S477: DNCR Agency Bill.-AB Latest Version

Session: 2025 - 2026

Senate
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
House
Passed 1st Reading
Committee
Rules


AN ACT to make various changes to the statutes governing the Department of Natural and Cultural Resources, as recommended by the Department.



The General Assembly of North Carolina enacts:



 



NATURAL HERITAGE PROGRAM DATA CONFIDENTIALITY



SECTION 1.(a)  The Nature Preserves Act, Part 42 of Article 2 of Chapter 143B of the General Statutes, is amended by adding a new section to read:



§ 143B‑135.275.  Confidentiality of rare species and sensitive natural habitat information.



Information concerning the nature and location of any (i) rare species of plants or animals or (ii) sensitive natural habitats may be made available to the public under Chapter 132 of the General Statutes or under any other provision of law, regardless of whether the rare species or sensitive natural habitats are located on public or private property, unless the Department of Natural and Cultural Resources determines that the disclosures would create a risk of harm, theft, or destruction to those species or habitats.



SECTION 1.(b)  This section is effective when it becomes law.



 



STANDARDS FOR VISITOR CONDUCT EXEMPTED FROM RULE MAKING



SECTION 2.  G.S. 150B‑1(d) reads as rewritten:



(d)      Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:





(27a)    The Department of Natural and Cultural Resources in developing standards and rules of conduct governing visitors to sites owned or managed by the Department.



….



 



EXTENDED LEASE TERMS FOR STATE RECREATION AREAS



SECTION 3.  Pursuant to G.S. 146‑25(b) and G.S. 146‑29(b), the General Assembly authorizes the Department of Natural and Cultural Resources to enter into leases for a period greater than 30 years, but no more than 50 years, of lands owned by the federal government and managed by the Department as the Falls Lake, Jordan Lake, and Kerr Lake State Recreation Areas.



 



MODERNIZE HISTORICAL PUBLICATIONS STATUTE



SECTION 4.  G.S. 121‑6 reads as rewritten:



§ 121‑6.  Historical publications.





(b)        Editing and Publishing of Official Messages and Other Papers of Governor. – During the term of office of each Governor of this State, a copy of all official messages delivered to the General Assembly, addresses, speeches, statements, news releases, proclamations, executive orders, weekly calendars, articles, transcripts of news conferences, lists of appointments, and other official releases and papers of the Governor shall be kept in the Governor's office for delivery to the Department of Natural and Cultural Resources at the end of each quarter during the Governor's administration. These papers shall be compiled and a selection made therefrom by a skilled and competent editor. The editor shall edit, according to acceptable scholarly standards, the selected materials which shall be published in a documentary volume as soon as practicable after the conclusion of the term of office of each Governor. If, for any reason, a Governor serves less than a full term, a documentary volume shall be edited and published for such portion of a term as he shall have served. If a Governor serves more than one term, a documentary volume shall be edited and published for each term served. Funds for editorial assistance, printing, binding, and distribution shall may be paid from the Contingency and Emergency Fund. The number of copies of each volume to be printed shall be determined by the Department of Natural and Cultural Resources in consultation with the Governor whose papers are being published.



(c)        It shall be the duty and the responsibility for the Department of Natural and Cultural Resources to edit and publish a second or new series of the most significant records of colonial North Carolina. From records which have been compiled in the North Carolina State Archives concerning the colonial period of North Carolina, a selection of the most significant documents shall be made therefrom by a skilled and competent editor. The editor shall edit, according to acceptable scholarly standards, the selected materials which shall be published in documentary volumes not to exceed approximately 700 pages each in length until full and representative published colonial records of North Carolina shall have been achieved. The number of copies of each volume to be so printed shall be determined by the Department of Natural and Cultural Resources, and such determination shall be based on the number of copies the Department can reasonably expect to sell in a period of 10 years from the date of publication. In any year during which the Department of Natural and Cultural Resources has completed a volume and has it ready for publication, the Department may include in its base budget for that year sufficient funds to pay the estimated costs of publishing the volume. In the event that the volume is not published during that year, the appropriation made, or any unencumbered balance, shall revert to the general fund.General Fund.



 



SYMPHONY STATUTORY REVISIONS



SECTION 5.(a)  G.S. 126‑5(c11) reads as rewritten:



(c11)  The following are exempt from (i) the classification and compensation rules established by the State Human Resources Commission pursuant to G.S. 126‑4(1) through (4); (ii) G.S. 126‑4(5) only as it applies to hours and days of work, vacation, and sick leave; (iii) G.S. 126‑4(6) only as it applies to promotion and transfer; (iv) G.S. 126‑4(10) only as it applies to the prohibition of the establishment of incentive pay programs; and (v) Article 2 of Chapter 126 of the General Statutes, except for G.S. 126‑7.1:



(1)        The Office of the Commissioner of Banks and its employees.



(2)        The following employees of the Department of Natural and Cultural Resources:



a.         Director and Associate Directors of the North Carolina Museum of History.



b.         Program Chiefs and Curators.



c.         Regional History Museum Administrators and Curators.



d.         Employees assigned to assist the North Carolina Symphony.Symphony Society, Incorporated.



e.         Director, Associate Directors, and Curators of Tryon Palace.



f.          Director, Associate Directors, and Curators of Transportation Museum.



g.         Director and Associate Directors of the North Carolina Arts Council.



h.         Director, Assistant Directors, and Curators of the Division of State Historic Sites.



….



SECTION 5.(b)  G.S. 143B‑94 reads as rewritten:



§ 143B‑94.  North Carolina Symphony Society, Inc.



The North Carolina Symphony Society, Incorporated, Incorporated, is not a State agency within the meaning of this Chapter and is exempt from all provisions of this Chapter other than this section. The North Carolina Symphony Society, Incorporated, shall continue to be under eligible to receive the patronage of the State as provided in Article 2 of Chapter 140 of the General Statutes of North Carolina. The governing body of the North Carolina Symphony Society, Incorporated, shall be a board of trustees consisting of not less than 16 members of which the Governor of the State and the Superintendent of Public Instruction shall be ex officio members and four other members shall be named by the Governor. The remaining trustees shall be chosen by members of the North Carolina Symphony Society, Incorporated, in such manner and for such terms as that body shall determine. The initial members named by the Governor shall be appointed from the members of the existing board of trustees of the North Carolina State Symphony Society, Incorporated, for the balance of their existing terms. Subsequent appointments shall be made for terms of four years each.



 



EXPAND AND CODIFY FREE SCHOOL GROUP ADMISSION



SECTION 6.(a)  Article 2 of Chapter 143B of the General Statutes is amended by adding a new section to read:



§ 143B‑53.15.  Free admission for school groups.



The Department of Natural and Cultural Resources may not impose fees on school groups visiting sites owned or managed by the Department. For purposes of this section, fees refers to any regular admission charge and does not include activity fees or a separate admission charge for special or temporary exhibitions.



SECTION 6.(b)  Section 14.11(g) of S.L. 2015‑241 is repealed.



 



REPEAL OBSOLETE REPORTING REQUIREMENTS



SECTION 7.(a)  G.S. 121‑12.1 is repealed.



SECTION 7.(b)  G.S. 143‑406 reads as rewritten:



§ 143‑406.  Duties of Department of Natural and Cultural Resources.



The Department of Natural and Cultural Resources shall take action to carry out the following purposes as funds and staff permit:



(1)        Study, collect, maintain, and otherwise disseminate factual data and pertinent information relative to the arts;



(2)        Assist local organizations and the community at large with needs, resources and opportunities in the arts;



(3)        Serve as an agency through which various public and nonpublic organizations concerned with the arts can exchange information, coordinate programs and stimulate joint endeavors;



(4)        Identify research needs, encourage research and assist in obtaining funds for research;



(5)        Assist in bringing the highest obtainable quality in the arts to the State; promote the maximum opportunity for the people to experience, enjoy, and profit from those arts.



By February 15 of each odd‑numbered year, the Department of Natural and Cultural Resources shall, in addition to such other recommendations, studies, and plans as it may submit from time to time, submit a biennial report of progress to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division.



 



STATE NATURE AND HISTORIC PRESERVE ADDITIONS AND DELETIONS



SECTION 8.  G.S. 143‑260.10 reads as rewritten:



§ 143‑260.10.  Components of State Nature and Historic Preserve.



The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143‑260.8:



(1)        All lands and waters within the boundaries of the following units of the State Parks System as of May 2, 2023: May 6, 2025: Baldhead Island State Natural Area, Bakers Lake State Natural Area, Bay Tree Lake State Natural Area, Bear Paw State Natural Area, Beech Creek Bog State Natural Area, Bob's Creek State Natural Area, Bullhead Mountain State Natural Area, Bushy Lake State Natural Area, Carolina Beach State Park, Cliffs of the Neuse State Park, Chowan Swamp State Natural Area, Deep River State Trail, Dismal Swamp State Park, Elk Knob State Park, Fonta Flora State Trail, Fort Fisher State Recreation Area, Fort Macon State Park, Goose Creek State Park, Grandfather Mountain State Park, Haw River State Park, Hammocks Beach State Park, Jones Lake State Park, Lake Norman State Park, Lea Island State Natural Area, Medoc Mountain State Park, Merchants Millpond State Park, Mount Mitchell State Park, Northern Peaks State Trail, Pettigrew State Park, Pilot Mountain State Park, Pineola Bog State Natural Area, Pisgah View State Park, Raven Rock State Park, Run Hill State Natural Area, Salmon Creek State Natural Area, Sandy Run Savannas State Natural Area, Singletary Lake State Park, Stone Mountain State Park, Sugar Mountain State Natural Area, Theodore Roosevelt State Natural Area, Warwick Mill Bay State Natural Area, Weymouth Woods‑Sandhills State Natural Area, Wilderness Gateway State Trail, and Yellow Mountain State Natural Area.



(2)        All lands and waters within the boundaries of William B. Umstead State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of William B. Umstead State Park or sell and use the proceeds for that purpose. The State of North Carolina may not otherwise sell or exchange this land. [The tracts are as follows:]



a.         Tract Number 65, containing 22.93140 acres as shown on a survey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS), entitled Property of The State of North Carolina William B. Umstead State Park, dated January 14, 1977 and filed in the State Property Office, which was removed from the State Nature and Historic Preserve by Chapter 450, Section 1 of the 1985 Session Laws.



b.         The portion of that certain tract or parcel of property at William B. Umstead State Park in Wake County, described in Deed Book 13337, Page 2379, and containing 0.15 acres as shown on the survey prepared by Robert T. Newcomb (RLS) entitled Property of Robert J. Demartini, dated August 1981.



(3)        Repealed by Session Laws 1999‑268, s. 2.



(4)        All lands within the boundaries of Morrow Mountain State Park as of May 2, 2023, May 6, 2025, with the exception of the following tract: That certain tract or parcel of land at Morrow Mountain State Park in Stanly County, North Albemarle Township, containing 0.303 acres, more or less, as surveyed and platted by Thomas W. Harris R.L.S., on a map dated August 27, 1988, and filed in the State Property Office, reference to which is hereby made for a more complete description.



(5)        Repealed by Session Laws 1999‑268, s. 2.



(6)        All land within the boundaries of Crowders Mountain State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Crowders Mountain State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land. [The tracts are as follows:]



a.         The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1939, page 800, and containing 757.28 square feet and as shown in a survey by Tanner and McConnaughey, P.A. dated July 22, 1988 and filed in the State Property Office.



b.         Repealed by Session Laws 2022‑31, s. 1, effective June 30, 2022.



c.         The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page No. 85, located on the north side of SR 2245 (Bethlehem Road) and containing 14,964 square feet as shown on the survey entitled Survey for Crowders Mountain State Park, Deed Book 1103‑107, Township 4 Kings Mountain, Cleveland County, N.C. by David W. Dickson, P.A. dated February 28, 2008.



d.         The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page 85, and containing 0.06 acres and 0.515 acres as shown on the survey entitled Boundary Survey for the State of N.C. Department of Administration, Township No. Four Cleveland County, N.C. by Carolinas Design Group, PLLC, dated November 6, 2007.



e.         Repealed by Session Laws 2022‑31, s. 1, effective June 30, 2022.



f.          The portion of that certain tract or parcel of property at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1240, Page 451, and containing 225 square feet as shown in a survey prepared by R&W Engineering and Surveying entitled Conveyance of 0.0052 acres owned by Crowders Mountain State Park, Gaston Co., NC and dated January 18, 1995.



(7)        All lands owned in fee simple by the State within the boundaries of New River State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that certain tract or parcel of land at New River State Park in Ashe County, Chestnut Hill Township, described in Deed Book 432, Page 724, and containing 44,033 square feet as shown on the survey prepared by Thomas Herman Company, PLLC and entitled Survey for State of North Carolina, Division of Parks and Recreation; Harold Davis; and Joe Davis dated March 24, 2017, and on file with the State Property Office.



b.         The portion of that certain tract or parcel of land at New River State Park in Ashe County, Obids Township, described in Deed Book 497, Page 371, and containing 10,014 square feet as shown on the drawings prepared for North Carolina Department of Transportation Project HB‑0054 by TGS Engineers, Inc., and on file with the State Property Office.



(8)        Repealed by Session Laws 2022‑31, s. 1, effective June 30, 2022.



(9)        All lands and waters located within the boundaries of the following State Historic Sites as of May 2, 2023: May 6, 2025: Alamance Battleground, Charles B. Aycock Birthplace, Historic Bath, Bennett Place, Bentonville Battleground, Brunswick Town/Fort Anderson, C.S.S. Neuse and Governor Caswell Memorial, Charlotte Hawkins Brown Memorial, Duke Homestead, Historic Edenton, Fort Dobbs, Fort Fisher, Historic Halifax, Horne Creek Living Historical Farm, House in the Horseshoe, North Carolina Transportation Museum, President James K. Polk, Reed Gold Mine, Shallow Ford of the Yadkin, Somerset Place, Historic Stagville, State Capitol, Thomas Day House/Union Tavern, Town Creek Indian Mound, Tryon Palace Historic Sites and Gardens, Zebulon B. Vance Birthplace, Endor Iron Furnace, and Thomas Wolfe Memorial, with the exception of the following tracts:



a.         The parcel of property at Tryon Palace Historic Sites and Gardens in Craven County, described in Deed Book 1740, Page 575, and located at 308 George Street, New Bern, North Carolina, 28562.



b.         The portion of that certain tract or parcel of property at Tryon Palace Historic Sites and Gardens in Craven County, described in Deed Book 1248, Page 699, and containing approximately 4,250 square feet as shown on a survey prepared by Rivers & Associates, Inc., entitled Easement Survey Map for: The City of New Bern Permanent Utility and Maintenance Easement, State of North Carolina (State Property Office) 116 West Jones Street, Raleigh, NC 27603, dated April 24, 2017.



(10),     (11) Repealed by Session Laws 2001‑217, s. 2, effective June 15, 2001.



(12)      All lands and waters located within the boundaries of Hanging Rock State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, for a 30‑foot wide right‑of‑way beginning approximately 183 feet south of SR 1001 and extending in a southerly direction approximately 1,479 feet to the southwest corner of the Bobby Joe Lankford tract and more particularly shown on a survey entitled, J. Spot Taylor Heirs Survey, Danbury Township, Stokes County, N.C., by Grinski Surveying Company, dated June 1985, and filed in the State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 143B‑135.54.



b.         The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing 1.53 acres as shown on the survey entitled Plat of Survey for NC Division of Parks and Recreation showing Camp Sertoma Tracts' by C.E Robertson and Associates, PC, revised April 6, 2016. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Hanging Rock State Park or sell and use the proceeds for that purpose. The State of North Carolina may not otherwise sell or exchange this land.



c.         The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 368, Page 415, and containing 2,800 square feet as shown on the survey prepared by Norman T. Scott entitled Survey For David Hoskins, dated May 20, 2020.



d.         The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, Yadkin Township, described in Deed Book 588, Page 727, and containing 0.155 acres as shown on the survey entitled Plat of Survey for the State of North Carolina Showing Proposed Boundary Line Agreement by C.E. Robertson and Associates, PC, dated March 14, 2023. The tract excluded from the State Nature and Historic Preserve under this sub‑subdivision is deleted from the State Parks System in accordance with G.S. 143B‑135.54.



(13)      Repealed by Session Laws 2022‑31, s. 1, effective June 30, 2022.



(14)      Repealed by Session Laws 2003‑234, s. 1, effective June 19, 2003.



(15)      All lands and waters within the boundaries of Jockey's Ridge State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of those certain tracts or parcels of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227, Page 501, and containing 33,901 square feet as shown on the survey prepared by Styons Surveying Services entitled Raw Water Well Site 13 Jockey's Ridge State Park dated March 7, 2001, and filed in the State Property Office.



b.         The portion of that certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726, and containing 42,909 square feet as shown on the survey prepared by Styons Surveying Services entitled Raw Water Well Site 14 Jockey's Ridge State Park dated March 7, 2001, and filed in the State Property Office.



c.         The portion of that certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed Book 224, Page 794, and containing 34,471 square feet as shown on the survey prepared by Styons Surveying Services entitled Raw Water Well Site 15 Jockey's Ridge State Park dated March 7, 2001, and filed in the State Property Office.



d.         The portion of those certain tracts or parcels of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 227, Page 501, and Deed Book 230, Page 525, and containing 12,655 square feet as shown on the preliminary plat entitled Easement Survey for Town of Nags Head prepared by Seaboard Surveying & Planning, Inc., dated August 29, 2012.



e.         The portion of that certain tract or parcel of property at Jockey's Ridge State Park in Dare County, described in Deed Book 222, Page 732, and Deed Book 227, Page 501, and containing 0.6 acres as shown in a survey by Timmons Group entitled Plat Showing a Proposed Dominion North Carolina Power Easement Across the Properties of the State of North Carolina (Jockey's Ridge State Park), dated December 18, 2014.



(16)      All lands and waters located within the boundaries of Mount Jefferson State Natural Area as of May 2, 2023. May 6, 2025. With respect to the communications tower site on the top of Mount Jefferson and located on that certain tract or parcel of land at Mount Jefferson State Natural Area in Ashe County, West Jefferson Township, described in Deed Book F‑3, Page 94, the State may provide space at the communications tower site to State public safety and emergency management agencies for the placement of antennas, repeaters, and other communications devices for public communications purposes. In conformance with G.S. 146‑29.2, the State may lease space at the communications tower site to local governments in Ashe County for the placement of antennas, repeaters, and other communications devices for public communications purposes. State agencies and local governments that are authorized to place communications devices at the communications tower site pursuant to this subdivision may also locate at or near the communications tower site communications equipment that is necessary for the proper operation of the communications devices. The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes.



(17)      All lands and waters within the Eno River State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear‑Brown entitled Recombination Plat Eno Forest Subdivision bearing the preparer's file name 00‑208‑07.dwg, and filed with State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



b.         The portion of that certain tract or parcel of land at Eno River State Park in Orange County, described in Deed Book 3878, Page 461, and Plat Book 98, Page 11, containing 5,313 square feet and required for the permanent easements for bridge replacement project B‑4216 on SR 1002 (St. Mary's Road), as shown in the drawing entitled Preliminary Plans, Project Reference No. B‑4216 prepared for North Carolina Department of Transportation by Mulkey Engineers and Consultants dated March 10, 2009, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



(18)      All land and waters within the boundaries of Hemlock Bluffs State Natural Area as of May 2, 2023, May 6, 2025, with the exception of the following tracts. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Hemlock Bluffs State Natural Area or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land. [The tracts are as follows:]



a.         The portion of that certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 2461, Page 037, containing 2,025 square feet and being the portion of this tract shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green sheet 1 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01‑37, dated 26 September 2003, and filed with the State Property Office.



b.         The portion of those certain tracts or parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square feet and being the portion of these tracts shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green sheet 3 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01‑37, dated 26 September 2003, and filed with the State Property Office.



c.         The portion of that certain tract or parcel of property in Wake County, described in Deed Book 3135, Page 937, and containing 14.4 acres as shown in a survey prepared by A. Roger Barnes (RLS) entitled Proposed Exchange of 14.4 Acres From the State of North Carolina to the Town of Cary, dated August 19, 1988.



(19)      All lands and waters within the boundaries of Lake James State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that certain tract or parcel of land at Lake James State Park containing 13.85 acres, and being 100 feet to the east and 150 feet to the west of a centerline shown on a survey by Witherspoon Surveying PLLC, dated February 9, 2007, and filed in the State Property Office. The State of North Carolina may grant a temporary easement to Duke Energy Corporation across this tract to facilitate the Catawba Dam Embankment Seismic Stability Improvements Project. The grant of the easement within Lake James State Park to Duke Energy Corporation under this sub‑subdivision constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of Lake James State Park or another State park. The State may not otherwise sell or exchange this land.



b.         The portion of that certain tract or parcel of land at Lake James State Park in McDowell County, Nebo Township, described in Deed Book 377, Page 423, and also shown as Tract B on the plat of survey prepared by Kenneth D. Suttles, RLS, dated December 4, 1987, entitled Lake James State Park, Sheet 1 of 2, recorded in Plat Book 4, Page 275 of the McDowell County Registry, for a 40‑foot right‑of‑way beginning at the southwest corner of Tract B and continuing along the southern boundary 86 38' 51 E for 400 feet to the now or former John D. Walker property. The State of North Carolina may grant an easement across this tract to extinguish prescriptive easements on Tract B to improve management of the State park property. The State may not otherwise sell or exchange this land. The easement excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 143B‑135.54.



c.         Repealed by Session Laws 2023‑70, s. 13, effective June 30, 2023.



(20)      All lands and waters within the boundaries of Lake Waccamaw State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portions of that certain tract or parcel of land at Lake Waccamaw State Park in Columbus County described in Deed Book 835, Page 590, containing 48,210 square feet and being the portion of this tract shown as new R/W and permanent utility easement on drawing prepared by State of North Carolina Department of Transportation entitled Map of Proposed Right of Way Property of State of North Carolina (Parks and Recreation) Columbus County for Tip B‑3830 on SR 1947 (Bella Coola Road) done by John E. Kaukola, PLS No. 3999 and compiled 1‑18‑2008, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lake Waccamaw State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



b.         The portions of that certain tract or parcel of land at Lake Waccamaw State Park in Columbus County, Bolton Township, described in Deed Book 231, Page 597, containing 56,440 square feet and being the portion of this tract shown as Option A and Proposed 20' Wide Utility easement on a drawing entitled Map for State of North Carolina and Town of Lake Waccamaw and filed with the State Property Office. The grant of the easement within Lake Waccamaw State Park to the Town of Lake Waccamaw under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes.



(21)      All lands and waters within the boundaries of Chimney Rock State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County being a portion of Parcel 2 as described in Deed Book 933, Page 598, containing 346 square feet and being shown as proposed right‑of‑way for bridge replacement project B‑4258 on U.S. 64 over the Broad River on drawing prepared by Kimley‑Horn and Associates for the North Carolina Department of Transportation and revised October 26, 2007, and filed with the State Property Office. The portion of that certain tract or parcel of land at Chimney Rock State Park in Polk County, Cooper Gap Township, Deed Book 393, Page 1402, containing 6.5 acres more or less and shown on the survey entitled Plat of Survey for The State of North Carolina prepared by Stacy Kent Rhodes dated May 15, 2014, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



b.         With respect to the communications tower site on Chimney Rock Mountain located on a portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County, Chimney Rock Township, described in Deed Book 933, Page 598, the State may provide space at the communications tower site to State public safety, emergency management, local governments in Rutherford County, and public television agencies for the placement of antennas, repeaters, and other communications devices for public communications purposes. State agencies and local governments that are authorized to place communications devices at or near the communications tower site pursuant to this subdivision may also locate at or near the communications tower site communications equipment necessary for the proper operation of the communications devices. The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2 of Chapter 143B of the General Statutes.



c.         Repealed by Session Laws 2022‑31, s. 1, effective June 30, 2022.



d.         The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County, Chimney Rock Township, being Parcel 2 as described in Deed Book 933, Page 598, containing 0.24 acres as shown on a survey prepared by Professional Surveying Services entitled Chimney Rock State Park, dated April 13, 2007. The tract excluded from the State Nature and Historic Preserve under this section is deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



e.         The parcels of land at Chimney Rock State Park in Henderson County, Edneyville Township, described in Deed Book 4140, Page 567, containing 0.06 acres, 0.22 acres, and 0.15 acres, more or less, as shown on a survey prepared by Kee Mapping & Surveying entitled A Boundary Survey for: North Carolina Division of Parks and Recreation, dated September 27, 2023. The tract excluded from the State Nature and Historic Preserve under this section is deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



f.          The portions of those parcels of land at Chimney Rock State Park in Henderson County, Edneyville Township, Polk County, Cooper Gap Township, and Rutherford County, Chimney Rock Township, described as Old Judes Gap Road on the plat entitled Plat of Survey For Kelton G. McCraw, William D. McCraw, et al. recorded in Rutherford County Plat Book 27, Page 228 and Henderson County Plat File 2021 Slide 13308, containing 251,803 square feet, more or less, and being a proposed 30‑foot wide permanent redundant route for AT&T interoffice fiber. The grant of the easement within Chimney Rock State Park to AT&T under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes.



(22)      All State‑owned land and waters within the boundaries of the Mountains‑to‑Sea Trail as of May 2, 2023, May 6, 2025, with the exception of the following tract: The portion of that certain tract or parcel in Johnston County described in Deed Book 3634, Page 278, containing 1.538 acres as shown as the proposed easement area for Piedmont Natural Gas Company transmission line on the drawing prepared by McKim & Creed entitled Easement Across The Land Of State of North Carolina, dated September 28, 2021, and revised October 6, 2021. The State of North Carolina may grant an easement to Piedmont Natural Gas Company across this tract to facilitate the transmission of natural gas. The grant of the easement within the Mountains‑to‑Sea Trail to Piedmont Natural Gas Company under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of the Mountains‑to‑Sea Trail or another State park. The State may not otherwise sell or exchange this land.



(23)      All State‑owned land and waters within the boundaries of Gorges State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Gorges State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land. [The tracts are as follows:]



a.         The portions of that certain tract or parcel of land in Transylvania County, described in Deed Book 267, Page 838, containing a total of 7.26 acres for the North Carolina Department of Transportation project TIP R‑2409C US 64 Safety Improvements. As shown on right‑of‑way drawing from the North Carolina Department of Transportation dated May 22, 2014, for TIP R‑2409C, Parcel 002, on file with the State Property Office.



b.         Repealed by Session Laws 2023‑70, s. 13, effective June 30, 2023.



(24)      All State‑owned land and waters within the boundaries of Lower Haw State Natural Area as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portion of that certain tract or parcels in Chatham County, described in Deed Book 1319, Page 1047, containing 12,501 square feet and shown on a survey entitled Recombination Survey for the North Carolina Division of Parks and Recreation and PK Ventures I LTD Partnership prepared by S.D. Puckett and Associates dated April 22, 2014, and on file with the State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lower Haw State Natural Area or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



b.         The portion of that certain tract or parcel of land at Lower Haw State Natural Area in Chatham County, Center Township, containing 1,658 square feet and shown on a survey prepared by TEP Engineering entitled Permanent Electrical Easement Exhibit, dated June 15, 2020. The State of North Carolina may grant an easement to Conterra Ultra Broadband across this tract to extend broadband services. The grant of the easement within Lower Haw State Natural Area to Conterra Ultra Broadband under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes.



(25)      All State‑owned land and waters within the boundaries of Lumber River State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts:



a.         The portions of those certain tracts or parcels of land in Robeson County, described in Deed Book 919, Page 862, Deed Book 1097, Page 837, Deed Book 935, Page 170, Deed Book 1125, Page 562, and Deed Book 1117, Page 680, containing a total of 3.39 acres for the North Carolina Department of Transportation secondary road project 6C.078030 SR 2245 (VC Britt Road) and shown on the survey entitled Survey of Tracts 1A and 1B, VC Britt Rd, Orrum NC prepared by the North Carolina Department of Transportation. The tracts excluded from the State Nature and Historic Preserve under this sub‑subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lumber River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



b.         The portions of that certain tract or parcel of property at Lumber River State Park in Robeson County, described in Deed Book 575, Page 523, and containing approximately 1.08 acre (Tract A) and 0.12 acre (Tract C) as shown in a survey by Jerry W. Lee entitled Survey for State of North Carolina dated June 28, 2016. The land described in this sub‑subdivision is deleted from the State Park System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lumber River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.



c.         The portion of those certain tracts or parcels of land at Lumber River State Park in Robeson County, Pembroke Township, described in Deed Book 575, Page 523 and Deed Book 931, Page 415 and containing a total of approximately 2.12 acres as shown in surveys prepared by McKim and Creed and labeled Drawing Number 2017‑041 and 2017‑042 dated April 24, 2017, and on file with the State Property Office.



d.         The portion of that certain tract or parcel of land at Lumber River State Park in Robeson County, described in Deed Book 1899, Page 479, containing 0.5 acres and being a 20‑foot wide easement beginning at N.C. 711 (Country Club Road) and extending in a southerly direction approximately 1,200 feet along the eastern boundary of the Elaine K. Leggett tract, as shown on a survey prepared by W.E. Stone Jr., entitled Map of Property in Raft Swamp TWP Robeson County N.C., Made For Estate of O.C. Norment, dated November 24, 1970. The tracts excluded from the State Nature and Historic Preserve under this sub‑subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54.



e.         The portions of that certain tract or parcel of land at Lumber River State Park in Robeson County, described in Deed Book 1134, Page 70, containing a total of 9,572.57 square feet for the North Carolina Department of Transportation Improvement Plan I‑6064A (Interstate‑95 Widening) and shown on the drawing prepared by ICE of Carolinas, PLLC, and filed in the State Property Office.



(26)      All State‑owned land and waters within the boundaries of Mitchells Millpond State Natural Area as of May 2, 2023, May 6, 2025, with the exception of the following tracts. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of the State Parks System or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land. [The tracts are as follows:]



a.         The portions of that certain tract or parcel in Wake County, described in Deed Book 2445, Page 62, containing approximately 0.215 acres as shown on the right‑of‑way plan for SR 2224 (Mitchell Mill Road) bridge No. 162 replacement project and on file with the State Property Office.



b.         The portion of that certain tract or parcel of property at Mitchell's Millpond State Natural Area in Wake County, described in Deed Book 4186, Page 756, and containing 0.08 acres as shown in a survey by the North Carolina Department of Transportation, Right‑of‑Way Branch, entitled State of North Carolina, Parcel 002, dated March 11, 2015.



(27)      All lands and waters within the boundaries of Carvers Creek State Park as of May 2, 2023, May 6, 2025, with the exception of the following tract: the portion of that certain tract or parcel of land at Carvers Creek State Park in Cumberland County, described in Deed Book 8466, Page 67, and containing 0.33 acres, more or less, as shown on the survey entitled Ingress‑Egress Easement for Stone Mountain Farm, LLC & William C. Elliott, Estate & The State of North Carolina by George L. Lott, PLS, dated November 2013, and revised in May 2015 and filed with the State Property Office.



(28)      All lands and waters within the boundaries of Mayo River State Park as of May 2, 2023, May 6, 2025, with the exception of the following tracts, to tracts:



a.         To allow construction of an access bridge from a tract or parcel of land owned by the State of North Carolina over the Mayo River, which bridge shall be of sufficient width to allow emergency vehicle and State Park vehicle access for the purpose of addressing public safety issues and service vehicle access to monitor, maintain, repair, or replace the existing sewer line traversing portions of Mayo River State Park:



a.1.      The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1244, Page 1392, and containing 6.62 acres.



b.2.      The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1244, Page 1390, and containing 0.62 acres.



c.3.      The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2214, and containing 0.61 acres.



d.4.      The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2216, and containing 0.52 acres.



e.5.      The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2216, and containing 1.54 acres.



b.         The portion of that certain tract or parcel of land in Rockingham County, Mayo and Madison Townships, described in Deed Book 1552, Page 1261, and Deed Book 1518, Page 181, containing 0.394 acres, more or less, for the North Carolina Department of Transportation Improvement Plan BR‑0093 and shown on the drawing prepared by the North Carolina Department of Transportation, and on file with the State Property Office.



(29)      Certain tracts within and in the vicinity of the National Landmark Historic District of Bethania in Forsyth County containing approximately 189.84 acres, identified within the State Property Office file as those complexes designated as Bethania Walnut Bluffs and Historic Bethabara Park, and assigned to the Department of Natural and Cultural Resources as of May 2, 2023.May 6, 2025.



(30)      All lands and waters located within the boundaries of the Occoneechee Mountain State Natural Area as of May 2, 2023, May 6, 2025, with the exception of the following tract: the portion of that certain tract or parcel of land at Occoneechee Mountain State Natural Area in Orange County, Hillsborough Township, described in Deed Book 6638, Page 2222, and Deed Book 6638, Page 2227, containing 2,662.48 square feet for the North Carolina Department of Transportation Improvement Plan I‑3306A (Interstate‑40 Widening) and shown on the drawing prepared by HDR Engineering, Inc., of the Carolinas and filed in the State Property Office.



(31)      All lands and waters located within the boundaries of South Mountains State Park as of May 2, 2023, May 6, 2025, with the exception of the following tract: with respect to the communications tower site on Walkertop Mountain located on a portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 2654, Page 801, the State may provide space at the communications tower site for the placement of broadband infrastructure on State land. In conformance with G.S. 146‑29.2, the State shall allow the collocation, installation, and operation of equipment by a broadband provider on any existing structure owned by the State. The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes.



(32)      All State‑owned land and waters within the boundaries of the Fonta Flora State Trail as of May 6, 2025, with the exception of the following tract: the portion of that certain tract or parcel in McDowell County, Old Fort Township, described in Deed Book 1241, Page 916, containing 4,417 square feet, more or less, as shown as the access and maintenance easement on the survey prepared by Ed Holmes & Associates Land Surveyors, PA, entitled Relocated Access and Maintenance Easement For Slater Old Fort Properties, LLC Across The Property of State of North Carolina, dated March 27, 2025. The grant of the easement within the Fonta Flora State Trail under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 2 of Chapter 143B of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of the Fonta Flora State Trail or another State Park. The State may not otherwise sell or exchange this land.



 



EFFECTIVE DATE



SECTION 9.  Except as otherwise provided, this act is effective when it becomes law.