Current through Register Vol. 39, No. 6, September 16, 2024
(a) No structure shall
be built upon the floor of, erected in, or floating upon any state lake without a
state lake permit.
(b) Applications for
a state lake permit may be made by submitting a completed application to the park
office that manages the state lake which will be the subject of the
permit.
(c) The following uses of
Division property, as defined in
07 NCAC
13B .0101(2), on a state lake
shall require a state lake permit authorized by the Division:
(1) initial construction of a structure;
(2) major modification of an existing structure;
and
(3) transfer of ownership rights or
interest in an existing structure.
(d) State lake permits shall be available only to
the following classes of persons and only for the state lake appurtenant to the
applicant's property interest:
(1) owners of
waterfront property;
(2) owners of an
exclusive right to use waterfront property; and
(3) towns, municipalities, or county governments
at a public beach or at the end of a dedicated street abutting upon the waters of a
state lake.
(e) Applicants
shall obtain an approved state lake permit signed by the Park Superintendent or his
or her designee prior to beginning construction or major modification of a
structure. A completed application for a state lake permit shall include the
following information:
(1) the name, permanent
address, and phone number of the applicant;
(2) the address of the waterfront property for
which the permit is requested;
(3) the
name, address, and phone number of a pier agent, if applicable;
(4) a written description of the structure for
which the permit is desired, or if the structure already exists, the modification to
be made to the structure;
(5) a drawing,
photograph, diagram, or other illustration depicting the structure for which the
permit is requested. The drawing, photograph, diagram, or other illustration shall
locate the structure relative to the waterfront property which gives rise to the
right to apply for the permit and show compliance with the requirements of Rule
.0303 of this Section. If the application is for modification of an existing
structure, the applicant shall also locate in the drawing, photograph, diagram or
other illustration the proposed modification with respect to the existing structure.
The Division may request the applicant to provide professional drawings created by a
licensed engineer or architect if the Division is not able to determine if the
structure will comply with the rules of this Subchapter from the submitted drawing,
photograph, diagram or other illustration; and
(6) a copy of the waterfront-property deed to
which the structure would be appurtenant, or if the structure is not to be attached
to the waterfront property at the water line, the waterfront property which gives
rise to the right to apply for the permit. If the applicant does not own the
property, applicant shall also provide proof of the applicant's property rights
which authorize them to apply for the permit.
(f) Except as prohibited in Rule .0407(h) of this
Subchapter, applicants shall obtain an approved state lake permit transfer signed by
the Park Superintendent or his or her designee in order to transfer any permit for a
structure permitted under these Rules. A completed application to transfer a state
lake permit shall include the following information:
(1) the name, permanent address, and phone number
of the transferee;
(2) the address of
the waterfront property for which the permit is requested;
(3) the permit number of the structure for which
the permit transfer is requested;
(4)
the name, address, and phone number of the transferor;
(5) the name, address, and phone number of a pier
agent, if applicable; and
(6) proof of
the conveyance, devise, or other mode of transfer of title to the property giving
rise to the right to the permit.
(g) The Park Superintendent or their designee
shall issue a state lake permit on receipt of a completed application unless:
(1) the construction, modification, or transfer
will threaten the health or safety of persons using the state lake;
(2) the construction, modification, or transfer
would be detrimental to the protection or use of state property;
(3) the construction, modification, or transfer
would constitute a violation of applicable law or rule;
(4) the applicant has an outstanding balance
resulting from unpaid state lake permit fees; or
(5) the construction or modification of the
structure does not comply with the rules of this Subchapter.
(h) All structures permitted under this Rule shall
be subject to the following additional provisions:
(1) No structure or any portion thereof, except
boat ramps, shall be located closer than 15 feet from the corners of the property
for which the structure is permitted. Where adjoining waterfront properties do not
conform to the 15-foot requirement, the owners of said property shall submit an
application for a joint private state lake permit, including a copy of a written
agreement between the property owners to share the structure, and request a waiver
of the 15-foot requirement from the Division. The Division shall waive the 15-foot
requirement unless a safety hazard would be created by permitting the structure or
granting the waiver would create noncompliance with the rules of this
Subchapter;
(2) No structure may be
located within 25 feet of another structure, except a seawall;
(3) Permit holders shall not collect any charges
or fees for the use of structures that are permitted under private, joint private,
or public state lake permits, except for a homeowner association in accordance with
Rule .0407(e) of this Subchapter;
(4)
Boats shall not be moored or tethered to a boat ramp;
(5) Swim lines shall require a Special Activity
Permit issued in accordance with
07 NCAC
13B .0104(d)(7);
(6) All permitted structures shall prominently
display the structure's assigned permit number at all times; and
(7) The following items shall not be stored or
installed in storage boxes, lofts, and compartments on any structure:
(A) electrical appliances or their
components;
(B) fireworks or other
explosives; or
(C) gasoline, oil, or any
other petroleum-based or hazardous materials.
(i) All structures which meet the following
requirements shall be considered non-conforming structures:
(1) existed on February 1, 1974;
(2) are not conforming to permissible structural
dimensions, as set forth in Rule .0303 of this Section, at the time of the adoption
of this Rule; and
(3) have previously
been permitted by the Division.
Notwithstanding Paragraph (k) of this Rule, non-conforming
structures shall continue to be permitted as long as the structure is not the
subject of a major modification. If a non-conforming structure is subject to a major
modification, then the entire structure shall be brought into compliance with the
dimension requirements set forth in Rule .0303 of this Section. Should a
non-conforming structure be destroyed or substantially damaged (greater than 50
percent or more of the existing structure) from any causes, the structure shall be
brought into compliance with the dimension requirements set forth in Rule .0303 of
this Section.
(j) All
permits issued in accordance with this Rule are valid for one year from the date of
issuance. Permit holders shall renew their state lake permits on an annual basis to
remain valid. All permit fees shall be paid at the time of issuance or renewal in
order for the permit to remain valid.
(k) Permits issued in accordance with this Rule
may be revoked by the Division for one or more of the following reasons:
(1) failure to pay any permit fee within 60 days
after the due date thereof; or
(2)
failure to bring a permitted structure into compliance with rules of this
Subchapter, unless excepted under Paragraph (i) of this Rule, or with any term or
condition imposed by the permit within 30 days after receipt of a notice from the
Division setting forth the corrective measures, in accordance with Rule .0315 of
this Section.
Authority
G.S.
143B-135.16;
Eff. February 1,
1976;
Transferred from
15A NCAC
12C .0301 Eff. April 1, 2017;
Readopted Eff. February 1, 2023.
