FILED SENATE
                                                                                       Mar 11, 2021
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                S.B. 279
                                     SESSION 2021           PRINCIPAL CLERK
     S                                                                   D
                              SENATE BILL DRS35117-LM-49
     Short Title:   Local Governments/Regulate Navigable Waters.                               (Local)
     Sponsors:      Senator Sanderson (Primary Sponsor).
     Referred to:
 1                                       A BILL TO BE ENTITLED
 2   AN ACT AUTHORIZING THE CITY OF NEW BERN AND THE TOWNS OF BRIDGETON,
 3       ORIENTAL, AND TRENT WOODS TO REGULATE NAVIGABLE WATERS WITHIN
 4       THEIR CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION.
 5   The General Assembly of North Carolina enacts:
 6               SECTION 1.(a) A municipality is empowered to make, adopt, and enforce
 7   ordinances for the navigable waters within its municipal limits as they presently exist and as the
 8   municipal limits may be extended by law in the future and within its extraterritorial jurisdiction
 9   as to:
10               (1)     Operation of boats and vessels, including restrictions concerning speed zones,
11                       no-wake zones, and types of activities conducted on the navigable waters
12                       within the municipal limits of the municipality.
13               (2)     Restrict the anchoring and mooring of boats and vessels as to location and
14                       generally to regulate the anchoring and mooring of vessels within the
15                       navigable waters within the municipal limits of the municipality.
16               (3)     Place and maintain channel aids and markers, anchoring aids and markers, and
17                       navigational aids and markers in conformity with the United States Aids to
18                       Navigation System and the rules of the Wildlife Resources Commission as
19                       adopted for use on the waters of North Carolina pursuant to G.S. 75A-15(c).
20               (4)     Make all reasonable rules and regulations as it deems necessary for the safe
21                       and proper use of the navigable waters within the municipal limits of the
22                       municipality for the occupants of boats, vessels, swimmers, and others using
23                       said navigable waters.
24               (5)     Provide for the enforcement of ordinances adopted under the authority of this
25                       act in accordance with G.S. 160A-175.
26               SECTION 1.(b) In the event of conflict between any local ordinance adopted under
27   the authority of this act and the rules or regulations of the Wildlife Resources Commission, the
28   Department of Environmental Quality, the United States Coast Guard, or the United States Army
29   Corps of Engineers, the State or federal rule or regulation shall supersede and prevail over the
30   local ordinance to the extent of the conflict.
31               SECTION 1.(c) Duly sworn law enforcement officers of the municipality shall have
32   the authority to enforce any local ordinances adopted under the authority of this act.
33               SECTION 1.(d) A municipality may appropriate funds to carry out the power and
34   authority granted by this act.
35               SECTION 2. This act applies to the City of New Bern and the Towns of Bridgeton,
36   Oriental, and Trent Woods only.
                                   *DRS35117-LM-49*
    General Assembly Of North Carolina                                   Session 2021
1            SECTION 3. This act is effective when it becomes law.
    Page 2                                                           DRS35117-LM-49