15A N.C. Admin. Code 7O.0202

Current through Register Vol. 39, No. 11, December 2, 2024

Section 07O .0202 - RESERVE USE REQUIREMENTS

The following use requirements shall apply to the lands and waters within the boundaries of the components of the Reserve:

(1) The natural character of the Reserve shall be maintained.

(2) Traditional uses within each component shall be allowed to continue as long as the activities are consistent with 15A NCAC 07O .0101(4). Incompatible traditional uses are prohibited and shall include:

(a) fishing, hunting, or trapping activities not allowed by federal, state, and local rules;

(b) target shooting; and

(c) mechanical clam dredging.

(3) Disturbing a research or natural resource monitoring project or research equipment in place at the Reserve that is authorized by the Division of Coastal Management is prohibited.

(4) Camping or any form of habitation on the uplands or wetlands of the Reserve is prohibited except on the uplands at the Masonboro Island Reserve, where camping is allowed for no more than two consecutive nights.

(5) Fires are prohibited except at the Masonboro Island Reserve on sand at least 15 feet from vegetation.

(6) Disturbing or removing any live animals, except those allowed by local or state hunting, trapping, and fishing rules as they apply to the Reserve, or vegetation, fungi, or cultural resources within the Reserve unless such action is part of a research or educational project authorized by the Division of Coastal Management is prohibited.

(7) Persons wishing to engage in scientific research and monitoring, or collection of natural and cultural materials for scientific purposes within the Reserve shall secure written authorization from the Division of Coastal Management prior to beginning said activity. Written authorization does not eliminate the need to obtain any other federal, state, or local authorization, nor to abide by regulations adopted by any federal, state, or local agency. Application for authorization shall be made by contacting Reserve staff at the Division of Coastal Management.

(8) Producing noise disruptive to local wildlife or the aesthetic enjoyment of the Reserve as a natural area is prohibited.

(9) Conducting or engaging in acts or uses which are detrimental to the maintenance of the Reserve in its natural condition is prohibited including, disturbances of the soil, mining, commercial or industrial uses, timber harvesting, ditching and draining, and deposition of waste materials.

(10) The following requirements pertain to littering, dumping, deposition, and pollution:

(a) Leaving any personal property unattended within the boundaries of any Reserve component longer than 24 hours is prohibited, at which point it shall be considered litter in accordance with G.S. 14-399 and subject to removal at the owner's expense. Owner may also be subject to prosecution.

(b) Abandoning or allowing to be abandoned any vessels of any kind within the boundaries of any Reserve component is prohibited. Vessels not removed within 30 days shall be considered litter in accordance with G.S. 14-399 and subject to removal at the owner's expense. Owner may also be subject to prosecution.

(c) Disposing of any litter, as described in G.S. 14-399, within the boundaries of any Reserve component is prohibited.

(d) Dumping, depositing, placing, or allowing to be abandoned any autos, appliances, trash, debris, garbage, shell, or discarded material(s) of any kind within the boundaries of any Reserve component is prohibited.

(e) Conducting or engaging in activities that pollute any land, wetland, stream, creek, or other body of water within the boundaries of any Reserve component is prohibited, in accordance with G.S. 75A-10, 76-40.

(11) The following requirements pertain to vehicles and parking:

(a) Motorized vehicles as defined in G.S. 20-4.01(23) are prohibited within the boundaries of any Reserve component while not engaged in a Reserve-based activity, Reserve business, or an activity authorized by the Division of Coastal Management.

(b) Motorized vehicles are prohibited outside of designated corridors within the boundaries of Reserve components where vehicles are allowed for upland transportation according to the management plan.

(c) Allowing a motorized vehicle to block traffic, gates, driveways, or emergency vehicle access is prohibited.

(d) Parking a motorized vehicle within the boundaries of any Reserve component overnight, or allowing a motorized vehicle to remain anywhere within the boundaries of any Reserve component unattended or abandoned for longer than 12 hours is prohibited, except at the Currituck Banks Reserve parking lot where there is a 2 hour limit.

(e) The Division or its agents may immobilize or tow any motorized vehicle that is in violation of this Rule at the owner's expense.

(f) Non-motorized vehicles are prohibited where the use of the vehicle will damage natural resources and on pedestrian trails not designated for this use.

(12) The Division staff and its authorized agents are exempt from this Rule when engaged in management activities, such as incorporation of natural materials, beneficial use of dredged materials, or other engineering practices that protect, restore, or enhance the natural character of the Reserve.

15A N.C. Admin. Code 07O .0202

Authority G.S. 113-3; 113-8; 113-264; 113A-129.2; 143B-10;
Eff. July 1, 1986;
Amended Eff. April 1, 1999; December 1, 1991; April 1, 1988;
Readopted Eff. February 1, 2022.

Authority G.S. 143B-10;
Eff. 7/1/1986;
Amended Eff. 4/1/1999; December 1, 1991; April 1, 1988.

Readopted by North Carolina Register Volume 36, Issue 13, January 3, 2022 effective 2/1/2022.