§ 75A‑15. Rules onwater safety; adoption of the United States Aids to Navigation System.
(a) In accordance withsubsection (b) of this section, the Commission is empowered to adopt rules, forthe local water in question, as to:
(1) Operation ofvessels, including restrictions concerning speed zones, and type of activityconducted.
(2) Promotion of boatingand water safety generally by occupants of vessels, swimmers, fishermen, andothers using the water.
(3) Placement andmaintenance of navigation aids and markers, in conformity with governingprovisions of law.
Prior to the adoption of anyrules, the Commission shall investigate the water recreation and safety needsof the local water in question. In conducting the investigation, the Commissionin its discretion may hold public hearings on the rules proposed and thegeneral needs of the local water in question. After completion of theinvestigation and application of standards, the Commission may in itsdiscretion adopt the rules requested, adopt them in an amended form, or refuseto adopt them. After adoption, the Commission may amend or repeal the rulesafter first holding a public hearing.
(b) Any subdivision ofthis State may, but only after public notice, make formal application to theCommission for rules on waters within the subdivision's territorial limits asto the matters listed in subsection (a) of this section. The Commission mayadopt rules applicable to local areas of water defined by the Commission thatare found to be heavily used for water recreation purposes by persons fromother areas of the State and as to which there is not coordinated localinterest in regulation.
(b1) The Commission mayadopt rules to prohibit entry of vessels into public swimming areas and toestablish speed zones at public vessel launching ramps, marinas, or vesselservice areas and on other congested water areas where there are demonstratedwater safety hazards. Enforcement of rules adopted pursuant to this subsectionshall be dependent upon placement and maintenance of regulatory markers inaccordance with the United States Aids to Navigation System by the Commissionor an agency designated by the Commission.
(c) The United StatesAids to Navigation System, as established by 33 Code of Federal RegulationsPart 62 (July 1, 2005 edition), is hereby adopted for use on the waters ofNorth Carolina. The Commission is authorized to adopt rules implementing themarking system and may:
(1) Modify provisions asnecessary to meet the special water recreational and safety needs of thisState, provided that the modifications do not depart in any essential mannerfrom the uniform standards being adopted in other states.
(2) Modify provisions asnecessary to conform with amendments to the marking system that may be proposedfor adoption by the states.
(3) Enact supplementarystandards regarding design, construction, placement, and maintenance ofmarkers.
(4) Enact clarifyingrules as to matters not covered with precision in the United States Aids toNavigation System.
(5) Enact implementingrules as to matters left to State discretion in the United States Aids toNavigation System.
(6) Enact rulesforbidding or restricting the placement of markers either throughout the Stateor in certain classes or areas of waters without prior permission having beenobtained from the Commission or some agency or official designated by theCommission.
(c1) It is unlawful toplace or maintain any marker of the sort covered by the marking system in thewaters of North Carolina that does not conform to or is in violation of themarking system and the implementing rules of the Commission.
(d) Rules enacted underthe authority of subsections (a), (b), and (b1) of this section shall supersedeall local rules in conflict or incompatible with such rules. As used in thissubsection, "local rules" shall include provisions relating toboating, water safety, or other recreational use of local waters in speciallocal, or private acts, in ordinances or rules of local governing bodies, or inordinances or rules of local water authorities. Except as may be authorized insubsections (a), (b), and (b1) of this section, no local rules may be maderespecting the United States Aids to Navigation System and its implementationor respecting supplemental safety equipment on vessels.
(e) The Commission mayadopt rules prohibiting entry or use by vessels or swimmers of waters of theState immediately surrounding impoundment structures and powerhouses associatedwith electric generating facilities that are found to pose a hazard to watersafety. This subsection shall not apply to the Person‑Caswell LakeAuthority, Carolina Power and Light Company Lake (Hyco). (1959, c. 1064, s. 15; 1965,c. 394; 1969, c. 1093, s. 4; 1977, c. 424; 1983 (Reg. Sess., 1984), c. 1082,ss. 4, 5; 1987, c. 827, s. 5; 1993 (Reg. Sess., 1994), c. 753, s. 3; 2006‑185,s. 1.)
§ 75A‑15. Rules onwater safety; adoption of the United States Aids to Navigation System.
(a) In accordance withsubsection (b) of this section, the Commission is empowered to adopt rules, forthe local water in question, as to:
(1) Operation ofvessels, including restrictions concerning speed zones, and type of activityconducted.
(2) Promotion of boatingand water safety generally by occupants of vessels, swimmers, fishermen, andothers using the water.
(3) Placement andmaintenance of navigation aids and markers, in conformity with governingprovisions of law.
Prior to the adoption of anyrules, the Commission shall investigate the water recreation and safety needsof the local water in question. In conducting the investigation, the Commissionin its discretion may hold public hearings on the rules proposed and thegeneral needs of the local water in question. After completion of theinvestigation and application of standards, the Commission may in itsdiscretion adopt the rules requested, adopt them in an amended form, or refuseto adopt them. After adoption, the Commission may amend or repeal the rulesafter first holding a public hearing.
(b) Any subdivision ofthis State may, but only after public notice, make formal application to theCommission for rules on waters within the subdivision's territorial limits asto the matters listed in subsection (a) of this section. The Commission mayadopt rules applicable to local areas of water defined by the Commission thatare found to be heavily used for water recreation purposes by persons fromother areas of the State and as to which there is not coordinated localinterest in regulation.
(b1) The Commission mayadopt rules to prohibit entry of vessels into public swimming areas and toestablish speed zones at public vessel launching ramps, marinas, or vesselservice areas and on other congested water areas where there are demonstratedwater safety hazards. Enforcement of rules adopted pursuant to this subsectionshall be dependent upon placement and maintenance of regulatory markers inaccordance with the United States Aids to Navigation System by the Commissionor an agency designated by the Commission.
(c) The United StatesAids to Navigation System, as established by 33 Code of Federal RegulationsPart 62 (July 1, 2005 edition), is hereby adopted for use on the waters ofNorth Carolina. The Commission is authorized to adopt rules implementing themarking system and may:
(1) Modify provisions asnecessary to meet the special water recreational and safety needs of thisState, provided that the modifications do not depart in any essential mannerfrom the uniform standards being adopted in other states.
(2) Modify provisions asnecessary to conform with amendments to the marking system that may be proposedfor adoption by the states.
(3) Enact supplementarystandards regarding design, construction, placement, and maintenance ofmarkers.
(4) Enact clarifyingrules as to matters not covered with precision in the United States Aids toNavigation System.
(5) Enact implementingrules as to matters left to State discretion in the United States Aids toNavigation System.
(6) Enact rulesforbidding or restricting the placement of markers either throughout the Stateor in certain classes or areas of waters without prior permission having beenobtained from the Commission or some agency or official designated by theCommission.
(c1) It is unlawful toplace or maintain any marker of the sort covered by the marking system in thewaters of North Carolina that does not conform to or is in violation of themarking system and the implementing rules of the Commission.
(d) Rules enacted underthe authority of subsections (a), (b), and (b1) of this section shall supersedeall local rules in conflict or incompatible with such rules. As used in thissubsection, "local rules" shall include provisions relating toboating, water safety, or other recreational use of local waters in speciallocal, or private acts, in ordinances or rules of local governing bodies, or inordinances or rules of local water authorities. Except as may be authorized insubsections (a), (b), and (b1) of this section, no local rules may be maderespecting the United States Aids to Navigation System and its implementationor respecting supplemental safety equipment on vessels.
(e) The Commission mayadopt rules prohibiting entry or use by vessels or swimmers of waters of theState immediately surrounding impoundment structures and powerhouses associatedwith electric generating facilities that are found to pose a hazard to watersafety. This subsection shall not apply to the Person‑Caswell LakeAuthority, Carolina Power and Light Company Lake (Hyco). (1959, c. 1064, s. 15; 1965,c. 394; 1969, c. 1093, s. 4; 1977, c. 424; 1983 (Reg. Sess., 1984), c. 1082,ss. 4, 5; 1987, c. 827, s. 5; 1993 (Reg. Sess., 1994), c. 753, s. 3; 2006‑185,s. 1.)
§ 75A‑15. Rules onwater safety; adoption of the United States Aids to Navigation System.
(a) In accordance withsubsection (b) of this section, the Commission is empowered to adopt rules, forthe local water in question, as to:
(1) Operation ofvessels, including restrictions concerning speed zones, and type of activityconducted.
(2) Promotion of boatingand water safety generally by occupants of vessels, swimmers, fishermen, andothers using the water.
(3) Placement andmaintenance of navigation aids and markers, in conformity with governingprovisions of law.
Prior to the adoption of anyrules, the Commission shall investigate the water recreation and safety needsof the local water in question. In conducting the investigation, the Commissionin its discretion may hold public hearings on the rules proposed and thegeneral needs of the local water in question. After completion of theinvestigation and application of standards, the Commission may in itsdiscretion adopt the rules requested, adopt them in an amended form, or refuseto adopt them. After adoption, the Commission may amend or repeal the rulesafter first holding a public hearing.
(b) Any subdivision ofthis State may, but only after public notice, make formal application to theCommission for rules on waters within the subdivision's territorial limits asto the matters listed in subsection (a) of this section. The Commission mayadopt rules applicable to local areas of water defined by the Commission thatare found to be heavily used for water recreation purposes by persons fromother areas of the State and as to which there is not coordinated localinterest in regulation.
(b1) The Commission mayadopt rules to prohibit entry of vessels into public swimming areas and toestablish speed zones at public vessel launching ramps, marinas, or vesselservice areas and on other congested water areas where there are demonstratedwater safety hazards. Enforcement of rules adopted pursuant to this subsectionshall be dependent upon placement and maintenance of regulatory markers inaccordance with the United States Aids to Navigation System by the Commissionor an agency designated by the Commission.
(c) The United StatesAids to Navigation System, as established by 33 Code of Federal RegulationsPart 62 (July 1, 2005 edition), is hereby adopted for use on the waters ofNorth Carolina. The Commission is authorized to adopt rules implementing themarking system and may:
(1) Modify provisions asnecessary to meet the special water recreational and safety needs of thisState, provided that the modifications do not depart in any essential mannerfrom the uniform standards being adopted in other states.
(2) Modify provisions asnecessary to conform with amendments to the marking system that may be proposedfor adoption by the states.
(3) Enact supplementarystandards regarding design, construction, placement, and maintenance ofmarkers.
(4) Enact clarifyingrules as to matters not covered with precision in the United States Aids toNavigation System.
(5) Enact implementingrules as to matters left to State discretion in the United States Aids toNavigation System.
(6) Enact rulesforbidding or restricting the placement of markers either throughout the Stateor in certain classes or areas of waters without prior permission having beenobtained from the Commission or some agency or official designated by theCommission.
(c1) It is unlawful toplace or maintain any marker of the sort covered by the marking system in thewaters of North Carolina that does not conform to or is in violation of themarking system and the implementing rules of the Commission.
(d) Rules enacted underthe authority of subsections (a), (b), and (b1) of this section shall supersedeall local rules in conflict or incompatible with such rules. As used in thissubsection, "local rules" shall include provisions relating toboating, water safety, or other recreational use of local waters in speciallocal, or private acts, in ordinances or rules of local governing bodies, or inordinances or rules of local water authorities. Except as may be authorized insubsections (a), (b), and (b1) of this section, no local rules may be maderespecting the United States Aids to Navigation System and its implementationor respecting supplemental safety equipment on vessels.
(e) The Commission mayadopt rules prohibiting entry or use by vessels or swimmers of waters of theState immediately surrounding impoundment structures and powerhouses associatedwith electric generating facilities that are found to pose a hazard to watersafety. This subsection shall not apply to the Person‑Caswell LakeAuthority, Carolina Power and Light Company Lake (Hyco). (1959, c. 1064, s. 15; 1965,c. 394; 1969, c. 1093, s. 4; 1977, c. 424; 1983 (Reg. Sess., 1984), c. 1082,ss. 4, 5; 1987, c. 827, s. 5; 1993 (Reg. Sess., 1994), c. 753, s. 3; 2006‑185,s. 1.)
