SECTION .0300 ‑ LOCAL WATER SAFETY REGULATIONS
15A NCAC 10F .0301 GENERAL PROVISIONS
(a) Applicability. Except as limited by the subject
matter, all of the provisions of this Rule apply to all public waters located
within the territorial limits of the counties and municipalities in which
special regulations are set forth for specific waters or regulated areas by the
(b) Definitions. Unless the context requires otherwise,
the definitions used in G.S.75A apply within these regulations. In addition,
the following definitions apply in these regulations:
(1) Commission. North Carolina Wildlife
(2) Executive Director. Executive Director of
(3) No‑Wake Speed. Idle speed or a slow
speed creating no appreciable wake;
(4) Uniform System. Uniform Waterway Marking
System and the supplementary standards for such system promulgated by the
(c) Marking of Regulated Areas. The Executive Director may
designate agencies for placement and maintenance of markers for regulated areas
established by rules promulgated pursuant to this Section. The agency
designated by the Executive Director may delegate the actual placement and
maintenance of such markers to some other agency, corporation, group or individual,
so long as the designating agency exercises supervisory authority over such
agency, corporation, group or individual. Prior to marking a restricted zone
established pursuant to G.S. 75A‑15, the designated agency for placement
and maintenance of the markers must obtain written approval from the Executive
Director by making a written request for permission to mark the area
specifically described therein. Enforcement of the restrictions set forth in
Rule .0302 et seq. of this Section is dependent upon placement and maintenance
of adequate marking of the regulated areas by suitable agencies, as designated
in those rules, in accordance with the requirements of the Uniform Waterway
Marking System, which are hereby incorporated by reference, and automatically
include any later amendments of the incorporated matter as authorized by G.S.
150B‑21.6 and the supplementary standards for such system promulgated by
the Commission in Paragraph (g) of this Rule. Unless a specific variance is
granted, placement and maintenance of the markers must be and remain in
accordance with the uniform system. The Executive Director or his
representative is instructed to supervise and approve placement and maintenance
of individual markers to insure full implementation of the objectives of the
(d) Implementation of Uniform Waterway Marking System.
Except where done by virtue of the supervening federal authority, it is
unlawful for anyone to place, maintain, or to allow to remain in place, any
regulatory markers or navigational aids of the sort included in the uniform
system in any waters without authorization of the Commission. The Executive
Director is authorized to approve placement of the navigational aids,
informational markers, and regulatory markers warning of dangers and not
requiring enforcement sanctions, in accordance with both public interest in
recreational use and water safety and in accordance with the policies embodied
in the uniform system.
(e) Removal of Unauthorized Markers. Markers or navigational
aids which do not conform to the specifications of the uniform system or which
are placed without lawful authority or permission, where the person responsible
for the actual placement cannot be feasibly determined, may be removed by
agents of the Commission. Nonconforming markers as to which the person
responsible for placement and maintenance is known, may nevertheless be removed
by agents of the Commission if such markers are likely to mislead the public or
cause a dangerous situation. Where agents of the Commission discover authorized
markers which have been improperly placed or are defective through lack of
maintenance, such agents may serve written notice upon the person responsible
for such improper placement or for the maintenance of the marker concerned.
If, within 10 days no action has been taken in accordance with the notice
given, such default constitutes a violation of these regulations.
(f) Miscellaneous Restrictions. Except for mooring buoys
or markers as to which it is specifically permitted, it is unlawful to tie a
vessel to any waterway marker. It is unlawful for any unauthorized person to
move, remove, damage, obstruct, paint over, or in any way tamper with any
marker lawfully placed in the waters of North Carolina in conformity with these
regulations or the uniform system generally.
(g) Supplementary Standards. The standards listed in this
Paragraph are supplementary to the Uniform Waterway Marking System and shall be
applicable in the succeeding rules of this Section to the areas of water
(1) The perimeter of swimming areas in the
water must be marked with float lines which, in conjunction with the shoreline,
form a completely enclosed area. The total enclosed area may not exceed 5,000
square feet. Such area may not extend out into the water sufficiently as to
restrict travel unduly on any regular navigational channel or otherwise to
obstruct passage of vessels in reasonably using the waters.
(2) Float lines must have attached floats along
their length at intervals of not less than one every 10 feet.
(3) Floats must be buoyant enough to float at
the surface of the water while attached to the float line, but no float may
exceed a size of 18 inches as measured across its largest dimension.
(4) Floats may be solid or hollow and
preferably should be of plastic or other light and resilient material not
likely to cause injury should one strike a swimmer in the water.
(5) Floats must be either solid white or solid
international orange in color. Float lines may consist of all white floats or
of alternating white and orange floats.
(6) Buoys or floating signs indicating the
"boats‑keep‑out" symbol of the uniform system and in
conformity with its standards must be attached to the float lines at such
points as necessary to give warning to the vessels approaching the swimming
area from various directions.
(7) Float lines and warning markers must be
anchored securely to prevent them from shifting position to any appreciable
extent under normal conditions.
(8) All markers warning of a no‑wake
speed zone around certain facilities must be buoys or floating signs placed in
the water at a distance of not greater than 50 yards from the protected
facility. The markers must be sufficient in number and size as to give
adequate warning of the restriction to the vessels approaching from various
(9) The boundaries of mooring areas may be
defined by the placement of the speed zone warning markers themselves or by
such warning markers plus additional boundary floats or markers that may be
approved by the Executive Director or his representative.
History Note: Authority G.S. 75A‑3; 75A‑15;
Eff. February 1, 1976;
Amended Eff. November 1, 1993; March 25, 1978;
Temporary Amendment Eff. July 1, 1998;
Amended Eff. April 1, 1999.