§ 77-77. Regulatory authority. - North Carolina Statutes

§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.)