| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO CLARIFY THAT CERTAIN MAN -MADE DITCHES ARE NOT COVERED 2 |
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| 14 | 15 | | UNDER THE COASTAL AREA MANAGEMENT ACT. 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. G.S. 113A-103 is amended by adding a new subdivision to read: 5 |
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| 17 | 18 | | "(8a) "Man-made ditches" mean constructed, altered, or excavated features used to 6 |
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| 18 | 19 | | convey water, including but not limited to artificial ponds, culverts, canals, 7 |
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| 19 | 20 | | swales, storm channels, minor-drainage features, and roadside ditches." 8 |
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| 20 | 21 | | SECTION 2. G.S. 113A-113(b)(2) reads as rewritten: 9 |
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| 21 | 22 | | "(2) Estuarine waters, that is, all the water of the Atlantic Ocean within the 10 |
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| 22 | 23 | | boundary of North Carolina and all the waters of the bays, sounds, rivers, and 11 |
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| 23 | 24 | | tributaries tributaries, excluding man-made ditches under G.S. 113-103(8a), 12 |
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| 24 | 25 | | thereto seaward of the dividing line between coastal fishing waters and inland 13 |
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| 25 | 26 | | fishing waters, as set forth in the most recent official published agreement 14 |
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| 26 | 27 | | adopted by the Wildlife Resources Commission and the Department of 15 |
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| 27 | 28 | | Environmental Quality;" 16 |
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| 28 | 29 | | SECTION 3. G.S. 113A-113(b)(5) reads as rewritten: 17 |
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| 29 | 30 | | "(5) Areas such as waterways and lands under or flowed by tidal waters or 18 |
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| 30 | 31 | | navigable waters, excluding man-made ditches under G.S. 113-103(8a), to 19 |
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| 31 | 32 | | which the public may have rights of access or public trust rights, and areas 20 |
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| 32 | 33 | | which the State of North Carolina may be authorized to preserve, conserve, or 21 |
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| 33 | 34 | | protect under Article XIV, Sec. 5 of the North Carolina Constitution." 22 |
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| 34 | 35 | | SECTION 4. G.S. 113A-113 is amended by adding a new subsection to read: 23 |
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| 35 | 36 | | "(b1) The Commission may not designate as areas of environmental concern the following: 24 |
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| 36 | 37 | | (1) Man-made ditches under G.S. 113-103(8a)." 25 |
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| 37 | 38 | | SECTION 5. G.S. 113-229(n)(3) reads as rewritten: 26 |
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| 38 | 39 | | "(3) "Marshland" means any salt marsh or other marsh subject to regular or 27 |
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| 39 | 40 | | occasional flooding by tides, including wind tides (whether or not the 28 |
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| 40 | 41 | | tidewaters reach the marshland areas through natural or artificial 29 |
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| 41 | 42 | | watercourses), provided this shall not include hurricane or tropical storm tides. 30 |
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| 42 | 43 | | Salt marshland or other marsh shall be those areas upon which grow some, 31 |
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| 43 | 44 | | but not necessarily all, of the following salt marsh and marsh plant species: 32 |
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| 44 | 45 | | Smooth or salt water Cordgrass (Spartina alterniflora), Black Needlerush 33 |
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| 45 | 46 | | (Juncus roemerianus), Glasswort (Salicornia spp.), Salt Grass (Distichlis 34 |
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| 46 | 47 | | spicata), Sea Lavender (Limonium spp.), Bulrush (Scirpus spp.), Saw Grass 35 |
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