§ 113-35. State timber may be sold by Department; forest nurseries; control over parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rule - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 113 - Conservation and Development. > § 113-35. State timber may be sold by Department; forest nurseries; control over parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rule

§ 113-35. State timber may be sold by Department; forest nurseries; control over parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rule

§ 113‑35.  State timbermay be sold by Department; forest nurseries; control over parks; operation ofpublic service facilities; concessions to private concerns; authority to chargefees and adopt rules.

(a)        Timber and otherproducts of State forests may be sold, cut, and removed under rules of theDepartment. The Department may establish and operate forest tree nurseries andforest tree seed orchards. Forest tree seedlings and seed from these nurseriesand seed orchards may be sold to landowners of the State for purposes offorestation under rules adopted by the Department. When the Secretarydetermines that a surplus of seedlings or seed exists, this surplus may besold, and the sale shall be in conformity with the following priority of sale:first, to agencies of the federal government for planting in the State of NorthCarolina; second, to commercial nurseries and nurserymen within this State; andthird, without distinction, to federal agencies, to other states, and torecognized research organizations for planting either within or outside of thisState. The Department shall make reasonable rules governing the use by thepublic of State forests, State parks, State lakes, game refuges, and publicshooting grounds under its charge. These rules shall be posted in conspicuousplaces on and adjacent to the properties of the State and at the courthouse ofthe county or counties in which the properties are located. A violation ofthese rules is punishable as a Class 3 misdemeanor.

(a1)      The Department mayadopt rules under which the Secretary may issue a special‑use permitauthorizing the use of pyrotechnics in State parks in connection with publicexhibitions. The rules shall require that experts supervise the use ofpyrotechnics and that written authorization for the use of pyrotechnics beobtained from the board of commissioners of the county in which thepyrotechnics are to be used, as provided in G.S. 14‑410. The Secretarymay impose any conditions on a permit that the Secretary determines to benecessary to protect public health, safety, and welfare. These conditions shallinclude a requirement that the permittee execute an indemnification agreementwith the Department and obtain general liability insurance covering personalinjury and property damage that may result from the use of pyrotechnics withpolicy limits determined by the Secretary.

(b)        The Department mayconstruct, operate, and maintain within the State forests, State parks, Statelakes, and other areas under its charge suitable public service facilities andconveniences, and may charge and collect reasonable fees for the use of thesefacilities and conveniences. The Department may also charge and collectreasonable fees for each of the following:

(1)        The erection,maintenance, and use of docks, piers, and any other structures permitted in oron State lakes under rules adopted by the Department.

(2)        Hunting privilegeson State forests and fishing privileges in State forests, State parks, andState lakes, provided that these privileges shall be extended only to holdersof State hunting and fishing licenses who comply with all State game and fishlaws.

(3)        Vehicle access foroff‑road driving at the beach at Fort Fisher State Recreation Area.

(4)        The erection,maintenance, and use of a marina at Carolina Beach.

(b1)      Members of thepublic who pay a fee under subsection (b) of this section for access to FortFisher State Recreation Area may have 24‑hour access to Fort Fisher StateRecreation Area from September 15 through March 15 of each year.

(c)        The Department maymake reasonable rules for the operation and use of boats or other craft on thesurface of the waters under its charge. The Department may charge and collectreasonable fees for the use of boats and other watercraft that are purchasedand maintained by the Department; however, the Department shall not charge afee for the use or operation of any other boat or watercraft on these waters.

(d)        The Department maygrant to private individuals or companies concessions for operation of publicservice facilities for such periods and upon such conditions as the Departmentdeems to be in the public interest. The Department may adopt reasonable rulesfor the regulation of the use by the public of the lands and waters under itscharge and of the public service facilities and conveniences authorized underthis section. A violation of these rules is punishable as a Class 3misdemeanor.

(e)        The authoritygranted to the Department under this section is in addition to any authoritygranted to the Department under any other provision of law. (1931, c. 111; 1947, c. 697;1965, c. 1008, s. 2; 1969, c. 343; 1973, c. 547; c. 1262, ss. 28, 86; 1977, c.771, s. 4; 1987, c. 827, s. 92; 1989, c. 727, s. 55; 1993, c. 539, ss. 830,831; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑258, s. 2; 1997‑443, s.11A.119(a); 2003‑284, ss. 35.1(b), 35.1A(a), 35.1A(b); 2004‑124, s.12.3(a).)