The N.C. Wildlife Resources Commission has the authority, granted by the Legislature, to create regulations called “rules” which although not state law,have the force of law.  The complete set of rules under the power of the Commission can be found here. The handout From Proposal to Regulation describes the Commission's rule-making procedures. Below is a list of the rules the Commission is currently proposing to change, a description of each, and avenues for comment. The procedure for subjecting a proposed rule to legislative review can be found to the right. We welcome your feedback. Comments may be sent to regulations@ncwildlife.org.

       




    

15A NCAC 10F .0308, .0317 and .0323 Local Water Safety Rules

15A NCAC 10F .0308 Clay County submitted applications and Resolutions requesting rulemaking for no-wake zones in three sections of Lake Chatuge to mitigate boating safety hazards, by extending the no-wake zone in all of Gibson Cove where a boating access area and swim area are located (10F .0308(a)(3), to create a no-wake zone within 50 yards of the peninsula at Clay County Recreational Park (10F .0308(a)(8) where swimming and other recreational activities are held, and by separate application to create a no-wake zone shore to shore in Dayton Cove to mitigate hazards caused by boats and other water recreationists. A Fiscal Note was submitted to OSBM for Clay County to incur expense for no-wake markers at Gibson Cove and the peninsula at Clay County Recreational Park and was approved by the WRC on 7-23-2020. Buoys at Dayton Cove will be purchased and placed by individuals at no expense to Clay County. The Tennessee Valley Authority concurs with rulemaking for no-wake buoys in these sections of Lake Chatuge.

 

15A NCAC 10F .0317 – Stanly County submitted an application and Resolution requesting rulemaking for a no-wake zone within 50 yards of the Boathouse and Marina on Lake Tillery in Norwood, to mitigate hazards caused by the fueling dock. Private individuals will purchase and place the buoys and no Fiscal Note is required. Additionally, 10F .0317 currently includes temporary amendments effective June 1, 2020. The proposed amendments included in this Notice of Text in Paragraph (a) are the same as included in the temporary amendments, but the agency desires to make them permanent. However, Paragraph (f) of this rule, italicized in this Notice of Text, is also part of the temporary amendments effective June 1, 2020, but the agency desires to keep this Paragraph as temporary, with it expiring next summer.

 

15A NCAC 10F .0323 Burke County submitted an application and Resolution for rulemaking to extend and combine two no wake zones shore to shore on Lake James, beginning northeast of the NC Highway 126 bridge shore to shore to protect non-motorized vessels at the Lake James State Park, southward to protect new facilities and docks at the Lake James Marina, and ending shore to shore southwest of the Canal Bridge Boating Access Area to mitigate hazards caused by increased boat traffic at that boating access area. Markers will be purchased and placed by individuals at no expense to the County. No Fiscal Note is required.

 

Fiscal Note: 15A NCAC 10F .0308

 

A public hearing has been scheduled as follows:

Date: October 8, 2020

Time: 10:00 am

Location: Please use this link to join the webinar: https://ncwildlife.zoom.us/j/99451782337 or join by telephone 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 994 5178 2337


How to Submit a Comment: Written Comments can be sent to Rule-making Coordinator, 1701 Mail Service Center,  Raleigh, N.C. 27699-1701 or emailed to regulations@ncwildlife.org.  

 

Comment Period: The public comment period closes on Nov. 16, 2020.

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Subjecting a Proposed Rule to Legislative Review 

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S.150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S.150B-21.3(b1). The  Rules Review Commission will receive written objections until 5:00 p.m. on the day following the day the Rules Review Commission approves the rule. The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.If you have any further questions concerning the submission of objections to the Rules Review Commission, please call a staff attorney at 919-431-3000.