§146‑6. Title to land raised from navigable water.
(a) If any land is, byany process of nature or as a result of the erection of any pier, jetty orbreakwater, raised above the high watermark of any navigable water, titlethereto shall vest in the owner of that land which, immediately prior to theraising of the land in question, directly adjoined the navigable water. Thetract, title to which is thus vested in a riparian owner, shall include onlythe front of his formerly riparian tract and shall be confined withinextensions of his property lines, which extensions shall be perpendicular tothe channel, or main watercourses.
(b) If any land is, byact of man, raised above the high watermark of any navigable water by filling,except such filling be to reclaim lands theretofore lost to the owner bynatural causes or as otherwise provided under the proviso of subsection (d),title thereto shall vest in the State and the land so raised shall become apart of the vacant and unappropriated lands of the State, unless the commissionof the act which caused the raising of the land in question shall have beenpreviously approved in the manner provided in subsection (c) of this section.Title to land so raised, however, does not vest in the State if the land was raisedwithin the bounds of a conveyance made by the State Board of Education, whichincluded regularly flooded estuarine marshlands or lands beneath navigablewaters, or if the land was raised under permits issued to private individualspursuant to G.S. 113‑229, G.S. 113A‑100 through 113A‑128, orboth.
(c) If any owner ofland adjoining any navigable water desires to fill in the area immediately infront of his land, he may apply to the Department of Administration for aneasement to make such fill. The applicant shall deliver to each owner ofriparian property adjoining that of the applicant, a copy of the applicationfiled with the Department of Administration, and each such person shall have 30days from the date of such service to file with the Department ofAdministration written objections to the granting of the proposed easement. Ifthe Department of Administration finds that the purpose of the proposed fill isto reclaim lands theretofore lost to the owner by natural causes, no easementto fill shall be required. In such a case the Department shall give theapplicant written permission to proceed with the project. If the purpose of theproposed fill is not to reclaim lands lost by natural causes and the Departmentfinds that the proposed fill will not impede navigation or otherwise interferewith the use of the navigable water by the public or injure any adjoiningriparian owner, it shall issue to such applicant an easement to fill and shallfix the consideration to be paid for the easement, subject to the approval ofthe Governor and Council of State in each instance. The granting by the Stateof the written permission or easement so to fill shall be deemed conclusiveevidence and proof that the applicant has complied with all requisiteconditions precedent to the issuance of such written permission or easement,and his right shall not thereafter be subject to challenge by reason of anyalleged omission on his part. None of the provisions of this section shallrelieve any riparian owner of the requirements imposed by the applicable lawsand regulations of the United States. Upon completion of such filling, theGovernor and Council of State may, upon request, direct the execution of aquitclaim deed therefor to the owner to whom the easement was granted, conveyingthe land so raised, upon such terms as are deemed proper by the Department andapproved by the Governor and Council of State.
(d) If an island is, byany process of nature or by act of man, formed in any navigable water, title tosuch island shall vest in the State and the island shall become a part of thevacant and unappropriated lands of the State. Provided, however, that if in anyprocess of dredging, by either the State or federal government, for the purposeof deepening any harbor or inland waterway, or clearing out or creating thesame, a deposit of the excavated material is made upon the lands of any owner,and title to which at the time is not vested in either the State or federalgovernment, or any other person, whether such excavation be deposited with orwithout the approval of the owner or owners of such lands, all such additionsto lands shall accrue to the use and benefit of the owner or owners of the landor lands on which such deposit shall have been made, and such owner or ownersshall be deemed vested in fee simple with the title to the same.
(e) The Governor andCouncil of State may, upon proof satisfactory to them that any land has beenraised above the high watermark of any navigable water by any process of natureor by the erection of any pier, jetty or breakwater, and that this, or anyother provision of this section vests title in the riparian owner thereof,whenever it may be necessary to do so in order to establish clear title to suchland in the riparian owner, direct execution of a quitclaim deed thereto,conveying to such owner all of the State's right, title, and interest in suchraised land.
(f) Notwithstandingthe other provisions of this section, the title to land in or immediately alongthe Atlantic Ocean raised above the mean high water mark by publicly financedprojects which involve hydraulic dredging or other deposition of spoilmaterials or sand vests in the State. Title to such lands raised throughprojects that received no public funding vests in the adjacent littoralproprietor. All such raised lands shall remain open to the free use andenjoyment of the people of the State, consistent with the public trust rightsin ocean beaches, which rights are part of the common heritage of the people ofthis State. (1959, c. 683, s. 1; 1979, c. 414; 1985, c. 276.)
§146‑6. Title to land raised from navigable water.
(a) If any land is, byany process of nature or as a result of the erection of any pier, jetty orbreakwater, raised above the high watermark of any navigable water, titlethereto shall vest in the owner of that land which, immediately prior to theraising of the land in question, directly adjoined the navigable water. Thetract, title to which is thus vested in a riparian owner, shall include onlythe front of his formerly riparian tract and shall be confined withinextensions of his property lines, which extensions shall be perpendicular tothe channel, or main watercourses.
(b) If any land is, byact of man, raised above the high watermark of any navigable water by filling,except such filling be to reclaim lands theretofore lost to the owner bynatural causes or as otherwise provided under the proviso of subsection (d),title thereto shall vest in the State and the land so raised shall become apart of the vacant and unappropriated lands of the State, unless the commissionof the act which caused the raising of the land in question shall have beenpreviously approved in the manner provided in subsection (c) of this section.Title to land so raised, however, does not vest in the State if the land was raisedwithin the bounds of a conveyance made by the State Board of Education, whichincluded regularly flooded estuarine marshlands or lands beneath navigablewaters, or if the land was raised under permits issued to private individualspursuant to G.S. 113‑229, G.S. 113A‑100 through 113A‑128, orboth.
(c) If any owner ofland adjoining any navigable water desires to fill in the area immediately infront of his land, he may apply to the Department of Administration for aneasement to make such fill. The applicant shall deliver to each owner ofriparian property adjoining that of the applicant, a copy of the applicationfiled with the Department of Administration, and each such person shall have 30days from the date of such service to file with the Department ofAdministration written objections to the granting of the proposed easement. Ifthe Department of Administration finds that the purpose of the proposed fill isto reclaim lands theretofore lost to the owner by natural causes, no easementto fill shall be required. In such a case the Department shall give theapplicant written permission to proceed with the project. If the purpose of theproposed fill is not to reclaim lands lost by natural causes and the Departmentfinds that the proposed fill will not impede navigation or otherwise interferewith the use of the navigable water by the public or injure any adjoiningriparian owner, it shall issue to such applicant an easement to fill and shallfix the consideration to be paid for the easement, subject to the approval ofthe Governor and Council of State in each instance. The granting by the Stateof the written permission or easement so to fill shall be deemed conclusiveevidence and proof that the applicant has complied with all requisiteconditions precedent to the issuance of such written permission or easement,and his right shall not thereafter be subject to challenge by reason of anyalleged omission on his part. None of the provisions of this section shallrelieve any riparian owner of the requirements imposed by the applicable lawsand regulations of the United States. Upon completion of such filling, theGovernor and Council of State may, upon request, direct the execution of aquitclaim deed therefor to the owner to whom the easement was granted, conveyingthe land so raised, upon such terms as are deemed proper by the Department andapproved by the Governor and Council of State.
(d) If an island is, byany process of nature or by act of man, formed in any navigable water, title tosuch island shall vest in the State and the island shall become a part of thevacant and unappropriated lands of the State. Provided, however, that if in anyprocess of dredging, by either the State or federal government, for the purposeof deepening any harbor or inland waterway, or clearing out or creating thesame, a deposit of the excavated material is made upon the lands of any owner,and title to which at the time is not vested in either the State or federalgovernment, or any other person, whether such excavation be deposited with orwithout the approval of the owner or owners of such lands, all such additionsto lands shall accrue to the use and benefit of the owner or owners of the landor lands on which such deposit shall have been made, and such owner or ownersshall be deemed vested in fee simple with the title to the same.
(e) The Governor andCouncil of State may, upon proof satisfactory to them that any land has beenraised above the high watermark of any navigable water by any process of natureor by the erection of any pier, jetty or breakwater, and that this, or anyother provision of this section vests title in the riparian owner thereof,whenever it may be necessary to do so in order to establish clear title to suchland in the riparian owner, direct execution of a quitclaim deed thereto,conveying to such owner all of the State's right, title, and interest in suchraised land.
(f) Notwithstandingthe other provisions of this section, the title to land in or immediately alongthe Atlantic Ocean raised above the mean high water mark by publicly financedprojects which involve hydraulic dredging or other deposition of spoilmaterials or sand vests in the State. Title to such lands raised throughprojects that received no public funding vests in the adjacent littoralproprietor. All such raised lands shall remain open to the free use andenjoyment of the people of the State, consistent with the public trust rightsin ocean beaches, which rights are part of the common heritage of the people ofthis State. (1959, c. 683, s. 1; 1979, c. 414; 1985, c. 276.)
§146‑6. Title to land raised from navigable water.
(a) If any land is, byany process of nature or as a result of the erection of any pier, jetty orbreakwater, raised above the high watermark of any navigable water, titlethereto shall vest in the owner of that land which, immediately prior to theraising of the land in question, directly adjoined the navigable water. Thetract, title to which is thus vested in a riparian owner, shall include onlythe front of his formerly riparian tract and shall be confined withinextensions of his property lines, which extensions shall be perpendicular tothe channel, or main watercourses.
(b) If any land is, byact of man, raised above the high watermark of any navigable water by filling,except such filling be to reclaim lands theretofore lost to the owner bynatural causes or as otherwise provided under the proviso of subsection (d),title thereto shall vest in the State and the land so raised shall become apart of the vacant and unappropriated lands of the State, unless the commissionof the act which caused the raising of the land in question shall have beenpreviously approved in the manner provided in subsection (c) of this section.Title to land so raised, however, does not vest in the State if the land was raisedwithin the bounds of a conveyance made by the State Board of Education, whichincluded regularly flooded estuarine marshlands or lands beneath navigablewaters, or if the land was raised under permits issued to private individualspursuant to G.S. 113‑229, G.S. 113A‑100 through 113A‑128, orboth.
(c) If any owner ofland adjoining any navigable water desires to fill in the area immediately infront of his land, he may apply to the Department of Administration for aneasement to make such fill. The applicant shall deliver to each owner ofriparian property adjoining that of the applicant, a copy of the applicationfiled with the Department of Administration, and each such person shall have 30days from the date of such service to file with the Department ofAdministration written objections to the granting of the proposed easement. Ifthe Department of Administration finds that the purpose of the proposed fill isto reclaim lands theretofore lost to the owner by natural causes, no easementto fill shall be required. In such a case the Department shall give theapplicant written permission to proceed with the project. If the purpose of theproposed fill is not to reclaim lands lost by natural causes and the Departmentfinds that the proposed fill will not impede navigation or otherwise interferewith the use of the navigable water by the public or injure any adjoiningriparian owner, it shall issue to such applicant an easement to fill and shallfix the consideration to be paid for the easement, subject to the approval ofthe Governor and Council of State in each instance. The granting by the Stateof the written permission or easement so to fill shall be deemed conclusiveevidence and proof that the applicant has complied with all requisiteconditions precedent to the issuance of such written permission or easement,and his right shall not thereafter be subject to challenge by reason of anyalleged omission on his part. None of the provisions of this section shallrelieve any riparian owner of the requirements imposed by the applicable lawsand regulations of the United States. Upon completion of such filling, theGovernor and Council of State may, upon request, direct the execution of aquitclaim deed therefor to the owner to whom the easement was granted, conveyingthe land so raised, upon such terms as are deemed proper by the Department andapproved by the Governor and Council of State.
(d) If an island is, byany process of nature or by act of man, formed in any navigable water, title tosuch island shall vest in the State and the island shall become a part of thevacant and unappropriated lands of the State. Provided, however, that if in anyprocess of dredging, by either the State or federal government, for the purposeof deepening any harbor or inland waterway, or clearing out or creating thesame, a deposit of the excavated material is made upon the lands of any owner,and title to which at the time is not vested in either the State or federalgovernment, or any other person, whether such excavation be deposited with orwithout the approval of the owner or owners of such lands, all such additionsto lands shall accrue to the use and benefit of the owner or owners of the landor lands on which such deposit shall have been made, and such owner or ownersshall be deemed vested in fee simple with the title to the same.
(e) The Governor andCouncil of State may, upon proof satisfactory to them that any land has beenraised above the high watermark of any navigable water by any process of natureor by the erection of any pier, jetty or breakwater, and that this, or anyother provision of this section vests title in the riparian owner thereof,whenever it may be necessary to do so in order to establish clear title to suchland in the riparian owner, direct execution of a quitclaim deed thereto,conveying to such owner all of the State's right, title, and interest in suchraised land.
(f) Notwithstandingthe other provisions of this section, the title to land in or immediately alongthe Atlantic Ocean raised above the mean high water mark by publicly financedprojects which involve hydraulic dredging or other deposition of spoilmaterials or sand vests in the State. Title to such lands raised throughprojects that received no public funding vests in the adjacent littoralproprietor. All such raised lands shall remain open to the free use andenjoyment of the people of the State, consistent with the public trust rightsin ocean beaches, which rights are part of the common heritage of the people ofthis State. (1959, c. 683, s. 1; 1979, c. 414; 1985, c. 276.)
