FILED SENATE
Mar 15, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 318
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15142-MW-11
Short Title: Native Plants Act. (Public)
Sponsors: Senator Rabon (Primary Sponsor).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REQUIRE THE USE OF NATIVE NORTH CAROLINA PLANTS AND SEEDS
3 ON STATE PROPERTY AND HIGHWAYS AND ON LOCAL PROJECTS THAT USE
4 STATE FUNDS FOR LANDSCAPING.
5 Whereas, native plants are an important part of North Carolina's natural heritage,
6 history, and identity; and
7 Whereas, North Carolina's native plants are indigenous plants that have adapted over
8 many years to our region and evolved to flourish in the unique geography, hydrology, and
9 microclimates of our State; and
10 Whereas, North Carolina contains over 3,900 native plant species, making North
11 Carolina one of the most diverse states for flora in the Southeast; and
12 Whereas, 26 of those species are extremely rare and considered federally threatened
13 or endangered; and
14 Whereas, native plants provide high-quality food and shelter for North Carolina's
15 native wildlife, including butterflies, bees, and other pollinators, both game and nongame
16 species; and
17 Whereas, native plants support over 350 resident and migratory bird species in North
18 Carolina, many of which are species of concern and face growing threats from climate change;
19 and
20 Whereas, North Carolina's native plants and their derivatives have provided foods,
21 medicines, and other products, from the origin of North Carolina's blueberry industry to
22 American ginseng exports; and
23 Whereas, gardens and landscapes composed of North Carolina's native plants require
24 little or no fertilizers, soil amendments, or pesticides and use less water; and
25 Whereas, planting, cultivation, and preservation of the State's native plants provide a
26 natural link to wild land areas present and past, while presenting beauty and benefit and instilling
27 a greater appreciation for North Carolina's natural heritage; Now, therefore,
28 The General Assembly of North Carolina enacts:
29
30 DEPARTMENT OF ADMINISTRATION SHALL REQUIRE THE USE OF NORTH
31 CAROLINA PLANTS ON STATE PROPERTY
32 SECTION 1. G.S. 143-341 is amended by adding a new subdivision to read:
33 "(14) In consultation with university system and community college horticulture
34 programs and the North Carolina Forestry Association, the Department of
35 Administration shall require the use of seeds and plants the U.S. Department
36 of Agriculture has classified as native to North Carolina on all land owned or
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 General Assembly Of North Carolina Session 2023
1 leased by the State or by any State agency. Exempt from this requirement are
2 (i) nonnative seeds and plants used in landscaping for locations where the
3 primary purpose is crop cultivation, crop and horticulture research, science,
4 botanical gardens, plantings for wildlife by the Wildlife Resources
5 Commission, and zoos and (ii) nonnative turf grass."
6
7 DEPARTMENT OF TRANSPORTATION SHALL USE NORTH CAROLINA PLANTS
8 IN HIGHWAY RIGHT-OF-WAY
9 SECTION 2. G.S. 136-18(9) reads as rewritten:
10 "(9) To employ appropriate means for properly selecting, planting, and protecting
11 acceptable trees, shrubs, vines, grasses, or legumes In consultation with
12 university system and community college horticulture programs and the North
13 Carolina Forestry Association, the Department shall use seeds and plants the
14 U.S. Department of Agriculture has classified as native to North Carolina in
15 the highway right-of-way in the promotion of erosion control, landscaping,
16 and general protection of the highways; highways, except that the Department
17 may use nonnative grasses and seeds for the purpose of soil and slope
18 stabilization for erosion control. The Department shall also have the power to
19 acquire by gift or otherwise land for and to construct, operate, and maintain
20 roadside parks, picnic areas, picnic tables, scenic overlooks, and other
21 appropriate turnouts for the safety and convenience of highway users; and to
22 cooperate with municipal or county authorities, federal agencies, civic bodies,
23 and individuals in the furtherance of those objectives. For purposes of this
24 subdivision, the term "acceptable" means plants the Department of
25 Transportation determines will maintain a stable and aesthetic roadside, with
26 a strong preference for using plants the U.S. Department of Agriculture has
27 classified as native to North Carolina. None of the roadside parks, picnic areas,
28 picnic tables, scenic overlooks, or other turnouts, or any part of the highway
29 right-of-way shall be used for commercial purposes except for any of the
30 following:
31 a. Materials displayed in welcome centers in accordance with
32 G.S. 136-89.56.
33 b. Vending machines permitted by the Department of Transportation and
34 placed by the Division of Services for the Blind of the Department of
35 Health and Human Services, as the State licensing agency designated
36 pursuant to Section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C.
37 107a(a)(5)). The Department of Transportation shall regulate the
38 placing of the vending machines in highway rest areas and shall
39 regulate the articles to be dispensed.
40 c. Activities permitted by a local government pursuant to an ordinance
41 meeting the requirements of G.S. 136-27.4.
42 Every other use or attempted use of any of these areas for commercial
43 purposes constitutes a Class 1 misdemeanor, and each day's use constitutes a
44 separate offense."
45
46 CITIES AND TOWNS SHALL USE NORTH CAROLINA PLANTS WHEN POWELL
47 BILL FUNDS ARE USED FOR LANDSCAPING
48 SECTION 3. G.S. 136-41.3(a) reads as rewritten:
49 "(a) Uses of Funds. – Except as otherwise provided in this subsection, the funds allocated
50 to cities and towns under the provisions of G.S. 136-41.1 and G.S. 136-41.2 shall be expended
51 by said cities and towns primarily for the resurfacing of streets within the corporate limits of the
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1 municipality but may also be used for the purposes of maintaining, repairing, constructing,
2 reconstructing or widening of any street or public thoroughfare including bridges, drainage, curb
3 and gutter, and other necessary appurtenances within the corporate limits of the municipality or
4 for meeting the municipality's proportionate share of assessments levied for such purposes, or for
5 the planning, construction and maintenance of bikeways, greenways, or sidewalks. Cities and
6 towns shall strongly prefer the use of use seeds and plants the U.S. Department of Agriculture
7 has classified as native to North Carolina when the use of funds under this subsection includes
8 landscaping. The funds allocated to cities and towns under the provisions of G.S. 136-41.1 and
9 G.S. 136-41.2 shall not be expended for the construction of a sidewalk into which is built a
10 mailbox, utility pole, fire hydrant, or other similar obstruction that would impede the clear
11 passage of pedestrians on the sidewalk."
12
13 LOCAL PROJECTS FUNDED UNDER PARKS AND RECREATION TRUST FUND TO
14 USE NORTH CAROLINA PLANTS
15 SECTION 4. G.S. 143B-135.56(b)(2) reads as rewritten:
16 "(2) Thirty percent (30%) to provide matching funds to local governmental units
17 or public authorities as defined in G.S. 159-7 on a dollar-for-dollar basis for
18 local park and recreation purposes. The appraised value of land that is donated
19 to a local government unit or public authority may be applied to the matching
20 requirement of this subdivision. These funds shall be allocated by the North
21 Carolina Parks and Recreation Authority based on criteria patterned after the
22 Open Project Selection Process established for the Land and Water
23 Conservation Fund administered by the National Park Service of the United
24 States Department of the Interior. Except as provided below, the Authority
25 shall require that projects funded under this subdivision use seeds and plants
26 the U.S. Department of Agriculture has classified as native to North Carolina.
27 Exempt from this requirement are (i) nonnative seeds and plants used in
28 landscaping for locations where the primary purpose is crop cultivation, crop
29 and horticulture research, science, botanical gardens, and zoos and (ii)
30 nonnative turf grass."
31
32 EFFECTIVE DATE
33 SECTION 5. This act is effective when it becomes law.
DRS15142-MW-11 Page 3


Statutes affected:
Filed: 143-341, 136-18, 136-41.3, 143B-135.56
Edition 1: 143-341, 136-18, 136-41.3, 143B-135.56
Edition 2: 136-18