GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-67
HOUSE BILL 23
AN ACT to make VARIOUS CHANGES TO state and local government provisions.
The General Assembly of North Carolina enacts:
PART I. STANLY COMMUNITY COLLEGE OFF MAIN CAMPUS CULINARY PROGRAM
SECTION 1. Section 9.15 of S.L. 2017‑57 is repealed.
PART II. GULLAH GEECHEE HERITAGE TRAIL
SECTION 2. The General Assembly authorizes the Gullah Geechee Greenway/Blueway Heritage Trail (Heritage Trail) in Brunswick County. The State shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Heritage Trail that cross property controlled by agencies or owners other than the State, the laws, rules, and policies of those agencies or owners shall govern the use of the property.
PART III. STATE PROPERTY TRANSFER TO THE TOWN OF BURGAW
SECTION 3.1. The State of North Carolina shall convey to the Town of Burgaw, for consideration of one dollar ($1.00), all its rights, titles, and interests in approximately 11 acres of the approximately 355.73 acre parcel identified with Land Asset ID 6095 in the inventory of State‑owned land maintained by the Department of Administration pursuant to G.S. 143‑341. This is the same property identified with PIN Number 3229‑04‑1665‑0000, as seen in the Office of the Tax Administrator in Pender County, and is described in part in Deed Book 211, Page 279 and Deed Book 922, Page 191 in the Pender County Register of Deeds. The Department of Administration, in consultation with the Town of Burgaw, shall determine specifically which portion of the land described in this section shall be transferred pursuant to this Part.
SECTION 3.2. The conveyance pursuant to Section 3.1 of this Part is subject to a reversionary interest reserved by the State. The property shall be conveyed to the Town of Burgaw for so long as it is utilized for public purposes.
SECTION 3.3. The State of North Carolina shall convey the real property described in Section 3.1 of this Part "as is" and "where is" without warranty. The State makes no representations or warranties concerning the title to the property, the boundaries of the property, the uses to which the property may be put, zoning, local ordinances, or any physical, environmental, health, and safety conditions relating to the property. All costs associated with the conveyance of the property shall be borne by the Town of Burgaw.
SECTION 3.4. The conveyance of the State's rights, titles, and interests in the real property described in Section 3.1 of this Part shall be exempt from the provisions of Article 7 of Chapter 146 of the General Statutes. The conveyance shall comply with the provisions of Article 16 of Chapter 146 of the General Statutes, provided that the provisions of G.S. 146‑74 shall not apply.
PART IV. AUTHORIZE ADDING SOUTH FORK PASSAGE STATE TRAIL TO THE STATE PARKS SYSTEM
SECTION 4.1. The General Assembly finds:
(1) The proposed South Fork Passage Trail corridor offers numerous economic benefits by expanding and enhancing the existing tourism industry. The diverse hydrology of the river in the corridor includes shoals, flatwater, class II rapids, and river tributaries that support a variety of recreational uses.
(2) The South Fork Passage Trail corridor is home to Spencer Mountain, the third highest peak in the Charlotte region, and the corridor passes through terrain that is emblematic of the Piedmont region of the State.
(3) The South Fork Passage Trail corridor also contains ecologically important habitat, including diverse wetlands, hardwood forests, and grasslands, that support numerous State and federal threatened or endangered species.
(4) The creation of a 60‑mile hiking and paddling trail connecting Jacob Fork Park in Catawba County through Betty G. Ross Park in Lincoln County to George Poston Park, Goat Island Park, and Daniel Stowe Botanical Garden in Gaston County would expand existing recreational offerings and support ongoing efforts to conserve the South Fork of the Catawba River watershed.
SECTION 4.2. The General Assembly authorizes the Department of Natural and Cultural Resources (Department) to add the South Fork Passage Trail in Catawba, Lincoln, and Gaston Counties to the State Parks System as a State trail, as provided in G.S. 143B‑135.54(b). The trail, which will run alongside the South Fork River, shall begin at the confluence of the Henry Fork and Jacob Fork at Jacob Fork Park and end at the boundary between the State and South Carolina on Lake Wylie.
SECTION 4.3. The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State Park lands and on lands of other federal, State, local, and private landowners. On segments of the South Fork Passage State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property.
SECTION 4.4. The requirement of G.S. 143B‑135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this Part; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the South Fork Passage State Trail with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the Complete the Trails Fund, the federal Land and Water Conservation Fund, and other available sources of funding.
PART V. CODIFY LAKE NORMAN MARINE COMMISSION
SECTION 5.1.(a) Chapter 77 of the General Statutes is amended by adding a new Article to read:
"Article 6B.
"Lake Norman Marine Commission.
SECTION 5.1.(b) Chapter 1089 of the 1969 Session Laws, as amended by Section 3 of Chapter 494 of the 1991 Session Laws and Section 1 of Chapter 797 of the 1991 Session Laws, is codified in Article 6B of Chapter 77 of the General Statutes, as enacted by subsection (a) of this section, as follows:
Section of 1969 Session Law G.S. Section
Section 1 G.S. 77‑89.1
Section 2 G.S. 77‑89.2
Section 3 G.S. 77‑89.3
Section 4 G.S. 77‑89.4
Section 5 G.S. 77‑89.5
Section 6 G.S. 77‑89.6
Section 7 G.S. 77‑89.7
Section 8, as amended G.S. 77‑89.8
Section 9 G.S. 77‑89.10
SECTION 5.1.(c) Article 6B of Chapter 77 of the General Statutes, as enacted by subsection (a) of this section and as amended by subsection (b) of this section, reads as rewritten:
"Article 6B.
"Lake Norman Marine Commission.
"§ 77‑89.1. Definitions.
Unless the context clearly
requires otherwise, the The following definitions apply in this Act:Article:
(1) Board: Board. –
The board of commissioners publicly elected governing board of
one of the four counties.participating local governments.
(2) Commission: Commission.
– The Lake Norman Marine Commission or its governing board, as the case
may be.Commission.
(3) Commissioner: Member Commissioner.
– A member of the governing board of the Lake Norman Marine Commission.
(4) Eligible local governments. ‒ Each of the four counties.
(4)(5) Four
counties: Four counties. – Catawba, Iredell, Lincoln, and
Mecklenburg Counties.
(5)(6) Joint resolution:
resolution. – A resolution substantially identical in content
adopted separately by the board in of each of the four
counties.participating local governments.
(6)(7) Lake Norman: Norman.
– The impounded body of water along the Catawba River in the four counties
extending from the bridge crossing of Rural Road 1004 base of Lookout
Shoals Dam downstream to Cowans Ford Dam.Dam and lying below the full
pond elevation of 760 feet above mean sea level based on the National Geodetic
Vertical Datum of 1929.
(8) Participating local government. ‒ Any of the eligible local governments that have adopted a resolution to participate in the Commission and have not withdrawn.
(7)(9) Shoreline area:
area. – Except as modified by a joint resolution of the four
counties, participating local governments, the area within the four
counties lying within one mile 50 feet landward of the mean
high water line full pond elevation contour of Lake Norman. In
addition, the shoreline area shall include This term also includes all
islands within Lake Norman and all peninsulas extending into the waters of Lake
Norman.
(8)(10) Wildlife Commission:
Resources Commission. – The North Carolina Wildlife Resources Commission.Commission
established under Article 24 of Chapter 143 of the General Statutes.
"§ 77‑89.2. Creation of Commission authorized.
(a) The counties of Catawba, Iredell, Lincoln, and
Mecklenburg are hereby authorized Three or more of the eligible local
governments may by joint resolution to create the Lake Norman Marine
Commission. Upon its creation creation, the Commission shall
enjoy the powers and have the duties has the powers, duties, and
responsibilities conferred upon it by the joint resolution, subject to
the provisions of this Act. Article. The provisions of any joint
resolution may be modified, amended, or rescinded by a subsequent joint
resolution. The purpose of the Lake Norman Marine Commission is to ensure
the coordinated governance applicable to Lake Norman and its shoreline area
concerning all matters related to public recreation and water quality and
safety.
(b) A county participating local government may
unilaterally withdraw from participation as required by any joint resolution or
the provisions of this Act, Article, once the Commission has been
created, and any county participating local government may
unilaterally withdraw from said commission at the end of any budget period. the
Commission by resolution of its board upon the conclusion of the informal
settlement discussion provided in subsection (b1) of this section, not to
exceed 90 days after the participating local government delivers to the
Commission its notice of intent to withdraw.
(b1) Upon providing the Commission with notice of intent to withdraw, the participating local government and the Commission shall jointly appoint a mediation officer. The mediation officer shall make a reasonable effort to initiate settlement discussions between the participating local government and all other interested parties.
(c) Upon withdrawing from the Commission, a local government is no longer obligated to continue any financial or in‑kind support of the Commission. By joint resolution of the participating local governments, presented to and approved by the Commission, an eligible local government may rejoin the Commission as a participating local government.
(d) Upon If upon the effectuation of such
withdrawal, the withdrawal there are fewer than three counties that
remain as participating local governments, the Commission is dissolved
until reestablished under the provisions of this Act Article or
any successor act, and all property of the Commission shall be distributed to
or divided among the four counties participating local governments and
any other public agency or agencies serving the Lake Norman area in a manner
deemed equitable by the four counties.participating local
governments.
"§ 77‑89.3. Terms of members.Membership;
terms of office; eligibility for appointment.
(a) Upon its creation, the Commission shall have has
a governing board of five commissioners. Except as otherwise provided for
the first five‑year period, each commissioner shall serve a five‑year
term, with commissioners to serve overlapping terms so that one commissioner
appointment is made each year. Upon creation of the Commission, the board of
Catawba County shall appoint two commissioners and the boards of the other
three counties shall appoint one each. These initial appointees shall serve
until September 30 following their appointment. Thereafter, appointments shall
be made each October 1 by the respective boards of the four counties as
follows:comprised of members appointed in accordance with subsections
(b) and (c) of this section.
(1) First year: Commissioner from Catawba, one‑year
term; commissioner from Iredell, two‑year term; commissioner from
Lincoln, three‑year term; commissioner from Mecklenburg, four‑year
term; commissioner from Catawba, five‑year term.
(2) Second year: Commissioner from Iredell, five‑year
term.
(3) Third year: Commissioner from Lincoln, five‑year
term.
(4) Fourth year: Commissioner from Mecklenburg, five‑year
term.
(5) Fifth year: Commissioner from Catawba, five‑year
term.
(6) Sixth and succeeding years: appointments for
five‑year terms in rotation by county in the order set out above.
(b) Each participating local government shall appoint two members to the Commission, each of whom shall be individuals who have demonstrated proficiency in community engagement and consensus‑building across multiple stakeholder groups. For the initial appointments, each participating local government shall appoint one commissioner to serve a four‑year term and a second commissioner to serve a five‑year term. Except as otherwise provided for the initial appointments, each commissioner shall serve a five‑year term.
(c) The commissioners appointed in accordance with subsection (b) of this section shall select one at‑large commissioner for a five‑year term, subject to confirmation by joint resolution of all of the participating local governments. The at‑large commissioner shall be an individual who has proficient knowledge of boater safety protocols and who possesses one or more of the following qualifications:
(1) Has served in the United States Coast Guard or a similar maritime organization with a long‑standing tradition of leadership in promoting the safety and security of the navigable waterways of the United States.
(2) Has knowledge of water quality and aquatic vegetation management.
(3) Has experience in law enforcement.
(4) Has experience in public recreation management.
(5) Has experience in wildlife resources management.
(d) No more than thirty‑five percent (35%) of the commissioners serving at any given time may reside in the same county.
(e) No commissioner shall have any ownership interest in, or financial relationship with, any business or property that is dependent on income generated from Lake Norman, or that otherwise presents a conflict of interest with the purposes or responsibilities of the Commission.
(f) Each commissioner shall complete a written disclosure statement by January 31 of each year that identifies any conflicts of interest he or she has, including any conflicts identified in subsection (e) of this section. These annual disclosures shall be posted on a public website maintained by the Commission by January 31 each year.
(g) A commissioner appointed pursuant to subsection (b) of this section shall maintain his or her primary residence in the county that appointed the commissioner, and shall reside at this location for at least nine months every calendar year. The at‑large commissioner appointed pursuant to subsection (c) of this section shall maintain his or her primary residence at a location within any of the four counties and shall reside at this location for at least nine months every calendar year.
(h) In the event of death of a commissioner,
resignation, incapacity or inability to serve, as determined by the board
appointing such the commissioner, or removal of the commissioner
for cause, as determined by the board appointing such the commissioner,
the that board affected may appoint another commissioner
to fill the unexpired term.
"§ 77‑89.4. Compensation; budgetary and accounting procedures.
No commissioner shall receive
compensation in the form of salary, wages, fees, or other forms of compensation
for serving as a commissioner. The joint
resolution of the four counties participating local governments shall
state the terms relating to compensation to commissioners, if any, the
compensation of consultants and staff members employed by the Commission,
and reimbursement of expenses incurred by commissioners, consultants, and
employees. The Commission shall be is governed by such any
budgetary and accounting procedures as may be specified by joint
resolution.
"§ 77‑89.5. Organization and meetings.
(a) Upon creation of the Commission, its governing
board shall meet at a time and place agreed upon by the boards of the four
counties concerned. participating local governments. The
commissioners shall elect a chairman chair and such any
other officers as that they may choose. choose,
except that no commissioner may serve as chair for more than two consecutive
terms. All officers shall serve one‑year terms. The governing board
shall adopt such rules and regulations as it may deem necessary,
not inconsistent with the provisions of this Act Article or of
any joint resolution, for the proper discharge of its duties and for the
governance of the Commission. The chairman chair may appoint such
committees as may be that have been authorized by such
rules and regulations. regulation. The Commission shall meet
regularly at such any times and places as may be specified
in its rules and regulations or in any joint resolution. Special
meetings may be called as specified in the rules and regulations.
(b) The at‑large commissioner shall have no vote except that, in the event of a tie in a vote by the Commission, the at‑large commissioner shall break the tie with an additional vote.
(c) The Commission is subject to the requirements of Chapter 132 of the General Statutes and Article 33C of Chapter 143 of the General Statutes. All records produced or maintained by the Commission are public records as defined in G.S. 132‑1. The Commission shall maintain a public website providing the public access to its public records.
"§ 77‑89.6. Powers of Commission; administrative provision.
(a) Within the limits of
funds available to it and subject to the provisions of this Act Article
and of any joint resolution, the Commission may:may do all of the
following:
(1) Hire and Fix fix
the compensation of permanent and temporary employees and staff as it
may deem that are necessary in carrying out its duties.
(2) Contract with consultants
for such services as it may require.services.
(3) Contract with the State
of North Carolina or the Federal Government, federal government, or
any agency or department or subdivision thereof, for such property or
services as may be provided to or by such agencies, and carry out the
provisions of such contracts.or any other person.
(4) Contract with persons, firms, and corporations
generally as to all matters over which it has a proper concern, and carry out
the provisions of such contracts.
(5)(4) Lease, rent,
purchase, or otherwise obtain suitable quarters and office space for its
employees and staff, staff and lease, rent, purchase, or
otherwise obtain furniture, fixtures, aircraft, vessels, vehicles, firearms,
uniforms, and other supplies and equipment necessary or desirable for
carrying out the duties imposed in or under the authority of this Act.equipment.
(6)(5) Lease, rent,
purchase, construct, otherwise obtain, maintain, operate, repair, and replace,
either on its own or in cooperation with other public or private agencies or
individuals, any of the following: parks, shoreline and water recreational
areas, swimming pools and swimming areas, marinas, fishing piers, boat docks,
boating and fishing access areas, navigation aids, waterway markers, public
information signs and notices, and other items of real and personal property
designed to enhance public recreation, public safety in Lake Norman and its
shoreline area, or protection of property in the shoreline area.
(6) Assess fees as provided in G.S. 77‑89.9, except as limited by any other provisions of State or federal law.
(7) Request the Department of Environmental Quality to add certain species of vegetation and algae, as specifically applicable to Lake Norman and its shoreline area, to the Aquatic Weed Control Program.
(b) The Commission may
accept, receive, and disburse in furtherance of its functions any funds,
grants, services, or property made available by the Federal Government federal
government or its agencies or subdivisions, by the State Government or
its agencies or subdivisions, municipalities and towns or their agencies, or
by private and civic sources.
(c) The boards of the four
counties participating local governments, municipalities, and towns
bordering Lake Norman may appropriate funds to the Commission out of
surplus funds or funds derived from nontax sources. They may also appropriate
funds out of tax revenues and may also levy annually levy taxes
for the payment of such the appropriation as a special purpose,
in addition to any allowed by the Constitution.purpose.
(d) The Commission shall
be is subject to such any audit requirements as may
be specified in any joint resolution.
(e) In carrying out some
or all of its duties and in either in addition to or in lieu of exercising
various provisions of the above authorizations, the The Commission
may, with the agreement of the board of the county concerned, utilize
personnel and property of or assign responsibilities to any officer or employee
of any of the four counties. Such participating local governments. A contribution
in kind, if substantial, may kind may, with the agreement of the
other three counties participating local governments, be deemed to
substitute a substitute, in whole or in part part, for
the financial contribution required of such county the participating
local government in support of the Commission.
(f) Unless otherwise
specified by joint resolution, each of the four counties participating
local governments shall annually contribute an equal financial contribution
to the Commission in an amount appropriate to support the activities of the
Commission in carrying out its duties.
(g) Before the close of each fiscal year, the Commission shall prepare a budget for the ensuing year for consideration by the boards of each participating local government for approval. Upon receiving the budget from the Commission, the board of each participating local government shall consider the budget and make recommendations as to any changes it deems advisable. Each participating local government shall complete its action on the Commission's budget on or before the beginning of the Commission's fiscal year, or such later date as specified by joint resolution.
"§ 77‑89.7. Filing and publication of joint resolutions.
(a) A copy of the joint
resolution creating the Commission and of any joint resolution amending or
repealing the joint resolution creating the Commission shall be filed with the
Executive Director of the Wildlife Resources Commission. When the
Executive Director receives resolutions that are in substance identical from
all four counties concerned, participating local governments, the
Executive Director shall within ten days so certify and distribute a certified
single resolution text to the following:
(1) The Secretary of State.
(2) The Director of the Department of Local Affairs.
(3)(2) The clerk to the
board of each of the four counties.participating local governments.
(4)(3) The clerk of
superior court of each of the four counties.
(4) The Secretary of the Department of Commerce.
(5) The Secretary of the Department of Environmental Quality.
(6) A news outlet serving a general audience throughout the four counties.
Upon request, the Executive
Director shall also send a certified single copy of any and all applicable
joint resolutions to the chairman chair of the Commission.
(b) Unless a joint
resolution specifies a later date, it shall take takes effect
when the Executive Director's certified text has been submitted to the
Secretary of State for filing. Certifications of the Executive Director under
the seal of the Commission as to the text or amended text of any joint
resolution and of the date or dates of submission to the Secretary of
State shall be are admissible in evidence in any court.
Certifications by any clerk of superior court of the text of any certified
resolution filed with him the clerk by the Executive Director shall
also be are also admissible in evidence evidence, and
the Executive Director's submission of the resolution for filing to the clerk shall
constitute constitutes prima facie evidence that such the resolution
was on the date of submission also submitted for filing with the Secretary of
State. Except for the certificate of a clerk as to receipt and date of
submission, no evidence may shall be admitted in court concerning
the submission of the certified text of any resolution by the Executive
Director to any person other than the Secretary of State.
(c) Each participating local government shall incorporate a copy of the text of every joint resolution in its local code of ordinances, as maintained in accordance with G.S. 153A‑49 or G.S. 160A‑77.
"§ 77‑89.8. Regulatory authority.
(a) Except as limited in subsection
(b) below, by subsection (c) of this section, by restrictions in any
joint resolution, and or by other supervening provisions
of law, the Commission may make regulations applicable to Lake Norman and its
shoreline area concerning all matters relating to or affecting public
recreation and water safety. area. These regulations may shall
not conflict with or supersede provisions of general or special Acts or
of regulations of State agencies promulgated under the authority of general
law. State or federal law, or the exercise of any authority granted
under any permit or license issued by any State or federal agency. In lieu
of or in addition to passing regulations supplementary to State law and
regulations concerning the operation of vessels on Lake Norman, these
regulations, the Commission may, after public notice, request that the
Wildlife Resources Commission pass local regulations rules on
this subject in accordance with the procedure established in G.S. 75A‑15.
(a1) Notwithstanding G.S. 75A‑16.2, the Commission shall require any person born on or after January 1, 1988, to complete a boating education course, approved by the National Association of Safe Boating Law Administrators (NASBLA) and accepted by the Wildlife Resources Commission, to operate a motorized watercraft of 20 horsepower or greater on Lake Norman.
(b) Violation of any
regulation of the Commission commanding or prohibiting an act shall be a
misdemeanor punishable by a fine not to exceed is a Class 3 misdemeanor,
which shall include a fine of not less than two hundred dollars ($200.00) but
not more than five hundred dollars ($500.00) per violation.($500.00).
(c) The regulations
promulgated under this Section take effect upon passage or upon such dates as
may be stipulated in the regulations except that no regulation may No regulation
adopted under this section shall be enforced unless adequate notice of the
regulation has been posted in or on Lake Norman or its shoreline area. Adequate
notice as to a regulation affecting only a particular location may be by a
sign, uniform waterway marker, posted notice, or other effective method of
communicating the essential provisions of the regulation in the immediate
vicinity of the location in question. Where location. If a
regulation applies generally as to Lake Norman or its shoreline area, or
both, there must shall be a posting of notices, signs, or markers
communicating the its essential provisions in at least three
different places throughout the area.
(d) A copy of each regulation
promulgated under this Section must adopted under this section shall be
filed by the Commission with the following persons:
(1) The Secretary of State,
in accordance with G.S. 143-195 to - 198.State.
(2) The clerk of superior
court of each of the four counties, in accordance with G.S. 143-198.1.counties.
(3) The Executive Director of the Wildlife Resources Commission.
(4) The Director of the
Department of Local Affairs.The Secretary of the Department of Commerce.
(5) The Secretary of the Department of Environmental Quality.
(6) The General Manager of Water Strategy, Hydro Licensing & Lake Services for the federal licensee of the Catawba‑Wateree Hydro Project (FERC Project No. 2232).
(e) Any official designated
in subsection (d) above of this section may issue certified
copies of regulations filed with him under the seal of his office. Such the
official. The certified copies may be received in evidence in any
proceeding.
(e1) Each participating local government shall incorporate a copy of the text of every regulation adopted by the Commission in its local code of ordinances, as maintained in accordance with G.S. 153A‑49 or G.S. 160A‑77.
(f) Publication and filing
of regulations promulgated under this Section as required above is adopted
under this section are for informational purposes and shall not be are
not a prerequisite to their validity if they in fact have been duly
promulgated, adopted, the public has been notified as to the
substance of the regulations, their substance, a copy of the text of
all regulations is in fact available to any person who that may
be affected, and no party to any proceeding has been prejudiced by any defect that
may exist with respect to publication and filing. Rules and regulations promulgated
Regulations adopted by the Commission under the provisions of other
sections of this Act Article relating to internal governance of
the Commission need not are not required to be filed or
published. Where If posting of any sign, notice, or marker or the
making of other communication is essential to the validity of a regulation
duly promulgated, regulation, it shall be is presumed
in any proceeding that proper notice was given and maintained and the burden shall
lie lies upon the party asserting to the contrary to prove lack of
adequate notice of any the regulation.
(g) Under authorization of a joint resolution, and
subject to the limitations of this section, the Commission may regulate
personal watercraft operation in Lake Norman and from its shoreline.shoreline
area.
"§ 77‑89.10. Enforcement.
(a) Where If a
joint resolution so provides, all law enforcement officers (or such any
officers as may be designated in the joint resolution) with
territorial jurisdiction as to any part of Lake Norman or its shoreline area
shall, area, within the limitations of their subject matter
jurisdiction, have the authority of peace officers in enforcing the laws over
all of Lake Norman and its shoreline area.area, including any
applicable ordinances or regulations adopted by local governments.
(b) Where a joint resolution so provides, the
Commission may hire special officers to patrol and enforce the laws on Lake
Norman and its shoreline area. Such special officers shall have and exercise
all the powers of peace officers generally within the area in question and
shall take the oaths and be subject to all provisions of law relating to law
enforcement officers.
(c) Unless a joint
resolution provides to the contrary, all courts in the four counties, within
the limits of their subject matter jurisdiction, shall have concurrent
jurisdiction as to all criminal offenses arising within the boundaries of Lake
Norman and its shoreline area.
(d) Where If a
law enforcement officer with jurisdiction over any part of Lake Norman or its
shoreline area is performing duties relating to the enforcement of the laws on
Lake Norman or in its shoreline area, he shall have such the officer
also has any extra‑territorial jurisdiction as may be that
is necessary to perform such these duties. These duties
include investigations any of the following:
(1) Investigations of crimes an officer
reasonably believes have been, or are about to be, committed within the area
in question; traversing area.
(2) Traversing by reasonable routes from one
portion of such the area to another although across territory not
within the boundaries of Lake Norman and its shoreline area; conducting portion
even if the route is not contained within the area.
(3) Conducting prisoners in custody to such a
court or detention facilities as may be authorized by law, although this
may involve going outside the area in question; execution facility even
if the court or facility is not within the area.
(4) Execution of process connected with any
criminal offense alleged to have been committed within the boundaries in
question, except that such process may not be executed by virtue of this
provision area. This subdivision, however, does not apply beyond the
boundaries of the four continuing counties;counties.
(5) Continuing pursuit of and arresting any
violator or suspected violator as to which whose grounds for
arrest arose within the area in question.area.
(e) Where If any law
enforcement officers are given additional territorial jurisdiction under the
provisions of this Section, this section, this shall be section
is deemed an extension of the duties of the office held and no officer
shall take any additional oath or title of office."
SECTION 5.1.(d) Article 6B of Chapter 77 of the General Statutes, as enacted by subsection (a) of this section and amended by subsections (b) and (c) of this section, is amended by adding a new section to read:
"§ 77‑89.9. Fees.
(a) Except as limited by any other provisions of State or federal law, the Commission may assess fees related only to the following:
(1) Participation in education, training, or certification services provided by the Commission.
(2) Use of facilities owned or operated by the Commission.
(3) Application for a permit administered by the Commission to regulate privileged or special uses of Lake Norman and its shoreline area.
(b) In setting fee amounts to be charged for activities provided in subsection (a) of this section, the Commission shall not do any of the following:
(1) Set a fee in an excessive amount that is neither reasonable nor customary for the services and privileges provided by the Commission.
(2) Set a fee in an amount that exceeds the Commission's actual costs for the service provided.
(3) Charge fees for general access to or use of Lake Norman or its shoreline area.
(4) Discriminate on the basis of race, color, sex, religious creed, or national origin.
(c) Each year by January 31, the Commission shall produce a publicly available and auditable report that includes an accounting of all of its fee collections and funding from other sources compared to its program‑specific expenses during the prior calendar year. This annual financial report shall include adequate detail to determine that the Commission has met each of the requirements of this section, accompanied by a formal written certification of the same by the chair of the Commission. If there is a surplus of fee collections or funding in a given calendar year, it shall be applied to program‑specific expenses for the next calendar year."
SECTION 5.2. G.S. 138A‑3 reads as rewritten:
"§ 138A‑3. Definitions.
The following definitions apply in this Chapter:
…
(70) Public servants. – All of the following:
…
w. Commissioners appointed to the Lake Norman Marine Commission.
…."
SECTION 5.3. G.S. 77‑113 reads as rewritten:
"§ 77‑113. Membership; terms of office; eligibility for appointment; meetings.
(a) The Catawba/Wateree River Basin Advisory Commission shall be composed of 15 members as follows:
…
(10) One person to represent
the following commissions, appointed jointly by the three chief executive
officers chairs of the commissions: the Lake Wylie Marine Commission
established pursuant to Article 4 of Chapter 77 of the General Statutes, the
Mountain Island Lake Marine Commission established pursuant to Article 6 of
Chapter 77 of the General Statutes, and the Lake Norman Marine Commission
established pursuant to Chapter 1089 of the 1969 Session Laws.Article
6B of Chapter 77 of the General Statutes.
…
(c) Each member appointed to
the commissions pursuant to subdivisions (1) and (2) of subsections (a) and (b)
of this section shall serve at the pleasure of the appointing authority so long
as the member remains a Representative or Senator. Each member appointed to the
commissions pursuant to subdivisions (3) and (4) of subsections (a) and (b) of
this section shall serve as provided by the General Assembly of South Carolina.
Each member appointed to the commissions pursuant to subdivisions (7) through
(9) of subsection (a) and subdivisions (8) through (10) of subsection (b) of
this section shall serve for so long as the member continues in the qualifying
position or, if the member is a designee, at the pleasure of the designating
authority. Each member appointed to the commissions pursuant to subdivisions
(6) and (10) of subsection (a) and subdivisions (7) and (11) of subsection (b)
of this section shall serve a term of two years and may be reappointed to serve
no more than three consecutive full terms or 84 consecutive months, whichever
is greater. The term of a person appointed to the commission pursuant to
subdivision (10) of subsection (a) of this section shall expire expires
on 1 January of even‑numbered years. The term of a person appointed
to the commission pursuant to subdivision (6) of subsection (a) of this section
shall expire expires on 1 January of odd‑numbered years.
The term of a member who is appointed to the commissions pursuant to
subdivisions (5) and (11) of subsection (a) and subdivisions (5) and (6) of
subsection (b) of this section shall serve as provided by the General Assembly
of South Carolina. An appointment to fill a vacancy on the commissions shall be
for the unexpired portion of the term. A vacancy on the commissions shall be
filled in the same manner as the original appointment. Members of the
commissions who are appointed from or reside in North Carolina may be removed
by the Governor of North Carolina for misfeasance, malfeasance, or nonfeasance,
as provided in G.S. 143B‑13.
…
(f) Each commission shall
meet upon the call of the Chair. A majority of each commission shall
constitute constitutes a quorum for the transaction of business.
…."
SECTION 5.4. The initial appointments to the governing board of the Lake Norman Marine Commission will become effective on the date that is seven calendar days following the adoption by three or more eligible local governments of a joint resolution reconstituting the Lake Norman Marine Commission.
SECTION 5.5. All rules, regulations, and decisions made by the predecessor Lake Norman Marine Commission, reconstituted in accordance with this Part, shall remain in full force and effect until and unless duly modified by the successor entity.
PART VI. Road and Bridge naming designations
SECTION 6. Notwithstanding any provision of law to the contrary, the Department of Transportation shall make the following naming designations:
(1) The bridge on North Carolina Highway 904 that crosses the Columbus and Robeson County Line, also known as Robeson Bridge 31, shall be renamed the "Assistant Chief Lenneau D. Hammond Bridge."
(2) The bridge on Rock Barn Road NE that crosses Interstate 40, also known as Catawba Bridge 173, shall be renamed the "Mayor Bruce R. Eckard Bridge."
(3) Complex Street located in the Town of Tabor City shall be renamed "Shane Miller Street."
PART VII. AMEND THE NORTH CAROLINA STATE BUILDING CODE TO ALLOW CERTAIN UNLIMITED AREA BUILDING CLEARANCES TO INCLUDE RAILROAD RIGHTS‑OF‑WAY
SECTION 7.(a) Definitions. – For the purposes of this section, the following definitions apply:
(1) Code. – The North Carolina State Building Code, and amendments to the Code, as adopted by the Councils.
(2) Councils. – The Residential Code Council and the Building Code Council.
SECTION 7.(b) Unlimited Area Building Conversions. – Until the effective date of the rules to amend Section 507, Unlimited Area Buildings, are adopted in accordance with this section, the Office of the State Fire Marshal, the Councils, and State and local governments enforcing the Code shall adhere to requirements as provided in subsection (c) of this section.
SECTION 7.(c) Implementation. – For the purposes of application of Section 507.4 and Section 507.5 of the North Carolina Building Code, "public ways" shall include railroad rights‑of‑way, provided that a building or structure meet the following additional requirements:
(1) The building or structure will consist of new nonseparated mixed use occupancies within an existing building.
(2) The building or structure is located on a single parcel of land which is between 8 acres and 10 acres.
(3) The building or structure is located on a single parcel of land which abuts a railroad right‑of‑way for a distance of less than 1,200 feet along the parcel boundary.
(4) The building or structure footprint is between 150,000 square feet and 300,000 square feet in area.
(5) The building or structure prior to improvement or occupancy change was previously classified as a Factory Group F occupancy.
SECTION 7.(d) Additional Building Code Council Rulemaking Authority. – The Building Code Council shall adopt rules to amend the North Carolina Building Code consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rules adopted by the Building Code Council pursuant to this subsection shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this subsection shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 7.(e) Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
PART VIII. EFFECTIVE DATE
SECTION 8. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
s/ Josh Stein
Governor
Approved 3:15 p.m. this 7th day of July, 2025