Bill Summary for S 151 (2013-2014)

Summary date: 

Jul 17 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 151 (Public) Filed Thursday, February 28, 2013
AN ACT TO AMEND MARINE FISHERIES LAWS; AMEND THE LAWS GOVERNING THE CONSTRUCTION OF TERMINAL GROINS; AND CLARIFY THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.
Intro. by Rabon.

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Bill summary

House amendment makes the following changes to the 4th edition.

Amends the long title.

Amends GS 160A by enacting a new GS 160A-203, Cities enforce ordinances in public trust areas, providing that a city may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the state's ocean beaches and can also prevent or abate any unreasonable restriction of the public's right to use the state's ocean beaches. Also allows a city to regulate, restrict, or prohibit the placement, maintenance, location, or use of equipment, personal property, or debris on ocean beaches. This authority extends to the state's ocean beaches within or adjacent to the city's jurisdictional boundaries. Provides that a city may enforce an ordinance adopted pursuant to this section by any remedy provided for in GS 160A-175.

Provides that this new section should not be construed to limit the authority of the state or a state agency or affect applicable common law or other authority to regulate the state's ocean beaches in the specified ways or prevent the right of the people of North Carolina to enjoy the free use and enjoyment of the state's ocean beaches.

Amends GS 113-131, making conforming changes and including a reference to GS 160A-203, providing that cities do have authority to adopt and enforce ordinances, notwithstanding GS 113-131.

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