SUBCHAPTER 12F ‑ NATURAL AND SCENIC RIVERS PROGRAM
SECTION .0100 ‑ GENERAL PROVISIONS
15A NCAC 12F .0101 STATEMENT OF POLICY
15A NCAC 12F .0102 STATEMENT OF PURPOSE
15A NCAC 12F .0103 DEFINITIONS
15A NCAC 12F .0104 LOCATION
History Note: Authority G.S. 113A‑31; 113A‑32;
113A‑35; 113A‑36;
Eff. April 4, 1979;
Repealed Eff. October 1, 1984.
SECTION .0200 ‑ CRITERIA FOR
CLASSIFICATION AND DESIGNATION
15A NCAC 12F .0201 CRITERIA FOR CLASSIFICATION
History Note: Authority G.S. 113A‑34; 113A‑36;
Eff. April 4, 1979;
Repealed Eff. October 1, 1984.
15A NCAC 12F .0202 CRITERIA FOR DESIGNATION
(a) In addition to the criteria listed in G.S. 113A‑35,
the following criteria for a river to qualify as either natural or scenic shall
apply to this Subchapter:
(1) A river segment should be long enough to provide
a rewarding experience and to encompass a sufficient portion of those features
and processes that make the segment worthy of consideration. Generally, in
urban areas, any segment included in the rivers system should be at least two
and one‑half miles long. In non‑urban areas, a segment should be
at least five miles in length.
(2) Boundaries. The natural features and
forces necessary for the maintenance of a high quality riverine resource must
be identified, and boundaries should be established to provide for adequate
protection of these features.
(b) In addition to the criterion set out in Subsection (a)
of this Rule, a river shall meet the following criteria for designation as a
natural river:
(1) Water Flow
(A) The river (or segment) must be free from
impoundments including dams, diversion works, artificial constrictions of the
river, rock rip‑rap, concrete blocks, retaining walls, rock filled
gabions, or pilings. Future dam construction within the river (or segment)
shall be prohibited.
(B) The infiltration capacity should approximate that of
an undisturbed watershed.
(2) Public Access
(A) Public access shall be limited to trails and must be
by foot or non‑powered water craft, except in certain instances,
primarily on coastal waters, where access may be by motorized watercraft.
(B) Motorized vehicles shall not be visible from the
river and no roads or other provisions for overland motorized travel are
permitted within a narrow incised river valley, or if the river valley is
broad, within one‑fourth mile of, and parallel to, the river bank. The
presence, however, of inconspicuous roads leading to the river area may be
permissible.
(3) Environmental Quality
(A) Natural rivers and adjacent land areas present
natural features and processes essentially undisturbed by man. Shorelines are
free of habitation and other substantial evidence of man's intrusion, except
that inconspicuous dwellings may be permitted. Watersheds are natural‑like
in appearance and all conservation methods employed must be in keeping with the
natural river environment.
(B) Abandoned pasture, old field succession areas
(including early stages), old burns, and relatively unobtrusive forest
management activity areas can be permitted.
(C) Natural river area designation is enhanced by the
existence of climax species or extremely well developed vegetational
communities, visible indigenous animal species, high water quality, and unique
natural features.
(c) In addition to the criteria set out in Subsection (a)
of this Rule, a river shall meet the following criteria for designation as a
scenic river:
(1) Water Flow. The river (or segment) shall
be largely free of impoundments. If an impoundment is present, water should
not have the characteristics of impoundment for any significant distance.
Future dam construction within the segment shall be prohibited.
(2) Public access to scenic rivers may be by
roads which occasionally bridge the river. Short stretches of conspicuous or
longer stretches of inconspicuous and well‑screened roads or railroads
paralleling the river area may be permitted.
(3) Environmental Quality
(A) Scenic river areas are more amenable to multiple use
than natural river areas. They are more suited for active and intensive
recreational uses. However, these uses must be kept within the restraints
imposed by the ability of the resources to support use without degradation.
(B) Scenic river shorelines and adjacent lands shall be
largely free of structures. Forested landscapes mixed with dispersed
agricultural uses and rural dwellings or settlements, including low density
vacation homes, are characteristic of scenic river areas. Small communities or
any concentration of habitation should be limited to relatively short
stretches. Indigenous construction materials are preferred. Farming, timber
harvest, and similar resource use is permissible if accomplished without a
substantially adverse effect on natural appearance.
(C) Acceptable erosion control devices, in accordance
with the Sedimentation and Pollution Control Act, must be installed.
(D) Occasional utility easements, perpendicular to the
river course, may be permitted.
History Note: Authority G.S. 113A‑31; 113A‑35;
113A‑36;
Eff. April 4, 1979;
Amended Eff. August 1, 1988; January 1, 1985; October 1,
1984.
SECTION .0300 ‑ CRITERIA FOR MANAGEMENT
15A NCAC 12F .0301 GENERAL POLICY
History Note: Authority G.S. 113A‑36;
Eff. April 4, 1979;
Repealed Eff. October 1, 1984.
15A NCAC 12F .0302 NATURAL AND SCENIC RIVERS
Specifications for natural and scenic rivers:
(1) Rules, regulations, policies and procedures may be
enforced only in areas to which the state has either prior jurisdiction or fee
simple possession.
(2) Policies and procedures can be enforced in areas in
which the state has acquired an easement, but only through the terms found in
the deed of easement.
History Note: Authority G.S. 113A‑36;
Eff. April 4, 1979.
15A NCAC 12F .0303 MANAGEMENT OF NATURAL RIVER AREAS
(a) The management of a natural river area shall give
primary emphasis to protecting the values which make it outstanding while
providing river related outdoor recreation opportunities in a natural setting:
(1) No dredging or sand and gravel operations
shall be permitted.
(2) Felled trees that partially block passage
down the river or obstruct stream flow may be removed.
(3) No clearcutting of trees shall be allowed
on lands owned by the state and designated as a natural river area.
(4) No streamside trees providing shade to the
river shall be cut unless they present a hazard to public health and safety.
(b) Reasonable restraints on allowable volumes of use may
be employed.
(c) Facilities
(1) Existing structures that are not harmonious
with the natural character of the area shall be screened or made more
harmonious.
(2) New structures shall be prohibited unless
they are clearly in keeping with the natural river area classification and
management objectives and conform with the approved management plan for the
area.
(3) Management facilities may be permitted if
no significant adverse effect occurs to the natural character of the area.
(4) Adequate parking, launch ramps, and
information displays may be provided at the beginning and at the end of
designated natural river segments.
(5) Recreation Facilities
(A) Low density day use and, where necessary, primitive
overnight use, are permissible.
(B) Major public use areas, such as campgrounds,
interpretative centers, or administrative headquarters shall be located outside
of, but adjacent to, natural river areas.
(C) Simple comfort and convenience facilities, such as
fireplaces, potable water, shelters, toilets, and where necessary, primitive
camping facilities may be provided at certain selected points within natural
river areas for recreation users to the extent that they are necessary to
provide an enjoyable experience, protect popular sites, and meet the management
objectives.
(d) Recreation activities that may be consistent with the
management of a natural river area in the system are:
(1) hiking, defined as foot travel on trails
which can be traversed in one day or less; Ideally, these trails should be
loop trails with some shelter. Loop trails of one‑half mile to two miles
may be used for interpretative purposes;
(2) backpacking;
(3) horseback riding on trails parallel to and
along a designated river area;
(4) boating, which may include tubing,
kayaking, canoeing, rafting and power boating; However, power boating may be
restricted by such means as limitations on engine size and limitations of use
at specified times and at specified places;
(5) swimming;
(6) hunting and fishing, where consistent with
state regulations.
(e) Access
(1) Direct river access shall be provided and
occur only at the beginning and end of designated natural rivers or segments.
(2) Perpendicular side trails may provide non‑vehicular
river access at intermediate points along the river or segment.
History Note: Authority G.S. 113A‑36;
Eff. April 4, 1979.
15A NCAC 12F .0304 MANAGEMENT OF SCENIC RIVER AREAS
(a) A scenic river area shall be managed so as to maintain
and provide outdoor recreation opportunities in the near‑natural
setting. Diversity and volume of recreational use will dictate more intensive
management practices on segments designated as scenic.
(b) Reasonable restraints on allowable volumes of use may
be employed.
(c) Facilities
(1) Facilities at access points may include any
of those allowed at public access on natural rivers listed in Rule .0303(c) of
this Section plus campgrounds, interpretative, and administrative facilities.
(2) Scenic rivers can have roads paralleling
some portions of the river. Where such roads are public, they may be
designated as scenic roads. Overlooks, roadside picnic areas, and undeveloped
tent and trailer camping facilities may be developed.
(3) Recreational Facilities
(A) Boating facilities shall be similar to those found
on natural river areas listed in Rule .0303(c) of this Section.
(B) Bicycle Facilities
(i) Bicycle rest areas may be provided and may be
in conjunction with roadside picnic areas, overlooks, and rest stops for other
activities.
(ii) Overnight camping facilities for cyclists may
be provided at appropriate intervals.
(d) Access
(1) Direct vehicular access may be permitted at
appropriate points along a scenic river.
(2) Access facilities for boating and floating
may be permitted at intermediate points along the river.
(3) Motorized vehicles shall be allowed on
designated sections of the land area.
(e) Activities. Activities consistent with the management
of a scenic river in the system are the same as those for a natural river area
listed in Rule .0303(c) of this Section plus scenic driving and bicycling.
(f) Integrated public and private investments on designated
scenic river areas shall be encouraged.
History Note: Authority G.S. 113A‑36;
Eff. April 4, 1979.
SECTION .0400 ‑ PROCEDURES LEADING TO THE INCLUSION OF
RIVERS IN THE SYSTEM
15A NCAC 12F .0401 PROCEDURES LEADING TO DESIGNATION
15A NCAC 12F .0402 SCHEDULE OF RIVERS FOR STUDY
15A NCAC 12F .0403 STUDY TEAM
15A NCAC 12F .0404 LOCAL ADVISORY COMMITTEE
History Note: Authority G.S. 113A‑36;
Eff. April 4, 1979;
Repealed Eff. October 1, 1984.
SECTION .0500 ‑ ACQUISITION OF LANDS FOR THE SYSTEM
15A NCAC 12F .0501 ACQUISITION
15A NCAC 12F .0502 AUTHORIZATION
History Note: Authority G.S. 113A‑36; 113A‑38;
Eff. April 4, 1979;
Repealed Eff. October 1, 1984.