§ 146-1. Intent of Subchapter. - North Carolina Statutes

Chapter146.

State Lands.

SUBCHAPTER I. UNALLOCATEDSTATE LANDS.

Article 1.

General Provisions.

§ 146‑1.  Intent ofSubchapter.

(a)        It is the purposeand intent of this Subchapter to vest in the Department of Administration,subject to rules and regulations adopted by the Governor and approved by theCouncil of State as hereinafter provided, responsibility for the management,control and disposition of all vacant and unappropriated lands, swamplands,lands acquired by the State by virtue of being sold for taxes, and submergedlands, title to which is vested in the State or in any State agency, to beexercised subject to the provisions of this Subchapter.

(b)        Further, it is theintent of this Subchapter to establish within the Department, a method for obtainingeasements for State‑owned lands covered by navigable waters that includescompensation, recognizes the common law rights of riparian or littoral propertyowners, and balances those rights with the State's obligation to protect publictrust rights for all of its citizens. The North Carolina General Assembly findsthat the State is unable to provide the necessary access for its citizens toexercise public trust rights and, therefore, recognizes the role that publiclyand privately owned piers, docks, wharves, marinas, and other structureslocated in or over State‑owned lands covered by navigable watersgenerally serve in furthering public trust purposes including:

(1)        Providing citizenswith access and ability to exercise public trust boating, fishing, and swimmingactivities;

(2)        Enhancing the valueof appurtenant upland property values with the resulting increased collectionof ad valorem taxes;

(3)        Enhancing tourismwhich is essential to the economy of the State and, in particular, to thecoastal counties; and

(4)        Increasing localparticipation in boating and fishing activities with the resulting increase intaxes paid for fuel, fishing tackle, boat equipment, and imported boats andmotors which taxes contribute to the sound economy of the State, and some ofwhich are paid into the federal Wallop‑Breaux Fund for redistribution tothe State for water resource enhancements and water access improvements.

(c)        Nothing in thisSubchapter shall apply to a privately owned lake or any hydroelectric reservoirlicensed by the Federal Energy Regulatory Commission.

(d)        Nothing in thisSubchapter shall be construed to limit or expand the full exercise of commonlaw riparian or littoral rights. (1959, c. 683, s. 1; 1995, c.529, s. 1.)