AN ACT to require the use of Plants and seeds NATIVE TO THE SOUTHEASTERN UNITED STATES, WITH A STRONG PREFERENCE FOR PLANTS NATIVE TO NORTH CAROLINA, IN STATE PARKS AND on state highways.

Whereas, native plants are an important part of North Carolina's natural heritage, history, and identity; and

Whereas, North Carolina's native plants are indigenous plants that have adapted over many years to our region and evolved to flourish in the unique geography, hydrology, and microclimates of our State; and

Whereas, North Carolina contains over 3,900 native plant species, making North Carolina one of the most diverse states for flora in the Southeast; and

Whereas, twenty‑six of those species are extremely rare and considered federally threatened or endangered; and

Whereas, native plants provide high‑quality food and shelter for North Carolina's native wildlife, including butterflies, bees, and other pollinators, both game and nongame species; and

Whereas, native plants support over 350 resident and migratory bird species in North Carolina, many of which are species of concern and face growing threats from climate change; and

Whereas, North Carolina's native plants and their derivatives have provided foods, medicines, and other products, from the origin of North Carolina's blueberry industry to American ginseng exports; and

Whereas, planting, cultivation, and preservation of native plants provide a natural link to wild land areas present and past, while presenting beauty and benefit and instilling a greater appreciation for North Carolina's natural heritage; Now, therefore,

The General Assembly of North Carolina enacts:

DEPARTMENT OF NATURAL AND CULTURAL RESOURCES SHALL REQUIRE THE USE OF PLANTS NATIVE TO THE SOUTHEASTERN UNITED STATES IN STATE PARKS

SECTION 1.  Article 2 of Chapter 143B of the General Statutes is amended by adding a new section to read:

§ 143B‑135.59.  State Parks System native plant requirement and preference.

In consultation with university system and community college horticulture programs and the North Carolina Forestry Association, the Department of Natural and Cultural Resources shall require the use of seeds and plants the U.S. Department of Agriculture has classified as native to a state or county in the Southeastern United States, including cultivars and varieties thereof that were not bred to have reduced reproductive structures, with a strong preference for plants the U.S. Department of Agriculture has classified as native to North Carolina, on all lands that are part of the State Parks System as defined in G.S. 143B‑135.44. Exempt from this requirement are (i) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, plantings for wildlife by the Wildlife Resources Commission, and zoos and (ii) nonnative turf grass. For purposes of this section, the Southeastern United States means the states of Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and the following counties in Florida: Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington.

DEPARTMENT OF TRANSPORTATION SHALL USE PLANTS NATIVE TO THE SOUTHEASTERN UNITED STATES IN HIGHWAY RIGHT‑OF‑WAY

SECTION 2.  G.S. 136‑18(9) reads as rewritten:

(9)      To employ appropriate means for properly selecting, planting, and protecting acceptable trees, shrubs, vines, grasses, or legumes In consultation with university system and community college horticulture programs and the North Carolina Forestry Association, the Department shall use seeds and plants the U.S. Department of Agriculture has classified as native to a state or county in the Southeastern United States, including cultivars and varieties thereof that were not bred to have reduced reproductive structures, with a strong preference for plants the U.S. Department of Agriculture has classified as native to North Carolina, in the highway right‑of‑way in the promotion of erosion control, landscaping, and general protection of the highways; highways, except that the Department may use (i) nonnative grasses, plants, and seeds for the purpose of soil and slope stabilization for erosion control and (ii) nonnative turf grasses. For purposes of this subdivision, the Southeastern United States means the states of Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and the following counties in Florida: Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington. The Department shall also have the power to acquire by gift or otherwise land for and to construct, operate, and maintain roadside parks, picnic areas, picnic tables, scenic overlooks, and other appropriate turnouts for the safety and convenience of highway users; and to cooperate with municipal or county authorities, federal agencies, civic bodies, and individuals in the furtherance of those objectives. For purposes of this subdivision, the term acceptable means plants the Department of Transportation determines will maintain a stable and aesthetic roadside, with a strong preference for using plants the U.S. Department of Agriculture has classified as native to North Carolina. None of the roadside parks, picnic areas, picnic tables, scenic overlooks, or other turnouts, or any part of the highway right‑of‑way shall be used for commercial purposes except for any of the following:

a.         Materials displayed in welcome centers in accordance with G.S. 136‑89.56.

b.         Vending machines permitted by the Department of Transportation and placed by the Division of Services for the Blind of the Department of Health and Human Services, as the State licensing agency designated pursuant to Section 2(a)(5) of the Randolph‑Sheppard Act (20 U.S.C. 107a(a)(5)). The Department of Transportation shall regulate the placing of the vending machines in highway rest areas and shall regulate the articles to be dispensed.

c.         Activities permitted by a local government pursuant to an ordinance meeting the requirements of G.S. 136‑27.4.

Every other use or attempted use of any of these areas for commercial purposes constitutes a Class 1 misdemeanor, and each day's use constitutes a separate offense.

EFFECTIVE DATE

SECTION 3.  This act becomes effective December 31, 2024, and applies to contracts entered into on or after that date.