§ 113-230. Orders to control activities in coastal wetlands. - North Carolina Statutes

§ 113‑230.  Ordersto control activities in coastal wetlands.

(a)        The Secretary, with the approval of the Coastal ResourcesCommission, may from time to time, for the purpose of promoting the publicsafety, health, and welfare, and protecting public and private property,wildlife and marine fisheries, adopt, amend, modify, or repeal ordersregulating, restricting, or prohibiting dredging, filling, removing orotherwise altering coastal wetlands.  In this section, the term "coastalwetlands" shall mean any marsh as defined in G.S. 113‑229(n)(3), asamended, and such contiguous land as the Secretary reasonably deems necessaryto affect by any such order in carrying out the purposes of this section.

(b)        The Secretary shall, before adopting, amending, modifying orrepealing any such order, hold a public hearing thereon in the county in whichthe coastal wetlands to be affected are located, giving notice thereof tointerested State agencies and each owner or claimed owner of such wetlands bycertified or registered mail at least 21 days prior thereto.

(c)        Upon adoption of any such order or any order amending,modifying or repealing the same, the Secretary shall cause a copy thereof,together with a plan of the lands affected and a list of the owners or claimedowners of such lands, to be recorded in the register of deeds office in thecounty where the land is located, and shall mail a copy of such order and planto each owner or claimed owner of such lands affected thereby.

(d)        Any person, firm or corporation that violates any orderissued under the provisions of this section shall be guilty of a Class 2misdemeanor.

(e)        The superior court shall have jurisdiction in equity torestrain violations of such orders.

(f)         Any person having a recorded interest in or registeredclaim to land affected by any such order may, within 90 days after receivingnotice thereof, petition the superior court to determine whether the petitioneris the owner of the land in question, and in case he is adjudged the owner ofthe subject land, whether such order so restricts the use of his property as todeprive him of the practical uses thereof and is therefore an unreasonableexercise of the police power because the order constitutes the equivalent of ataking without compensation.  If the court finds the order to be anunreasonable exercise of the police power, as aforesaid, the court shall entera finding that such order shall not apply to the land of the petitioner;provided, however, that such finding shall not affect any other land than thatof the petitioner.  The Secretary shall cause a copy of such finding to berecorded forthwith in the register of deeds office in the county where the landis located.  The method provided in this subsection for the determination ofthe issue of whether any such order constitutes a taking without compensationshall be exclusive, and such issue shall not be determined in any otherproceeding.

(g)        After a finding has been entered that such order shall notapply to certain land as provided in the preceding subsection, the Departmentof Administration, upon the request of the Coastal Resources Commission, shalltake the fee or any lesser interest in such land in the name of the State byeminent domain under the provisions of Chapter 146 of the General Statutes andhold the same for the purposes set forth in this section.

(h)        This section shall not repeal the powers, duties andresponsibilities of the Department under the provisions of G.S. 113‑229. (1971, c. 1159, s. 7; 1973, c. 1262, ss. 28, 86; 1977,c. 771, s. 4; 1979, c. 253, s. 4; 1989, c. 727, s. 108; 1993, c. 539, s. 845;1994, Ex. Sess., c. 24, s. 14(c).)