§ 77-77. Regulatory authority.
§77‑77. Regulatory authority.
(a) Except as limitedin subsection (b) of this section, by restrictions in any joint resolution,and by other supervening provisions of law, the Commission may makeregulations applicable to Mountain Island Lake and its shoreline areaconcerning all matters relating to or affecting the use of Mountain IslandLake. These regulations may not conflict with or supersede provisions ofgeneral or special acts or of regulations of State agencies promulgated underthe authority of general law. No regulations adopted under this section may be adopted by the Commission except after public hearing, with publication ofnotice of the hearing being given in a newspaper of general circulation in thethree counties at least 10 days before the hearing. In lieu of or in additionto passing regulations supplementary to State law and regulations concerningthe operation of vessels on Mountain Island Lake, the Commission may, afterpublic notice, request that the Wildlife Commission pass local regulations onthis subject in accordance with the procedure established by appropriate Statelaw.
(b) Violation of anyregulation of the Commission commanding or prohibiting an act shall be a Class3 misdemeanor.
(c) The regulationspromulgated under this section take effect upon passage or upon dates asstipulated in the regulations, except that no regulation may be enforcedunless adequate notice of the regulation has been posted in or on MountainIsland Lake or its shoreline area. Adequate notice as to a regulationaffecting only a particular location may be by a sign, uniform waterwaymarker, posted notice, or other effective method of communicating theessential provisions of the regulation in the immediate vicinity of the locationin question. Where a regulation applies generally as to Mountain Island Lakeor its shoreline area, or both, there must be a posting of notices, signs, ormarkers communicating the essential provisions in at least three differentplaces throughout the area, and it must be printed in a newspaper of general circulation in the three counties.
(d) A copy of eachregulation promulgated under this section must be filed by the Commission withthe following persons:
(1) The Secretary ofState;
(2) The clerks ofSuperior Court of Gaston, Lincoln, and Mecklenburg Counties; and
(3) The ExecutiveDirector of the Wildlife Commission.
(e) Any officialdesignated in subsection (d) above may issue certified copies of regulationsfiled with him under the seal of his office. Those certified copies may bereceived in evidence in any proceeding.
(f) Publication andfiling of regulations promulgated under this section as required above is forinformational purposes and shall not be a prerequisite to their validity ifthey in fact have been duly promulgated, the public has been notified as tothe substance of regulations, a copy of the text of all regulations is in factavailable to any person who may be affected, and no party to any proceedinghas been prejudiced by any defect that may exist with respect to publicationand filing. Rules and regulations promulgated by the Commission under the provisions of other sections of this Article relating to internal governance of the Commission need not be filed or published. Where posting of any sign,notice, or marker or the making of other communication is essential to thevalidity of a regulation duly promulgated, it shall be presumed in anyproceeding that prior notice was given and maintained and the burden lies uponthe party asserting to the contrary to prove lack of adequate notice of anyregulation. (1997‑257, s. 8.)