§ 113‑131. Resources belong to public;stewardship of conservation agencies; grant and delegation of powers;injunctive relief.
(a) The marine and estuarine and wildlife resources of the Statebelong to the people of the State as a whole. The Department and the WildlifeResources Commission are charged with stewardship of these resources.
(b) The following powers are hereby granted to the Departmentand the Wildlife Resources Commission and may be delegated to the FisheriesDirector and the Executive Director:
(1) Comment on and object to permit applications submitted toState agencies which may affect the public trust resources in the land andwater areas subject to their respective management duties so as to conserve andprotect the public trust rights in such land and water areas;
(2) Investigate alleged encroachments upon, usurpations of, orother actions in violation of the public trust rights of the people of the State; and
(3) Initiate contested case proceedings under Chapter 150B forreview of permit decisions by State agencies which will adversely affect thepublic trust rights of the people of the State or initiate civil actions toremove or restrain any unlawful or unauthorized encroachment upon, usurpationof, or any other violation of the public trust rights of the people of theState or legal rights of access to such public trust areas.
(c) Whenever there exists reasonable cause to believe that anyperson or other legal entity has unlawfully encroached upon, usurped, orotherwise violated the public trust rights of the people of the State or legalrights of access to such public trust areas, a civil action may be institutedby the responsible agency for injunctive relief to restrain the violation andfor a mandatory preliminary injunction to restore the resources to anundisturbed condition. The action shall be brought in the superior court ofthe county in which the violation occurred. The institution of an action forinjunctive relief under this section shall not relieve any party to suchproceeding from any civil or criminal penalty otherwise prescribed for theviolation.
(d) The Attorney General shall act as the attorney for theagencies and shall initiate actions in the name of and at the request of theDepartment or the Wildlife Resources Commission.
(e) In this section, the term "public trust resources"means land and water areas, both public and private, subject to public trustrights as that term is defined in G.S. 1‑45.1. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1987, c.641, s. 14.)
§ 113‑131. Resources belong to public;stewardship of conservation agencies; grant and delegation of powers;injunctive relief.
(a) The marine and estuarine and wildlife resources of the Statebelong to the people of the State as a whole. The Department and the WildlifeResources Commission are charged with stewardship of these resources.
(b) The following powers are hereby granted to the Departmentand the Wildlife Resources Commission and may be delegated to the FisheriesDirector and the Executive Director:
(1) Comment on and object to permit applications submitted toState agencies which may affect the public trust resources in the land andwater areas subject to their respective management duties so as to conserve andprotect the public trust rights in such land and water areas;
(2) Investigate alleged encroachments upon, usurpations of, orother actions in violation of the public trust rights of the people of the State; and
(3) Initiate contested case proceedings under Chapter 150B forreview of permit decisions by State agencies which will adversely affect thepublic trust rights of the people of the State or initiate civil actions toremove or restrain any unlawful or unauthorized encroachment upon, usurpationof, or any other violation of the public trust rights of the people of theState or legal rights of access to such public trust areas.
(c) Whenever there exists reasonable cause to believe that anyperson or other legal entity has unlawfully encroached upon, usurped, orotherwise violated the public trust rights of the people of the State or legalrights of access to such public trust areas, a civil action may be institutedby the responsible agency for injunctive relief to restrain the violation andfor a mandatory preliminary injunction to restore the resources to anundisturbed condition. The action shall be brought in the superior court ofthe county in which the violation occurred. The institution of an action forinjunctive relief under this section shall not relieve any party to suchproceeding from any civil or criminal penalty otherwise prescribed for theviolation.
(d) The Attorney General shall act as the attorney for theagencies and shall initiate actions in the name of and at the request of theDepartment or the Wildlife Resources Commission.
(e) In this section, the term "public trust resources"means land and water areas, both public and private, subject to public trustrights as that term is defined in G.S. 1‑45.1. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1987, c.641, s. 14.)
§ 113‑131. Resources belong to public;stewardship of conservation agencies; grant and delegation of powers;injunctive relief.
(a) The marine and estuarine and wildlife resources of the Statebelong to the people of the State as a whole. The Department and the WildlifeResources Commission are charged with stewardship of these resources.
(b) The following powers are hereby granted to the Departmentand the Wildlife Resources Commission and may be delegated to the FisheriesDirector and the Executive Director:
(1) Comment on and object to permit applications submitted toState agencies which may affect the public trust resources in the land andwater areas subject to their respective management duties so as to conserve andprotect the public trust rights in such land and water areas;
(2) Investigate alleged encroachments upon, usurpations of, orother actions in violation of the public trust rights of the people of the State; and
(3) Initiate contested case proceedings under Chapter 150B forreview of permit decisions by State agencies which will adversely affect thepublic trust rights of the people of the State or initiate civil actions toremove or restrain any unlawful or unauthorized encroachment upon, usurpationof, or any other violation of the public trust rights of the people of theState or legal rights of access to such public trust areas.
(c) Whenever there exists reasonable cause to believe that anyperson or other legal entity has unlawfully encroached upon, usurped, orotherwise violated the public trust rights of the people of the State or legalrights of access to such public trust areas, a civil action may be institutedby the responsible agency for injunctive relief to restrain the violation andfor a mandatory preliminary injunction to restore the resources to anundisturbed condition. The action shall be brought in the superior court ofthe county in which the violation occurred. The institution of an action forinjunctive relief under this section shall not relieve any party to suchproceeding from any civil or criminal penalty otherwise prescribed for theviolation.
(d) The Attorney General shall act as the attorney for theagencies and shall initiate actions in the name of and at the request of theDepartment or the Wildlife Resources Commission.
(e) In this section, the term "public trust resources"means land and water areas, both public and private, subject to public trustrights as that term is defined in G.S. 1‑45.1. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1987, c.641, s. 14.)
