NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 907

SENATE BILL 400

 

 

AN ACT TO AMEND CHAPTER 146 OF THE GENERAL STATUTES TO PROVIDE A MEANS TO REGULATE DREDGING AND FILLING OF MARSHES AND TIDELANDS.

 

WHEREAS, the marshes, tidelands and navigable streams are the breeding and nursery areas that must be maintained in order to preserve the shellfish, game fish, waterfowl and food fish along our coast; and

WHEREAS, these areas are one of the State's most valuable recreational resources and tourist attractions and must be protected from destruction by unauthorized means; and

WHEREAS, the protection of marsh lands, tidelands and navigable waters is becoming a continuing problem and no record of dredge and dragline owners and operators working in such areas is available and a continuing series of damages is occurring, the following addition to Chapter 146 is necessary to provide a means of protecting this important part of North Carolina's natural resources: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 146 of the General Statutes is hereby amended by adding immediately following G.S. 146-6 a new Section designated as G.S. 146-6.1 which reads as follows: Protection of Marshes and Tidelands:

Any person, firm, or corporation owning, leasing, or otherwise being in possession of power‑operated earth moving equipment operating or to be operated in or on publicly owned tidelands, publicly owned beaches, publicly owned marsh lands, or navigable waters within the State shall register the same with the Department of Water Resources on or before October 1, 1967. Registration as herein provided shall also be required for power-operated equipment used in projects of hauling and placing materials of any sort in areas below the mean high tide. As used herein, the term power-operated earth moving equipment shall include, but not be limited to, dredges, draglines, bulldozers, motor graders, trucks and like equipment. Unregistered equipment may be used to supplement registered equipment in construction of approved projects.

Sec. 2.  A registration number shall be assigned to each machine registered, which number shall be displayed in letters not less than six inches high on the top and side of each machine.

Sec. 3.  Registration of equipment as provided herein shall be renewed annually. A fee of three dollars ($3.00) shall be charged for the registration of each machine, and a fee of three dollars ($3.00) shall be charged for each annual renewal. Revenue from registration fees shall be applied to the cost of administering this Act, including, but not limited to, the employment of personnel and the purchase and operation of equipment and supplies.

Sec. 4.  Any change of ownership of equipment registered under this Act, whether by lease, sale, or other disposition shall be reported in writing to the Department of Water Resources or its successor, which report shall include the name and address of the person, firm or corporation to whom the transfer is made, and such person, firm or corporation shall within 10 days from the date of transfer, register such equipment with the Department of Water Resources as heretofore set forth.

Sec. 5.  Nothing contained herein shall be construed to prevent use of any and all equipment for emergency use in repairing damage caused by hurricanes or like catastrophe, whether or not such equipment is registered and a permit issued as herein provided.

Sec. 6.  The Department of Water Resources or its successor shall be responsible for the administration of this Act.

Sec. 7.  This Act shall apply to all persons, firms, or corporations owning or operating earth moving equipment in publicly owned tidelands, publicly owned marsh lands and navigable waters within the State, excepting, however, equipment owned by the United States of America, the State of North Carolina or political subdivision thereof.

Sec. 8.  Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor.

Sec. 9.  Any person, firm, or corporation aggrieved by any decision rendered under the provisions of this Act may appeal therefrom as provided by Chapter 143, Article 33 of the General Statutes of North Carolina.

Sec. 10.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1967.