GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 918

Short Title: Clarify State Trails System. 	(Public)
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Sponsors: Senator Lee.
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Referred to:  Environment and Natural Resources.
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April 20, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE NORTH CAROLINA TRAILS SYSTEM ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-84(b) reads as rewritten:
"(b)	The purpose of this Article is to provide the means for attaining these objectives by instituting a State system of scenic and recreation trails, coordinated with and complemented by existing and future local trail segments or systems, and by prescribing the methods by which, and standards according to which, components may be added to the State trails system."
Sec. 2.  G.S. 113A-85 reads as rewritten:
"§ 113A-85.  Definitions.
Except as otherwise required by context, the following terms when used in this Article shall be construed respectively to mean:
(1)	'Department' means the North Carolina Department of Environment, Health, and Natural Resources.
(2)	'Political subdivision' means any county, any incorporated city or town, or other political subdivision.
(3)	'Scenic easement' means a perpetual easement in land which
a.	Is held for the benefit of the people of North Carolina,
b.	Is specifically enforceable by its holder or beneficiary, and
c.	Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
(4)	'Secretary' means the Secretary of Environment, Health, and Natural Resources, except as otherwise specified in this Article.
(5)	'State trails system' means the trails system established in this Article or pursuant to the State Parks Act, Article 2C of Chapter 113 of the General Statutes, and including all trails and trail segments, together with their rights-of-way, added by any of the procedures described in this Article or by any pursuant to Article 2C of Chapter 113 of the General Statutes.
(6)	'Trail' means:
a.	Park trails. –  Trails designated and managed as units of the North Carolina State Parks System under Article 2C of Chapter 113 of the General Statutes.
b.	Designated trails. –  Trails designated by the Secretary pursuant to this Article as components of the State trails system that are managed by other governmental agencies or corporations listed with the Secretary of State.
c.	Other public trails that are open to the public, including trails that are not designated by the Secretary as components of the State trails system.
	Park trails or designated trails include State scenic trails, State recreation trails, and State connecting trails under G.S. 113A-86 when the intended primary use of the park trails or designated trails is to serve as park trails or designated trails, respectively."
Sec. 3.  G.S. 113A-86 reads as rewritten:
"§ 113A-86. Composition of State trails system.
The State trails system shall be composed of designated:
(1)	State scenic trails, which are defined as extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass.
(2)	State recreation trails, which are defined as trails planned  principally for recreational value and may include trails for foot travel, horseback, nonmotorized bicycles, nonmotorized water vehicles, and two-wheel- and four-wheel-drive motorized vehicles. More than one of the aforesaid types of travel may be permitted on a single trail in the discretion of the Secretary.
(3)	Connecting or side trails, which will provide additional points of public access to State recreation or State scenic trails or which will provide connections between such trails."
Sec. 4.  G.S. 113A-87 reads as rewritten:
"§ 113A-87.  Authority to designate trails.
The Department may establish and designate 	trails on:
(1)	Lands administered by the Department, 
(2)	Lands under the jurisdiction of a State department, political subdivision, or federal agency, or 
(3)	Private lands provided, fee-simple title, lesser estates, scenic easements, easements of surface ingress and egress running with the land, leases, or other written agreements are obtained from landowners through which a State trail may pass."
Sec. 5.  G.S. 113A-89 reads as rewritten:
"§ 113A-89. Location of trails.
The process of locating routes of designated trails to be added to the system shall be as follows:
For State scenic trails, the Secretary or a designee, after consulting with the Committee, shall recommend a route. For State recreation trails and for connecting or side trails, the Secretary or a designee, after consulting with the Committee, shall select the route.  The Secretary may provide technical assistance to political subdivisions or private, nonprofit organizations that develop, construct, or maintain designated trails or other public trails that complement the State trails system. When a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the Department shall consult with such unit or such subdivision prior to its final determination of the location of the route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the Department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions to be conspicuously posted at the appropriate courthouse. Such publication shall be prior to the designation of the trail by the Secretary."
Sec. 6.  G.S. 113A-95 reads as rewritten:*¨
"§ 113A-95.  Trail use liability.
(a)	Any person, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to use the land for designated trail or other public trail purposes or to construct, maintain, or cause to be constructed or maintained a designated trail or other public trail owes the person the same duty of care he owes a trespasser. 
(b)	Any person who without compensation has constructed, maintained, or caused to be constructed or maintained a designated trail or other public trail pursuant to a written agreement with any person who is an owner, lessee, occupant, or otherwise in control of land on which a trail is located shall owe a person using the trail the same duty of care owed a trespasser.
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Sec. 7.  This act is effective upon ratification.