GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 151

Short Title:  Protect Natural/Scenic Rivers.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Sherron, Allran, Kaplan, Shaw; Basnight, Carpenter, Johnson, Odom, Plexico, Plyler, Staton, Tally, Ward, and Warren.
─────────────────────────────────────── 
Referred to:  Environment and Natural Resources.
─────────────────────────────────────── 

February 20, 1991

A BILL TO BE ENTITLED
AN ACT TO STRENGTHEN THE NATURAL AND SCENIC RIVERS SYSTEM AND TO REQUIRE ZONING AND OTHER LAND-USE CONTROLS TO PROTECT DESIGNATED RIVERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-34 reads as rewritten:
"§ 113A-34. Types of scenic rivers.
The following types of rivers are eligible for inclusion in the North Carolina natural and scenic rivers system:
Class I. Natural river areas. Those free-flowing rivers or segments of rivers and adjacent lands existing in a natural condition. Those rivers or segments of rivers that are free of man-made impoundments and generally inaccessible except by trail, with the lands within the boundaries essentially primitive and the waters essentially unpolluted. These represent vestiges of primitive America.
Class II. Scenic river areas. Those rivers or segments of rivers that are largely free of impoundments, with the lands within the boundaries largely primitive and largely undeveloped, but accessible in places by roads.  Scenic river areas provide beautiful views, which may include forested landscapes and dispersed agricultural or pastoral areas.
Class III.  Recreational river areas.  Those rivers or segments of rivers that offer outstanding recreation and scenic values and that are largely free of impoundments.  They may have some development along their shorelines and have more extensive public access than natural or scenic river segments.  Recreational river segments may also link two or more natural and/or scenic river segments to provide a contiguous designated river area. "
Sec. 2. G.S. 113A-36(c) and (c1) read as rewritten:
	"(c) The Department shall study and submit to the Governor and to the General Assembly reports proposing additions to the rivers system. Each report shall specify the category of the proposed addition according to G.S. 113A-34. The report shall also contain at a minimum:
(1)	A description of the area and whether it will be a worthy addition to the system;
(2)	The feasibility of the inclusion of a river or a segment within the system;
(3)	How the river or segment addresses needs identified in the Systemwide Plan of the State Parks System pursuant to G.S. 113-44.11 and priorities identified in the rivers assessment;
(4)	Preliminary cost estimates for land acquisition, capital improvements, further planning, and operations; and
(5)	What local governmental action should be or has been taken to protect the river or segment.
Before submitting any proposal to the Governor or the General Assembly for the addition to the system of a river or segment of a river, the Department shall hold a public hearing in each county where said river or segment of river is situated. Notice of such public hearing shall be given by publishing a notice once each week for two consecutive weeks in a newspaper having general circulation in the county where said hearing is to be held, the second of said notices appearing not less than 10 days before said hearing. Any person attending said hearing shall be given an opportunity to be heard. Notwithstanding the provisions of the foregoing, no public hearing shall be required with respect to a river bounded solely by the property of one owner, who consents in writing to the addition of such river to the system.
(c1)	Upon receipt of a request in the form of a resolution from the commissioners of the county or counties in which a river segment is located and upon studying the segment and determining that it meets the criteria set forth in G.S. 113A-35, the Secretary may designate the segment a potential component of the natural and scenic rivers system. The designation as a potential component shall be transmitted to the Governor and all appropriate State agencies. Any segment so designated is subject to the provisions of this Article applicable to designated rivers, except for acquisition by condemnation or otherwise, and to any rules adopted pursuant to this Article. The designation as a potential component shall be a temporary designation which shall expire after three years.
Within one year of designation as a potential component, the Department shall submit to the Governor and the General Assembly a report on the river or segment in accordance with G.S. 113A-36. The General Assembly shall determine whether to designate the segment as a component of the natural and scenic rivers system based upon the proposed segment's significance to the State Parks Act and the Systemwide Plan. If the General Assembly fails to take affirmative action on the designation within the three-year period, the designation as a potential component shall expire."
Sec. 3. G.S. 113A-37 reads as rewritten:
"§ 113A-37. Raising the status of an area.
Whenever in the judgment of the Secretary of the Department a scenic river segment has been sufficiently restored and enhanced in its natural scenic and recreational qualities so that a different classification is more appropriate, such segment may be reclassified by the Department and thereafter administered accordingly.”
Sec. 4. G.S. 113A-43 reads as rewritten:
"§ 113A-43. Authorization of advances.
The Department of Administration is hereby authorized to advance from land-purchase appropriations necessary amounts for the purchase of land in those cases where reimbursement will be later effected by the National Park Service of the United States Department of the Interior."
Sec. 5. G.S. 113A-44 reads as rewritten:
"§ 113A-44. Restrictions on project works on natural or scenic river.
The State Utilities Commission may not permit the construction of any dam, water conduit, reservoir, powerhouse transmission line, or any other project works on or directly affecting any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. No department or agency of the State may assist by loan, grant, license, permit, or otherwise in the construction of any project that would have a direct and adverse effect on any river segment that is designated as a component or potential component of the State Natural and Scenic Rivers System. This section shall not, however, preclude licensing of or assistance to a development below or above a designated or potential component. No department or agency of the State may recommend authorization of any project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System, or request appropriations to begin construction of any such project, regardless of when authorized, without advising the Secretary in writing of its intention to do so at least 60 days in advance. Such department or agency making such recommendation or request shall submit a written impact statement to the General Assembly to accompany the recommendation or request specifically describing how construction of the project would be in conflict with the purposes of this act and how it would affect the component or potential component. Every State agency shall recognize the policy and purpose of the Natural and Scenic Rivers Act and take steps necessary to protect and enhance the natural, scenic, and recreational qualities of designated river segments."
Sec. 6. Chapter 113A of the General Statutes is amended by adding a new section to read:
"§ 113A-38.1.  Land-use controls and guidelines.
(a)	In addition to acquisition of lands in fee simple or lesser interest as authorized by G.S. 113A-38, riparian land along designated rivers or segments shall be protected by local land-use controls which regulate the use and development of the river corridor.
For additions to the natural and scenic rivers system, local government with jurisdiction over riparian land along designated rivers or segments has a two-year period after designation to certify to the Department that the zoning or other land-use controls are at least as restrictive as the guidelines established pursuant to subsection (b)	of this section. Certification shall be accompanied by the ordinance and zoning map covering the area. Failure to accomplish the requirements of this subsection shall result in the expiration of the designation of the river or segment as a component of the natural and scenic rivers system.
	(b) The Department shall by rule adopt land-use guidelines to implement this section."
Sec. 7. This act becomes effective October 1, 1991.