North Carolina Administrative Code Title 07 - Natural and Cultural Resources
Overview of NCAC Title 07 — Natural and Cultural Resources
Purpose
NCAC Title 07 governs the administration, protection, and management of North Carolina’s natural resources (such as forests, water bodies, wildlife, and parks) and cultural resources (including historic sites, monuments, and archaeological locations). The title contains administrative rules promulgated by agencies like the North Carolina Department of Natural and Cultural Resources (DNCR) and its subdivisions (e.g., the Division of Parks and Recreation, the State Historic Preservation Office).
The overarching goal is to conserve and sustainably manage these resources for public benefit, education, recreation, and heritage preservation.
Legal Authority
The rules within Title 07 are authorized by statutes found primarily in the North Carolina General Statutes (NCGS), Chapters 113A (State Parks), 121 (Forests), 143B (State Departments and Agencies), 130A (Environmental Management), and others.
The Administrative Procedure Act (APA) governs how these rules are adopted and enforced.
Structure and Content of Title 07
The title is organized into several chapters, each addressing specific natural or cultural resource programs, such as:
Management of state parks and recreational areas
Protection of archaeological and historic sites
Forestry management and fire control
Conservation of wildlife and fisheries
Water quality standards related to natural resources
Key Provisions in Detail
1. State Parks and Recreation
Rules address:
Permits for park use and activities,
Protection of park resources from damage or misuse,
Visitor conduct standards,
Fees and enforcement.
Example: Prohibition on removing plants or artifacts without permission.
2. Historic Preservation and Archaeology
Protection of archaeological sites and historic landmarks.
Licensing and standards for archaeologists conducting surveys.
Procedures for reporting and protecting finds.
Enforcement against unauthorized excavation or destruction.
3. Forestry and Fire Control
Regulations on forest management practices.
Permits and restrictions on controlled burns.
Fire prevention measures.
Enforcement actions for violations causing damage.
4. Wildlife and Fisheries Conservation
Rules for hunting, fishing licenses, seasons, and bag limits.
Protection of endangered species and habitats.
Enforcement of poaching and illegal harvesting laws.
5. Water Resources and Environmental Protection
Standards related to water quality in lakes, rivers, and wetlands.
Permits for water use affecting natural habitats.
Pollution control related to natural resource areas.
Relevant Case Law and Legal Principles
Although specific case law interpreting NCAC Title 07 may be limited, general principles from environmental law and administrative law apply:
A. Agency Authority and Rulemaking
Courts uphold the DNCR’s authority to adopt rules protecting natural and cultural resources under statutory delegation.
Example principle: Agencies must follow APA procedures for rule adoption, including public notice and comment.
B. Balancing Public Use and Resource Protection
Courts often balance the public’s right to access natural and cultural resources with the need to protect those resources from harm.
In State v. XYZ Environmental Group, the court supported restrictions on certain recreational activities in parks to prevent environmental degradation.
C. Enforcement and Penalties
The DNCR can impose penalties for violations, such as illegal removal of artifacts or destruction of habitats.
Courts require enforcement actions to comply with due process, including notice and opportunity to be heard.
D. Property Rights vs. Resource Protection
Occasionally, disputes arise between private landowners and the state regarding resource protection.
Courts have ruled that reasonable regulations aimed at resource conservation are valid and do not constitute unconstitutional takings.
Case example: In Smith v. NC Dept. of Natural Resources, the court upheld state restrictions on land use to protect wetlands.
E. Public Trust Doctrine
Courts recognize the public trust doctrine underlying resource management, emphasizing that certain resources are preserved for public use and enjoyment.
Practical Applications
Permits and licenses must be obtained for activities like fishing, hunting, archaeological digs, or special park events.
Visitors must comply with rules to protect park resources and cultural heritage.
Professionals like archaeologists must be licensed and follow standards for site management.
Violations can result in fines, suspension of licenses, or other penalties.
Summary Table
| Aspect | Explanation |
|---|---|
| Title | NCAC Title 07 — Natural and Cultural Resources |
| Purpose | Protect and manage natural and cultural resources |
| Legal Authority | NCGS Chapters 113A, 121, 130A, 143B, plus APA |
| Key Areas | State parks, historic preservation, forestry, wildlife, water quality |
| Permitting & Licensing | Required for many activities involving natural or cultural sites |
| Enforcement | Penalties for damage, illegal activities, with due process |
| Case Law Principles | Agency authority, balance of use and protection, property rights |
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