§ 77-77.  Regulatory authority.

(a)        Except as limited in subsection (b) of  this section, by restrictions in any joint resolution, and by other  supervening provisions of law, the Commission may make regulations  applicable to Mountain Island Lake and its shoreline area concerning all  matters relating to or affecting the use of Mountain Island Lake.  These  regulations may not conflict with or supersede provisions of general or  special acts or of regulations of State agencies promulgated under the  authority of general law.  No regulations adopted under this section may  be adopted by the Commission except after public hearing, with publication  of notice of the hearing being given in a newspaper of general circulation  in the three counties at least 10 days before the hearing. In lieu of or  in addition to passing regulations supplementary to State law and  regulations concerning the operation of vessels on Mountain Island Lake,  the Commission may, after public notice, request that the Wildlife  Commission pass local regulations on this subject in accordance with the  procedure established by appropriate State law.

(b)        Violation of any regulation of the Commission  commanding or prohibiting an act shall be a Class 3 misdemeanor.

(c)        The regulations promulgated under this section take  effect upon passage or upon dates as stipulated in the regulations, except  that no regulation may be enforced unless adequate notice of the  regulation has been posted in or on Mountain Island Lake or its shoreline  area.  Adequate notice as to a regulation affecting only a particular  location may be by a sign, uniform waterway marker, posted notice, or  other effective method of communicating the essential provisions of the  regulation in the immediate vicinity of the location in question.  Where a  regulation applies generally as to Mountain Island Lake or its shoreline  area, or both, there must be a posting of notices, signs, or markers  communicating the essential provisions in at least three different places  throughout the area, and it must be printed in a newspaper of general  circulation in the three counties.

(d)       A copy of each regulation promulgated under this  section must be filed by the Commission with the following persons:

(1)        The Secretary of State;

(2)        The clerks of Superior Court of Gaston, Lincoln,  and Mecklenburg Counties; and

(3)        The Executive Director of the Wildlife  Commission.

(e)        Any official designated in subsection (d) above may  issue certified copies of regulations filed with him under the seal of his  office.  Those certified copies may be received in evidence in any  proceeding.

(f)          Publication and filing of regulations promulgated  under this section as required above is for informational purposes and  shall not be a prerequisite to their validity if they in fact have been  duly promulgated, the public has been notified as to the substance of  regulations, a copy of the text of all regulations is in fact available to  any person who may be affected, and no party to any proceeding has been  prejudiced by any defect that may exist with respect to publication and  filing.  Rules and regulations promulgated by the Commission under the  provisions of other sections of this Article relating to internal governance  of the Commission need not be filed or published.  Where posting of any  sign, notice, or marker or the making of other communication is essential  to the validity of a regulation duly promulgated, it shall be presumed in  any proceeding that prior notice was given and maintained and the burden  lies upon the party asserting to the contrary to prove lack of adequate  notice of any regulation.  (1997-257, s. 8.)