§ 77-87. Regulatory authority. - North Carolina Statutes

§ 77‑87.  Regulatoryauthority.

(a)        Except as limitedin subsection (b) of this section, by restrictions in any municipal ordinance,and by other supervening provisions of law, the Commission may make regulationsapplicable to Lake Lure and its shoreline area concerning all matters relatingto or affecting the use of Lake Lure. These regulations may not conflict withprovisions of general or special acts or of regulations of State agenciespromulgated under the authority of general law. No regulations adopted underthe provisions of this section may be adopted by the Commission except afterpublic hearing, with publication of notice of the hearing in a newspaper ofgeneral circulation in Rutherford County at least 10 days before the hearing.In lieu of or in addition to passing regulations supplementary to State law andregulations concerning the operation of vessels on Lake Lure, the Commissionmay, after public notice, request that the Wildlife Resources Commission passlocal regulations on this subject in accordance with the procedure establishedby appropriate State law.

(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 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 Lure orits shoreline area. Ordinances providing regulations for specific areas shallclearly establish the boundaries of the affected area by including a map of theregulated area, with the boundaries clearly drawn, by setting out theboundaries in a written description, or by a combination of these techniques.Adequate notice as to a regulation affecting only a particular location shallbe given in the following manner. When an ordinance providing regulations for aspecific area is proposed, owners of the parcel of land involved as shown onthe county tax listing, and the owners of land within 500 feet of the proposedarea to be regulated, as shown on the county tax listing, shall be mailed anotice of the proposed classification by first‑class mail at the lastaddresses listed for such owners on the county tax abstracts. This mailing requirementdoes not apply in regulations affecting the entire lake. Notice shall also begiven by a sign, uniform waterway marker, posted notice, or other effectivemethod of communicating the essential provisions of the regulation in theimmediate vicinity of the location in question. Where a regulation appliesgenerally as to the waters of Lake Lure or its shoreline area, or both, theremust be a posting of notices, signs, or markers communicating the essentialprovisions in at least three different places throughout the area, and it shallbe printed in a newspaper of general circulation in Rutherford County.

(d)        A copy of eachregulation promulgated under this section must be filed by the Commission withthe following persons:

(1)        The Secretary ofState;

(2)        The clerk ofsuperior court of Rutherford County;

(3)        The ExecutiveDirector of the Wildlife Resources Commission; and

(4)        The federal EnergyRegulatory Commission licensee for Lake Lure, if other than the Town of LakeLure.

(e)        Any officialdesignated in subsection (d) of this section may issue certified copies ofregulations filed with the official under the seal of the official's office.Such certified copies may be received in evidence in any proceeding.

(f)         Publication andfiling of regulations promulgated under this section as required above are forinformational purposes and are a prerequisite to their validity if they in facthave been duly promulgated, the public has been notified as to the substance ofthe regulations, a copy of the text of all regulations is in fact available toany person who may be affected, and no party to any proceeding has beenprejudiced by any defect that may exist with respect to publication and filing.Rules and regulations promulgated by the Commission under the provisions ofother sections of this Article relating to internal governance of theCommission need not be filed or published. Where posting of any sign, notice,or marker, or the making of other communication is essential to the validity ofa regulation duly promulgated, it is presumed in any proceeding that priornotice was given and maintained, and the burden lies upon the party assertingto the contrary to prove lack of adequate notice of any regulation. (2003‑332, s. 1.)