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Repealed Eff.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)  General.  Every owner applying for a certificate of number or certificate of title of a vessel required to be numbered pursuant to G.S. 75A-4 and 75A-7 or required to be titled pursuant to G.S. 75A-34 and 75A-35 shall apply to the North Carolina Wildlife Resources Commission or to one of its Wildlife Service Agents for a certificate of number or certificate of title using an application provided by the Wildlife Resources Commission.  The application shall contain the following information:

(1)           name of owner(s);

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

(3)           present or previous certificate of number (if any);

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

(5)           primary use of vessel (pleasure, livery, demonstration, commercial passenger, commercial fishing, other commercial, other);

(6)           model of vessel (if known);

(7)           manufacturer (if known);

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

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

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

(11)         type of vessel (open, cabin, houseboat, personal watercraft, pontoon, other);

(12)         hull material (wood, metal, fiberglass, inflatable, plastic, other);

(13)         type of propulsion (inboard; outboard; inboard-outdrive; jet drive; sail; auxiliary sail/inboard; auxiliary sail/outboard, other);

(14)         type of fuel (gasoline, diesel, electric, other);

(15)         proof of ownership document;

(16)         signature of owner(s);

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

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

(19)         effective lien date;

(20)         county where vessel is taxed; and

(21)         status of United States Coast Guard documentation.

(b)  Application for certificate of number and certificate of title.  The owner(s) shall complete and submit an application for a certificate of number, along with the proof of ownership document and applicable fees to the Wildlife Resources Commission or one of its authorized 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 owner may use a copy of the proof of ownership document, provided it contains the date of sale, as a temporary certificate of number pending receipt of the original certificate.  If the vessel is 14 feet or longer or is a personal watercraft, then a Certificate of Title for Vessel shall be issued, including recordation of any liens listed on the application.

(c)  Livery Vessel Owners.  A "livery vessel" is one that is rented or leased to an individual for a specific time period by the owners(s).  The certificate of numbering and certificate of titling requirements of G.S. 75A-4, 75A-7, 75A-34, and 75A-35 apply to livery vessels. Upon receipt of a completed application, a copy of the lease or rental agreement form and fee, the Wildlife Resources Commission shall issue to the applicant a certificate of number and, if applicable according to the standards in Paragraph (b) of this Rule, a certificate of title.

(d)  Dealers and Manufacturers of Vessels.  A "manufacturer" as the term is used in this Rule is defined as a person, firm, or corporation engaged in the business of manufacturing vessels either upon prior commission or for the purpose of selling them after manufacture.  A "dealer" as the term is used in this Rule is defined as a person, firm, or corporation engaged in the business of offering vessels for sale at retail or wholesale from an established location(s).  The certificate of numbering requirements of G.S. 75A-4 and 75A-7 apply to vessels belonging to dealers and manufacturers. Upon receipt of a completed application and fee, the Wildlife Resources 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 certificate of numbers shall not be transferred. A new certificate of number shall be issued upon 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 Paragraph (a) of this Rule.  Additional dealer's or manufacturer's certificates of number may be obtained by making application in the same manner as prescribed for the initial certificate with payment of an additional fee for each additional certificate.  Dealers and manufacturers may register individual vessels in accordance with Rule .0104(a) of this Section.

(e)  Government Agency Vessels.  The certificate of numbering requirements of G.S. 75A-4 and 75A-7 apply to vessels belonging to state or local government agencies.  Upon receipt of a completed application from a state or local government agency, the Wildlife Resources Commission shall issue to the applicant a permanent certificate of number. There is no fee for a permanent state or local government agency certificate of number and the certificate is valid until the vessel is transferred to another government agency, an individual, business, or dealer.  Government agency registered vessels shall not be titled.

(f)  Commercial Fishing Vessel.  The certificate of numbering and certificate of titling requirements of G.S. 75A-4, 75A-7, 75A-34, and 75A-35 apply to commercial fishing vessels.  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, as provided for in G.S. 75A-3 and 75A-5,the Wildlife Resources Commission shall issue to the applicant a certificate of number and, if applicable according to the standards in Paragraph (b) of this Rule, a certificate of title.

(g)  Commercial Passenger Vessel.  The certificate of numbering requirements of G.S. 75A-4, 75A-7, 75A-34, and 75A-35 apply to commercial passenger vessels.  Upon receipt of a completed application, proof of ownership document, and fee, the Wildlife Resources Commission shall issue to the applicant a certificate of number and, if applicable according to the standards in Paragraph (b) of this Rule, 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.

 

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 owner(s) to another.

(A)          When the ownership of a titled vessel is transferred, the owner(s) listed on the face of the Certificate of Title for Vessel shall complete the Assignment of Title section on the reverse side of the Certificate of Title and surrender the title to the new owner(s).  All outstanding liens shall be satisfied before the Certificate of Title is surrendered to the new owners(s). 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 owner(s) or estate representative shall provide the new owner(s) with documents establishing ownership.

(B)          The new owner(s) shall submit an application for a certificate of number and certificate of title, along with the properly assigned Certificate of Title and applicable fees to the Wildlife Resources Commission or one of its authorized agents for processing within 15 days of the date of sale.  The new owner(s) shall indicate on the application whether or not any liens exist on the vessel.  If applicable, a new Certificate of Title for Vessel shall be issued, including recordation of any new liens listed on the application.  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 to vessels 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 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 owner(s) listed on the face of the Certificate of Title for Vessel 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 owner(s) the original Certificate of Title completed by the previous owner(s) and a Dealer Bill of sale.  The Dealer's Bill of Sale shall include the dealer's name, the name of the new owner(s), the date of sale, certificate of number, manufacturer's hull identification number, model, year, and length of the vessel.  The Dealer's Bill of Sale shall be signed by both the dealer and the new owner(s).

(C)          The new owner(s) shall complete and submit the standard 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 to the Wildlife Resources Commission or one of its authorized agents for processing within 15 days of the date of sale.  If applicable, a new Certificate of Title for Vessel shall be issued, including recordation of any new liens listed on the application.  The original certificate of number shall be retained when a vessel, previously registered in North Carolina, is transferred to a new owner(s).  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's Bill of Sale as a temporary certificate of number pending receipt of his 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 owner(s) shall complete a notarized bill of sale. The bill of sale shall be given to the new owner and shall include the previous owner's name, the new owner's name, the date of sale or gift, certificate of number, manufacturer's hull identification number, 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 owner(s) or representative of the estate shall provide the new owner(s) 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, to the Wildlife Resources Commission or one of its authorized agents for processing within 15 days of the date of sale or gift.  If applicable, a new Certificate of Title for Vessel shall be issued, including recordation of any new liens listed on the application.  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 to vessels 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, provided it contains the date of sale, as a temporary certificate of number pending receipt of his 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 owner(s) 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 owner's name, date of sale, certificate of number, manufacturer's hull identification number, model, year, and length of the vessel. The signature of the previous owner(s) shall be notarized. 

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

(C)          The new owner(s) shall complete and submit the standard application for a certificate of number and Certificate of Title, along with the proof of ownership document and applicable fees to the Wildlife Resources Commission or one of its authorized agents for processing within 15 days of the date of sale.  If applicable, a new Certificate of Title for Vessel shall be issued, including recordation of any new liens listed on the application.  The original certificate of number shall be retained when a vessel, previously registered in North Carolina, is transferred to a new owner(s).  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's bill of sale as a temporary certificate of number pending receipt of his 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.

 

15A NCAC 10F .0104        CERTIFICATE OF NUMBER

(a)  General.  Upon receipt of a completed application, proof of ownership document, and applicable fee(s), the Wildlife Resources Commission shall issue to the applicant a certificate of number which shall authorize 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)           name of owner(s), dealer or manufacturer;

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

(3)           title indicator;

(4)           certificate of number awarded to vessel;

(5)           expiration date of the certificate of number;

(6)           use of vessel (pleasure, livery, demonstration, commercial passenger, commercial fishing, other commercial; other);

(7)           model of vessel (if known);

(8)           manufacturer (if known);

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

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

(11)         overall length of vessel;

(12)         type of vessel (open, cabin, houseboat, personal watercraft, pontoon, other);

(13)         hull material (wood, metal, fiberglass, plastic, inflatable, other);

(14)         type of propulsion (inboard, outboard, inboard‑outdrive, sail, auxiliary sail/inboard, auxiliary sail/outboard, jet drive);

(15)         type of fuel (gasoline, diesel, electric, other);

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

(17)         signature of owner;

(18)         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 more than two thousand dollars ($2,000.00);

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

(b)  Livery Vessel Owners.  The certificate of number awarded to a livery vessel shall be marked "livery vessel" and shall include the same information in Paragraph (a) of this Rule. 

(c)  Dealers and Manufacturers.  The certificate of number awarded to dealers and manufacturers shall be marked "dealer" or "manufacturer" in lieu of the description of the vessel, motor and type of fuel.  Any dealer or manufacturer demonstrating or testing a vessel may utilize a set of dealer's numbers and the corresponding dealer's certificate of number to operate any 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 whatsoever other than for demonstration and testing purposes must be individually registered in the name of the dealer in accordance with Paragraph (a) of this Rule.

(d)  Government agency.  The certificate of number awarded to State or local government agencies shall be marked "permanent" and shall include the same information in Paragraph (a) of this Rule; however, there will be no title indicator or expiration date listed for permanent certificate of numbers.

(e)  Commercial Fishing.  The certificate of number awarded to a commercial fishing vessel shall be marked "commercial fishing" and shall include the same information in Paragraph (a) of this Rule.

(f)  Commercial Passenger.  The certificate of number awarded to a commercial passenger vessel shall be marked "commercial passenger" and shall include the same information in Paragraph (a) of this Rule.

(g)  Vessel Registration Agents.  In order to make certificates of number readily available throughout the State, vessel dealers, manufacturers, and other related businesses which operate from locations within North Carolina may be appointed as wildlife service agents of the Wildlife Resources Commission and authorized to issue temporary certificates of number for new registrations, transfers of ownership, renewal and duplicate transactions.  All official certificates of numbers shall be processed and mailed from the Wildlife Resources Commission headquarters.  Rules governing the appointment and operations of wildlife service agents are contained in 15A NCAC 10G .0400 Wildlife Service Agents.

 

History Note:        Legislative Objection Lodged Eff. December 16, 1980;

Authority G.S. 75A‑3; 75A‑5; 75A‑7; 75A‑19; 33 C.F.R. 174.19;

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.

 

15A NCAC 10F .0105        NUMBERING PATTERN

(a)  General. The certificate of number assigned shall consist of the symbol "NC" identifying the state, followed by not more than four Arabic numerals and two capital letters, in sequence, separated by a hyphen or equivalent space, in accordance with the serials, numerically and alphabetically.  As examples:  NC‑1‑A or NC‑1234‑AA.

(b)  Individual.  Since the letters "I," "O," and "Q" may be mistaken for Arabic numerals, they shall not be used in the letter sequences.  Letters, or letters and numbers forming words or combinations shall not be used.

(c)  Government Agency.  The single letter "P" shall be reserved for use following the numerals of vessels numbered by governmental entities.

(d)  Dealer/Manufacturer.  The single letter "X" shall be reserved for use following the numerals of vessels numbered for demonstration purposes by dealers and manufacturers. 

 

History Note:        Authority G.S. 75A‑3; 75A‑5; 75A‑7; 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.

 

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 for identification.  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; i.e., dark numbers on a light background, or light numbers on a dark background.

(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 such vessel.

(c)  Manufacturers or dealers may have the number awarded to them printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated, so long as the display meets the requirements of the Rules in this Section.  Where a currently or previously-numbered vessel is being demonstrated with a set of dealer's numbers, the 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 to a private individual(s) or business, the new owner shall apply to the Wildlife Resources Commission for a new certificate of number and shall be assigned a new certificate of number.

(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.

 

15A NCAC 10F .0107        VALIDATION DECAL

In addition to the certificate of number, the Wildlife Resources Commission shall supply to the owner of each vessel that is numbered, two validation decals indicating the year of expiration.  The owner shall affix one validation decal in a position that is visible and legible on the starboard bow and one validation decal on the port side bow of the vessel following and within six inches of the vessel number. The owner of 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.  Any validation decals issued for a vessel numbered on application by a governmental entity shall contain no expiration date, but 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 any such vessel is transferred to private ownership, the decals shall be removed or obliterated 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.

 

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)  Whenever a wildlife service 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 on the temporary certificate of number pending receipt of the regular certificate.

(b)  In order to be valid, the temporary certificate of number shall contain the following:

(1)           name of issuing wildlife service agent;

(2)           name and address of owner(s), dealer or manufacturer;

(3)           title indicator;

(4)           certificate of number;

(5)           use of vessel (pleasure, livery, demonstration, commercial passenger, commercial fishing, other commercial, other;

(6)           model of vessel;

(7)           manufacturer;

(8)           year of manufacture or model year;

(9)           manufacturer's hull identification number;

(10)         length of vessel;

(11)         type of vessel (open, cabin, houseboat, personal watercraft, pontoon, other);

(12)         hull material (wood, metal, fiberglass, plastic, inflatable, other);

(13)         type of propulsion; (inboard, outboard, inboard-outdrive; sail, auxiliary sail/inboard, auxiliary sail/outboard, jet drive);

(14)         type of fuel (gasoline, diesel, electric, other);

(15)         date temporary certificate of number is issued;

(16)         date temporary certificate of number expires;

(17)         transaction status;

(18)         signature of owner(s).

 

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.

 

15A NCAC 10F .0110        abandoned vessels

(a)  General.  An abandoned vessel is defined as a vessel that has been relinquished, left or given up by the lawful owner(s) without the intention to later resume any right or interest in such vessel.  It does not include any vessel left by an owner(s) or agent of the owner(s) with any person or business for the purpose of storage, maintenance or repair which is not subsequently claimed.

(b)  Abandonment:  A person finding an abandoned vessel can become the registered and titled owner of the vessel, provided the previous owner(s) cannot be located and that they have not reported the vessel missing or stolen.  The applicant shall comply with the following procedures to seek ownership of such vessel:

(1)           The Finder shall send a Certified Letter, return receipt requested, to the last registered owner(s).  The Finder shall demonstrate to Wildlife Resources Commission that this letter was not deliverable or that the last registered owner(s) failed to acknowledge or respond.

(2)           The Finder shall provide to the Wildlife Resources Commission a written police report stating that the abandoned vessel has not been reported missing or stolen in the area where it is listed as being moored.

(3)           The Finder shall complete and submit an application for a certificate of number and certificate of title, along with a notarized statement summarizing when and where the vessel was found, the evidenced attempts to locate the owner(s), any available evidence that the vessel is abandoned, statements from any other persons knowledgeable about the history of the vessel and applicable fees to the Wildlife Resources Commission.

(c)  The Wildlife Resources Commission shall consider the evidence and documentation presented.  If Wildlife Resources Commission determines that the vessel has been abandoned, it shall issue a certificate of number and certificate of title to the applicant.

 

History Note:        Authority G.S. 113-134; 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.

 

SECTION .0200 ‑ SAFETY EQUIPMENT AND ACCIDENT REPORTS

 

15A NCAC 10F .0201        Safety Equipment

(a)  Federal Regulations Adopted.  As its regulations governing required equipment of vessels as defined in G.S. 75A-2(5), pursuant to G.S. 75A-6, the Wildlife Resources Commission incorporates by reference, including subsequent amendments and editions, the following federal regulations, to be applicable to vessels operated on all waters of this state as defined by G.S. 75A-2(6):  Code of Federal Regulations, Title 46, Part 25, and Title 33, Part 175, as supplemented by the Federal Register.  To the extent that the vessel equipment requirements of G.S. 75A-6 conflict with these federal regulations, they are hereby modified to conform to the federal regulations as authorized by G.S. 75A-6(m) and 113-307.

Without limitation to the adoption of the Federal regulations named herein, Paragraphs (b) through (g) apply to vessels operating in State waters.

(b)  Personal flotation devices (hereinafter referred to as PFDs) are required as follows except as provided in Subparagraph (6) of this Paragraph:

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

(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 such vessel is underway with any child under 13 years old aboard unless each such child is:

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

(B)          below decks; or

(C)          in an enclosed cabin.

This Subparagraph does 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 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)          USCG approved; and

(D)          legibly marked with its approval number, as specified in CFR Title 46 Part 25 and CFR Title 33 Part 175.

(6)           Exemptions:

(A)          Canoes and kayaks 16 feet in length and over are 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 routinely used as water toys or swimming aids are exempted from the requirements for carriage of any type 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 provided, row, scull, or paddle, are exempted from the requirements for carriage of any type PFD required under this Paragraph.

(c)  Fire Extinguishers are 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 any one of the following conditions exist:

(A)          closed compartments under thwarts and seats wherein portable fuel tanks may be stored;

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

(C)          closed living spaces;

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

(E)           permanently installed fuel tanks; or

(F)           motorboats of Class 2 or longer.

(2)           Motorboats of Class A and 1 (less than 26 feet):  One Type B-I

(3)           Motorboats of Class 2 Two Type B-I extinguishers

(4)           Motorboats of Class 3 Three Type B-I extinguishers

(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 is equal to one Type B-I hand portable fire extinguisher.

Exemption to fire extinguisher requirements:  Open Vessels.  Vessels less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry such portable fire extinguishers if the construction of such motorboats 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 must be equipped with an acceptable means of backfire flame control.  An acceptable means of backfire flame control must meet the requirements of CFR Title 46 Part 25 and CFR Title 33 Part 175.

(e)  Every vessel, except those open vessels defined in Paragraph (c) of this Rule, using as fuel any liquid of a volatile nature, shall be provided with such means of properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.  Proper and efficient ventilation meets the requirements of CFR Title 46 Part 25 and CFR Title 33 Part 175.

(f)  Sound Devices

(1)           Vessels of less than 12 meters (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 (39.4 feet) in length shall be provided with a whistle and a bell which complies 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.  During such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with keeping a proper lookout.  They may be exhibited in all other circumstances when deemed necessary:

(1)           Vessels equal to or greater than 12 meters (39.4 feet) but less than 20 meters (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 less than 12 meters (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 (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 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 (23 feet) in length shall, if practicable, exhibit the lights prescribed in Subparagraph (3) or (4) of this Paragraph; if not the vessel shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent a collision;

(6)           A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels; but if not, it shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent a collision; and

(7)           Vessels of 10 Horsepower or Less.  On waters of this State 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.  On waters of this State that are subject to the jurisdiction of the United States, this exception, though permissible under state law, is not sanctioned by any federal law or regulation.

 

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.

 

15A NCAC 10F .0202        ACCIDENT REPORTS

(a)  "Boating Accident" Defined.  For the purpose of this Regulation a "boating accident" means a collision, accident, casualty or occurrence involving a vessel or its equipment and resulting in damage by or to the vessel, its equipment, or other property; in injury or loss of life to any person; or in the disappearance of any person from a vessel under circumstances which indicate the possibility of death or injury.  A "boating accident" includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft.

(b)  Federal Regulations Adopted.  As its regulations governing the reporting of boating accidents and notification of death or disappearance of persons from vessels operating on the waters of this State, the Wildlife Resources Commission incorporates by reference Subpart C of Part 173 of Title 33 of the Code of Federal Regulations, and includes subsequent amendments which will be published in the Federal Register.

(c)  Use of Report.  The accident reports required under Paragraph (b) 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.  No such report shall be admissible as evidence.

 

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.

 

SECTION .0300 ‑ LOCAL WATER SAFETY REGULATIONS

 

15A NCAC 10F .0301        GENERAL PROVISIONS

(a)  Applicability.  Except as limited by the subject matter, all of the provisions of this Rule apply to all public waters located within the territorial limits of the counties and municipalities in which special regulations are set forth for specific waters or regulated areas by the succeeding rules.

(b)  Definitions.  Unless the context requires otherwise, the definitions used in G.S.75A apply within these regulations.  In addition, the following definitions apply in these regulations:

(1)           Commission.  North Carolina Wildlife Resources Commission;

(2)           Executive Director.  Executive Director of the Commission;

(3)           No‑Wake Speed.  Idle speed or a slow speed creating no appreciable wake;

(4)           Uniform System.  Uniform Waterway Marking System and the supplementary standards for such system promulgated by the Commission.

(c)  Marking of Regulated Areas.  The Executive Director may designate agencies for placement and maintenance of markers for regulated areas established by rules promulgated pursuant to this Section.  The agency designated by the Executive Director may delegate the actual placement and maintenance of such markers to some other agency, corporation, group or individual, so long as the designating agency exercises supervisory authority over such agency, corporation, group or individual.  Prior to marking a restricted zone established pursuant to G.S. 75A‑15, the designated agency for placement and maintenance of the markers must obtain written approval from the Executive Director by making a written request for permission to mark the area specifically described therein.  Enforcement of the restrictions set forth in Rule .0302 et seq. of this Section is dependent upon placement and maintenance of adequate marking of the regulated areas by suitable agencies, as designated in those rules, in accordance with the requirements of the Uniform Waterway Marking System, which are hereby incorporated by reference, and automatically include any later amendments of the incorporated matter as authorized by G.S. 150B‑21.6 and the supplementary standards for such system promulgated by the Commission in Paragraph (g) of this Rule.  Unless a specific variance is granted, placement and maintenance of the markers must be and remain in accordance with the uniform system.  The Executive Director or his representative is instructed to supervise and approve placement and maintenance of individual markers to insure full implementation of the objectives of the uniform system.

(d)  Implementation of Uniform Waterway Marking System.  Except where done by virtue of the supervening federal authority, it is unlawful for anyone to place, maintain, or to allow to remain in place, any regulatory markers or navigational aids of the sort included in the uniform system in any waters without authorization of the Commission.  The Executive Director is authorized to approve placement of the navigational aids, informational markers, and regulatory markers warning of dangers and not requiring enforcement sanctions, in accordance with both public interest in recreational use and water safety and in accordance with the policies embodied in the uniform system.

(e)  Removal of Unauthorized Markers.  Markers or navigational aids which do not conform to the specifications of the uniform system or which are placed without lawful authority or permission, where the person responsible for the actual placement cannot be feasibly determined, may be removed by agents of the Commission.  Nonconforming markers as to which the person responsible for placement and maintenance is known, may nevertheless be removed by agents of the Commission if such markers are likely to mislead the public or cause a dangerous situation. Where agents of the Commission discover authorized markers which have been improperly placed or are defective through lack of maintenance, such agents may serve written notice upon the person responsible for such improper placement or for the maintenance of the marker concerned.  If, within 10 days no action has been taken in accordance with the notice given, such default constitutes a violation of these regulations.

(f)  Miscellaneous Restrictions.  Except for mooring buoys or markers as to which it is specifically permitted, it is unlawful to tie a vessel to any waterway marker.  It is unlawful for any unauthorized person to move, remove, damage, obstruct, paint over, or in any way tamper with any marker lawfully placed in the waters of North Carolina in conformity with these regulations or the uniform system generally.

(g)  Supplementary Standards.  The standards listed in this Paragraph are supplementary to the Uniform Waterway Marking System and shall be applicable in the succeeding rules of this Section to the areas of water thereby regulated:

(1)           The perimeter of swimming areas in the water must be marked with float lines which, in conjunction with the shoreline, form a completely enclosed area.  The total enclosed area may not exceed 5,000 square feet.  Such area may not extend out into the water sufficiently as to restrict travel unduly on any regular navigational channel or otherwise to obstruct passage of vessels in reasonably using the waters.

(2)           Float lines must have attached floats along their length at intervals of not less than one every 10 feet.

(3)           Floats must be buoyant enough to float at the surface of the water while attached to the float line, but no float may exceed a size of 18 inches as measured across its largest dimension.

(4)           Floats may be solid or hollow and preferably should be of plastic or other light and resilient material not likely to cause injury should one strike a swimmer in the water.

(5)           Floats must be either solid white or solid international orange in color.  Float lines may consist of all white floats or of alternating white and orange floats.

(6)           Buoys or floating signs indicating the "boats‑keep‑out" symbol of the uniform system and in conformity with its standards must be attached to the float lines at such points as necessary to give warning to the vessels approaching the swimming area from various directions.

(7)           Float lines and warning markers must be anchored securely to prevent them from shifting position to any appreciable extent under normal conditions.

(8)           All markers warning of a no‑wake speed zone around certain facilities must be buoys or floating signs placed in the water at a distance of not greater than 50 yards from the protected facility.  The markers must be sufficient in number and size as to give adequate warning of the restriction to the vessels approaching from various directions.

(9)           The boundaries of mooring areas may be defined by the placement of the speed zone warning markers themselves or by such warning markers plus additional boundary floats or markers that may be approved by the Executive Director or his representative.

 

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

 

 

 

15A NCAC 10F .0302        ATLANTIC BEACH

(a)  Regulated Areas.  This Rule applies to the following waters in Atlantic Beach:

(1)           the waters of the canals within the subdivisions of Atlantic Beach Isles and Sound View Isles within the town limits of Atlantic Beach;

(2)           the waters of Bogue Sound from the east side of Channel Bay Mobile Home Park running westerly to the west side of North Shore Mobile Home Park extending 55 yards from the shore;

(3)           the waters of Bogue Sound extending 50 yards on each side of the entrance to Hoop Pole Creek Bay and 50 yards on each side of the four boat ramps in Hoop Pole Creek Bay;

(4)           the waters of Bogue Sound beginning at day markers #3PA (green) and #4PA (red) at the entrance to the 8 ½ Marina Channel running to day markers #7PA (green) and #8PA (red) extending the length of the canal to and 50 yards on each side of the boat ramp at 8 ½ Marina Village.

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

(c)  Placement and Maintenance of Markers.  The Town of Atlantic Beach is designated as a suitable agency 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. February 1, 1976;

Amended Eff. July 1, 1998.

 

15A NCAC 10F .0303        BEAUFORT COUNTY

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

(1)           that 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)           that 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)           that 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 35.43645 N, 76.96998 W; and

(6)           that 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.  It is unlawful to operate a vessel at greater than no-wake speed in the regulated areas described in Paragraph (a) of this Rule.

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Beaufort County and the City Council of the City of Washington are designated as suitable 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. 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.

 

15A NCAC 10F .0304        BLADEN COUNTY

(a)  Regulated Area.  The portion of White Lake between the shoreline and the offshore marker poles which were installed in the lake by the State Parks Division of the Department of Environment, Health, and Natural Resources is designated as the restricted area.

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

(c)  Skiing.  No skiing is 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.

(d)  Speed Limit.  Within the restricted area all vessels, except those engaged in skiing as regulated by Paragraph (c) 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.

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Bladen County, the Town of White Lake, and the State Parks Division are designated as suitable agencies for placement and maintenance of adequate marking to implement the regulations listed above.

 

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.

 

15A NCAC 10F .0305        BRUNSWICK COUNTY

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

(1)           Lockwoods Folly River.  An area on that portion of the Lockwood Folly River beginning 1500 feet north of the boat ramp at the end of State Road 1123 and extending downstream to a point 800 feet south of said boat ramp and the portion of Mill Creek beginning at its intersection with the Lockwood Folly River and extending upstream for 100 feet.

(2)           Calabash River.  An area located on the Calabash River beginning 100 feet west of the Billy Cox Landing and extending 100 feet east of Captain Harry's Landing.

(3)           State Port Authority Small Boat Harbor.  Beginning at the Intracoastal Waterway on the easterly side of the North Carolina State Port Authority Small Boat Harbor; thence runs along and with the easterly boundary of the said boat harbor basin and along the northerly boundary and westerly boundary thereof to a point at the intersection of the westerly boundary of said boat harbor with the highwater mark of the Intracoastal Waterway; runs thence in an easterly direction with the highwater mark of the Intracoastal Waterway to the place and point of beginning, and being the entire small boat harbor in Southport.

(4)           Shallotte River.  The portion of the Shallotte River beginning at its intersection with the Intracoastal Waterway and extending from the northern boundary of the Intracoastal Waterway for a distance of 500 feet to the north, to be marked by appropriate markers.

(5)           Big Davis Creek.  That part of Big Davis Creek within 100 yards of Sportsman Inn at Blue Water Point Marina near Long Beach.

(6)           Town of Ocean Isle Beach.  Those waters in the canals, both natural and concrete, which are located on the south side of the Intracoastal Waterway in the Town of Ocean Isle Beach.

(7)           Town Creek.  The 200 yard portion of Town Creek lying in Town Creek Colony as delineated by no wake zone markers.

(8)           Town of Oak Island.  That part of Big Davis Canal within the Town of Oak Island starting with the entrance from the Intracoastal Waterway at the end of Yacht Drive SW upstream to the canal end at 40th Street, NE.

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

(c)  Placement and Maintenance of Markers.  Subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers, the following agencies are designated suitable agencies for the placement and maintenance of markers implementing this Rule:

(1)           The Board of Aldermen of Varnamtown as to areas indicated in Paragraph (a), Subparagraph (1) of this Rule.

(2)           The Board of Commissioners of Brunswick County as to areas indicated in Paragraph (a), Subparagraphs (2)-(8) 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.

 

15A NCAC 10F .0306        CAROLINA BEACH

(a)  Regulated Area.  This Rule applies to those waters known as Carolina Beach Yacht Basin bounded on the north by a line perpendicular to Florida Avenue and intersecting marker number "2" in the channel of the yacht basin, and on the south by the terminus of the yacht basin at the Carolina Beach Municipal Marina.

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

(c)  Placement and Maintenance of Markers.  The Carolina Beach Town Council is designated a suitable agency 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. 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.

 

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

(a)  Regulated Area.  This Rule applies to Lake Norman which is located in the counties of Catawba, Iredell, Lincoln and Mecklenburg.

(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, bridge, dock, pier, marina, boat storage structure, or boat service area on the waters of Lake Norman.

(c)  Speed Limit Near Parks:  No person shall operate a vessel greater than no‑wake speed within 50 yards of the following parks as designated by markers:

(1)           Jetton Park;

(2)           Brown's Cove Park.

(d)  Specific Speed Zones:  No person shall operate a vessel at greater than no-wake speed in the following designated waters:

(1)           the entire area of Bluff Point Cove;

(2)           that cove immediately north of the inlet of Hager Creek.

(e)  Restricted 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.

(f)  Placement and Maintenance of Markers.  Each of the boards of commissioners of the above‑named counties is designated a suitable agency for placement and maintenance of navigational aids and regulatory markers of a general nature on the waters of Lake Norman within the boundaries of each respective county.  Provided the said counties exercise their supervisory responsibility, they may delegate the actual process of placement or maintenance of such markers to some other agency, corporation, group, or individual.

With regard to marking the restricted zones described above, markers may be placed and maintained by the individuals using the protected areas and facilities in accordance with the Uniform Waterway Marking System and supplementary standards as set forth in Rule .0301(g)(1) to (8) of this Section.

(g)  Markers Reflecting County Regulation.  Where any marker conforming or required to conform to the uniform system is placed in or near Lake Norman advising the public of the provisions of any local act or of county ordinances made under the authority of any local act and:

(1)           Such provisions are not within the enforcement jurisdiction of the Commission; and

(2)           The Commission has not passed regulations of an identical or closely similar nature to that of the provisions in question, such marker to be deemed in conformity with the uniform system must bear on it the legend "County Regulation" at such a place or at such places as needed to indicate which provisions are not enforceable by the Commission as a matter of state law.

(h)  Miscellaneous Restrictions.  In addition to the acts prohibited by Paragraph (f) of Rule .0301 of this Section, it is unlawful to commit any such act with respect to any marker placed or erected under the authority of Chapter 1205 of the 1965 Session Laws of the State of North Carolina by any one of the above named counties or by them jointly.

 

History Note:        Authority G.S. 75A‑3; 75A‑15; S.L. 1965, c. 1205;

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.

 

15A NCAC 10F .0308        CLAY COUNTY

(a)  Regulated Areas. It is unlawful to operate any motorboat or vessel at greater than no‑wake speed in the following areas on 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)           that 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)  Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area established with the approval of the Executive Director, or his representative, on the regulated area.

(c)  Placement and Maintenance of Markers. The Board of Commissioners of Clay County is designated a suitable 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. June 1, 2017.

 

15A NCAC 10F .0309        COLUMBUS COUNTY

(a)  Regulated Areas

(1)           Restricted Area.  The portion of Lake Waccamaw between the shoreline and the offshore marker poles which were installed in the lake by the State Parks Division of the Department of Environment, Health, and Natural Resources is designated as a restricted area.

(2)           Swimming Areas.  Areas at public beaches on Lake Waccamaw in which swimming is the principal use of the water, and which are so marked in accordance with the Uniform Waterway Marking System, are designated as public swimming areas.

(b)  Skiing.  Except to leave or return to the shore, or a dock or pier, no skiing is permitted within the restricted area.  In leaving or returning to the shore, or a dock or pier, all vessels pulling skiers must be operated on a course perpendicular to the shoreline.  Upon dropping skiers, boat speed shall be reduced to a no‑wake speed.

(c)  Speed Limit.  Within the restricted area all vessels, except those engaged in skiing as regulated by Paragraph (b) 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.

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

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Columbus County, the Town of Lake Waccamaw, and state parks division are designated as suitable agencies for placement and maintenance of adequate marking to implement the regulations listed above.

 

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.

 

15A NCAC 10F .0310        DARE COUNTY

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

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

(2)           Hatteras.

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

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

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

(4)           Nags Head:

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

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

(5)           Wanchese:

(A)          The waters of Wanchese Harbor;

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

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

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

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

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

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

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

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

(13)         The waters of Baum Bay Harbor.

(14)         The waters of High Bridge Creek.

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

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

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

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

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

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

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

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

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

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

 

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

Eff. February 1, 1976;

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

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

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

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

 

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

(a)  Regulated Areas.  This Rule applies 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.

(2)           Camp Kerr Lake, Vance County - Within the waters of the cove where the Camp Kerr Lake boat ramp is located.

(3)           Lower Mill Creek, Vance County -Beginning at a point on the eastern side of Lower Mill Creek where it intersects the North Carolina - Virginia state line, running across the creek with said state line and then running in a southerly direction on both the east and west sides of the creek to the head waters and including all waters of the creek south of the state line.

(4)           Flat Creek at NC Highway 39 Bridge, Vance County - Within 50 yards on either side of the NC Highway 39 Bridge.

(5)           Satterwhite Point State Recreation Area, Vance County.

(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)  Restricted 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 and Maintenance of Markers.  Each of the Boards of Commissioners of the above-named counties is designated a suitable agency for placement and maintenance of markers implementing this Rule for regulated areas within their territorial jurisdiction in accordance with the Uniform System, 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.

 

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 applies 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)           That portion of Far Creek in the Town of Engelhard shore to shore, beginning at a point at 35.51061 N, 75.98699 W and ending at the Roper Lane bridge at 35.50869 N, 76.00229 W;

(5)           Fodrey Canal.  That 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 (35.42131 N, 76.20915 W) and ending at the end of SR 1122 (35.40873 N, 76.21185 W);

(8)           The waters of Gray Ditch beginning near 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)           A portion of 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 Main Canal and extending northward to 35.45687 N, 76.1751 W.

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

(c)  Placement and Maintenance of Markers. The Board of Commissioners of Hyde County is designated a suitable agency 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. 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.

 

15A NCAC 10F .0314        NEW HANOVER COUNTY

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

(1)           that 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)           that 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)           that 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 34.21293 N, 77.83171 W, to a point on the northeast shore at 34.21437 N, 77.83061 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)           those 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 is designated a suitable 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. April 1, 2017.

 

15A NCAC 10F .0315        POLK COUNTY

(a)  Regulated Area.  The inlet of Lake Adger lying north of a line running from the end of the point on which Red Barn Landing is located South 69 degrees West (true) approximately 1,800 feet to the beach on the north side of said lake is designated as a "slow‑no‑wake" area.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Polk County is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0316        FORSYTH: ROCKINGHAM AND STOKES COUNTIES

(a)  Regulated Area.  This Rule applies 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, when such area has been marked as provided in (c) of this Rule.

(c)  Placement and Maintenance of Markers.  With regard to marking the restricted zones described in this Rule, markers may be placed and maintained by the boards of commissioners of Forsyth County, Rockingham County and Stokes County, or their designees, within their respective counties, in accordance with the uniform system and the following additional requirements.  All markers warning of a no‑wake speed zone must be buoys or floating signs placed in the water at a distance of not greater than 50 yards from the protected facility.  The markers must be sufficient in number and size as to give adequate warning of the restriction to the vessels approaching from various directions.

 

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.

 

15A NCAC 10F .0317        STANLY COUNTY

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

(1)           Narrows Reservoir (Badin Lake);

(2)           Lake Tillery;

(A)          Turner Beach Cove as delineated by appropriate markers.

(B)          Mountain Creek Cove as delineated by appropriate markers

(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)  Restricted Swimming Areas.  No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area established with the approval of the Executive Director, or his representative, 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 and Maintenance of Markers.  The Board of Commissioners of Stanly County is hereby designated a suitable agency for placement and maintenance of the markers implementing this Rule in accordance with the Uniform System.

 

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.

 

15A NCAC 10F .0318        WARREN COUNTY

(a)  Regulated Area.  This Rule applies only 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 Gaston Lake in Warren County.

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

(d)  Restricted Swimming Areas.  No person operating or responsible for the operation of a vessel shall permit it to enter any lawfully marked public swimming area on the waters of Gaston Lake 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 36.49355 N, 77.91795 W, to 36.49530 N, 77.91552 W.

(2)           within the waters of the cove on Hubquarter Creek, shore to shore beginning at a line from 36.50030 N, 78.004744 W to 36.49951 N, 78.00549 W.

(f)  Placement and Maintenance of Markers.  The Board of Commissioners of Warren County is designated a suitable agency 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.  With regard to marking Gaston Lake, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0319        WASHINGTON COUNTY

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

(1)           that portion of Mackey's Creek which lies between a point 150 yards upstream from the center of SR 1321, where said road dead ends on the eastern shore of the creek, to a point 150 yards downstream from the center of SR 1321.

(2)           that portion of Conaby Creek beginning at the N.C. 45 Bridge and continuing eastward 1000 feet.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Washington County is designated a suitable agency 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. 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.

 

15A NCAC 10F .0320        ONSLOW COUNTY

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

(1)           Old Settler's Beach:  those waters of Onslow County contained within the canals located in the Old Settler's Beach subdivision extended from the Pender County line northwardly or northeasterly to the canal adjacent to or near the property of Topsail Island Developers, Inc., and more specifically those canals extending along the cul‑de‑sac lots from the Pender County line northwardly or northeasterly to the most northwardly of said canals above referred to, said canals extended from First Street to the canal lying northwardly or northeasterly of Ninth Street, to include those waters of the approach canal at Old Settler's Beach from marker number 53 in the Intracoastal Waterway south to Broadway Street;

(2)           New River:  those waters of New River, near Jacksonville, between a point 100 yards upstream, and 300 yards downstream, of the Seaboard Coast Line Railroad trestle; and those waters of the New River between the Old Bridge Street and US 17 (Riverview Street) bridges and upstream from the US 17 bridge along the south shore to a point 50 yards beyond the Jacksonville Marina;

(3)           Wheeler's Point:  those waters in the creek from Wheeler's Point northerly to SR 1558 near the town of Sneads Ferry;

(4)           Swansboro Harbor: those waters of White Oak River and Swansboro Bay between the Atlantic Intracoastal Waterway and the NC Highway 24 bridge, Swansboro.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Onslow County is designated a suitable agency 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, 1976;

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

 

 

 

15A NCAC 10F .0321        PENDER COUNTY

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

(1)           the canal adjoining Old Point Development;

(2)           the First Finger Canal in New Topsail Beach;

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

(4)           those 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)           in the 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 any motorboat or 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 with respect to the regulated areas designated in Subparagraphs (1), (2) and (4) of Paragraph (a) of this Rule, the Board of Commissioners of the Town of Topsail Beach, with respect to the regulated area designated in Subparagraph (3) of Paragraph (a) of this Rule, and the Board of Commissioners of the Town of Surf City, with respect to the regulated area designated in Subparagraph (5) of Paragraph (a) of this Rule are designated as suitable 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.

 

15A NCAC 10F .0322        UNION COUNTY

(a)  Regulated Area.  This Rule applies to Cane Creek Lake which lies within the territorial limits of 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 Family Camping Area located on the regulated area described in Paragraph (a) of this Rule.

(c)  Speed Limit in Congested Area.  No person shall operate a vessel at greater than no‑wake speed within 75 yards of the narrow neck that connects the upper and lower portions of Cane Creek Lake.

(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 established with the approval of the Executive Director, or his representative, on the regulated area described in Paragraph (a) of this Rule.

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Union County is designated a suitable agency for placement and maintenance of the markers implementing this Rule.  With regard to marking Cane Creek Lake, supplementary standards as set forth in Rule .0301(g)(1) to (8) of this Section shall apply.

 

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.

 

15A ncac 10f .0323        burke county

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

(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)          Boyd Moore Cove;

(E)           East Shores development;

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

(G)          Highway 126 Bridge, area defined using the North American Datum of 1983 beginning 50 yards from the northeast side defined by a shore to shore line extending from state plane coordinates:  Northing = 224985.481182, Easting = 348767.698377 to Northing = 224912.319514, Easting = 348805.193732, encompassing all waters to a line 200 yards south of the bridge defined by a line extending shore to shore from state plane coordinates:  Northing = 224723.881492, Easting = 348679.284125 to Northing = 224835.222394, Easting = 348534.751513;

(H)          Canal Bridge Boating Access Area:  within 50 yards of the Canal Bridge Boating Access area dock;

(I)            South Pointe/Dry Creek Community Piers in the vicinity of the point of land at Lot 86 at the South Pointe Subdivision.  Area defined using the North American Datum of 1983 and encompassing waters off the point; from the shoreline, 50 yards out to a perimeter defined by the following State Plane Coordinates:  Northing = 226977.08583, Easting = 353148.128305; Northing = 226950.431724, Easting = 353076.195527; Northing = 227004.286569, Easting = 353011.808157; and Northing = 227082.795442, Easting = 353042.59595.

(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 established with the approval of the Executive Director, or his representative, 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 established with the approval of the Executive Director, or his representative, on the regulated areas described in Paragraph (a) of this Rule.

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Burke County is designated a suitable agency 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, if applicable.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0324        DAVIDSON COUNTY

(a)  Regulated Areas.  This Rule applies only to those portions of High Rock Lake, Tuckertown Lake, and Badin Lake which 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)           within 50 yards on either side of the buoy located between lots 19 and 39 Silver Hill Township in the middle of Hi-Roc Shores Cove on High Rock Lake.

(3)           within the waters of Flat Swamp Creek on High Rock Lake beginning 50 yards north of the docks at Camp Walter Johnson and extending 100 yards south of the docks as delineated by appropriate markers.

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

(d)  Speed Limit at Mouth of Cove.  No person shall operate a vessel at greater than no-wake speed while within 50 yards on either side of the mouth of Beaver Dam Creek Cove located on Badin Lake or in Abbotts Creek Cove of High Rock Lake as delineated by appropriate markers.

(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 waters of High Rock Lake, Tuckertown Lake, and Badin Lake in Davidson County.

(f)  Placement and Maintenance of Markers.  The Board of Commissioners of Davidson County is designated a suitable agency 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, if applicable.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section apply.

 

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.

 

15A NCAC 10F .0325        CHOWAN COUNTY

(a)  Regulated Areas.  This Rule applies 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)           the waters within 50 yards of the W. Queen Street bridge on SR 1204 crossing Pembroke Creek in Edenton;

(3)           the boat basin and all canals located 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 motorboat or vessel at greater than no-wake speed within the regulated areas described in Subparagraphs (1), (2) and (3) of Paragraph (a) of this Rule.

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

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Chowan County is designated a suitable agency 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.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, the supplementary standards listed in Subparagraphs (1) through (8) of Rule .0301 (g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0326        PAMLICO COUNTY

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

(1)           Silverthorn Bay:  the waters of Silverthorn Bay, a tributary of Lower Broad Creek;

(2)           Minnesott Beach:  the Minnesott Beach Yacht Basin and its access channel inland from the shoreline to 30 yards beyond the outermost points of the rock jetties in Neuse River.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Pamlico County is designated a suitable agency 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, 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.

 

15A NCAC 10F .0327        MONTGOMERY COUNTY

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

(1)           Badin Lake:

(A)          Lakeshore Drive Cove as delineated by appropriate markers;

(B)          Entrance to fueling site and marina west of the main channel of Lake Forest Drive Cove;

(C)          Gar Creek; and

(D)          Beyer's Island waterfront channel facing the mainland.

(2)           Lake Tillery:

(A)          Woodrun Cove as delineated by appropriate markers;

(B)          Carolina Forest Cove as delineated by appropriate markers; and

(C)          The waters in the vicinity of the Lilly's Bridge Boating Access Area shore to shore, from a line north of the Route 1110 bridge at a point on the eastern shore at 35.23223 N, 80.06166 W, to a point on the western shore at 35.23289 N, 80.06318 W, to a line southwest of the Lilly's Bridge Boating Access Area, from a point on the eastern shore at 35.23067 N; 80.06262 W, to a point on the western 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)  Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area established with the approval of the Wildlife Resources Commission on the waters of the regulated areas described in Paragraph (a) of this Rule.

(e)  Placement of Markers. The Board of Commissioners of Montgomery County is designated a suitable agency for placement of the markers implementing Parts (a)(1)(A), (B), (C), (D), (2)(A) and (B), and Subparagraph (a)(3) of this Rule in accordance with the Uniform System. The North Carolina Wildlife Resources Commission is designated a suitable agency for placement and maintenance of the markers implementing Part (a)(2)(C) of this Rule.

 

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. April 1, 2017.

 

15A NCAC 10F .0328        MARTIN COUNTY

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

(b)  Speed Limit.  No person shall operate any motorboat or 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 and Maintenance of Markers.  The Board of Commissioners of Martin County is designated a suitable agency 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. June 18, 1978;

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

 

15A NCAC 10F .0329        ROWAN COUNTY

(a)  Regulated Areas.  This Rule applies only to those portions of High Rock Lake and Tuckertown Lake which lie within the boundaries of 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 established with the approval of the Executive Director, or his representative, 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 within 50 yards of the following locations on the regulated areas described in Paragraph (a) of this Rule:

(1)           Tamarac Marina on Dutch Second Creek;

(2)           The Cove on the west side of Dutch Second Creek south of Tamarac Marina off Poole Road;

(3)           I‑85 bridge at Yadkin River;

(4)           Goodman Lake Road Bridge at Crane Creek;

(5)           Bringle Ferry Road Bridge at Dutch Second Creek;

(6)           Stokes Ferry Road Bridge at Riles Creek;

(7)           Highway 49 bridge at Tuckertown Lake; and

(8)           The Rowan Shrine Club dock.

(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 established with the approval of the Executive Director, or his representative, on the waters of the regulated areas described in Paragraph (a) of this Rule.

(f)  Placement and Maintenance of Markers.  The Board of Commissioners of Rowan County is designated a suitable agency 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, if applicable.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0330        CARTERET COUNTY

(a)  Regulated Areas. This Rule applies 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 and ending at the west end of Money Island where Brooks Avenue dead ends at the slough;

(2)           the waters of Taylor's Creek in Beaufort, shore to shore from where Taylor's Creek meets 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 Pelletier Creek, beginning at the entrance to Pelletier Creek at the Intracoastal Waterway and ending at U.S. Highway 70;

(4)           the waters of Bogue Sound Harbor Channel in Morehead City, between Sugar Loaf Island and the seawall on the south side of Evans, Shepard, and Shackleford Streets, and bounded on the east by the State Ports Authority, and on the west by the eastern right-of-way margin of South 13th Street extended;

(5)           the waters of Gallant's Channel, from the US 70 crossing over the Grayden Paul bridge to Taylor's Creek;

(6)           the waters of Cedar Island Bay and Harbor, 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, beginning at the north side of the Beaufort Drawbridge and ending at marker #6;

(9)           the waters of Spooners Creek within the territorial limits of the Town of Morehead City as delineated by appropriate markers;

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

(11)         the waters of Morgans Creek as delineated by appropriate markers;

(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 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 34.67903N, 77.10142W to a point on the eastern shore at 34.67899 N, 77.10098 W and extending the entire length of the canal; and

(15)         that 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. It is unlawful to operate a motorboat or 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 designated as suitable 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, with respect to the regulated areas designated in Subparagraphs (a)(1), (3), (5), (6), (7), (8), (11), and (12) of this Rule;

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

(3)           the Board of Commissioners of Morehead City, with respect to Subparagraph (a)(4), (9), and (13) of this Rule;

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

(5)           the Board of Commissioners of the Town of Cedar Point with respect to 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.

 

15A NCAC 10F .0331        WAKE COUNTY

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

(b)  Speed Limit.  No person shall operate any motorboat or 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 and Maintenance of Markers.  The Raleigh City Council is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0332        ALEXANDER COUNTY

(a)  Regulated Area.  This Rule applies to those waters of Lake Hickory set out in this Rule which are located in Alexander County.

(1)           the waters beginning 50 yards from the southeast end of the Rink Dam Marina and ending at Rink Dam;

(2)           the waters within 50 yards of the Taylorsville Beach Marina;

(3)           the waters within 50 yards of the R&N Marina; and

(4)           the waters within 50 yards of the Lakeside Marina.

(b)  Speed Limit.  No person shall operate any motorboat or 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 and Maintenance of Markers.  The Board of Commissioners of Alexander County is designated a suitable agency 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, if applicable.

 

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.

 

15A NCAC 10F .0333        MECKLENBURG AND GASTON COUNTIES

(a)  Regulated Areas.  This Rule applies 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, including the entrances to the coves on either side of Copperhead Island;

(2)           Gaston County Wildlife Club Cove – The waters of the cove at the Gaston County Wildlife Club on South Point Peninsula in Gaston County;

(3)           Buster Boyd Bridge- The areas 250 feet to the north and 150 feet to the south of the Buster Boyd Bridge;

(4)           Highway 27 Bridge – The area beginning 50 yards north of the NC 27 Bridge and extending 50 yards south of the southernmost of two railroad trestles immediately downstream from the NC 27 Bridge;

(5)           Brown's Cove – The area beginning at the most narrow point of the entrance to Brown's Cove and extending 250 feet in both directions;

(6)           Paradise Point Cove – The waters of the Paradise Point Cove between Paradise Circle and Lakeshore Drive as delineated by appropriate markers;

(7)           Withers Cove - The area 50 feet on either side of Withers Bridge;

(8)           Sadler Island west- beginning at a line formed from a point on the western shore of Lake Wylie at 35.27481N, 81.0138W to a point on the eastern shore at 35.27423N, 81.01111W extending south on the Lake to a line formed from a point on the western shore of Lake Wylie at 35.2708N, 81.01525W to a point on the western side of Sadler Island at 35.27056N, 81.01393W;

(9)           Sadler Island east- beginning at a line formed from a point on the western shore of Lake Wylie at 35.27481N, 81.0138W to a point on the eastern shore at 35.27423N, 81.01111W extending south on the Lake to a line formed from a point on the eastern side of Sadler Island at 35.2663N, 81.0143W to a point on the eastern shore of Lake Wylie at 35.26501N, 81.01374W; and

(10)         other bridges – the areas that are 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.

(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 All Other Bridges.  No person shall operate a vessel at greater than no-wake speed within 50 feet of any bridge in North Carolina that crosses the waters of Lake Wylie that is not otherwise specifically mentioned in Paragraph (a) of this Rule.

(d)  Speed Limit in 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.

(e)  Placement and Maintenance of Markers.  The Lake Wylie Marine Commission is designated a suitable 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.

 

15A NCAC 10F .0334        GUILFORD COUNTY

(a)  Regulated Area.  This Rule applies to the waters of Oak Hollow Lake (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 and Maintenance of Markers.  The City Council of High Point is designated as a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0335        SWAIN COUNTY

(a)  Regulated Area.  This Rule applies only to that portion of Fontana Lake which is located in Swain County.

(b)  Speed Limit Near Boat Dock.  No person shall operate a vessel at greater than no‑wake speed within 50 yards of Almond Boat Dock.

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Swain County is designated a suitable agency for placement and maintenance 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 31, 1980;

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

 

15A NCAC 10F .0336        NORTHAMPTON AND WARREN COUNTIES

(a)  Regulated Area.  This Rule applies only to that portion of Lake Gaston which lies within the boundaries of 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 established with the approval of the Executive Director, or his representative, on the waters of Gaston Lake in 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)           Northampton County, the waters of the cove on the north shore of Lake Gaston east of Vincent Drive, shore to shore from a point at 36.51652 N, 77.82232 W to a point at 36.51580 N, 77.82273 W;

(2)           Warren County, the waters of Big Stonehouse Creek within 50 yards of the culvert under Highway 903;

(3)           Warren County, the waters of Songbird Creek within 50 yards of the culvert under Highway 903;

(4)           Warren County, the waters of Six Pound Creek within 50 yards of the culvert under State Road 1707;

(5)           Warren County, the waters of Lizard Creek within 50 yards of the culvert under Highway 903.

(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 waters of Gaston Lake in Northampton and Warren Counties.

(f)  Placement and Maintenance of Markers.  The Board of Commissioners of Northampton County and Warren County are designated as suitable agencies for placement and maintenance of the markers implementing this Rule, subject to the approval of the United States Coast Guard and United States Army Corps of Engineers.  With regard to marking Gaston Lake, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0337        FRANKLIN COUNTY

(a)  Regulated Area.  This Rule applies only 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 in Franklin 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 established with the approval of the Executive Director, or his representative, on the waters of Lake Royale in Franklin 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 established with the approval of the Executive Director, or his representative, on the waters of Lake Royale in Franklin County.

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Franklin County is designated a suitable agency 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.  With regard to marking Lake Royale, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0338        CALDWELL COUNTY

(a)  Regulated Areas.  This Rule applies only to the following waters which lie within the boundaries of Caldwell County:

(1)           Catawba River,

(2)           Lake Rhodhiss,

(3)           Little Gunpowder Lake.

(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 established with the approval of the Executive Director, or his representative, 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 established with the approval of the Executive Director, or his representative, on the regulated areas described in Paragraph (a) of this Rule.

(e)  Placement and Maintenance of Markers.  The Board of Commissioners of Caldwell County is designated a suitable agency 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.  With regard to marking regulated areas described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0339        MCDOWELL COUNTY

(a)  Regulated Areas.  This Rule applies to the following waters located on Lake James in McDowell County, as designated by the United States Aids to Navigation system:

(1)           that area adjacent to the shoreline of the McDowell Wildlife Club property;

(2)           that area adjacent to the shoreline of the Marion Moose Club property;

(3)           that area known as Morgan Cove;

(4)           that area within 50 yards of the shoreline at the New Manna Baptist Youth Camp;

(5)           that area within 50 yards of the shoreline at Burnett's Landing;

(6)           the cove area adjacent to the State Park swimming area;

(7)           the cove area adjacent to the State Park picnic area and dock;

(8)           that area within 50 yards of camping areas in the Lake James State Park;

(9)           that area within 50 yards of the boat launching ramp at the Marion Lake Club;

(10)         that area within 50 yards in either direction from the marina docks in Plantation Point Cove;

(11)         that area of Goodman's Landing Cove within 50 yards of the swimming area and boat docks of Goodman's Campground;

(12)         that area beginning at the rock shoals located at Deerfield Campground downstream for a distance of approximately 200 yards;

(13)         that area along the shoreline of the development known as Lakeview Pointe;

(14)         that area at the Waterglyn Subdivision Cove;

(15)         that area at the North Fork of the Catawba River where it enters Lake James;

(16)         that area within 50 yards of the Bear Creek Marina; and

(17)         that cove which is bounded by Waterglyn Subdivision to the west beginning at the point of the shoreline known as the Island and extending in a straight line eastward to the boundary between the Carrier and Finger property within Lakeview Shores Subdivision.

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

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

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of McDowell County is designated a suitable agency for placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0340        CURRITUCK COUNTY

(a)  Regulated Areas.  This Rule applies to the waters and portion of waters described as follows:

(1)           Bell's Island.  The waters contained in all the canals on Bell's Island.

(2)           Walnut Island Subdivision.  The waters in all the canals in the Walnut Island subdivision in the Village of Grandy.

(3)           Waterview Shores Subdivision.  The waters in all the canals in the Waterview Shores subdivision in the Village of Grandy. The regulated area begins at the entrances to the subdivision from Dowdy Bay (Poplar Branch Bay) at 36.25148N, 75.87061W; 36.24981N, 75.87042W; and 36.24872N, 75.87055W. 

(4)           Neal's Creek Landing.  Those waters of Currituck Sound within 50 yards of Neal's Creek Landing as delineated by appropriate markers.

(5)           Tull's Bay.

(A)          Those waters of Tull's Creek within 50 yards upstream and 50 yards downstream of and within the canal leading to Tull's Bay Marina as delineated by appropriate markers.

(B)          Those waters which constitute the canals of the Tull's Bay Colony subdivision and 50 yards north along the Mississippi Canal from its intersection with Elizabeth Canal.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Currituck County is designated a suitable agency 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, 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.

 

15A NCAC 10F .0341        TOWN OF LAKE LURE

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

(b)  Speed Limit.  No person shall operate a motorboat or 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 which has been properly marked and approved by the Executive Director or his representative.

(c)  Restricted 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)  Waterskiers.  On the regulated area described by Paragraph (a) of this Rule:

(1)           No more than two skiers may be towed at once by any boat;

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

(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 is designated a suitable agency for placement and maintenance of markers implementing this Rule.  With regard to marking the regulated area described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0342        CATAWBA COUNTY

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

(1)           the public fishing pier located at the old Wildlife Club off 12th Street Drive, NW, City of Hickory;

(2)           the shores of the Dixie Boat Club, Inc.;

(3)           that area within 50 yards of the Moore's Ferry Boat Marina and Boathouse on 44th Avenue, Circle NW; and

(4)           the cove entering the Lake Hickory RV Resort/Marina as delineated by appropriate markers.

(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 and Maintenance of Markers.  The governing board of the City of Hickory and the Catawba County Board of Commissioners are designated suitable agencies 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. 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.

 

15A NCAC 10F .0343        CHATHAM COUNTY

(a)  Definitions.  In addition to the definitions set forth in Paragraph (b) of Rule .0301 of this Section, the following definitions apply in this Rule:

(1)           Corps ‑ Corps of engineers, United States Army;

(2)           Regulated Area ‑ That portion of the B. Everette Jordan Reservoir located within the boundaries of 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 the restricted zone adjacent to the Crosswinds Marina located north of US 64 and west of SR 1008 as indicated by markers;

(3)           within 100 feet of all bridges;

(4)           within the restricted zone at the Ebenezer Church Road access point.

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

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Chatham County is designated a suitable agency for placement and maintenance of the markers implementing this Rule, subject to the approval of the corps.  With regard to marking the regulated area described in Paragraph (a) of this Rule, the supplementary standards listed in Subparagraphs (1) through (8) of Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0344        TOWN OF RIVER BEND

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

(1)           the River Bend Yacht Club Marina Basin;

(2)           Island Lake and its access waters extending inland from the Trent River;

(3)           Plantation Canal from its entrance at Trent River to the River Bend Yacht Club Marina Basin.

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

(c)  Placement and Maintenance of Markers.  The Town Council of the Town of River Bend is designated a suitable agency 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. 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.

 

15A NCAC 10F .0345        CHATHAM AND WAKE COUNTIES

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

(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 shore to shore, beginning at a point at 35.57270 N, 78.97398 W as delineated by appropriate markers placed and maintained by the Wildlife Resources Commission.

(3)           In Wake County, the waters within 150 yards of the Holleman Boating Access Area as indicated by appropriate markers placed and maintained by the Wildlife Resources Commission.

(b)  Restricted Zones.  Except for authorized personnel of the power company, no person shall operate a motorboat or 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 any 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 any vessel or water skis within a marked public swimming area.

(f)  Placement and Maintenance of Markers.  The Board of Commissioners of Chatham County and the Board of Commissioners of Wake County are designated suitable agencies for placement and maintenance of markers implementing this Rule within their respective counties.  Provided the said boards exercise their supervisory responsibilities, they may delegate the actual placement and maintenance to some other responsible agency, corporation, group or individual.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, the supplementary standards set forth in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0346        ARROWHEAD BEACH SUBDIVISION

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

(1)           Chowan River: that portion adjoining the shoreline of the Arrowhead Beach Subdivision Park and having dimensions of approximately 350 by 600 feet, containing a marked swimming area and the area within 200 feet of the pier; 

(2)           Indian Creek: that portion adjoining the Arrowhead Beach Subdivision; 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 (3) of this Rule.

(e)  Placement and Maintenance of Markers. The board of Commissioners of Chowan County is designated a suitable agency for the 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. On condition that the said board of commissioners exercise its supervisory responsibility, it may delegate the actual placement and maintenance of markers to some responsible person or organization.

 

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. January 1, 2017.

 

15A NCAC 10F .0347        CRAVEN COUNTY

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

(1)           that portion of Northwest Creek between the entrance buoys at Fairfield Harbour Marina and the mouth of Spring Creek, and to all of Spring Creek, including the bulkheaded area of Fairfield Harbour, in Craven County;

(2)           that area of water between the entrance buoys of the Olde Towne Lake, from the Trent River and including all of Olde Towne Lake and the bulkhead area of Olde Towne Harbour itself;

(3)           Matthews Point Marina.  That triangular area in the waters at the end of the Matthews Point Marina main pier, 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, which is located at the confluence of Clubfoot and Mitchell Creeks off of the Neuse River;

(4)           that area of water within 50 yards of the fuel dock at Eastern Carolina Yacht Club; and

(5)           that portion of Slocum Creek in the City of Havelock, shore to shore east of a line from a point on the northern shore at 34.89122 N, 76.92302 W to a point on the southern shore at 34.89102 N, 76.92304 W and extending northeast, shore to shore to a line from a point on the northern shore at 34.8937 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 any vessel at greater than no‑wake speed within the regulated areas described in Paragraph (a) of this Rule.

(c)  Green Springs Boys Club Swimming Area - No person shall operate a vessel within the Green Springs Boys Club Swimming Area along the Neuse River as designated by marker buoys and float lines.

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Craven County is hereby designated a suitable agency for placement and maintenance of the markers implementing Subparagraphs (a)(1), (2), (3), and (4) of this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers.

(e)  The City of Havelock is hereby designated a suitable agency for placement and maintenance of the markers implementing Subparagraph (a)(5) of 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, 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.

 

15A NCAC 10F .0348        PERSON COUNTY

(a)  Regulated Area.  This Rule applies to the Mayo Electric Generating Plant Reservoir, otherwise known as Mayo Reservoir, which is located in Person County.

(b)  Restricted Zones.  Except for authorized personnel of the power company, no person shall operate a motorboat or 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 any 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 dropping skiers within any such speed zone, the boat speed shall be reduced to no‑wake speed.

(f)  Swimming Areas.  No person shall operate any 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 boat launching ramp provided 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 36.48051N; 78.87763 W to 36.47994 N, 78.87963 W, southward ending at an area below the Mayo Park ADA Fishing Pier shore to shore from 36.47753N; 78.87681W to 36.4772 N; 78.87828W.

(i)  Placement and Maintenance of Markers.  The Board of Commissioners of Person County is designated a suitable agency for placement and maintenance of markers implementing this Rule.  Provided the said board exercises its supervisory responsibility, it may delegate the actual placement and maintenance to some other responsible agency, corporation, group or individual.  With regard to marking the regulated area described in Paragraph (a) of this Rule, the supplementary standards set forth in Rule .0301(g) of this Section shall apply.

 

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.

 

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

(a)  Regulated Area.  This Rule applies to the Kings Mountain water supply reservoir known as the John H. Moss Lake located 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)  Restricted Swimming Areas.  No person operating or responsible for the operation of a vessel shall permit it to enter any marked swimming area established with the approval of the Executive Director, or his representative, on the regulated area described in Paragraph (a) of this Rule.

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of the City of Kings Mountain is designated a suitable agency for placement and maintenance of markers implementing this Rule.  Provided the said board exercises its supervisory responsibility, it may delegate the actual placement and maintenance of markers to some other responsible agency. With regard to marking the regulated area described in Paragraph (a) of this Rule, the supplementary standards set forth in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0350        DURHAM AND WAKE COUNTIES

(a)  Definitions.  In addition to the definitions set forth in Paragraph (b) of Rule .0301 of this Section, the following definitions apply for the purposes of this Rule:

(1)           Corps ‑ Corps of Engineers, United States Army;

(2)           State Parks ‑ Division of Parks and Recreation, N. C. Department of Environment, Health, and Natural Resources;

(3)           Regulated Area ‑ Those portions of Falls Lake located within the boundaries of 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 that portion of Falls Lake located within the boundaries of Wake County;

(4)           within 50 yards of the area marked as the Holly Point Recreation Swim and boat launch area and the New Light Road Bridge.

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

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

(2)           any areas near the dam structures located on the regulated area that shall be marked by or with the approval of the Corps against entry by vessels.

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Durham County and the Board of Commissioners of Wake County are designated suitable agencies for placement and maintenance of markers implementing this Rule within their respective counties, subject to the approval of the Corps.  If these boards exercise their supervisory responsibilities, they may delegate the actual placement and maintenance of markers to some other responsible agency.  With regard to marking of the regulated area described in Paragraph (a) of this Rule, all of the Supplementary standards listed in Paragraph (g) of Rule .0301 of this Section shall apply.

 

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.

 

15A NCAC 10F .0351        NEW BERN

(a)  Regulated Area.  This Rule applies 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 any vessel at greater than no‑wake speed on the Trent River between the Trent River Railroad Bridge and the Alfred A. Cunningham Highway (old US 70) Bridge in the City of New Bern.

(c)  Placement and Maintenance of Markers.  The Board of Alderman of the City of New Bern is designated a suitable agency 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. October 1, 1986;

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

 

15A NCAC 10F .0352        CAMDEN COUNTY

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

(1)           Edgewater Canal running parallel with and along the south shore of Camden Point in Camden County and the connecting channels to Albemarle Sound;

(2)           That portion of Turner's Cut (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 36.32383 N, 76.18087 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 and Maintenance of Markers.  The Board of Commissioners of Camden County is designated a suitable agency for placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0353        MOUNTAIN ISLAND LAKE: MECKLENBURG, GASTON AND LINCOLN COUNTIES

(a)  Regulated Area.  This Rule applies to Mountain Island Lake, which is located in Mecklenburg, Gaston and Lincoln counties.

(1)           Latta Plantation Park - The cove lying north of and adjacent to the Latta Plantation Park and adjacent to the Mecklenburg County Park and Duke Power Company properties.

(2)           Duck Cove - The waters of Duck Cove as delineated by appropriate markers. Duck Cove is adjacent to Mecklenburg County's Cowan's Ford Wildlife Refuge and west of the portion of Neck Road that runs through Cowan's Ford Wildlife Refuge.

(3)           Nance Cove:

(A)          The waters of the southern portion of Nance Cove extending north from the back of the cove, at or near Shuffletown Landing, up the cove toward the main channel of Mountain Island Lake, extending to a point that is roughly even with the boundary line between Lots 166 and 167 in the Overlook subdivision, which lots are just north of the Overlook Swim & Tennis Club, and where the cove is approximately 368 feet wide.

(B)          The waters of the western arm or sub-cove of Nance Cove, which lies west of Shadow Cove Lane and the northern-most portion of Nance Cove Road and east of Haymarket Road.

(4)           North Carolina Highway 16 Bridge B - an area extending approximately 50 yards in all directions from the NC Highway 16 Bridge also known as the Rozelles Ferry Bridge.

(5)           Neck Cove beginning at a point on the western shore at 35.367061N, 80.932632W to a point on the eastern shore at 35.367085N, 80.931129 and extending the entire length of the cove.

(6)           Gar Creek east of a line from a point on the north shore at 35.348851N, 80.927461W to a point on the south shore at 35.348082N, 80.927736W to a line from a point on the north shore at 35.348854N, 80.926821W to a point on the south shore at 35.34844 N, 80.925803W.

(7)           Whispering Cove beginning at a point on the western shore at 35.341223N, 80.975715W to a point on the eastern shore at 35.340806N, 80.974785W and extending the entire length of the cove.

(8)           North Carolina Highway 73 Bridge - an area extending approximately 50 yards in all directions from the NC Highway 73 Bridge: east of a line from a point on the north shore at 35.428079N, 80.95799W to a point on the south shore at 35.427177N, 80.957424W to a line from a point on the north shore at 35.427845N, 80.955441W to a point on the south shore at 35.427008N, 80.955422W.

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

(c)  Placement and Maintenance of Markers.  The Board of Commissioners for Mecklenburg County, for Gaston County and for Lincoln County are designated as suitable agencies for placement and maintenance of markers implementing this Rule for regulated areas within their territorial jurisdiction in accordance with the Uniform System.

 

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.

 

15A NCAC 10F .0354        PITT COUNTY

(a)  Regulated Areas.  This Rule applies to the waters described in this Paragraph:

(1)           The entire inlet of Hardee Creek from the Tar River in Pitt County; and

(2)           that 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 motorboat or vessel at greater than no-wake speed within the regulated areas described in Paragraph (a) of this Rule.

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

 

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.

 

15A NCAC 10F .0355        PERQUIMANS COUNTY

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

(1)           Perquimans River:

(A)          The canals of Holiday Island subdivision; and

(B)          Town of Hertford: that part of the Perquimans River beginning 75 yards northeast of the Perquimans River Bridge (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 36.19300 N, 76.46962 W to a point on the south shore 36.19150 N, 76.47099 W.

(2)           Yeopim River:

(A)          The canal entrance between Navaho Trail and Cherokee Trail;

(B)          The canal entrance between Cherokee Trail and Ashe Street;

(C)          The boat ramp at Ashe and Pine Street;

(D)          The canal entrance between Pine Street and Linden Street;

(E)           The canal entrance and boat ramp between Willow Street and Evergreen Drive;

(F)           The canal entrance between Sago Street and Alder Street;

(G)          The swimming area at the Snug Harbor Park and Beach; and

(H)          Bethel Creek north of a line from a point on the west shore at 36.09552N, 76.47958W to a point on the east shore at 36.095517N, 76.47735W to a line from a point on the west shore at 36.10532N, 76.48080W to a point on the east shore at 36.10516N, 76.48047W.

(3)           Yeopim Creek:

(A)          The canal entrance between Mohave Trail and Iowa Trail;

(B)          The canal entrance between Iowa Trail and Shawnee Trail;

(C)          The area within 75 yards of the Albemarle Plantation Marina Piers;

(D)          The area of Beaver Cove as delineated by appropriate markers; 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," which extends from the waters known as "Deep Creek."

(b)  Speed Limit. No person shall operate any motorboat or 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 Perquimans County is designated a suitable 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. 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. June 1, 2017.

 

15A NCAC 10F .0356        PASQUOTANK COUNTY

(a)  Regulated Area.  This area applies 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 and Maintenance of Markers.  The Board of County Commissioners of Pasquotank County is designated a suitable agency for placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0357        NASH COUNTY

(a)  Regulated Area.  That area of the Tar River Reservoir at the boat launching ramp and bridge located on State Road 1745 (bend of the River Road) and both bridges and ramps on State Road 1603, near the city of Rocky Mount in Nash County.

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

(c)  Placement and Maintenance of Markers.  The City of Rocky Mount is designated a suitable agency for the placement and maintenance 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.

 

15A NCAC 10F .0358        JONES COUNTY

(a)  Regulated Area.  This Rule applies to those waters of the Trent River from a point 25 yards west of the US Hwy. 17 bridge downstream to a point 50 yards east of the Seaboard Coastline Railroad bridge at Pollocksville, NC.

(b)  Speed Limit.  No person shall operate any motorboat or 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 Jones County Board of Commissioners is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10f .0359        Cherokee County

(a)  Regulated Areas.  This Rule applies to the following sections of Hiawassee Lake:

(1)           the waters within 50 yards of Hiawassee Hideaway Marina;

(2)           the waters within 50 yards of Shook's Boat Dock;

(3)           the waters within 50 yards of Bear Paw Marina;

(4)           the waters within 50 yards of TVA Boat Ramp at Micken's Branch; and

(5)           the waters within 50 yards of Harbor Cove Marina.

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

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

 

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.

 

15A NCAC 10F .0360        GRAHAM COUNTY

(a)  Regulated Area.  This Rule applies to the waters and portions of waters described as follows:

(1)           Lake Santeetlah Boat Dock on Lake Santeetlah in Graham County.

(2)           Entrance of Fontana Boat Dock in Fontana Lake in Graham County.

(3)           Thomas Boat Dock on Fontana Lake in Graham County.

(4)           Crisp's Boat Dock, Panther Creek on Fontana Lake in Graham County.

(5)           Deyton Camp Boat Dock off the main channel of the Tallulah prong of Santeetlah Lake.

(b)  Speed Limit.  No person shall operate a vessel at greater than no‑wake speed within 50 yards of the regulated areas as 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 and extends to the mouth of the Cove as designated by marker buoys and float lines.

(d)  Placement and Maintenance of Markers.  The Graham County Board of Commissioners is designated as a suitable agency for the placement and maintenance of markers implementing this Rule.

 

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.

 

15A NCAC 10F .0361        WILKES COUNTY

(a)  Regulated Area.  This Rule applies 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 located in Wilkes County.

(b)  Speed Limit.  No person shall operate any motorboat or 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 Wilkes County Board of Commissioners is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0362        HARNETT COUNTY

(a)  Regulated Area.  This Rule applies to the following public waters of Harnett County:

(1)           All waters of the Carolina Lakes within 50 yards of any marked boat launching ramp, boat service area, boat pier, boat dock, boat mooring area, boat storage structure, or bridge.

(2)           The marked canal joining Lake Carolina to Ski Lake.

(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 and Maintenance of Markers.  The Board of Commissioners of Harnett County is designated as the suitable agency for placement and maintenance of markers implementing this Rule.  Provided the Board exercises its supervision responsibility, they may delegate the actual placement and maintenance to some other responsible agency, corporation, group, or individual.  With regard to marking the regulated areas and restricted zones described in Paragraphs (a) and (b) of this Rule, the supplementary standards set forth in Rule .0301(g) of this Section shall apply.

 

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.

 

15A NCAC 10F .0363        CASWELL AND PERSON COUNTIES

(a)  Regulated Areas.  This Rule applies only on that portion of the waters of Hyco Lake which lies within the boundaries of Caswell and Person Counties and to the restricted zones indicated by Paragraphs (b) and (c) of this Rule on such waters.

(b)  Speed Limit Near Bridges.  No person shall operate a vessel at greater than no‑wake speed limit within 50 yards of any bridges crossing over Hyco Lake.

(c)  Speed Limit in Canals.  No person shall operate a vessel at greater than no‑wake speed limit within any canals connected to Hyco Lake.

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Caswell and Person Counties are hereby designated as suitable agencies for placement and maintenance 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.

 

15A NCAC 10F .0364        GREENSBORO

(a)  Regulated Area.  This Rule applies to the waters of Lake Brandt, Lake Higgins, Lake Townsend (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 the same to enter any restricted zone marked to prevent entry by vessels.

(d)  Placement and Maintenance of Markers.  The Board of Commissioners of Guilford County is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0365        TYRRELL COUNTY

(a)  Regulated Area.  This Rule applies to the following waters in Tyrrell County:

(1)           That portion of the Scuppernong River from 300 yards west of the Highway 64 bridge to 100 yards east of the Highway 64 bridge as designated by the appropriate markers.

(2)           That portion of the Scuppernong River from the Columbia Boat Ramp extending 200 feet into the river as designated by the appropriate markers.

(3)           The entire 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.  It is unlawful to operate a vessel at greater than no-wake speed in the regulated areas described in Paragraph (a) of this Rule.

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Tyrrell County is designated as the suitable agency for the placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0366        Macon COUNTY

(a)  Regulated Area.  This Rule applies to the following waters of Nantahala Lake: 

(1)           Lakes End Cove shore to shore, beginning at a line from a point on the northwest shore at 35.19602 N, 83.64184 W to a point on the southeast shore at 35.19544 N, 83.64053 W.

(2)           That area within 100 yards from the end of the Mountain Shadows Community Dock.

(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 and Maintenance of Markers.  The Board of Commissioners of Macon County is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0367        HOKE COUNTY

(a)  Regulated Area.  This Rule applies to the waters of Rockfish Creek upstream from the Hoke-Cumberland county line within the territorial limits of Hoke County as delineated by appropriate markers.

(b)  Speed Limit.  No person shall operate any motorboat or 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 is designated a suitable 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.

 

15A NCAC 10F .0368        TOWN OF NAGS HEAD

(a)  Regulated Area.  This Rule applies to the waters of the Roanoke Sound extending 600 feet from the shoreline; adjacent to and from the northern boundary to the southern boundary of the Old Nags Head Cove Subdivision and marked by buoys.

(b)  Speed Limit.  No person shall operate any motorboat or 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 Town of Nags Head is designated a suitable agency for placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0369        TOWN OF SWANSBORO

(a)  Regulated Area.  This Rule applies to the waters of the White Oak River from the Highway 24 bridge southward toward Casper's Marina, approximately 50 yards from the east shoreline of the Swansboro Town limits and marked by buoys.

(b)  Speed Limit.  No person shall operate any motorboat or 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 Town of Swansboro is designated a suitable agency for placement and maintenance of the markers implementing this Rule.

 

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.

 

15A NCAC 10F .0370        CITY OF ROCKY MOUNT

(a)  Regulated Areas.  This Rule applies to the area 100 yards upstream from North Carolina SR 43 Bridge, also known as the Peachtree Street Bridge, to the edge of the Rocky Mount Mill Dam on the Tar River.

(b)  Swimming or boating.  No swimming or other entry of a person in or upon a boat, raft or other floating object shall be permitted within the exclusion zone established in Paragraph (a) of this Rule.

(c)  Paragraph (b) of this Rule shall not apply to persons who, with consent of the City of Rocky Mount, require access for the purpose of maintaining or repairing facilities associated with the Rocky Mount Mill Dam or the Rocky Mount Mill.  

(d)  Placement and Maintenance of Markers.  The City of Rocky Mount is designated as a suitable entity for placement and maintenance of buoys and other signs indicating the areas in which boating and swimming are prohibited by 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.

 

15A NCAC 10F .0371        Belews Lake IN Stokes COUNTy

(a)  Regulated Area.  This Rule applies only 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 cove containing the power station’s plant intake on 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 emergency or maintaining or repairing facilities of Duke Energy Corporation.

(e)  Placement and Maintenance of Markers.  The Duke Energy Corporation is designated as a suitable entity for placement and maintenance of buoys, barriers and other signs indicating the areas in which boating or swimming are prohibited by 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.

 

15A NCAC 10F .0372        HERTFORD COUNTY

(a)  Regulated Areas.  This Rule applies to the Chowan River within the territorial jurisdiction of Hertford County, in the area along the southern shoreline of the Chowan River, extending up to 600 feet in an easterly direction, and up to 1000 feet in a westerly direction, from the shore line terminus of State Road 1401 (Tuscarora Beach Road) at the site of the property commonly known as Tuscarora Beach, extending 200 feet toward the center of the Chowan River, as indicated by buoys.   

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

(c)  Placement and Maintenance of Markers.  The County of Hertford is designated a suitable agency for placement and maintenance 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.

 

15A NCAC 10F .0373        TRANSYLVANIA COUNTY

(a)  Regulated Area.  Lake Toxaway.

(b)  Speed Limit.  No person shall operate a vessel at greater than no‑wake speed within 50 yards of the Lake Toxaway Marina.

(c)  Placement and Maintenance of Markers.  The Board of Commissioners of Transylvania County is designated a suitable agency for placement and maintenance of markers implementing this Rule, subject to the approval of the United States Army Corp of Engineers.

 

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.

 

15A NCAC 10F .0374        ALCOA POWER GENERATING INC. HYDROELECTRIC STATION SAFETY ZONES

(a)  Regulated Area.  This Rule applies to the area one hundred feet upstream or downstream from the stations and dams (and associated structures, abutments and equipment of these 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 may 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 provided that they shall wear at all times a U.S. Coast Guard approved personal floatation 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 floatation device in serviceable condition and of appropriate size for the wearer. No vessel may 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 to anchor or otherwise secure a vessel in these areas.

(d)  Paragraph (c) of this Rule does not apply to persons who enter with consent of Alcoa Power Generating, Inc. for the purpose of maintaining, repairing or evaluating facilities of Alcoa Power Generating, Inc.; law enforcement or emergency personnel; or NC state employees acting in an official capacity. 

(e)  Placement and Maintenance of Markers.  Alcoa Power Generating, Inc. is designated as a suitable entity for placement and maintenance of buoys and other signs implementing this Rule.

(f)  Alcoa Power Generating Inc., hydroelectric stations affected by this Rule:

(1)           Narrows Hydroelectric Station in Yadkin River in Stanly and Montgomery Counties;

(2)           High Rock Hydroelectric Station in Yadkin River in Rowan and Davidson Counties.

 

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.

 

15A NCAC 10F .0375        DUKE ENERGY CORPORATION HYDROELECTRIC STATION SAFETY ZONES

(a)  Regulated Area.  This Rule applies to the area one hundred feet upstream or downstream from the stations and dams (and associated structures, abutments and equipment of these 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 may 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 provided that they shall wear at all times a U.S. Coast Guard approved personal floatation 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 area described in Paragraph (a) of this Rule shall wear at all times a U.S. Coast Guard approved personal floatation device in serviceable condition and of appropriate size for the wearer. No vessel may tie off to any part of the dam structure or the accessory portions thereof within regulated areas described in Paragraph (a) of this Rule, or to anchor or otherwise secure a vessel in these areas.

(d)  Paragraph (c) of this Rule does 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 is designated as a suitable 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 (Paddy Creek Dam, Linville Dam and Catawba Dam) in the Catawba River in Burke and McDowell counties;

(2)           Cowans Ford Hydroelectric Station (Cowans Ford Dam) in the Catawba River in Lincoln and Mecklenburg counties;

(3)           Lookout Hydroelectric Station (Lookout Dam) in the Catawba River in Catawba and Iredell counties;

(4)           Mountain Island Hydroelectric Station (Mountain Island Dam) in the Catawba River in Gaston and Mecklenburg counties;

(5)           Oxford Hydroelectric Station (Oxford Dam) in the Catawba River in Alexander and Catawba counties;

(6)           Rhodhiss Hydroelectric Station (Rhodhiss Dam) in the Catawba River in Burke and Caldwell counties; and

(7)           Tuxedo Hydroelectric Station (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.

 

15A NCAC 10F .0376        TOWN OF emerald isle

(a)  Regulated Area.  This Rule applies to waters within the territorial jurisdiction of the Town of Emerald Isle, as described in Paragraph (c) of this Rule.

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

(c)  Affected Areas are:

(1)           the entire length of the Bogue Sound Drive Channel, which is .6 miles in length, located adjacent and roughly parallel to the shoreline in the vicinity of Kelly Lane and Bogue Sound Drive;

(2)           the waters of the Coast Guard Channel at a point extending from the north entrance of the channel behind 419 Channel Drive to the west entrance of the channel near 116 Bogue Court; and

(3)           the waters of Bogue Sound adjacent to Archer Point south of and including that portion of the Emerald Isle channel, bounded on the west side by a line running north from 34.67569 N, 77.01537 W to the far side of the channel, and on the east side by a line running northeast from 34.67519 N, 77.01279 W to the far side of the channel.

(d)  Placement and Maintenance of Markers.  The Town of Emerald Isle is designated a suitable agency for placement and maintenance of the markers or signs implementing this Rule.

 

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.

 

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.