North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 505
	3	+	S D
	4	+	SENATE BILL DRS45273-MH-38
	5	+
5	6
6	7
7	8		Short Title: Address Abandoned and Derelict Vessels. (Public)
8	9		Sponsors: Senators Lee, Hanig, and Lazzara (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S505 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45273 -MH-38
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ADDRESS ABANDONED AND DERELICT VESSELS IN THE WATERS OF 2
14	15		THE STATE. 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		SECTION 1.(a) Subdivisions (1c), (1d), (1e), and (1f) of G.S. 75A-2 are recodified 5
17	18		as subdivisions (1e), (1f), (1g), and (1h) of that section. 6
18	19		SECTION 1.(b) G.S. 75A-2, as amended by subsection (a) of this section, reads as 7
19	20		rewritten: 8
20	21		"§ 75A-2. Definitions. 9
21	22		As used in this Chapter, unless the context clearly requires a different meaning: 10
22	23		(1) "Abandoned vessel" or "to abandon a vessel" means a the vessel that (i) is left 11
23	24		moored, anchored, or otherwise located for more than 30 consecutive days on 12
24	25		public lands, submerged lands, or waters of the State or on private property 13
25	26		without written permission of the owner of the property where the vessel is 14
26	27		moored, anchored, or otherwise located as set forth in Article 5 of this Chapter 15
27	28		and (ii) has been relinquished, left, or given up by the lawful owner without 16
28	29		the intention to later resume any right or interest in the vessel. The term does 17
29	30		not include a vessel that is left by an owner or agent of the owner with any 18
30	31		person or business for the purpose of storage, maintenance, or repair and that 19
31	32		is not subsequently reclaimed. 20
32	33		… 21
33	34		(1c) "Days" means calendar days where the term is used for a computation of time. 22
34	35		(1d) "Derelict vessel" means a vessel (i) left unattended and (ii) in a wrecked, 23
35	36		junked, listing, sinking, inoperable, or dismantled condition or otherwise in 24
36	37		significant disrepair or grounded such that the condition may affect the 25
37	38		seaworthiness of the vessel or adversely affect the safety of the public or the 26
38	39		environment. 27
39	40		… 28
40	41		(4b) "Unattended" means that the owner or operator of the vessel is not aboard or 29
41	42		in the immediate vicinity of the vessel and has failed to respond to any posting 30
42	43		or citation left on the vessel by a law enforcement officer with jurisdiction 31
43	44		over the location of the vessel. 32
44	45		… 33
45	46		(5a) "Vessel emergency" means a condition, incident, or accident on a vessel that 34
46	47		requires the operators and passengers of the vessel to leave it unattended for 35
47		-	their own safety. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 505-First Edition
	48	+	their own safety. 36
	49	+	FILED SENATE
	50	+	Mar 25, 2025
	51	+	S.B. 505
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45273-MH-38
49	54		…." 1
50	55		SECTION 2. Chapter 75A of the General Statutes is amended by adding a new 2
51	56		Article to read: 3
52	57		"Article 5. 4
53	58		"Abandoned and Derelict Vessels. 5
54	59		"§ 75A-50. Authority. 6
55	60		(a) Scope. – This Article shall apply to all waters of this State and to public and private 7
56	61		land within the State. 8
57	62		(b) Powers of Law Enforcement Officers. – In addition to the enforcement powers set 9
58	63		forth in G.S. 75A-17, wildlife protectors, inspectors, or other cooperating law enforcement 10
59	64		officers with general enforcement jurisdiction and their contractors or agents engaged for the 11
60	65		activities authorized by this subsection are authorized to remove, relocate, cause to be removed 12
61	66		or relocated, or dispose of any abandoned or derelict vessel from waters of this State or from 13
62	67		public and private land as set forth in this Article. 14
63	68		(c) Powers of Commission. – The Commission may use staff, equipment, and material 15
64	69		under its control or provided by any cooperating federal or State agency or unit of local 16
65	70		government, may authorize or contract with any private agent or contractor it deems appropriate 17
66	71		for the activities authorized by subsection (b) of this section, and may authorize or contract with 18
67	72		any federal or State agency or unit of local government for the removal, relocation, storage, or 19
68	73		disposal of an abandoned or derelict vessel and restoration of the affected area. 20
69	74		(d) Limit on Liability. – The Commission, any cooperating law enforcement agency, or 21
70	75		any contractor or employee or agent of the Commission acting under authority granted by this 22
71	76		Article to remove, relocate, cause to be removed or relocated, or dispose of an abandoned or 23
72	77		derelict vessel from waters of the State, public land, or private land shall not be held liable in any 24
73	78		claim or action seeking damages for any damage to an abandoned or derelict vessel resulting 25
74	79		from such relocation or removal, unless the damage is a result of gross negligence or willful 26
75	80		misconduct. 27
76	81		(e) Relation to Existing Local Acts. – In cases of conflict between this Article and 28
77	82		provisions of existing local acts or local ordinances adopted under the authority set forth in 29
78	83		G.S. 160A-205.6 pertaining to the removal of abandoned or derelict vessels, this Article shall 30
79	84		prevail with respect to the powers and actions of the Commission and any contractors or partners 31
80	85		working for or with the Commission. 32
81	86		(f) Exception for Historic Shipwrecks. – This Article does not apply to shipwrecks, 33
82	87		vessels, cargoes, tackle, and underwater archaeological artifacts that have been in place on the 34
83	88		bottom of navigable waters of this State and unclaimed for more than 10 years, which are under 35
84	89		the ownership and custody of the State through the Department of Natural and Cultural Resources 36
85	90		(DNCR) pursuant to G.S. 121-22 and G.S. 121-23. Vessels under DNCR's custodial control as 37
86	91		described in this subsection shall therefore be salvaged only in accordance with Article 3 of 38
87	92		Chapter 121 of the General Statutes. 39
88	93		"§ 75A-52. Anchoring, docking, and mooring. 40
89	94		(a) Land Prohibition. – It is unlawful to dock, beach, or ground any vessel on public or 41
90	95		private land beyond the 30-day period described in G.S. 75A-54 without the permission of (i) the 42
91	96		Commission, another State agency, or local government with control of the public land or (ii) 43
92	97		with respect to private land, the landowner. 44
93	98		(b) Water Prohibition. – It is unlawful to anchor, moor, dock, leave adrift, or ground any 45
94	99		vessel in waters of the State for more than 10 days in any 30-day period, except at a private dock 46
95	100		or marina or attached to a mooring point installed under a permit issued by a State agency or 47
96	101		local government. 48
97	102		(c) Duty of Care. – The owner and operator of the vessel are jointly responsible for 49
98	103		securing their vessel to prevent the vessel, or any part of contents of the vessel, from damaging 50
99	104		public trust waters, associated or adjacent habitats, or the property of others, and persons with 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 505-First Edition~~ Page 3
	105	+	DRS45273-MH-38 Page 3
101	106		property damaged due to failure to meet the duty of care of this section may recover those 1
102	107		damages from the owner or operator of the vessel improperly secured. 2
103	108		(d) Deemed Allowed 10-Day Period. – For the first 10 days in any 30-day period that a 3
104	109		vessel is anchored, moored, docked, beached, aground, anchored, or adrift in waters of the State, 4
105	110		it shall be deemed to have written permission for provisioning, repairs, tourism, or recreational 5
106	111		use, unless such permission is revoked in writing for any of the following reasons: 6
107	112		(1) The vessel has dragged anchor or is moored in an unauthorized area or in a 7
108	113		marked channel. 8
109	114		(2) The vessel displays no evidence of current and valid State, federal, or foreign 9
110	115		registration, or when asked by the Commission, the owner or operator of the 10
111	116		vessel fails to present a current and valid registration or other official 11
112	117		documentation of ownership upon which he or she is named as the owner or 12
113	118		operator. 13
114	119		(e) Posting; Removal Authority. – The Commission shall post notice on vessels violating 14
115	120		the requirements of this section. If the owner or operator of the vessel fails to respond to the 15
116	121		notice or abate the violation within 10 days, then the Commission may relocate or remove the 16
117	122		vessel. 17
118	123		"§ 75A-54. Abandoned vessels. 18
119	124		(a) Prohibition. – It shall be unlawful to cause a vessel to become abandoned in waters 19
120	125		of the State or on public, private, or submerged land without permission of the property owner. 20
121	126		(b) Exception. – The prohibition of subsection (a) of this section does not apply to persons 21
122	127		who abandon a vessel due to a vessel emergency. Persons who abandon a vessel because of a 22
123	128		vessel emergency shall immediately notify the Commission or the United States Coast Guard 23
124	129		after the abandonment and must remove the vessel within 10 days of the reopening of the area 24
125	130		where the vessel is located to public access. 25
126	131		(c) Notice Required. – Upon identifying an abandoned vessel, the Commission shall post 26
127	132		a notice on board the vessel and shall attempt to notify the owner by certified mail or personal 27
128	133		delivery of notice using information provided to the registering State or federal agency during 28
129	134		official vessel registration. The notice shall include all of the following: 29
130	135		(1) For a mailed or delivered notice only, a description of the vessel and its current 30
131	136		location. 31
132	137		(2) That the vessel shall be removed from waters or land and the affected 32
133	138		environment of the area surrounding the vessel restored within 30 days of the 33
134	139		date the notice is posted aboard the vessel. 34
135	140		(3) That failure of the owner to meet the deadline for removal will result in the 35
136	141		vessel being deemed abandoned, subject the owner to civil or criminal 36
137	142		penalties, and that local governments with jurisdiction over the vessel or the 37
138	143		Commission may hold the owner or operator of the vessel responsible for all 38
139	144		costs associated with removal and disposition of the vessel and environmental 39
140	145		restoration of the affected area surrounding the vessel. 40
141	146		(d) Immediate Abatement Authorized. – When necessary, the Commission may act, 41
142	147		authorize, or join in action with other agencies to immediately determine and abate any unsafe 42
143	148		or environmentally hazardous conditions of abandoned vessels and, after expiration of the 30-day 43
144	149		notice period specified in subsection (c) of this section, to tow, relocate, remove, or dispose of 44
145	150		any vessel or take any other action reasonably necessary, and local governments with jurisdiction 45
146	151		over the vessel through an ordinance adopted under the authority set forth in G.S. 160A-205.6 or 46
147	152		the Commission may recover costs for these activities as provided in G.S. 75A-58. 47
148	153		(e) Exception for Declared Emergency. – In declared emergencies, the notification 48
149	154		requirement of subsection (d) above may be satisfied by telephone or email communication from 49
150	155		federal, State, or local agencies, and the 30-day deadline specified in subsection (c) of this section 50
151	156		shall be 15 days. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~Senate Bill 505-First Edition~~
	157	+	Page 4 DRS45273-MH-38
153	158		"§ 75A-56. Derelict vessels. 1
154	159		(a) Notice. – Upon identifying a derelict vessel, the Commission shall post a notice on 2
155	160		board the vessel and shall attempt to notify the owner by certified mail or personal delivery of 3
156	161		notice, using information provided to the registering State or federal agency during official vessel 4
157	162		registration. The notice shall include all of the following: 5
158	163		(1) The date the vessel was identified and the notice posted, mailed, or delivered. 6
159	164		(2) A description of the vessel. 7
160	165		(3) The current location of the vessel. 8
161	166		(4) All known issues or conditions that must be corrected to restore the 9
162	167		seaworthiness of the vessel. 10
163	168		(5) A directive that the owner (i) respond to the Commission within 10 days from 11
164	169		the date the notice is served with a written plan to correct the issues or 12
165	170		conditions identified, (ii) either correct the identified issues or conditions or 13
166	171		remove the vessel from waters of the State or from the public or private land 14
167	172		where it rests, and (iii) abate any environmental impacts in the area 15
168	173		surrounding the vessel within 30 days. 16
169	174		(6) That failure to meet the 30-day deadline will result in the vessel being deemed 17
170	175		abandoned and subject the owner to criminal penalties and liability for all 18
171	176		costs associated with removal and disposition of the vessel and abatement of 19
172	177		environmental impacts in the area surrounding the vessel. 20
173	178		(b) Extension. – The Commission may approve one written request from the owner for 21
174	179		an extension of the 15- or 30-day deadline for no more than an additional 30 days. 22
175	180		(c) Failure to Respond to Notice. – Failure of the owner to respond to the notice provided 23
176	181		for in subsection (a) of this section and to correct the issues or conditions or remove the vessel 24
177	182		from the waters of the State, public, or private lands within the deadline specified in the notice 25
178	183		shall cause the vessel to be deemed forfeited and disposed of pursuant to G.S. 75A-58. 26
179	184		"§ 75A-58. Disposition and disposal. 27
180	185		(a) Forfeiture. – An abandoned or derelict vessel, together with all cargo, tackle, and 28
181	186		equipment, that remains unclaimed or has not been otherwise brought into compliance 30 days 29
182	187		after the notices required by this Article shall be deemed forfeited. 30
183	188		(b) Removal Costs. – Local governments with jurisdiction over the vessel through an 31
184	189		ordinance adopted under the authority set forth in G.S. 160A-205.6, other State agencies 32
185	190		participating in activities authorized by this Article, the Commission, or authorized agents and 33
186	191		contractors may recover costs incurred by the State for towing, removal, and storage charges; 34
187	192		accrued civil fines; and environmental restoration costs related to the vessel. 35
188	193		(c) Disposal. – Any vessel, cargo, tackle, or equipment may be disposed of at any suitable 36
189	194		solid waste facility permitted for such waste." 37
190	195		SECTION 3. This act becomes effective July 1, 2025. 38