S582 - North Carolina Farm Act of 2023. (SL 2023-63)

Overview: Section 10 of S.L. 2023-63 prohibits the use of an unmanned aircraft system within either a horizontal distance of 3,000 feet or a vertical distance of 3,000 feet from any forest fire within the jurisdiction of the North Carolina Forest Service, with exceptions for law enforcement and employees of the North Carolina Forest Service.

There is a range of penalties for violation of this section. A person who operates an unmanned aerial system in violation of this section would be fined at least $1,000 and otherwise punished as follows:

• If the person is the proximate cause of death of another person, the person is guilty of a Class D felony.
• If the person is the proximate cause of serious bodily injury to another person, the person is guilty of a Class E felony.
• If the person is the proximate cause of serious mental or physical injury to another person, the person is guilty of a Class F felony.
• If the person interferes with emergency operations and such interference proximately causes damage to any real or personal property or any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being on the land, the person is guilty of a Class G felony.
• If the person interferes with emergency operations, the person is guilty of a Class H felony.
• If the person is the proximate cause of mental or physical injury to another person, the person is guilty of a Class I felony.
• If the person does not cause any of the injuries specified in this list, the person is guilty of a Class A1 misdemeanor.

A law enforcement agency is authorized to seize an unmanned aircraft system operating in violation of this section.

This bill was vetoed by the Governor on June 23, 2023, and that veto was overridden by the General Assembly on June 27, 2023.

This section became effective December 1, 2023, and applies to offenses committed on or after that date.