Current through Register Vol. 39, No. 6, September 16, 2024
(a) Applications for permits may be made by
contacting individual Park and Recreation Area offices or Deputy Director of
Operations, North Carolina Division of Parks and Recreation, 1615 Mail Service
Center, Raleigh NC 27699-1615.
(b) The
following uses of Division property shall require a Special Use Permit authorized by
the Division:
(1) metal detector use;
(2) rock climbing, rappelling and bouldering for
individual climbers. A Group Climbing Permit, as outlined in Paragraph (f) of this
Rule, shall be required for all organized group rock climbing, rappelling, and
bouldering;
(3) licensed vehicle
operations on the unpaved areas of Fort Fisher State Recreation Area;
(4) overnight parking;
(5) aviation activities using unmanned aerial
vehicles (UAV) or drones;
(6)
pyrotechnics; and
(7) other activities
or uses not otherwise expressly allowed by these Rules.
(c) Special Use Permits may be obtained at the
park level from the Park Superintendent or designee on the day of the activity. An
application for a Special Use Permit shall include the following information:
(1) the name, address, and phone number of the
applicant;
(2) the name of the
organization (if any);
(3) the name,
address, and phone number of a contact person;
(4) the date, time, duration, nature, and location
of the proposed activity or use;
(5) the
estimated number of persons expected to participate; and
(6) the equipment and facilities to be
used.
(d) The following
activities occurring on Division property shall require a Special Activity Permit
authorized by the Division:
(1) athletic
contests;
(2) events;
(3) aviation activities using any aviation
apparatus other than unmanned aerial vehicles (UAV) or drones;
(4) pack animals and goats;
(5) commercial enterprises;
(6) commercial photography;
(7) advertising;
(8) public assemblies and
demonstrations;
(9) entry to restricted
areas; and
(10) other activities or uses
not otherwise expressly allowed by these Rules.
Notwithstanding the requirements of this Rule, uses of
intoxicating liquors and controlled substances or beverages are governed by
07 NCAC
13B .1003.
(e) An application for a Special Activity Permit
shall be made at least 14 days in advance of the activity or use and shall include
the following information:
(1) the name, address,
and phone number of the applicant;
(2)
the name of the organization (if any);
(3) the name, address, and phone number of a
contact person;
(4) the date, time,
duration, nature, and location of the proposed activity or use;
(5) the estimated number of persons expected to
participate; and
(6) the equipment and
facilities to be used.
(f) A
Research Activity Permit authorized by the Division shall be required for any
academic, historic, scientific, or other research, study, or project occurring on
Division Property. This shall include studies which involve the collection, removal,
or disturbance of any natural or cultural resource of any state park unit and
projects that require placing monitoring equipment on any Division property. An
application for a Research Activity Permit shall include the following information:
(1) the name, address, e-mail address, phone
number, and resume or curriculum vitae of the principal investigator and project
director;
(2) the name of the
organization (if any);
(3) the name,
address, and phone number of a contact person;
(4) the date, time, duration, nature, and
location(s) of the proposed activity or use;
(5) the title and description of the proposed
activities to be performed;
(6) the
estimated number of persons expected to participate;
(7) the equipment and facilities requested to be
used; and
(8) copies of any permits or
licenses required by federal or state law.
(g) A Group Climbing Permit authorized by the
Division shall be required for all rock climbing, rappelling, or bouldering by
organized private, commercial, governmental, or non-profit groups occurring on
Division property. An application for a Group Climbing Permit shall include the
following information:
(1) the name, address,
e-mail address, and phone number of the organizer;
(2) the name of the organization (if
any);
(3) the date, time, duration,
nature, and location(s) of the proposed activity;
(4) the estimated number of persons expected to
participate;
(5) proof of general
liability insurance; and
(6) the
equipment and facilities requested to be used.
(h) The Park Superintendent or their designee
shall issue a Special Use Permit, Special Activity Permit, or Group Climbing Permit;
and the Division's Director or designee shall issue a Research Activity Permit, on
receipt of a completed application unless:
(1) A
prior application for a permit for the same activity or use has been made and had
been or will be granted; and the activities or uses authorized by that permit do not
allow multiple occupancy of that particular location;
(2) The activity or use will threaten the health,
safety, and welfare of persons using the Park;
(3) The activity or use is of such a nature or
duration that it cannot be conducted or performed in the particular location applied
for, considering such things as safety of the applicant or other Park visitors;
damage to Park resources or facilities; impairment of the atmosphere of peace and
tranquility in specially protected natural or historic areas; interference with
interpretative programs, visitor services or other program activities, or the
administrative activities of the Park; or impairment of public use facilities or
services of Park concessionaires or contractors;
(4) The activity or use would constitute a
violation of applicable law or regulation; or
(5) The activity would create conditions that are
not consistent with or are detrimental to the protection and use of the Park for the
purposes for which it is operated.
(i) The permit may contain such additional
conditions or restrictions as are consistent with protection and use of the Park for
the purposes for which it is operated, including limitations on the time, location,
number of participants, use and facilities, and number and types of equipment used.
Locations requested for permitted activities which may not be appropriate include:
(1) archaeological and interpretive program
areas;
(2) historic
structures;
(3) boat ramps;
(4) trails;
(5) sensitive or fragile natural areas;
(6) campgrounds;
(7) designated swimming beaches;
(8) scenic overlooks; and
(9) the habitats of threatened or endangered
species.
(j) If a permit is
denied, the applicant shall be so informed with the reason(s) for the denial set
forth.
(k) Participants in activities or
uses covered under this Rule shall:
(1) be subject
to the rules of this Subchapter and the terms of any applicable permits issued
pursuant to this Rule, including adherence to locations specified for their activity
or use while partaking in such event or activity;
(2) be subject to fees for parking, admission, or
use;
(3) not place printed material on
Park signs, infrastructure, natural resources, or vehicles;
(5) not obstruct or impede pedestrians or
vehicles;
(6) not harass Park visitors
with physical contact or persistent demands; and
(7) not threaten the health, safety, and welfare
of persons using the Park.
(l) Violation of the terms and conditions of a
permit issued in accordance with this Rule is prohibited and shall result in
revocation of the permit by the Park Superintendent or designee.
Authority
G.S.
143B-135.16;
Eff. February 1,
1976;
Amended Eff. May 1, 2010; October 1, 1984; January 1,
1983;
Transferred from
15A NCAC
12B .0104 Eff. April 1, 2017;
Readopted Eff. March 1, 2022.
