§ 77-37. Regulations for Lake Wylie and shoreline area. - North Carolina Statutes

§77‑37.  Regulations for Lake Wylie and shoreline area.

(a)        Except as limitedin subsection (b) of this section, by restrictions in any joint ordinance andby other supervening provisions of law, the Commission may make regulationsapplicable to Lake Wylie and its shoreline area concerning all matters relatingto or affecting the use of Lake Wylie.  These regulations may not conflict withor supersede provisions of general or special acts or of regulations of stateagencies promulgated under the authority of general law.  No regulationsadopted under the provisions of this section may be adopted by the Commissionexcept after public hearing, with publication of notice of the hearing in anewspaper of general circulation in the three counties at least 10 days beforethe hearing.  In lieu of or in addition to passing regulations supplementary tostate law and regulations concerning the operation of vessels on Lake Wylie,the Commission may, after public notice, request that the North CarolinaWildlife Resources Commission and the South Carolina Department of Wildlife andMarine Resources pass local regulations on this subject in accordance with theprocedure established by appropriate state law.

(b)        Violation of anyregulation of the Commission commanding or prohibiting an act is a Class 3misdemeanor.

(c)        The regulationspromulgated under this section take effect upon passage or upon such dates asmay be stipulated in the regulations except that no regulation may be enforcedunless adequate notice of the regulation has been posted in or on Lake Wylie orits shoreline area.  Adequate notice as to a regulation affecting only aparticular location may be by a sign, uniform waterway marker, posted notice,or other effective method of communicating the essential provisions of theregulation in the immediate vicinity of the location in question.  Where aregulation applies generally as to Lake Wylie or its shoreline area, or both,there must be a posting of notices, signs, or markers communicating theessential provisions in at least three different places throughout the area andit 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 Secretaries ofState of North and South Carolina;

(2)        The clerk ofsuperior court of Mecklenburg and Gaston Counties and the clerk of court ofYork County;

(3)        The ExecutiveDirectors of the Wildlife Resources Commission of North Carolina and SouthCarolina Wildlife and Marine Resources Department.

(e)        Any officialdesignated in subsection (d) above may issue certified copies of regulationsfiled with him under the seal of his office.  These 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 is not a prerequisite to their validity if they infact have been duly promulgated, the public has been notified as to thesubstance 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 proceeding hasbeen prejudiced by any defect that may exist with respect to publication andfiling.  Rules and regulations promulgated by the Commission under theprovisions of other sections of this article relating to internal governance ofthe 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 is presumed in any proceedingthat prior notice was given and maintained and the burden lies upon the partyasserting to the contrary to prove lack of adequate notice of any regulation. (1987,c. 683, s. 8; 1987 (Reg. Sess., 1988), c. 897, s. 8; 1993, c. 539, s. 583;1994, Ex. Sess., c. 24, s. 14(c).)