State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-85

§ 113A‑85.  Definitions.

Except as otherwise required by context, the following terms when usedin this Article shall be construed respectively to mean:

(1)        "Department" means the North Carolina Departmentof Environment and Natural Resources.

(2)        "Political subdivision" means any county, anyincorporated city or town, or other political subdivision.

(3)        "Scenic easement" means a perpetual easement inland which

a.         Is held for the benefit of the people of North Carolina,

b.         Is specifically enforceable by its holder or beneficiary,and

c.         Limits or obligates the holder of the servient estate, hisheirs, and assigns with respect to their use and management of land andactivities conducted thereon, the object of such limitations and obligationsbeing the maintenance or enhancement of the natural beauty of the land inquestion or of areas affected by it.

(4)        "Secretary" means the Secretary of Environment andNatural Resources, except as otherwise specified in this Article.

(5)        "State trails system" means the trails systemestablished in this Article or pursuant to the State Parks Act, Article 2C ofChapter 113 of the General Statutes, and including all trails and trailsegments, together with their rights‑of‑way, added by any of theprocedures described in this Article or Article 2C of Chapter 113 of theGeneral Statutes.

(6)        "Trail" means:

a.         Park trail. – A trail designated and managed as a unit ofthe North Carolina State Parks System under Article 2C of Chapter 113 of theGeneral Statutes.

b.         Designated trail. – A trail designated by the Secretarypursuant to this Article as a component of the State trails system and that ismanaged by another governmental agency or by a corporation listed with theSecretary of State.

c.         A State scenic trail, State recreation trail, or Stateconnecting trail under G.S. 113A‑86 when the intended primary use of thetrail is to serve as a park trail or designated trail.

d.         Any other trail that is open to the public and that theowner, lessee, occupant, or person otherwise in control of the land on whichthe trail is located allows to be used as a trail without compensation,including a trail that is not designated by the Secretary as a component of theState trails system. (1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989(Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997‑443, s.11A.119(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-85

§ 113A‑85.  Definitions.

Except as otherwise required by context, the following terms when usedin this Article shall be construed respectively to mean:

(1)        "Department" means the North Carolina Departmentof Environment and Natural Resources.

(2)        "Political subdivision" means any county, anyincorporated city or town, or other political subdivision.

(3)        "Scenic easement" means a perpetual easement inland which

a.         Is held for the benefit of the people of North Carolina,

b.         Is specifically enforceable by its holder or beneficiary,and

c.         Limits or obligates the holder of the servient estate, hisheirs, and assigns with respect to their use and management of land andactivities conducted thereon, the object of such limitations and obligationsbeing the maintenance or enhancement of the natural beauty of the land inquestion or of areas affected by it.

(4)        "Secretary" means the Secretary of Environment andNatural Resources, except as otherwise specified in this Article.

(5)        "State trails system" means the trails systemestablished in this Article or pursuant to the State Parks Act, Article 2C ofChapter 113 of the General Statutes, and including all trails and trailsegments, together with their rights‑of‑way, added by any of theprocedures described in this Article or Article 2C of Chapter 113 of theGeneral Statutes.

(6)        "Trail" means:

a.         Park trail. – A trail designated and managed as a unit ofthe North Carolina State Parks System under Article 2C of Chapter 113 of theGeneral Statutes.

b.         Designated trail. – A trail designated by the Secretarypursuant to this Article as a component of the State trails system and that ismanaged by another governmental agency or by a corporation listed with theSecretary of State.

c.         A State scenic trail, State recreation trail, or Stateconnecting trail under G.S. 113A‑86 when the intended primary use of thetrail is to serve as a park trail or designated trail.

d.         Any other trail that is open to the public and that theowner, lessee, occupant, or person otherwise in control of the land on whichthe trail is located allows to be used as a trail without compensation,including a trail that is not designated by the Secretary as a component of theState trails system. (1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989(Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997‑443, s.11A.119(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-85

§ 113A‑85.  Definitions.

Except as otherwise required by context, the following terms when usedin this Article shall be construed respectively to mean:

(1)        "Department" means the North Carolina Departmentof Environment and Natural Resources.

(2)        "Political subdivision" means any county, anyincorporated city or town, or other political subdivision.

(3)        "Scenic easement" means a perpetual easement inland which

a.         Is held for the benefit of the people of North Carolina,

b.         Is specifically enforceable by its holder or beneficiary,and

c.         Limits or obligates the holder of the servient estate, hisheirs, and assigns with respect to their use and management of land andactivities conducted thereon, the object of such limitations and obligationsbeing the maintenance or enhancement of the natural beauty of the land inquestion or of areas affected by it.

(4)        "Secretary" means the Secretary of Environment andNatural Resources, except as otherwise specified in this Article.

(5)        "State trails system" means the trails systemestablished in this Article or pursuant to the State Parks Act, Article 2C ofChapter 113 of the General Statutes, and including all trails and trailsegments, together with their rights‑of‑way, added by any of theprocedures described in this Article or Article 2C of Chapter 113 of theGeneral Statutes.

(6)        "Trail" means:

a.         Park trail. – A trail designated and managed as a unit ofthe North Carolina State Parks System under Article 2C of Chapter 113 of theGeneral Statutes.

b.         Designated trail. – A trail designated by the Secretarypursuant to this Article as a component of the State trails system and that ismanaged by another governmental agency or by a corporation listed with theSecretary of State.

c.         A State scenic trail, State recreation trail, or Stateconnecting trail under G.S. 113A‑86 when the intended primary use of thetrail is to serve as a park trail or designated trail.

d.         Any other trail that is open to the public and that theowner, lessee, occupant, or person otherwise in control of the land on whichthe trail is located allows to be used as a trail without compensation,including a trail that is not designated by the Secretary as a component of theState trails system. (1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989(Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997‑443, s.11A.119(a).)