S.L. 1969-1143

NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1143

HOUSE BILL 477

AN ACT ABOLISHING THE NORTH CAROLINA SEASHORE COMMISSION, TRANSFERRING THE SEASHORE COMMISSION'S DUTIES TO THE DEPARTMENT OF CONSERVATION AND DEVELOPMENT AND FOR RELATED PURPOSES.

The General Assembly of North Carolina do enact:

Section 1. Article 43, Chapter 143 of the General Statutes is hereby repealed.

Sec. 2. The Director of the Department of Conservation and Development, after the approval of the Board of Conservation and Devleopment, is authorized to create within the Department of Conservation and Development a Division for the purpose as hereinafter set out, and to provide the necessary personnel and equipment for such Division. Said Division shall be given a suitable name by the Board of Conservation and Development. In the event the Director of Conservation and Development determines that the creation of a new division in the Department of Conservation and Development is not feasible, the powers and duties set out in Section 3 hereof, after the approval of the Board of Conservation and Development, may be delegated by the Director to the administrative head of an existing division of the Department of Conservation and Development.

Sec. 3. The following powers are hereby granted to the Director of the Department of Conservation and Development and may be delegated to the administrative head of an existing or new division of the Department as herein authorized:

(1) Assist in the sound development of the seacoast areas of the State, giving emphasis to the advancement and development of the travel attractions and facilities for accommodating travelers in these areas;

(2) Plan and promote recreational and industrial developments in these areas, with emphasis upon making the seashore areas of North Carolina attractive to visitors and to permanent residents;

(3) Coordinate the activities of local governments, agencies of the State and agencies of the federal government in planning and development of the seacoast areas for the purpose of attracting visitors and new industrial growth;

(4) Study the development of the seacoast areas and implement policies which will promote the development of the coastal area, with particular emphasis upon the development of the scenic and recreational resources of the seacoast;

(5) Advise and confer with various interested individuals, organizations and state, federal and local agencies which are interested in development of the seacoast area and use its facilities and efforts in planning, developing, and carrying out overall programs for the development of the area as a whole;

(6) Act as liaison between agencies of the State, local government, and agencies of the federal government concerned with development of the seacoast region;

(7) Make an annual report to the Board of Conservation and Development;

(8) Make such reports to the Governor as he may request;

(9) File such recommendations or suggestions as it may deem proper with other agencies of the State, local or federal governments.

Provided, however, that the provisions of this Act shall not be construed as affecting the authority of the Department of Water and Air Resources concerning shore‑erosion control or prevention, beach protection, or hurricane protection under General Statutes 143-355 or any other provision of law.

Sec. 4. There is hereby created the Seashore Advisory Board. The functions and duties of the Board are to study matters and activities related to the duties of the division of the Department of Conservation and Development herein authorized and to make recommendations to the Board of Conservation and Development as to how said division may best carry out its duties and responsibilities. The Advisory Board is to consider all matters which may be referred to it by the Board of Conservation and Development, the Director of Conservation and Development, the Governor, and the General Assembly and it must render a report in writing giving conclusions on each matter so referred. The Advisory Board should make recommendations on all matters which are deemed by it relevant to the duties and responsibilities of the division of Conservation and Development herein authorized. The Advisory Board shall have authority to conduct public hearings on matters which the Board is considering.

Sec. 5. The Advisory Board shall consist of 11 members appointed by the Governor to serve at his pleasure, one of whom shall be designated Chairman. The persons holding the following positions, or their designated representatives, shall be ex officio members of the Advisory Board: Chairman of the Board of Water and Air Resources; Chairman of the North Carolina Wildlife Commission; Chairman of the State Highway Commission and the Property Control Officer of the Department of Administration. Ex officio members, or their representatives, shall be entitled to vote on all matters coming before the Advisory Board.

Sec. 6. At its first meeting the Advisory Board shall elect a vice-chairman who shall be a member of the Board. The vice-chairman shall preside at meetings of the Advisory Board in the absence of the Chairman. The Board shall meet upon such a schedule as the Board may adopt. Either the Chairman of the Advisory Board or the Director of the Department of Conservation and Development may call special meetings of the Advisory Board.

A quorum for meetings of the Advisory Board shall be eight members.

Sec. 7. The members of the Advisory Board while in attendance of meetings or engaged in the business of the Advisory Board shall receive such per diem, travel and subsistence allowance as is paid currently to other State Boards or Commissions.

Sec. 8. There is hereby appropriated to the Department of Conservation and Development out of the General Fund, in addition to all other appropriations, the sum of four thousand, five hundred dollars ($4,500.00) for the fiscal year beginning on July 1, 1969, and the sum of four thousand, five hundred dollars ($4,500.00) for the fiscal year beginning on July 1, 1970. Said sums are to be used by the Department for the purposes set out in Section 7 of this Act.

Sec. 9. On the effective day of this Act, the records, property, supplies and equipment of the North Carolina Seashore Commission shall be transferred to the Department of Conservation and Development. There is hereby appropriated to the Department of Conservation and Development out of the General Fund, in addition to all other appropriations, the sum of twenty-one thousand, one hundred fifty-two dollars ($21,152.00) for the fiscal year beginning July 1, 1969, and the sum of twenty thousand, eight hundred eighteen dollars ($20,818.00) for the fiscal year beginning July 1, 1970. Said sums are to be used for the salaries, expenses, supplies and equipment of the personnel designated to carry out the functions herein provided for.

Sec. 10. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 11. This Act shall be in full force and effect on July 1, 1969.

In the General Assembly read three times and ratified, this the 30th day of June, 1969.