Bill Summary for S 465 (2023-2024)

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Summary date: 

Apr 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 465 (Public) Filed Monday, April 3, 2023
AN ACT AUTHORIZING CITIES TO REMOVE ABANDONED VESSELS FROM NAVIGABLE WATERS IN THEIR ORDINANCE-MAKING JURISDICTION IN THE SAME MANNER AS COUNTIES AND GRANTING ALL COUNTIES THE SAME AUTHORITY TO REMOVE ABANDONED VESSELS FROM NAVIGABLE WATERS.
Intro. by Lazzara.

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Bill summary

Amends GS 153A-132(i), a subsection permitting a county to adopt ordinances regarding the abandonment and removal of vessels in navigable waters, to make the subsection applicable statewide by removing the provision limiting applicability to the counties listed in GS 113A-103(2). 

Creates new GS 160A-205.6, with text substantially similar to GS 153A-132(i), which permits a city to adopt an ordinance prohibiting the abandonment of vessels in navigable waters within its jurisdiction. Applies the terms of GS 160A-303 to abandoned vessels in the same way that they apply to abandoned or junked motor vehicles. Defines an abandoned vessel as one that is (1) moored, anchored, or located for more than 30 days in a 180-day period without permission of the dock owner, or (2) in danger of sinking, has sunk, or is located in a way to be a hazard to navigation or danger to other vessels. Makes an exception to this definition for underwater archaeological remains such as shipwrecks that have been in place more than 10 years, unless removal is approved by the Department of Natural and Cultural Resources.

Clarifies that all local acts authorizing ordinances regulating the removal or disposal of abandoned vessels and all ordinances adopted pursuant to those acts remain in effect after the bill becomes law.