§ 113A-36. Administrative agency; federal grants; additions to the system; regulations.
§ 113A‑36. Administrative agency; federal grants; additions to the system; regulations.
(a) The Department is the agency of the State of North Carolinawith the duties and responsibilities to administer and control the NorthCarolina natural and scenic rivers system.
(b) The Department shall be the agency of the State with theauthority to accept federal grants of assistance in planning, developing (whichwould include the acquisition of land or an interest in land), andadministering the natural and scenic rivers system.
(c) The Secretary of the Department shall study and from time totime submit to the Governor and to the General Assembly proposals for theadditions to the system of rivers and segments of rivers which, in hisjudgment, fall within one or more of the categories set out in G.S. 113A‑34.Each proposal shall specify the category of the proposed addition and shall beaccompanied by a detailed report of the facts which, in the Secretary'sjudgment, makes the area a worthy addition to the system.
Before submitting any proposal to the Governor or the General Assemblyfor the addition to the system of a river or segment of a river, the Secretaryor his authorized representative, shall hold a public hearing in the county orcounties where said river or segment of river is situated. Notice of suchpublic hearing shall be given by publishing a notice once each week for twoconsecutive weeks in a newspaper having general circulation in the county wheresaid hearing is to be held, the second of said notices appearing not less than10 days before said hearing. Any person attending said hearing shall be givenan opportunity to be heard. Notwithstanding the provisions of the foregoing, nopublic hearing shall be required with respect to a river bounded solely by theproperty of one owner, who consents in writing to the addition of such river tothe system.
The Department shall also conduct an investigation on the feasibilityof the inclusion of a river or a segment of river within the system and file awritten report with the Governor when submitting a proposal.
The Department shall also, before submitting such a proposal to theGovernor or the General Assembly, notify in writing the owner, lessee, ortenant of any lands adjoining said river or segment of river of its intentionto make such proposal. In the event the Department, after due diligence, isunable to determine the owner or lessee of any such land, the Department maypublish a notice for four successive weeks in a newspaper having generalcirculation in the county where the land is situated of its intention to make aproposal to the Governor or General Assembly for the addition of a river orsegment of river to the system.
(c1) Upon receipt of a request in the form of a resolution fromthe commissioners of the county or counties in which a river segment is locatedand upon studying the segment and determining that it meets the criteria setforth in G.S. 113A‑35, the Secretary may designate the segment apotential component of the natural and scenic rivers system. The designation asa potential component shall be transmitted to the Governor and all appropriateState agencies. Any segment so designated is subject to the provisions of thisArticle applicable to designated rivers, except for acquisition by condemnationor otherwise, and to any rules adopted pursuant to this Article. The Secretaryshall make a full report and, if appropriate, a proposal for an addition to thenatural and scenic rivers system to the General Assembly within 90 days afterthe convening of the next session following issuance of the designation, andthe General Assembly shall determine whether to designate the segment as acomponent of the natural and scenic rivers system. If the next session of theGeneral Assembly fails to take affirmative action on the designation, thedesignation as a potential component shall expire.
(d) The Department may adopt rules to implement this Article. (1971, c. 1167, s. 2; 1973, c. 911; c. 1262, ss. 28,86; 1977, c. 771, s. 4; 1985, c. 129, s. 1; 1987, c. 827, ss. 125, 128; 1989,c. 727, s. 123.)