 1998;

Amended Eff. July 1, 2016; July 1, 1998;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0348       PERSON COUNTY

(a)  Regulated Area. This Rule shall apply to the Mayo Electric Generating Plant Reservoir, otherwise known as Mayo Reservoir, in Person County.

(b)  Restricted Zones. Except for authorized personnel of the power company, no person shall operate a vessel in any restricted zone which is marked to prevent entry by boats.

(c)  Mast Height. No person shall place or operate on the regulated area described in Paragraph (a) of this Rule a sailboat or other vessel having a mast or any superstructure extending vertically above water level a distance of 35 feet or more.

(d)  Speed Limit. Except as provided in Paragraph (e) of this Rule, no person shall operate a vessel at greater than no‑wake speed within 50 yards of any marked bridge, boat launching ramp, pier, boat storage structure, or boat service area on the regulated area described in Paragraph (a) of this Rule.

(e)  Skiing. Except to leave or return to the shore or a boat launching ramp, no skiing is permitted within any speed zone described in Paragraph (d) of this Rule. In leaving or returning to the shore or boat ramp, all vessels pulling skiers shall be operated on a course perpendicular to the shore line. Upon returning, all vessels pulling skiers shall reduce to no-wake speed when the skiers have entered the restricted area.

(f)  Swimming Areas. No person shall operate a vessel or water skis within a marked public swimming area.

(g)  Boating Access. No vessel shall be placed on the regulated area described in Paragraph (a) of this Rule from any point other than the Triple Springs Boating Access Area on SR 1515.

(h)  No Wake Zone. No person shall operate a vessel at greater than no wake speed within the waters of the channel on Mayo Reservoir beginning north of the Triple Springs Boating Access Area, shore to shore from 36.48054 N, 78.87754 W to 36.47992 N, 78.87972 W, southward ending at an area below the Mayo Park ADA Fishing Pier shore to shore from 36.48054 N, 78.87754 W to 36.47718 N, 78.87836 W.

(i)  Placement of Markers. The Board of Commissioners of Person County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. August 1, 1984;

Amended Eff. December 1, 2010; April 1, 1997;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0349       JOHN H. MOSS LAKE

(a)  Regulated Area. This Rule shall apply to the Kings Mountain water supply reservoir known as John H. Moss Lake, in Cleveland County.

(b)  Speed Limit Near Boat Facilities. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any boat launching area, dock, pier, marina, boat storage structure or boat service area located on the regulated area described in Paragraph (a) of this Rule.

(c)  Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked swimming area on the regulated area described in Paragraph (a) of this Rule.

(d)  Placement of Markers. The Board of Commissioners of the City of Kings Mountain shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. August 1, 1984;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0350       DURHAM AND WAKE COUNTIES

(a)  Regulated Areas. This Rule shall apply to the waters of Falls Lake in Durham and Wake counties.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed:

(1)           while within a designated mooring area established on the regulated area by or with the approval of the Corps and State Parks;

(2)           within 50 yards of any public boat launching ramp or boat service facility, including docks used for fueling or boat repair, located on the regulated area;

(3)           within 50 yards of any state road bridge crossing over the portion of Falls Lake located within Wake County;

(4)           the waters of the Holly Point Recreation Swim and boat launch area shore to shore, from a line at a point on the southwest shore at 35.99751 N, 78.66075 W to a point on the north shore at 36.00030 N, 78.65963 W, east to a line from a point on the southeast shore at 35.99941 N, 78.65520 W to a point on the northwest shore at 36.00087 N, 78.65731 W; and

(5)           within 50 yards east and 50 yards west of the New Light Road bridge.

(c)  Restricted Zones. No person operating or responsible for the operation of a vessel, surfboard or water skis shall enter:

(1)           any marked swimming area located on the regulated area;

(2)           any areas near the dam structures located on the regulated area that is marked against entry by vessels by or with the approval of the United States Army Corps of Engineers.

(d)  Placement of Markers. The Board of Commissioners of Durham County, the Board of Commissioners of Wake County, and North Carolina State Parks shall be the designated agencies for placement of markers implementing this Rule in their respective counties, subject to the approval of the United States Army Corps of Engineers.

 

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

Eff. December 1, 1984;

Amended Eff. May 1, 2007; August 1, 1990; April 1, 1990;

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

Amended Eff. July 1, 2018.

 

15A NCAC 10F .0351       NEW BERN

(a)  Regulated Area. This Rule shall apply to that part of the Trent River that is located within the city limits of New Bern in Craven County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed on the Trent River between the Trent River Railroad Bridge and the Trent River Bridge on East Front Street.

(c)  Placement of Markers. The Board of Alderman of the City of New Bern shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. October 1, 1986;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0352       CAMDEN COUNTY

(a)  Regulated Areas. This Rule shall apply to the waters described below:

(1)           the waters of Edgewater Canal, beginning at a point at 36.17539 N, 75.97945 W, parallel with and along the south shore of Camden Point and the connecting channels to Albemarle Sound in Camden County;

(2)           the portion of Turners Cut, otherwise known as South Mills Shore Canal, for a distance of approximately 1000 feet, south of a line from a point on the east shore at 36.41129 N, 76.30598 W to a point on the west shore at 36.41096 N, 76.30654 W and north of a line from a point on the east shore at 36.40912 N, 76.30402 W to a point on the west shore at 36.40880 N, 76.30462 W;

(3)           the canals of Whitehall Shores subdivision on the Pasquotank River; and

(4)           the cove south of Sawyers Creek on the east side of the Pasquotank River in the town of Camden, east of a line from a point on the north shore at 36.32353 N, 76.18054 W to a point on the south shore at 36.32254 N, 76.18017 W.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within the regulated area described in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Camden County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. June 1, 1987;

Amended Eff. January 1, 1989;

Temporary Amendment Eff. March 15, 2003;

Temporary Amendment Expired October 12, 2003;

Amended Eff. February 1, 2014; May 1, 2013; May 1, 2004;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0353       MOUNTAIN ISLAND Lake - MECKLENBURG, GASTON AND LINCOLN COUNTIES

(a)  Regulated Area. This Rule shall apply to Mountain Island Lake in Mecklenburg, Gaston, and Lincoln counties:

(1)           the cove lying north of Historic Latta Plantation Park in Mecklenburg County, southeast of a line from a point on the southwest shore at 35.35772 N, 80.92474 W to a point on the northeast shore at 35.36019 N, 80.91935 W;

(2)           Duck Cove in Cowan's Ford Wildlife Refuge in Mecklenburg County, beginning at the mouth of the cove at 35.38097 N, 80.97894 W;

(3)           a portion of the south prong of Nance Cove in Mecklenburg County, south of a line from a point on the west shore at 35.33982 N, 80.95313 W to a point on the east shore at 35.34010 N, 80.95185 W, and the waters of the west prong of Nance Cove between SR 2253, otherwise known as Nance Cove Road, and SR 5510 otherwise known as Haymarket Road, south of a line at the mouth of the cove's west prong from a point on the west shore at 35.34547 N, 80.955677 W to a point on the east shore at 35.34506 N , 80.95578 W;

(4)           the area within 50 yards shore to shore, northeast and southwest of the N.C. Highway 16 bridge, otherwise known as Brookshire Boulevard bridge, in Mecklenburg and Gaston counties;

(5)           Neck Cove in Mecklenburg County shore to shore, north of a line from a point on the west shore at 35.36706 N, 80.93263 W to a point on the east shore at 35.36708 N, 80.93113 W;

(6)           Gar Creek in Mecklenburg County, east of a line from a point on the north shore at 35.34885 N, 80.92746 W to a point on the south shore at 35.34804 N, 80.92774 W, and west of a line from a point on the north shore at 35.34887 N, 80.92686 W to a point on the south shore at 35.34840 N, 80.92585 W;

(7)           Whispering Cove in Mecklenburg County, south of a line from a point on the west shore at 35.34119 N, 80.97570 W to a point on the east shore at 35.34079 N, 80.97477 W; and

(8)           shore to shore within 50 yards north and south of the N.C. Highway 73 bridge in Mecklenburg and Gaston counties.

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

(c)  Placement of Markers. The Boards of Commissioners of Mecklenburg County, of Gaston County, and of Lincoln County shall be the designated agencies for placement of markers implementing this Rule for regulated areas within their territorial jurisdictions.

 

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

Eff. May 1, 1988;

Temporary Amendment Eff. April 1, 2000;

Amended Eff. January 1, 2015; July 1, 2000;

Readopted Eff. October 1, 2018.

 

15A NCAC 10F .0354       PITT COUNTY

(a)  Regulated Areas. This Rule shall apply to the waters described in this Paragraph:

(1)           the waters of Tar River, known as Hardee Creek, shore to shore, west of a line at its confluence with the main course of Tar River from a point on the north shore at 35.59878 N, 77.31168 W to a point on the south shore at 35.59813 N, 77.31157 W; and

(2)           the portion of Tranters Creek east of a line from a point on the north shore at 35.56961 N, 77.09159 W to a point on the south shore at 35.56888 N, 77.09118 W and north of a line from a point on the east shore at 35.56714 N, 77.08941 W to a point on the west shore at 35.56689 N, 77.09029 W.

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

(c)  Placement of Markers. The Board of Commissioners of Pitt County shall be the designated agency for placement and maintenance of markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army Corps of Engineers.

 

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

Eff. May 1, 1988;

Amended Eff. May 1, 2014; September 1, 2010; July 1, 1995; April 1, 1992;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0355       PERQUIMANS COUNTY

(a)  Regulated Areas. This Rule shall apply to the following waters:

(1)           Perquimans River:

(A)          the canals of Holiday Island subdivision at Albemarle Sound; and

(B)          Town of Hertford: the part of the Perquimans River beginning 75 yards northeast of the Perquimans River Bridge, otherwise known as the Hertford S-shaped Bridge, parallel to the bridge, shore to shore, and ending approximately 550 yards southwest, at a line from a point on the north shore 36.19305 N, 76.46957 W to a point on the south shore at 36.19150 N, 76.47099 W.

(2)           Yeopim River:

(A)          the canal between Navaho Trail and Cherokee Trail beginning at a point at 36.07893 N, 76.42278 W;

(B)          the canal between Cherokee Trail and Ashe Street beginning at a point at 36.07865 N, 76.42603 W;

(C)          within 50 yards of the boat ramp at Ashe and Pine Street;

(D)          the canal between Pine Street and Linden Street beginning at a point at 36.07951 N, 76.43402 W;

(E)           the canal between Willow Street and Evergreen Drive beginning at a point at 36.08005 N, 76.43735 W;

(F)           the canal between Sago Street and Alder Street beginning at a point at 36.07986 N, 76.44063 W; and

(G)          Bethel Creek north of a line from a point on the west shore at 36.09566 N, 76.47928 W to a point on the east shore at 36.09534 N, 76.47738 W to a line from a point on the west shore at 36.10532 N, 76.48080 W to a point on the east shore at 36.10516 N, 76.48047 W.

(3)           Yeopim Creek:

(A)          the canal between Mohave Trail and Iowa Trail beginning at a point at 36.08521 N, 76.41802 W;

(B)          the canal between Iowa Trail and Shawnee Trail beginning at a point at 36.08511 N, 76.41763 W;

(C)          the area within 75 yards of the Albemarle Plantation Marina Piers;

(D)          the area of the cove known as Beaver Cove, shore to shore beginning at a point at 36.08767 N, 76.42151 W; and

(E)           the waters of Yeopim Creek adjacent to Heritage Shores North, shore to shore, east of a line from a point on the north shore at 36.11356 N, 76.43138 W to a point on the south shore at 36.11288 N, 76.43173 W, to a line northwest from a point on the east shore at 36.11219 N, 76.42445 W to a point on the west shore at 36.11178 N, 76.42596 W.

(4)           Little River: the entrance to the cove known as Muddy Gut Canal that extends from the waters known as Deep Creek, shore to shore beginning at a line from a point on the east shore at 36.17729 N, 76.28011 W to a point on the west shore at 36.17667 N, 76.28331 W.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed within the regulated area described in Paragraph (a) of this Rule.

(c)  Swimming Area. No person operating or responsible for the operation of a vessel shall permit it to enter the swimming area at the Snug Harbor Park and Beach on the Yeopim River.

(d)  Placement of Markers. The Board of Commissioners of Perquimans County shall be the designated for placement of markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. November 1, 1988;

Amended Eff. October 1, 1992;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. July 1, 1998;

Temporary Amendment Eff. February 4, 2000;

Amended Eff. January 1, 2015; September 1, 2013; May 1, 2006; June 1, 2005; July 1, 2000;

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

Amended Eff. October 1, 2018; June 1, 2017.

 

15A NCAC 10F .0356       PASQUOTANK COUNTY

(a)  Regulated Area. This area shall apply to the canals of the Glen Cove Subdivision in Pasquotank County.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed while on the waters of the regulated area designated in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of County Commissioners of Pasquotank County shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. December 1, 1988;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0357       NASH COUNTY

(a)  Regulated Area. This Rule shall apply to the following waters of the Tar River Reservoir near the City of Rocky Mount in Nash County:

(1)           beginning 50 yards northwest of the bridge located on SR 1745, otherwise known as Bend of the River Road, from a line northwest of the bridge at a point on the south shore at 35.88347 N, 77.89666 W, northeast to a point in the water at 35.88395 N, 77.89576 W, and ending southeast of the bridge at a point within 50 yards of the Bend of the River boat ramp located at 35.88224 N, 77.89605 W.

(2)           beginning 185 yards northwest of the Sapony Creek bridge and boat ramp located on SR 1603, otherwise known as S. Old Carriage Road at 35.88545 N, 77.91154 W, shore to shore at a line from a point on the south shore at 35.88540 N, 77,91365 W to a point on the north shore at 35.88643 N, 77.91309 W, and ending at a line east of the bridge from a point on the south shore at 35.88479 N, 77.91148 W to a point on the northeast shore at 35.88565 N, 77.91085 W; and

(3)           the waters 50 yards southwest of the Low Bridge on SR 1603 otherwise known as S. Old Carriage Road from a point in the water at 35.85446 N, 77.90760 W to a line northeast of the bridge shore to shore, from a point on the southeast shore at 35.85590 N, 77.90545 W to a point on the northwest shore at 35.85718 N, 77.90757 W.

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

(c)  Placement of Markers. The City of Rocky Mount shall be the designated agency for the placement of markers implementing this Rule.

 

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

Eff. May 1, 1989;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0358       JONES COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of the Trent River shore to shore in Pollocksville, from a line 25 yards west of the U.S. Highway 17 bridge from a point on the north shore at 35.01023 N, 77.21938 W to a point on the south shore at 35.00979 N, 77.21942 W, eastward to a line 100 yards east of the Pollocksville Public Fishing and Boating Access Area, from a point on the north shore at 35.00967 N, 77.21696 W to a point on the south shore at 35.00931 N, 77.21718 W.

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

(c)  Placement of Markers. The Jones County Board of Commissioners shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. May 1, 1989;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10f .0359       Cherokee County

(a)  Regulated Areas. This Rule shall apply to the following waters of Hiwassee Lake:

(1)           Dukes Hideaway Marina cove shore to shore, east of a line from a point on the north shore at 35.11989 N, 84.10420 W to a point on the south shore at 35.11902 N, 84.10386 W;

(2)           Shooks Marina cove shore to shore, south of a line from a point on the northwest shore at 35.15458 N, 84.14425 W to a point on the southeast shore at 35.15462 N, 84.14291 W;

(3)           Mountain View Marina cove, shore to shore, west of a line from a point on the north shore at 35.15270 N, 84.16471 W to a point on the south shore at 35.15120 N, 84.16313 W;

(4)           within 50 yards of the Tennessee Valley Authority boat launch at Micken Branch Ramp at 35.11890 N, 84.16806 W;

(5)           Harbor Cove Marina cove, shore to shore, west of a line from a point on the north shore at 35.13899 N, 84.17592 W to a point on the south shore at 35.13771 N, 84.17593 W;

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

(c)  Placement of Markers. The Cherokee County Board of Commissioners shall be the designated agency for the placement of markers implementing this Rule, subject to the authority of the Tennessee Valley Authority and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1989;

Amended Eff. November 1, 2007; May 1, 2006;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0360       GRAHAM COUNTY

(a)  Regulated Area. This Rule shall apply to the following waters in Graham County:

(1)           Santeetlah Marina cove on Santeetlah Lake, shore to shore north of a line from a point on the west shore at 35.36435 N, 83.85841 W to a point on the northeast shore at 35.36532 N, 83.85529 W;

(2)           Fontana Village Resort Marina cove on Fontana Lake, shore to shore west of a line from a point on the north shore at 35.44294 N, 83.78900 W to a point on the south shore at 35.44077 N, 83.78936 W;

(3)           within 50 yards of the Prince Boat Dock Marina at 237 Prince Boat Dock Road in Almond, and its docks and mooring areas on Fontana Lake;

(4)           within 50 yards of the Crisp Boat Dock on Town Branch off of Panther Creek on Fontana Lake, near the northern end of SR 1234 otherwise known as Lower Panther Creek Road in Robbinsville;

(5)           within 50 yards of the Deyton Camp Boat Dock on Santeetlah Lake at 270 Deyton Camp Road otherwise known as SR 1153, in Robbinsville; and

(6)           east of the mouth of Cheoah Point Cove on Santeetlah Lake, beginning at a point at 35.37246 N, 83.87081 W.

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

(c)  Cheoah Point Swimming Area, Lake Santeetlah - No person shall operate a vessel within the Cheoah Point Swimming Area which begins at the head of Cheoah Point Cove.

(d)  Placement of Markers. The Graham County Board of Commissioners shall be the designated agency for the placement of markers implementing this Rule, subject to the authority of the Tennessee Valley Authority and the United States Army Corps of Engineers.

 

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

Eff. May 1, 1989;

Amended Eff. February 1, 1996; February 1, 1994; September 1, 1989;

Temporary Amendment Eff. January 1, 1998;

Amended Eff. May 1, 2004; July 1, 1998;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0361       WILKES COUNTY

(a)  Regulated Area. This Rule shall apply to those waters within 50 yards of any marked boat launching area, bridge, dock, pier, marina, boat storage structure, or boat service area located on W. Kerr Scott Reservoir in Wilkes County.

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

(c)  Placement of Markers. The Wilkes County Board of Commissioners shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. September 1, 1989;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0362       HARNETT COUNTY

(a)  Regulated Area. This Rule shall apply to the following waters in Harnett County:

(1)           the waters of Lake Carolina within 50 yards of any marked boat launching ramp, boat service area, boat pier, boat dock, boat mooring area, boat storage structure, or bridge; and

(2)           the canal between Lake Carolina and Ski Lake from its west end at Lake Carolina at a point at 35.28164 N, 79.03218 W to its east end where it enters Ski Lake at a point at 35.28038 N, 79.02662 W.

(b)  Restricted Zones. Except for authorized personnel of State, County, and Municipal governments and emergency response personnel, no person shall operate a vessel in any restricted zone marked to prevent entry by boats, including designated swimming areas and danger zones near dams and spillways.

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

(d)  Placement of Markers. The Board of Commissioners of Harnett County shall be the designated agency for placement and maintenance of markers implementing this Rule.

 

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

Eff. August 1, 1990;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0363       CASWELL AND PERSON COUNTIES

(a)  Regulated Areas. This Rule shall apply to the waters of Hyco Lake in Caswell and Person counties.

(b)  Speed Limit Near Bridges. No person shall operate a vessel at greater than no‑wake speed within 50 yards of any bridge that crosses the waters of Hyco Lake.

(c)  Speed Limit in Canals. No person shall operate a vessel at greater than no‑wake speed within any canals on Hyco Lake.

(d)  Placement of Markers. The Board of Commissioners of Caswell and Person Counties shall be the designated agencies for placement of the markers implementing this Rule.

 

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

Eff. November 1, 1990;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0364       GREENSBORO

(a)  Regulated Area. This Rule shall apply to the waters of Lake Brandt, Lake Higgins, and Lake Townsend, otherwise known as Greensboro Municipal Reservoirs, within the city limits of Greensboro in Guilford County.

(b)  Speed Limit. No person shall operate a vessel at greater than no wake speed within 50 yards of any marked public boat launching ramp, bridge, dock, marina, boat storage structure, boat service area or pier operated by the City of Greensboro for public use.

(c)  Restricted Zones. No person operating or responsible for the operation of any vessel shall permit it to enter any restricted zone marked to prevent entry by vessels.

(d)  Placement of Markers. The Board of Commissioners of Guilford County shall be the designated agency for placement of markers implementing this Rule.

 

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

Eff. August 1, 1991;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0365       TYRRELL COUNTY

(a)  Regulated Area. This Rule shall apply to the following waters in Tyrrell County:

(1)           the portion of the Scuppernong River from 300 yards north-northwest of the U.S. Highway 64 bridge to 100 yards south-southwest of the U.S. Highway 64 bridge.

(2)           the portion of the Scuppernong River from the point where the canal to the Columbia Boating Access Areas intersects the river and extending 200 feet into the river.

(3)           the waters of the canal that leads to the marina at Taylor's Beach on Albemarle Sound in Columbia, beginning at a point at 35.95559 N, 76.30219 W.

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

(c)  Placement of Markers. The Board of Commissioners of Tyrrell County shall be the designated agency for the placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. December 1, 1993;

Amended Eff. September 1, 2011; December 1, 1994;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0366       Macon COUNTY

(a)  Regulated Area. This Rule shall apply to the following waters of Nantahala Lake:

(1)           Lakes End Cove west of SR 1310 otherwise known as Wayah Road in Topton, shore to shore north of a line from a point on the west shore at 35.19602 N, 83.64184 W to a point on the east shore at 35.19544 N, 83.64053 W; and

(2)           the area within 100 yards of a point at 35.16570 N, 83.64686 W at the end of the Mountain Shadows Community dock, in Topton.

(b)  Speed Limit. No person shall operate a vessel at greater than no-wake speed in the waters of the regulated area specified in Paragraph (a) of this Rule.

(c)  Placement of Markers. The Board of Commissioners of Macon County shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. June 1, 1994;

Amended Eff. October 1, 2016; June 1, 2005;

Readopted Eff. October 1, 2018.

 

15A NCAC 10F .0367       HOKE COUNTY

(a)  Regulated Area. This Rule shall apply to the waters of Rockfish Creek at Camp Rockfish shore to shore, from a line at a point on the north shore at 34.95415 N, 79.03833 W to a point on the south shore at 34.95372 N, 79.03865 W, eastward to a line from a point on the north shore at 34.95439 N, 79.03660 W to a point on the south shore at 34.95351 N, 79.03773 W.

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

(c)  Placement and Maintenance of Markers. The Hoke County Board of Commissioners shall be the designated agency for placement and maintenance of the markers implementing this Rule.

 

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

Temporary Adoption Eff. April 1, 1999;

Eff. July 1, 2000;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0368       TOWN OF NAGS HEAD

(a)  Regulated Area. This Rule shall apply to the waters of the Roanoke Sound extending 600 feet from the shoreline; from the northern boundary of the Old Nags Head Cove Subdivision at a point at 35.95136 N, 75.63233 W to the southern boundary of the Old Nags Head Cove Subdivision at a point at 35.93676 N, 75.62223 W.

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

(c)  Placement of Markers. The Town of Nags Head shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army of Corps of Engineers.

 

History Note:        Authority G.S. 71A-15; 72A-3;

Temporary Adoption Eff. July 1, 2002;

Eff. April 1, 2003;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0369       TOWN OF SWANSBORO

(a)  Regulated Area. This Rule shall apply to the waters of the White Oak River within approximately 50 yards of the shoreline of the Swansboro Town Limits in Onslow County and outside the United States Army Corps of Engineers Swansboro Channel setback, as marked by no-wake buoys, beginning at the N.C. Highway 24 bridge and ending at a point 50 yards southwest of the Casper's Marina pier at 34.68495 N, 77.12195 W.

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

(c)  Placement of Markers. The Town of Swansboro shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army Corps of Engineers.

 

History Note:        Authority G.S. 71A-15; 72A-3;

Eff. October 1, 2004;

Amended Eff. June 1, 2005;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0370       CITY OF ROCKY Mount – rocky mount millpond dam safety zone

(a)  Regulated Area. The waters of the Tar River shore to shore, beginning west of the Falls Road bridge on N.C. Highway 48/43 Business at a point at 35.96016 N, 77.80447 W, extending eastward and ending at the Rocky Mount Millpond Dam and associated abutments and structures, shall be a designated safety zone. Access by swimming or entry of a person in or upon a vessel or any floating object shall be prohibited within the safety zone.

(b)  Paragraph (a) of this Rule shall not apply to persons who, with consent of the City of Rocky Mount, require access for maintaining or repairing facilities associated with the Rocky Mount Millpond Dam, abutments and structures or the Rocky Mount Mills.

(c)  Placement of Markers. The City of Rocky Mount shall be the designated entity for placement and maintenance of buoys and other signs implementing this Rule.

 

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

Eff. May 1, 2004;

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

Amended Eff. October 1, 2019; October 1, 2018.

 

15A NCAC 10F .0371       Belews Lake IN Stokes COUNTy

(a)  Regulated Area. This Rule shall apply to the areas described in Paragraphs (b) and (c) in Belews Lake in Stokes County.

(b)  No swimming or boating in exclusionary zone. No swimming or other entry of a person in or upon a boat, raft, or other floating object shall be permitted in the exclusionary zone in the cove containing the power station's plant intakeon the western side of Belews Lake, approximately 1,000 feet northeast of Belews Creek Steam Station, as marked by warning buoys and signs.

(c)  No swimming or boating in evacuation area in event of alarm. In the event of a siren or audible alarm generated by the Belews Creek Steam Station, all persons swimming, boating, or occupying a raft or other floating object on the lake shall evacuate the area on the western side of Belews Lake approximately 4,000 feet northeast of Belews Creek Station as marked by warning buoys and signs.

(d)  Paragraphs (b) and (c) of this Rule shall not apply to persons who, with consent of Duke Energy Corporation, access the area for the purpose of responding to an emergency or maintaining or repairing facilities of Duke Energy Corporation.

(e)  Placement and Maintenance of Markers. The Duke Energy Corporation shall be the designated entity for placement and maintenance of buoys, barriers and other signs implementing this Rule.

 

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

Emergency Adoption Eff. August 1, 2005;

Temporary Adoption Eff. November 1, 2005;

Eff. February 1, 2006;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0372       HERTFORD COUNTY

(a)  Regulated Area. This Rule shall apply to the portion of the Chowan River at Tuscarora Beach within 65 yards of the shoreline, from a point on the south shore at 36.39028 N, 76.91214 W to a point on the south shore at 36.38820 N, 76.90726 W.

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

(c)  Placement of Markers. The County of Hertford shall be the designated agency for placement of the markers implementing this Rule.

 

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

Eff. May 1, 2006;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0373       TRANSYLVANIA COUNTY

(a)  Regulated Area. This Rule shall apply to Lake Toxaway.

(b)  Speed Limit. No person shall operate a vessel at greater than no‑wake speed within the Lake Toxaway Country Club Marina cove, south of a line from a point on the west shore at 35.14136 N, 82.95424 W to a point on the east shore at 35.14126 N, 82.95303 W.

(c)  Placement and Maintenance of Markers. The Board of Commissioners of Transylvania County shall be the designated agency for placement and maintenance of markers implementing this Rule.

 

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

Eff. November 1, 2007;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0374       cube YADKIN GENERATION SAFETY ZONES

(a)  Regulated Area. This Rule shall apply to the area one hundred feet upstream or downstream from the stations and dams, associated structures, abutments and equipment at the following stations:

(1)           Narrows Hydroelectric Station on the Yadkin River in Stanly and Montgomery Counties;

(2)           High Rock Hydroelectric Station on the Yadkin River in Rowan and Davidson Counties.

(b)  Fishing. Except as otherwise provided in this Paragraph or in Paragraph (c) of this Rule, no person shall enter the waters within the regulated areas described in Paragraph (a) of this Rule, except persons engaged in fishing within the regulated areas described in Paragraph (a) of this Rule may enter these waters in connection with such fishing activities provided that they shall wear at all times a U.S. Coast Guard-approved personal flotation device in serviceable condition and of appropriate size for the wearer.

(c)  Boating. Any person in or upon a boat, raft, or other floating object that enters into the regulated areas described in Paragraph (a) of this Rule shall wear at all times a U.S. Coast Guard approved personal flotation device in serviceable condition and of appropriate size for the wearer.

(d)  No vessel shall tie off to any part of the hydroelectric station structure or the accessory portions thereof within regulated areas described in Paragraph (a) of this Rule or anchor or otherwise secure a vessel in these areas.

(e)  Paragraph (d) of this Rule shall not apply to persons who enter with consent of Cube Yadkin Generation for the purpose of maintaining, repairing, or evaluating facilities of Cube Yadkin Generation; law enforcement or emergency personnel; or N.C. state employees acting in an official capacity.

(f)  Placement and Maintenance of Markers. Cube Yadkin Generation shall be the designated entity for placement and maintenance of buoys and other signs implementing this Rule.

 

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

Eff. January 1, 2008;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0375       DUKE ENERGY CORPORATION HYDROELECTRIC STATION SAFETY ZONES

(a)  Regulated Area. This Rule shall apply to the area one hundred feet upstream or downstream from the stations and dams, and associated structures, abutments and equipment of the Duke Energy Corporation hydroelectric stations and dams listed in Paragraph (f) of this Rule.

(b)  Fishing. Except as otherwise provided in this Paragraph or in Paragraph (c) of this Rule, no person shall enter the waters within the regulated areas described in Paragraph (a) of this Rule. Persons engaged in fishing within the regulated areas described in Paragraph (a) of this Rule may enter these waters in connection with such fishing activities and shall wear a United States Coast Guard-approved personal flotation device in serviceable condition and of appropriate size for the wearer.

(c)  Boating. Any person in or upon a boat, raft or other floating object that enters the regulated area described in Paragraph (a) of this Rule shall wear a United States Coast Guard-approved personal flotation device in serviceable condition and of appropriate size for the wearer. No vessel shall tie off to any part of the dam structure or the accessory portions, nor anchor or otherwise secure a vessel within regulated areas described in Paragraph (a) of this Rule.

(d)  Paragraph (c) of this Rule shall not apply to persons who enter with consent of Duke Energy Corporation for the purpose of maintaining, repairing or evaluating facilities of Duke Energy Corporation; law enforcement or emergency personnel; or North Carolina state employees acting in an official capacity.

(e)  Placement and Maintenance of Markers. Duke Energy Corporation shall be the designated entity for placement and maintenance of buoys and other signs implementing this Rule.

(f)  Duke Energy Corporation hydroelectric stations and dams affected by this Rule:

(1)           Bridgewater Hydroelectric Station including Paddy Creek Dam, Linville Dam and Catawba Dam in the Catawba River in Burke and McDowell counties;

(2)           Cowans Ford Hydroelectric Station including Cowans Ford Dam in the Catawba River in Lincoln and Mecklenburg counties;

(3)           Lookout Hydroelectric Station including Lookout Dam in the Catawba River in Catawba and Iredell counties;

(4)           Mountain Island Hydroelectric Station including Mountain Island Dam in the Catawba River in Gaston and Mecklenburg counties;

(5)           Oxford Hydroelectric Station including Oxford Dam in the Catawba River in Alexander and Catawba counties;

(6)           Rhodhiss Hydroelectric Station including Rhodhiss Dam in the Catawba River in Burke and Caldwell counties; and

(7)           Tuxedo Hydroelectric Station including Tuxedo Dam in the Green River in Henderson County.

 

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

Eff. January 1, 2008;

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

Amended Eff. October 1, 2018.

 

15A NCAC 10F .0376       TOWN OF emerald isle

(a)  Regulated Area. This Rule shall apply to the following waters located in the Town of Emerald Isle in Carteret County:

(1)           Bogue Sound Drive Channel shore to shore, roughly parallel to the shoreline in the vicinity of Bogue Sound Drive, from a point where the channel meets Bogue Sound in the west at 34.67471 N, 76.98684 W to a point where it meets Bogue Sound in the east at 34.67588 N, 76.97760 W;

(2)           Coast Guard Channel shore to shore from the north entrance of the channel where it intersects Bogue Sound near 419 Channel Drive, south from a point in the water at 34.65348 N, 77.09560 W, to the west end of the channel where it intersects Bogue Sound, near 116 Bogue Court, east-northeast from a point in the water at 34.64820 N, 77.09731 W; and

(3)           the waters within approximately 100 yards of the shoreline of Bogue Sound adjacent to Archer Point, south of and including a portion of the Emerald Isle channel, bounded on the west side by a line running north from 34.67553 N, 77.01535 W to the northern side of the channel, and on the east side by a line running northeast from 34.67519 N, 77.01279 W to the northern side of the channel.

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

(c)  Placement of Markers. The Town of Emerald Isle shall be the designated agency for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. September 1, 2008;

Amended Eff. August 1, 2011; April 1, 2009;

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

Amended Eff. October 1, 2018.

 

15A ncac 10f .0377       JACKSON COUNTY

(a)  This Rule applies to the public swimming area known as the Pines Recreation Swim Area on Lake Glenville.  The public swimming area shall be marked with four no-boats buoys set at the following locations: 35.19789 N, 83.16094 W; 35.19758 N, 83.16064 W; 35.19742 N, 83.16031 W; and 35.19742 N, 83.15983 W.

(b)  No person operating or responsible for the operation of a vessel shall permit it to enter the marked public swimming area described in Paragraph (a) of this Rule.

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Jackson County or Duke Energy Carolinas, LLC shall be designated as suitable entities for placement and maintenance of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

 

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

Eff. May 1, 2016.