The
^fORTH CAROLINA
REGISTER
IN THIS ISSUE
IN ADDITION
Final Decision Letters
PROPOSED RULES
Electrical Contractors
Environment, Health, and Natural Resources
Geologists
Human Resources
Justice
Opticians
Transportation
RRC OBJECTIONS
RECEIVED
DEC 4 1992
LAW LIBRAiW
RULES INVALIDATED BY JUDICIAL DECISION
CONTESTED CASE DECISIONS
ISSUE DATE: December 1, 1992
Volume 7 • Issue 17 • Pages 1721 - 1828
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER TEMPORARY RULES
The North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.
The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars ($105.00) for 24 issues.
Individual issues may be purchased for eight dollars (S8.00).
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447.
Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 150B-21.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If
the Codifier determines that the findings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporary rule
must begin rule-making procedures on the permanent rule at the
same time the temporary rule is filed with the Codifier.
ADOPTION AMENDMENT, AND REPEAL OF
RULES
NORTH CAROLINA ADMINISTRATIVE CODE
The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule that
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.
When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearings (OAH).
A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).
Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.
The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.
The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (SO. 15) per each additional page.
(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
($750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.
Requests for pages of rules or volumes of the NCAC should be
directed to the Office of Administrative Hearings.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.
FOR INFORMATION CONTACT Office of
Administrative Hearings, ATTN: Rules Division, P.O.
Drawer 27447, Raleigh, North Carolina 27611-7447, (919)
733-2678.
NORTH
CAROLINA
REGISTER
Office of Administrative Hearings
P. O. Drawer 27447
Raleigh, North Carolina 27611-7447
(919) 733-2678
Julian Mann III,
Director
James R. Scarcella Sr..
Deputy Director
Molly Masich,
Director of APA Services
Staff:
Ruby Creech.
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
ISSUE CONTENTS
I. IN ADDITION
Final Decision Letters 1721
II. PROPOSED RULES
Environment, Health, and
Natural Resources
Health Services 1775
Wildlife Resources Commission . 1736
Human Resources
Medical Assistance 1723
Justice
N.C. Alarm Systems Licensing
Board 1732
Private Protective Services 1731
Licensing Boards
Electrical Contractors 1785
Geologists 1792
Opticians 1793
Transportation
Highways, Division of 1781
III. RRC OBJECTIONS 1795
IV. RULES ESTVALIDATED BY
JUDICIAL DECISION 1799
V. CONTESTED CASE DECISIONS
Index to AI_J Decisions 1800
Text of Selected Decisions
92 ABC 0574 1817
92 DST 0787 1821
VI. CUMULATIVE INDEX 1826
NORTH CAROLLNA REGISTER
Publication Schedule
(August 1992 - December 1993)
Last Day Earliest Earliest
for Elec- Date for Date for Last Day ^Earliest
Issue Last Day tronic Public Adoption to Submit Effective
Date for Filing Filing Hearing by Agency to RRC Date
08/03/92
:±: * * ?< rfole ak
07/13/92 07/20/92 08/18/92 09/02/92 09/20/92 11/02/92
08/14/92 07/24/92 07/31/92 08/29/92 09/13/92 09/20/92 11/02/92
09/01/92 08/11/92 08/18/92 09/16/92 10/01/92 10/20/92 12/01/92
09/15/92 08/25/92 09/01/92 09/30/92 10/15/92 10/20/92 12/01/92
10/01/92 09/10/92 09/17/92 10/16/92 10/31/92 11/20/92 01/04/93
10/15/92 09/24/92 10/01/92 10/30/92 11/14/92 11/20/92 01/04/93
11/02/92 10/12/92 10/19/92 11/17/92 12/02/92 12/20/92 02/01/93
11/16/92 10/23/92 10/30/92 12/01/92 12/16/92 12/20/92 02/01/93
12/01/92 11/06/92 11/13/92 12/16/92 12/31/92 01/20/93 03/01/93
12/15/92 11/24/92 12/01/92 12/30/92 01/14/93 01/20/93 03/01/93
01/04/93 12/09/92 12/16/92 01/19/93 02/03/93 02/20/93 04/01/93
01/15/93 12/22/92 12/31/92 01/30/93 02/14/93 02/20/93 04/01/93
02/01/93 01/08/93 01/15/93 02/16/93 03/03/93 03/20/93 05/03/93
02/15/93 01/25/93 02/01/93 03/02/93 03/17/93 03/20/93 05/03/93
03/01/93 02/08/93 02/15/93 03/16/93 03/31/93 04/20/93 06/01/93
03/15/93 02/22/93 03/01/93 03/30/93 04/14/93 04/20/93 06/01/93
04/01/93 03/11/93 03/18/93 04/16/93 05/01/93 05/20/93 07/01/93
04/15/93 03/24/93 03/31/93 04/30/93 05/15/93 05/20/93 07/01/93
05/03/93 04/12/93 04/19/93 05/18/93 06/02/93 06/20/93 08/02/93
05/14/93 04/23/93 04/30/93 05/29/93 06/13/93 06/20/93 08/02/93
06/01/93 05/10/93 05/17/93 06/16/93 07/01/93 07/20/93 09/01/93
06/15/93 05/24/93 06/01/93 06/30/93 07/15/93 07/20/93 09/01/03
07/01/93 06/10/93 06/17/93 07,16/93 07/31/93 08/20/93 10/01/93
07/15/93 06/23/93 06/30/93 07/30/93 08/14/93 08/20/93 10/01/93
08/02/93 07/12/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93
08/16/93 07/26/93 08/02/93 08/31/93 09/15/93 09/20/93 11/01/93
09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93
09/15/93 08/24/93 08/31/93 09/30/93 10/15/93 10/20/93 12/01/93
10/01/93 09/10/93 09/17/93 10/16/93 10/31/93 11/20/93 01/04/94
10/15/93 09/24/93 10/01/93 10/30/93 11/14/93 11/20/93 01/04/94
11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94
11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/01/94
12/01/93 11/05/93 11/15/93 12/16/93 i: 3i 93 01/20/94 03/01/94
12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94
* Tlie "Earliest Effective Date" is computed assuming that the agency follows the
publication schedule above, that the Rules Review Conunission approves the rule at
the next calendar month meeting after submission, and that RRC delivers the rule to
the Codifter of Rules five (5) business days before the 1st business day of the next
calendar month.
IN ADDITION
G.S. 120-30. 9H, effective July 16, 1986, requires that all letters and other documents issued by the
Attorney General of the United States in which a final decision is made concerning a "change affecting
voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina Register.
U.S. Department of Justice
Civil Rights Division
JRD:LLT:NT:mrj Voting Section
DJ 166-012-3 P.O. Box 66128
92-4319 Washington, D.C. 20035-6128
November 6, 1992
David A. Holec, Esq.
City Attorney
P. O. Box 1388
Lumberton, North Carolina 28359-1388
Dear Mr. Holec:
This refers to the annexation [Ordinance No. 1359 (1992)] to the City of Lumberton in Robeson
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act
of 1965, as amended, 42 U.S.C. 1973c. We received your submission on September 22, 1992.
The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28
C.F.R. 51.41).
Sincerely,
John R. Dunne
Assistant Attorney General
Civil Rights Division
By:
Steven H. Rosenbaum
Chief, Voting Section
7:17 NORTH CAROLINA REGISTER December 1, 1992 1721
IN ADDITIOX
(
U.S. Department of Justice
Civil Rights Division
JRD:GS:TGL:gmh Voting Section
DJ 166-012-3 P.O. Box 66128
92-4352 Washington. D.C. 20035-6128
November 9. 1992
Kenneth R. Hoyle, St., Esq.
Lee County Attorney
P. O. Box 1968
Sanford, North Carolina 27331-1968
Dear Mr. Hoyle:
This refers to the use of the optical scan method of voting in Lee County. North Carolina, submitted
to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.
1973c. We received your submission on September 22, 1992.
The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent
litigation to enjoin the enforcement of the change. In addition, as authorized by Section 5, we reserve the
right to reexamine this submission if additional information that would otherwise require an objection comes
to our attention during the remainder of the sixty-day review period. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Sincerely,
John R. Dunne
Assistant Attorney General
Civil Rights Division
By:
Steven H. Rosenbaum
Chief. Voting Section
I
(
1722 7:17 XORTH CAROLIXA REGISTER December 1, 1992
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to adopt rule cited as 10 NCAC
26B .0123, with changes from the proposed text
noticed in the Register, Volume 7, Issue 13, pages
1294-1295.
1 he proposed effective date of this action is
March 1, 1993.
IXeason for Proposed Action: Tins adoption will
allow Medicaid to pay for all components of the
drug therapies except for the drugs in a package
per diem rate. Tins single coverage designation
simplifies access to care for Medicaid recipients,
relieving the recipient and the attending physician
from having to contact multiple agencies to ar-range
care.
Ksomment Procedures: Written comments con-cerning
this adoption must he submitted by Janu-ary
1, 1993. to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, NC 27603 ATTN:
Clarence Ervin, APA Coordinator. Oral comments
may be presented at the hearing. In addition, a
fiscal impact statement is available upon written
request from the same address.
CHAPTER 26
MEDICAL ASSISTANCE
SUBCHAPTER 26B - MEDICAL
ASSISTANCE PROVIDED
chemotherapy;
(4) Intravenous antibiotic therapy;
(5) Pain management therapy, including
subcutaneous, epidural, intrathecal, and
intravenous pain management therapy.
(b) An agency must be a home care agency
licensed in North Carolina for the provision of
infusion nursing services to qualify for enrollment
as a HIT provider.
In addition to enrolled HIT providers, agencies
enrolled to provide durable medical equipment
may provide the supplies, equipment, and nutrient
formulae for enteral infusion therapy.
Authority G.S. 108A-25(b): 42 C.F.R. 440.230;
42 C.F.R. 440.260.
"> ^ -<. *7» --- '.< -i* $
ISotice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to adopt rule cited as 10 NCAC
26B .0124.
1 he proposed effective date of this action is
March 1, 1993.
1 he public hearing will be conducted at 1:30
p.m. on January' 4, 1993 at the North Carolina
Division of Medical Assistance, 1985 Umstead
Drive, Room 132, Raleigh, NC 27603.
ixeason for Proposed Action: This rule insures
that holders of CON who violate the CON agree-ment,
and who become certified, are not enrolled
in the Medicaid program.
SECTION .0100 - GENERAL
.0123 HOME INFUSION THERAPY
(a) Self-administered Home Infusion Therapy
(HIT) is covered when it \s medically necessary
and provided through an enrolled HIT agency as
prescribed by a physician. "Self-administered"
means that the patient or an unpaid primary
caregiver is capable, able, and willing to
administer the therapy following teaching and with
monitoring. The following therapies are included
jn this coverage when self-administered:
(1) Total parenteral nutrition;
(2) Enteral nutrition;
(3) I ntrathecal and intravenous
L^onunent Procedures: Written convnents con-cerning
this adoption must be submitted by Janu-ary
4, 1993, to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, NC 27603 ATTN:
Clarence Ervin , APA Coordinator. Oral comments
may be presented at the hearing. In addition, a
fiscal impact statement is available upon written
request from the same address.
SUBCHAPTER 26B - MEDICAL
ASSISTANCE PROVIDED
SECTION .0100 - GENERAL
7:17 NORTH CAROLINA REGISTER December 1, 1992 1723
PROPOSED RULES
.0124 INSTITUTIONAL HEALTH
SERVICES
No provider may be enrolled in the Medicaid
Program for services required under the Certificate
of Need Law unless those services meet the re-quirements
of G.S. 131E-190.
Statutory Authority G.S. 108A-25(b); 108A-54.
¥ * V ^i^c^t^e^c^c^c^^;^:^:^^:
l\ otice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to amend rules cited as 10
NCAC 50B .0311 and .0313.
Comment Procedures: Written comments con-cerning
this amendment must be submitted by
January 4, 1993. to: Division of Medical Assis-tance.
1985 Umstead Drive. Raleigh, NC 27603
ATTN: Clarence Ervin. APA Coordinator. Oral
comments may be presented at the hearing In
addition, a fiscal impact statement is available
upon written request from the same address.
CHAPTER 50 - MEDICAL
ASSISTANCE
SUBCHAPTER 50B - ELIGIBILITY
DETERMLNATION
SECTION .0300 - CONDITIONS
FOR ELIGIBILITY
1 he proposed effective date of this action is
March 1. 1993.
1 he public hearing will be conducted at 1:30
p.m. on January 4. 1993 at the North Carolina
Division of Medical Assistance, 1985 Umstead
Drive. Room 132, Raleigh. NC 27603.
Keason for Proposed Action:
10 NCAC 50B .0311: Amendment will revise rule
to incorporate rules for considering assets owned
b\ individuals who are incompetent.
10 NCAC 50B .0313: Rule needs to be revised to
correct an error. Tlie Rule currently addresses tax
refunds and then goes into the rules for Passalong
of Social Security benefits without introductory
statements. Tlie proposed amendment makes this
correction and adds:
- - the federally mandated passalong of Cost of
Living Adjustments (COLA 's ) for disabled wid-ows/
widowers who lost SSI benefits effective
January, 1984, as a result of the elimination of the
Actuarial Reduction Formula,
- - the passalong of COLA 's for categorically
needy M-AABD clients who would be eligible for
SSI if all RSDI COLA 's since they received SSI
and 'or State/County Special Assistance concurrent-ly
with RSDI were disregarded, and
- - the special RSDI passalong for disabled wid-ows
'widowers/surviving divorced spouses who are
not yet entitled to Medicare Part A.
.0311 RESERVE
North Carolina has elected the option under
Section 1902(f) of the Social Security Act to limit
Medicaid eligibility for the aged, blind or the
disabled to individuals who meet eligibility re-quirements
more restrictive than those under
Supplemental Security Income. Applicants for and
recipients of Medicaid shall use their own resourc-es
to meet their needs for living costs and medical
care to the extent that such resources can be made
available. Certain resources shall be protected to
meet specific needs such as burial and transporta-tion
and a limited amount of resources shall be
protected for emergencies.
( 1 ) The value of resources currently available
to any budget unit member shall be con-sidered
in determining financial eligibili-ty.
A resource shall be considered avail-able
when it is actually available and
when the budget unit member has a legal
interest in the resource and he. or some-one
acting in his behalf, can take any
necessary action to make it available.
(a) Resources shall be excluded in deter-mining
financial eligibility when the
budget unit member having a legal
interest in the resources |s incompetent
unless:
(i) A guardian of the estate, a general
guardian or an interim guardian has
been lawfully appointed and js able to
act on behalf of his ward in North
Carolina and in any state in which
such resources are located; or
(ii) A durable power of attorney, valid in
North Carolina and in any state jn
7 72-^ 7:77 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
which such resource is located, has
been granted to a person who is au-thorized
and able to exercise such
power.
(b) When there is a guardian, an interim
guardian, or a person holding a valid,
durable power of attorney for a budget
unit member, but such person js unable,
fails, or refuses to act promptly to
make the resources actually available to
meet the needs of the budget unit mem-ber,
a referral shall be made to the
county department of social services of
a determination of whether the guardian
or attorney in fact js acting jn the best
interests of the member and if not,
contact the clerk of court for interven-
(£)
ill
Hi)
tiii)
tion. The resources shall be excluded
[n determining financial eligibility
pending action by the clerk of court.
When a Medicaid application is filed on
behalf of an individual who:
is alleged to be mentally incompetent,
has or may have a legal interest in a
resource that affects the individual's
eligibility, and
does not have a representative with
legal authority to use or dispose of the
individual's resources, the individual's
representative or family member shall
be instructed to file within 30 calen-
>
m
dar days a judicial proceeding to
declare the individual incompetent and
appoint a guardian. If the representa-tive
or family member either fails to
file such a proceeding within 30
calendar days or fails to timely con-clude
the proceeding, a referral shall
be made to the services unit of the
county department of social services
for guardianship services. If the
allegation of incompetence |s support-ed
by a physician's certification or
other competent evidence from sourc-es
including but not limited to physi-cians,
nurses, social workers, psy-chologists,
relatives, friends or others
with knowledge of the condition of
the individual, the resources shall be
excluded except as provided in Sub-items
(l)(d) or (e) of this Rule.
The budget unit member's resources
shall be counted [n determining his
eligibility for Medicaid beginning the
first day of the month following the
month a guardian of the estate, general
guardian or interim guardian is appoint-ed,
provided that after the appointment,
property which cannot be disposed of
or used except by order of the couil
shall continue to be excluded until
completion of the applicable procedures
for disposition specified in Chapters l
or 35A of the North Carolina General
Statutes,
(e) When the court rules that the budget
unit member is competent or no ruling
is made because of the death or recov-ery
of the member, his resources shall
be counted except for periods of time
for which it can be established by com-petent
evidence from sources including
but not limited to physicians, nurses,
social workers, psychologists, relatives,
friends or others with knowledge of the
condition of the individual that the
member was in fact incompetent. Any
such showing of incompetence js sub-ject
to rebuttal by competent evidence
as specified herein and in Sub-item
(l)(c) of this Rule.
(2) The limitation of resources held for
reserve for the budget unit shall be as
follows:
(a) For Family and Children's related
categorically needy cases, one thousand
dollars ($1,000) per budget unit;
(b) For aged, blind or disabled cases and
Family and Children's related medically
needy cases, one thousand five hundred
dollars ($1,500) for a budget unit of
one person, two thousand two hundred
fifty dollars ($2,250) for a budget unit
of two persons and increases of one
hundred dollars ($100.00) for each
additional person in the budget unit
over two, not to exceed a total of three
thousand, fifty dollars ($3,050).
(3) If the value of countable resources of the
budget unit exceeds the reserve allowance
for the unit, the case shall be ineligible:
(a) For Family and Children's related cases
and aged, blind or disabled cases pro-tected
by grandfathered provisions, and
medically needy cases not protected by
grandfathered provision, eligibility shall
begin on the day countable resources
are reduced to allowable limits or ex-cess
income is spent down, whichever
occurs later;
7:17 NORTH CAROLINA REGISTER December 1, 1992 1725
PROPOSED RULES
(b) For categorically needy aged, blind or
disabled cases not protected by
grandfathered provisions, eligibility
shall begin no earlier than the month
countable resources are reduced to
allowable limits as of the first moment
of the first day of the month.
(4) Resources counted in the determination
of financial eligibility for categorically
needy and medically needy aid to the
aged, blind, or disabled cases protected
by grandfathered provisions are:
(a) Cash on hand;
(b) The current balance of savings
accounts, except savings of a student
saving his earnings for educational
purposes;
(c) The current balance of checking
accounts;
(d) Cash value of life insurance policies
when the total face value of all policies
that accrue cash value exceeds one
thousand five hundred dollars ($1,500);
(e) Equity in motor vehicles, including
motor homes, determined to be
non-essential according to Rule .0403
of this Subchapter;
(f) Equity in excess of one thousand
dollars ($1,000) in motor vehicles,
including motor homes, determined to
be essential according to Rule .0403 of
this Subchapter;
(g) Stocks, bonds, mutual fund shares,
certificates of deposit and other liquid
assets;
(h) Negotiable and salable promissory notes
and loans;
(i) Trust funds;
(j) The portion of lump sum payments
remaining after the month of receipt;
(k) Individual Retirement Accounts or other
retirement accounts or plans;
(1) Equity in real property not used as the
homesite or not producing an income;
(m) Value of burial spaces other than spaces
designated for the eligible individual,
the eligible individual's spouse, and the
eligible individual's immediate family
which includes the eligible individual's
minor and adult children, stepchildren,
and adopted children, brothers, sisters,
parents, adoptive parents, and the
spouses of those persons;
(n) Salable remainder interest in life-estate
property not used as the budget unit's
(a)
(b)
(c)
homesite;
(0) Patient accounts in long term care
facilities.
(5) Resources counted in the determination
of financial eligibility for aid to
categorically needy aged, blind or
disabled cases not protected by
grandfathered provisions are:
Cash on hand;
The balance of savings accounts, except
savings of a student saving his earnings
for educational purposes;
The balance of checking accounts less
the current monthly income which had
been deposited to meet the budget unit's
needs when reserve was verified or
lump sum income from
self-employment deposited to pay
annual expenses;
(d) Cash value of life insurance policies
when the total face value of all policies
that accrue cash value exceeds one
thousand five hundred dollars ($1,500);
(e) Trust funds;
(f) Stocks, bonds, mutual fund shares,
certificates of deposit and other liquid
assets;
(g) Negotiable and salable promissory notes
and loans;
(h) Revocable burial contracts and burial
trusts;
(i) The portion of lump sum payments
remaining after the month of receipt;
(j) Individual Retirement Accounts or other
retirement accounts or plans;
(k) Patient accounts in long term care
facilities;
(1) Equity in motor vehicles determined to
be non-essential under Rule .0403 of
this Subchapter or. if no motor vehicle
is excluded as essential, any equity in
excess of four thousand five hundred
dollars ($4,500) in a motor vehicle;
(m) Equity in real and/or personal property
when the combined equities is six
thousand dollars ($6,000) or less and
the property does not yield a net annual
income of at least six percent of the
equities;
(n) Equity in real and/or personal property
when the combined equities exceed six
thousand dollars ($6,000);
(o) Equity in personal property, subject to
(5) (m) and (n) of this Rule, is limited
to:
1726 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
(i) Mobile homes not used as homesite,
(ii) Boats, boat trailers and boat motors,
(iii) Campers,
(iv) Farm and business equipment;
(p) Equity in real property, subject to (5)
(m) and (n) of this Rule, is limited to:
(i) Value of burial spaces other than
spaces designated for the eligible
individual, the eligible individual's
spouse, and the eligible individual's
immediate family which includes the
eligible individual's minor and adult
children, stepchildren, and adopted
children, brothers, sisters, parents,
adoptive parents, and the spouses of
those persons;
(ii) Fee simple interest;
(iii) Salable remainder interest;
(iv) Tenancy by the entireties interest
only.
(6) Resources counted in the determination
of financial eligibility for aid to medically
needy aged, blind or disabled cases not
protected by grandfathered provisions
are:
Cash on hand;
The balance of savings accounts, except
savings of a student saving his earnings
for educational purposes;
The balance of checking accounts less
the current monthly income which had
been deposited to meet the budget unit's
needs when reserve was verified or
lump sum income from
self-employment deposited to pay
annual expenses;
Cash value of life insurance policies
when the total face value of all policies
that accrue cash value exceeds one
thousand dollars ($1,000);
Trust funds;
Stocks, bonds, mutual fund shares,
certificates of deposit and other liquid
assets;
(g) Negotiable and salable promissory notes
and loans;
(h) Revocable burial contracts and burial
trusts;
(i) The portion of lump sum payments
remaining after the month of receipt;
(j) Individual Retirement Accounts or other
retirement accounts or plans;
(k) Patient accounts in long term care
facilities;
(1) Equity in motor vehicles determined to
(a)
(b)
(c)
(d)
(e)
(f)
be non-essential under Rule .0403 of
this Subchapter or, if no motor vehicle
is excluded as essential, any equity in
excess of four thousand five hundred
dollars ($4,500) in a motor vehicle;
(m) Equity in real property and personal
property that does not produce a net
annual income;
(n) Equity in personal property, subject to
(6)(m) of this Rule, is limited to:
(i) Mobile homes not used as homesite,
(ii) Boats, boat trailers and boat motors,
(iii) Campers,
(iv) Farm and business equipment;
(o) Equity in real property, subject to
(6)(m) of this Rule, is limited to interest
in real estate other than that used as the
budget unit's homesite and includes:
(i) Fee simple interest,
(ii) Tenancy by the entireties interest
only,
(iii) Salable remainder interest,
(iv) Value of burial spaces other than
spaces designated for the eligible
individual, the eligible individual's
spouse, and the eligible individual's
immediate family which includes the
eligible individual's minor and adult
children, stepchildren, and adopted
children, brothers, sisters, parents,
adoptive parents, and the spouses of
those persons.
(7) Resources counted in the determination
of financial eligibility for categorically
needy Family and Children's related
cases are:
Cash on hand;
The balance of savings accounts,
including savings of a student saving
his earnings for school expenses:
The balance of checking accounts less
the current monthly income which had
been deposited to meet the budget unit's
monthly needs when reserve was
verified;
(d) The portion of lump sum payments
remaining after the month of receipt;
(e) Cash value of life insurance policies
owned by the budget unit;
(f) Revocable trust funds;
(g) Stocks, bonds, mutual fund shares,
certificates of deposit and other liquid
assets;
(h) Negotiable and salable promissory notes
and loans;
(a)
(hi
(c)
7:17 NORTH CAROLINA REGISTER December 1, 1992 1727
PROPOSED RULES
(0
0)
(k)
(1)
(i)
(ii)
(Hi)
(iv)
(v)
(vi)
(ml
(i)
(ii)
mi
(iv
181
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(ii
G)
Revocable pre-paid burial contracts;
Patient accounts in long term care
facilities;
Individual Retirement Accounts or other
retirement accounts or plans;
Equity in non-essential personal
property limited to:
Mobile homes not used as home.
Boats, boat trailers and boat motors.
Campers.
Farm and business equipment;
Equity in excess of one thousand five
hundred dollars ($1,500) in one motor
vehicle determined to be essential
under Rule .0403 of this Subchapter;
Equity in motor vehicles determined
to be non-essential under Rule .0403
of this Subchapter;
Equity in real property is limited to
interest in real estate other than that
used as the budget unit's homesite and
is limited to:
Fee simple interest.
Tenancy by the entireties interest
only.
Salable remainder interest.
Value of burial plots.
Resources counted in the determination
of financial eligibility for medically
needy Family and Children's related
cases are:
Cash on hand;
The balance of savings accounts,
including savings of a student saving
his earnings for school expenses;
The balance of checking accounts less
the currently monthly income which
had been deposited to meet the budget
unit's monthly needs when reserve was
verified or lump sum income from
self-employment deposited to pay
annual expenses;
Cash value of life insurance policies
when the total face value of all policies
that accrue cash value exceeds one
thousand five hundred dollars ($1,500);
Trust funds:
Stocks, bonds, mutual fund shares,
certificates of deposit and other liquid
assets;
Negotiable and salable promissory notes
and loans;
Revocable prepaid burial contracts;
Patient accounts in long term care facilities;
Individual Retirement Accounts or other
retirement accounts or plans;
(k) Equity in non-essential, non-income
producing personal property limited to:
(i) Mobile home not used as home,
(ii) Boats, boat trailers and boat motors,
(iii) Campers,
(iv) Farm and business equipment.
(v) Equity in motor vehicles determined
to be non-essential under Rule .0403
of this Subchapter:
(1) Equity in real property is limited to
interest in real estate other than that
used as the budget unit's homesite and
is limited to:
(i) Fee simple interest,
(ii) Tenancy by the entireties interest
only,
(iii) Salable remainder interest,
(iv) Value of burial plots.
Authority G.S. 108A-54; 108A-55: 108A-58; 42
U.S.C. 703. 704. 1396: 42 C.F.R. 435.121; 42
C.F.R. 435.210; 42 C.F.R. 435.711; 42 C.F.R.
435.712; 42 C.F.R. 435.734; 42 C.F.R. 435.823;
42 C F. R. 435. 840; 42 C F. R. 435. 841 ; 42 C F. R.
435.845; 42 C.F.R. 445.850; 42 C.F.R. 435.851;
45 C.F.R. 233.20; 45 C.F.R. 233.51.
.0313 INCOME
(a) Income from the following sources shall be
counted in the calculation of financial eligibility:
( 1 ) Unearned.
(A) RSDI.
(B) Veteran's Administration,
(C) Railroad Retirement.
(D) Pensions or retirement benefits.
(E) Workmen's Compensation,
(F) Unemployment Compensation,
(G) Support Payments.
(H) Contributions.
(I) Dividends or interest from stocks.
bonds, and other investments.
(J) Trust fund income.
(K) Private disability or employment
compensation.
(L) That portion of educational loans,
grants, and scholarships for
maintenance.
(M) Work release,
(N) Lump sum payments.
(O) Military allotments.
(P) Brown Lung Benefits,
(0) Black Lung Benefits.
(R) Trade Adjustment benefits.
1728 7:17 \ORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
(S) SSI when the client is in long term
care,
(T) VA Aid and Attendance when the
client is in long term care,
(U) Foster Care Board payments in excess
of state maximum rates for M-AF
clients who serve as foster parents,
(V) Income allocated from an
institutionalized spouse to the client
who is the community spouse as
stated in 42 U.S.C. 1396r-5(d),
(W) Income allowed from an
institutionalized spouse to the client
who is a dependent family member as
stated in 42 U.S.C. 1396r-5(d),
(X) Sheltered Workshop Income,
(Y) Loans if repayment of a loan and not
counted in reserve,
(Z) Income deemed to Family and
Children's clients.
(2) Earned Income.
(A) Income from wages, salaries, and
commissions,
(B) Farm Income,
(C) Small business income including
self-employment,
(D) Rental income,
(E) Income from roomers and boarders,
(F) Earned income of a child client who
is a part-time student and a full-time
employee.
(G) Supplemental payments in excess of
state maximum rates for Foster Care
Board payments paid by the county to
Family and Children's clients who
serve as foster parents,
(H) Earned income tax credits for the
Aged, Blind or Disabled only,
(I) VA Aid and Attendance paid to a
budget unit member who provides the
aid and attendance.
(3) Additional sources of income not listed
in (1) or (2) of this Rule will be
considered available unless specifically
excluded by (b) of this Rule, or by
regulation or law.
(b) Income from the following sources shall not
be counted in the calculation of financial
eligibility:
(1) Earned income of a child who is a
part-time student but is not a full-time
employee;
(2) Earned income of a child who is a
full-time student;
(3) Incentive payments and training
allowances made to WIN training
participants;
(4) Payments for supportive services or
reimbursement of out-of-pocket
expenses made to volunteers serving as
VISTA volunteers, foster grandparents,
senior health aides, senior companions.
Service Corps of Retired Executives,
Active Corps of Executives, Retired
Senior Volunteer Programs, Action
Cooperative Volunteer Program,
University Year for Action Program,
and other programs under Titles I, II,
and III of Public Law 93-113;
(5) Foster Care Board payments equal to or
below the state maximum rates for
Family and Children's clients who
serve as foster parents;
(6) Earnings of M-AABD clients who are
participating in ADAP (Adult
Developmental Activity Program)
training programs for a specified
period;
Income that is unpredictable, i.e.,
unplanned and arising only from time to
time. Examples include occasional
yard work, sporadic babysitting, etc.;
Relocation payments;
Value of the coupon allotment under
the Food Stamp Program;
Food (vegetables, dairy products, and
meat) grown by or given to a member
of the household. If home grown
produce is sold, count as earned
income;
(11) Benefits received from the Nutrition
Program for the Elderly;
(12) Food Assistance under the Child
Nutrition Act and National School
Lunch Act;
(13) Assistance provided in cash or in kind
under any governmental, civic, or
charitable organization whose purpose
is to provide social services or
vocational rehabilitation. This includes
V.R. incentive payments for training,
education and allowance for
dependents, grants for tuition, chore
services under Title XX of the Social
Security Act, VA aid and attendance or
aid to the home bound if the individual
is in a private living arrangement;
(14) Loans or grants such as the GI Bill,
civic, honorary and fraternal club
scholarships, loans, or scholarships
(7)
(8)
(9)
(10)
7:17 NORTH CAROLINA REGISTER December 1, 1992 1729
PROPOSED RULES
granted from private donations to the
college, etc., except for any portion
used or designated for maintenance;
(15) Loans, grants, or scholarships to
undergraduates for educational purposes
made or insured under any program
administered by the U.S. Department of
Education;
( 16) Benefits received under Title VII of the
Older Americans Act of 1965;
(17) Payments received under the
Experimental Housing Allowance
Program (EHAP);
(18) In-kind shelter and utility contributions
paid directly to the supplier. For
Family and Children*s cases, shelter,
utilities, or household furnishings made
available to the client at no cost;
(19) Food/clothing contributions in Family
and Children's cases (except for food
allowance for persons temporarily
absent in medical facilities up to 12
months);
(20) Income of a child under 21 in the
budget unit who is participating in
JTPA and is receiving as a child;
(21) Housing Improvement Grants approved
by the N.C. Commission of Indian
Affairs or funds distributed per capital
or held in trust for Indian tribe
members under P. L. 92-254. P.L.
93-134 or P.L. 94-540;
Payments to Indian tribe members as
permitted under P.L. 94-1 14;
Payments made by Medicare to a home
renal dialysis patient as medical
benefits;
SSI except for individuals in long term
care;
HUD Section 8 benefits when paid
directly to the supplier or jointly to the
supplier and client;
Benefits received by a client who is a
representative payee for another
individual who is incompetent or
incapable of handling his affairs. Such
benefits must be accounted for separate
from the payee's own income and
resources;
(27) Special one time payments such as
energy, weatherization assistance, or
disaster assistance that is not designated
as medical;
(28) The value of the U.S. Department of
Agriculture donated foods (surplus
(22)
(23)
(24)
(25)
(26)
(29)
(30)
(31)
o:
(33)
(34)
(35)
(36)
commodities);
Payments under the Alaska Native
Claims Settlement Act, Public Law
92-203;
Any payment received under Title II of
the Uniform Relocation Assistance and
Real Property Acquisition Policies Act
of 1970;
HUD Community Development Block
Grant funds received to finance the
renovation of a privately owned
residence;
Reimbursement for transportation
expenses incurred as a result of
participation in the Community Work
Experience Program or for use of
client's own vehicle to obtain medical
care or treatment;
Adoption assistance;
Incentive payments made to a client
participating in a vocational
rehabilitation program;
Title XX funds received to pay for
services rendered by another individual
or agency;
Any amount received as a refund of
taxes paid;:
fA->—F©f
—
M AABD—categorically—needy
client s who meet the criteria in (B)
below.—rite
—
amount—of increase—
m
RSD1 re s ult i ng from elimination of
flte
—
actuarial—reduction—factor—
calculating the amount of RSDI they
received -tfe —in January—1984 plu s
amount—ef—ftH—
s
ubsequent—RSDI
cost of living incroas This income
cease s—to—be
—
counted—ap—to
—
three
month s prior to the date the individual
applies—to
—
have—rt
—
net—counted.
ided he meets the critcric -m
below.
(-B} For the RSDI increases s pecified in
fA-)
—
above
net—to
—
hi—counted.—the
client mus t:
44avc lo s t SSI eligibilitv effective
January 1984 due to an RSDI
increase cau sed by elimination of
the actuarial reduction factor,
in) Would currently bo eligible for
SSI—if
the—increas e—m
—
RSDI
s pecified in (i) and all s ubsequent
RSDI co s t of living increas e s
were deducted, and
fiti-)
—
No later than June 30, 1987. have
applied to hav e these increases not
1730 7:17 XORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
counted,
(37) Any Cost of Living Allowance (COLA)
increase in the RSDI benefit for a
disabled widow or widower resulting
from the 1983 Actuarial Reduction
Formula (ARF) which caused the loss
of SSI effective January, 1984, for an
M-AA, M-AB, or M-AD client:
(A) Who received a disabled widow or
widower's benefit and SSI
simultaneously in 1983 as identified
by the Social Security Administration,
and
(B) Who lost SSI because of the
elimination of the ARF, and
(C) Who is not now eligible for SSI, and
(D) Who was between 50 and 59 years of
age in 1983, and
(E) Who applied for Medicaid no later
than June 30, 1988, and
(F) Who is classified as Categorically
Needy.
(38) Any Cost of Living Allowance (COLA)
increase m the RSDI benefit for a client
or his financially responsible spouse or
parent(s), who:
(A) Is classified as Categorically Needy
for the M-AA, M-AB, or MAD
programs, and
(B) Lost SSI or State/County Special
Assistance (S/C-SA) for any reason,
and
(C) Would currently be eligible for SSI or
S/C-SA if al] COLA's since he was
last eligible for and received RSDI
and SSI or S/C-SA concurrently were
disregarded.
(39) The RSDI benefit for a client who:
(A) Is a disabled widow or widower or
surviving divorced spouse, and
(B) Received SSI for the month prior to
the month he began receiving RSDI.
and
(C) Would continue to be eligible for SSI
if the RSDI benefit were not counted,
and
(D) Is not entitled to a Medicare Part A.
(c) Verification of the receipt and amount of the
income shall be made through documentary
evidence provided by the client or from the source
of the income.
(d) Income levels for purposes of establishing
financial eligibility are those amounts approved by
the N.C. General Assembly and stated in the
Appropriations Act for categorically needy and
medically needy classifications, except for the
following:
( 1 ) The income level shall be reduced by
one-third when an aged, blind or
disabled individual lives in the
household of another person and does
not pay his proportionate share of
household expenses. The one-third
reduction shall not apply to children
under nineteen years of age who live in
the home of their parents;
(2) An individual living in a long term care
facility or other medical institution shall
be allowed a thirty dollar ($30.00)
income level, and a couple in the same
room in a long term care facility shall
be allowed a sixty dollar ($60.00)
income level;
(3) Individuals who are in a long term care
facility for a temporary period of six
months or less shall be allowed the
income level provided by statute in
addition to the thirty dollar ($30.00)
level.
Authority G.S. 108A-25(b); 108A-61; 42 C.F.R.
435. 135; 42 C.F.R. 435. 731; 42 C.F.R. 435. 732;
42 C.F.R. 435. 733; 42 C.F.R. 435.811; 42 C.F.R.
435.812; 42 C.F.R. 435.831; 42 C.F.R. 435.832;
42 C F. R. 435. 1007; 45 C F. R. 233. 20; 42 U. S. C
1383c(b); 42 U.S. C. 1383c(d); P.L. 99-272;
Section 12202.
TITLE 12 - DEPARTMENT OF JUSTICE
ISotice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Private Protec-tive
Services Board intends to adopt rule cited as
12 NCAC 7D .0205 and amend rule cited as 12
NCAC 7D .0809.
1 he proposed effective date of this action is
March 1. 1993.
1 he public hearing will be conducted at 11:00
a.m. on December 16. 1992 at the State Bureau
of Investigation Conference Room. 3320 Old
Garner Road, Raleigh. NC 27626.
Keason for Proposed Actions:
7:17 NORTH CAROLINA REGISTER December 1, 1992 1731
PROPOSED RULES
12 NCAC 7D .0205 - Requires a firm, association
,
or corporation which is engaging in or will be
engaging in the private protective services profes-sion
to obtain a corporate business license.
12 NCAC 7D .0809 - Permits the use of any
standard automatic pistol of354 caliber or higher.
Lsomment Procedures: Interested persons may
present their views either orally or in writing at
the hearing. In addition, the record of hearing
will be open for receipt of written comments until
December 31. 1992. Written comments may be
delivered to or mailed to: James Kirk. Private
Protective Services Board. 3320 Old Garner Road,
P.O. Box 29500. Raleigh. NC 27626.
CHAPTER 12 - PRIVATE PROTECTIVE
SERVICES
SUBCHAPTER 7D - PRIVATE
PROTECTIVE SERVICES BOARD
SECTION .0200 - LICENSES:TRAINEE
PERMITS
.0205 CORPORATE BUSINESS LICENSE
(a) Any firm, association, or corporation re-quired
to be licensed pursuant to G.S. 74C-2(a)
shall submit an application for a corporate business
license on a form provided by the Board. This
application for license shall call for such informa-tion
as the firm, association, or corporation name;
the address of its principal office within the State;
any past conviction for criminal offenses of any
corporate director, officer, or shareholder who
owns 10 percent or more of the outstanding shares
of any class of stock; information concerning the
past revocation, suspension or denial of a business
or professional license to any director, officer, or
shareholder who owns ten percent or more of the
outstanding shares of any class of stock; a Hst of
all directors and officers of the firm, association,
or corporation; a Hst of all persons, firms, associa-tions,
corporations or other entities owning ten
percent or more of ffie outstanding shares of any
class of stock; and the name and address of the
qualifying agent.
(b) In addition to the items required in Para-graph
(a) of this Rule, a foreign corporation shall
further qualify by filing with its application for a
license, a copy of its certificate of authority to
transact business In this state issued by the North
Carolina Secretary of State in accordance with
G.S. 55-131 and a consent to service of process
and pleadings which shall be authenticated by its
corporate seal and accompanied by a duly certified
copy of the resolution of the board of directors
authorizing the proper officer or officers to exe-cute
said consent.
(c) After filing a completed written application
with the Board, the Board shall conduct a back-ground
investigation to ascertain if ffie qualifying
agent is in a management position. The Board
shall also determine if the directors, officers and
shareholders owning 10 percent or more in shares
have the requisite good moral character.
(d) Upon satisfactory completion of the back-ground
investigation, a corporate business license
may be issued. This license shall he conspicuously
displayed at the principle place of business within
the State of North Carolina.
(e) The corporate business license shall be
issued only to fhe corporation and shall not be
construed to extend to ffie licensing of its officers
and employees.
(f) The issuance of fhe corporate business
license is issued to fhe firm, association, or corpo-ration
in addition to the license issued to the
qualifyin g agent. There tore, the qualifying agent
for the firm, association, or corporation which has
been issued the corporate business license shall be
responsible for assuring compliance with G.S.
74C.
Statutory Authority G.S. 74C-2(a); 74C-5.
SECTION .0800 - ARMED SECURITY
GUARD FIREARM REGISTRATION
PERMIT
.0809 AUTHORIZED FIREARMS
Armed security officers are authorized, while in
the performance of official duties or traveling
directly to and from work, to carry a standard .38
caliber, .32 caliber or .357 caliber revolver,, or
any standard semi-automatic pistol of .354 caliber
and higher, or any standard 12 gauge shotgurh a as
long as the officer has completed the basic training
course on his respective duty weapon pursuant to
12 NCAC 7D .0807.
Statutory Authority G.S. 74C-5: 74C-13.
%%%%%%%%%ii:j\ijjzs-zjje$i$!:i-(:j}c
N<otice is hereby given in accordance with G.S.
1732 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
150B-21.2 that the North Carolina Alarm Systems
Licensing Board intends to amend rules cited as 12
NCAC 11 .0106, .0202, .0204, .0206, .0301,
.0303 and .0306.
P.O. Box 29500, Raleigh, NC 27626.
CHAPTER 11 - NORTH CAROLINA
ALARM SYSTEMS LICENSING BOARD
1 he proposed effective date of this action is
March 1. 1993.
1 he public hearing will be conducted at 11:00
a.m. on December 16, 1992 at the State Bureau of
Investigations Conference Room, 3320 Old Garner
Road, Raleigh, NC 27626-0500.
Reason for Proposed Actions:
12 NCAC 11 .0106 - Allow the Board to review
experience claimed by an applicant when he is not
in possession of a valid license or registration.
12 NCAC 11 .0202 - Establishes as a minimum
requirement that an applicant hold a license from
the Board of Electrical Contractors.
12 NCAC 11 .0204 - Requires license renewal
applications to be filed not less than 30 days
before the expiration of the license.
12 NCAC 11 .0206 - Requires a department or
division of a firm, association, or corporation to
notify the Board of specific employees of the
department or division within 5 days of employ-ment.
12 NCAC 11 .0301 - Places the responsibility on
the licensee to sign and submit a registration
application.
12 NCAC 11 .0303 - Allows the Board to consider
information outside a five year period when con-sidering
an applicant 's moral character.
12 NCAC 11 .0306 - Places the burden on the
licensee to provide the proper application forms to
registration applicants.
Comment Procedures: Interested persons may
present their views either in writing or orally at
the hearing. In addition, the record of hearing
will be open for receipt of written comments until
December 31 , 1992. Written comments must be
delivered to or mailed to: James F. Kirk, Alarm
Systems Licensing Board, 3320 Old Garner Road,
SECTION .0100 - ORGANIZATION AND
GENERAL PROVISIONS
. 1 06 DETERMINATION OF EXPERIENCE
(a) Experience requirements shall be determined
in the following manner: one year's experience =
1,000 hours;
fb) The Board s hall may not consider any
experience claimed by the applicant if gained while
not in possession of a valid license or registration
while such license was required by existing or
previously existing laws of the United States, any
State, or any political subdivision thereof.
Statutory Authority G.S. 74D-5.
SECTION .0200 - PROVISIONS FOR
LICENSEES
.0202 EXPERIENCE REQUIREMENTS FOR
LICENSE
(a) Applicants for an alarm system license must
meet the following minimum requirements which
are additional to those specified in G.S. Chapter
74D:
( 1
)
Establish to the Board's satisfaction two
years' experience within the past five
years in an alarm systems business as
defined in G.S. 74D-2(a); alarm sys-tems
installation and service or;
(2) Successfully pass an oral or written
examination deemed by the Board to
measure an individual's knowledge and
competence in the alarm systems busi-ness;
and
(3) Successfully complete Hold a license
for either the SP-LV. limited, interme-diate
or unlimited examination as ad-ministered
by the North Carolina Board
of Examiners of Electrical Contractors
and maintain said license at all times
while licensed by the Alarm Systems
Licensing Board.
(b) Any applicant who takes the examination
administered by the Board under 12 NCAC 11
.0202(a)(2) and who does not successfully com-plete
said examination after two attempts, must
wait six months before being allowed to take the
examination again.
(c) Applicants engaged exclusively in monitoring
7:17 NORTH CAROLINA REGISTER December 1, 1992 1733
PROPOSED RULES
or responding to alarms may be issued a limited
license which authorizes the performance of
monitoring and responding functions only. Appli-cants
for such a limited license shall not be re-quired
to meet the experience requirements of 12
NCAC Chapter 11 .0202(a).
Statutory Authority G.S. 74D-5.
.0204 RENEWAL OR RE-ISSUE OF
LICENSES
(a) Each applicant for a license renewal shall
complete a renewal form provided by the Board.
This form should be submitted to the administrator
not less than 30 days prior to expiration of the
applicant's current license and shall be accompa-nied
by:
( 1
)
two recent head and shoulders color
photographs of applicant of acceptable
quality for identification one inch by
one inch in size:
(2) statements of the result of a local crimi-nal
history records search by the
City County Identification Bureau or
Clerk of Superior Court in each county
where the applicant has resided within
the immediate preceding 12 months;
(3) the applicant's renewal fee: and
(4) proof of liability insurance pursuant to
G.S. Sec. 74D-9.
(b) Applications for renewal shall be submitted
not less than 30 days before the expiration date of
the license. In no event will renewal be granted
more than 90 days after the date of expiration of a
license. Renewals shall be dated on the next day
following expiration of the prior license.
(ci Applications for renewal submitted after the
expiration date of the license shall be accompanied
by the late renewal fee established by 12 NCAC
Chapter 1 1 .0203 and must be submitted not later
than 90 days after the expiration date of the li-cense.
id) The administrator shall approve or deny all
applications for renewal. Any denials will be
submitted to the Board for a final board decision.
Statutory Authority G.S. 74D-7.
.0206 RECORDS INSPECTION
(a) records of a licensee maintained to satisfy the
requirements of G.S. Chapter 74D or 12 NCAC
Chapter 1 1 shall be subject to inspection by the
administrator or his staff upon demand between
8:00 a.m. and 5:00 p.m. Monday through Friday.
(b) All licensees having registered employees
shall submit a copy of their current quarterly
Employment Security Commission NCUI 101-625
to the administrator's office at the same time the
form is submitted to the Employment Security
Commission; and an additional list of
non-Employment Security Commission employees
currently employed by the licensee with the dates
of employment. Those licensees who do not
submit an Employment Security Commission
NCUI 101-625 shall submit the names of their
employees on a form provided by the Board. The
licensee of a firm, association, or corporation that
license a department or division shall also submit
additional documentation as required by Paragraph
(c) of this Rule.
(cj If a department or division of a firm,
association, or corporation js licensed, then the
licensee must submit a list of all employees who
work with the department or division to the Board
prior to the issuance of the license. This list must
specifically indicate the employees that work with
the department or division and are listed on the
report required in Paragraph (b) of this Rule. If
the department or division hires a new employee,
the licensee must report the hiring within 5 days of
employment.
(d) fe-> All records required to be kept by either
Chapter 74D of the General Statutes of North
Carolina or by 12 NCAC 1 1 shall be retained for
at least three years.
Statutory Authority G.S. 74D-5.
SECTION .0300 - PROVISIONS FOR
REGISTRANTS
.0301 APPLICATION FORREGISTRVTION
lai Each employer or hi s des ignee licensee or
his appointed agent shall submit and sign an
application form for the registration of his employ-ee
on a form provided by the Board. This form,
when sent to the board, shall be accompanied by
a set of classifiable fingerprints on a standard
F.B.I, applicant card, two recent photographs of
acceptable quality for identification one inch by
one inch in size, statements of the results of a local
criminal history records search by the city-county
identification bureau or clerk of superior court in
each county where the applicant has resided within
the immediate preceding 48 months and the regis-tration
fee required by 12 NCAC Chapter 11
.0302.
lb) The employer of an applicant who is current-ly
registered with another alarm business, shall
complete an application form provided by the
1734 7:17 XORTH CAROLIXA REGISTER December 1, 1992
PROPOSED RULES
Board. This form shall be accompanied by the
applicant's multiple registration fee.
(c) The employer of each applicant for registra-tion
shall retain a copy of the applicant's applica-tion
in the individual applicant's personnel file in
the employer's office.
Statutory Authority G. S. 74D-5; 74D-8.
.0303 MINIMUM STANDARDS FOR
REGISTRATION
An applicant for registration must:
(1) be at least 18 years of age;
(2) be a citizen of the United States or a
resident alien; and
(3) be of good moral character and temperate
habits. Any of the following within the
las t five years shall be prima facie evi-dence
that the applicant does not have
good moral character or temperate habits:
conviction by any local, state, federal, or
military court of any crime involving the
illegal use, carrying, or possession of a
firearm; conviction of any crime involv-ing
the illegal use, possession, sale,
manufacture, distribution, or transporta-tion
of a controlled substance, drug,
narcotic, or alcoholic beverage, convic-tion
of a crime involving felonious as-sault
or an act of violence; conviction of
a crime involving unlawful breaking
and/or entering, burglary, larceny, any
offense involving moral turpitude; or a
history of addiction to alcohol or a nar-cotic
drug; provided that, for purposes of
(3) of this Rule, "conviction" means and
includes the entry of a plea of guilty,
plea of no contest, or a verdict of guilty;
(4) not have been declared by any court of
competent jurisdiction incompetent by
reason of mental disease or defect; or not
have voluntarily committed himself or
herself to an institution for treatment of
mental disease or defect; or not have
been involuntarily committed to an insti-tution
for treatment of mental disease or
defect by a district court judge. When an
individual has been treated and found to
have been restored by a psychiatrist, the
Board will consider this evidence and
determine whether the applicant meets
the requirements of this Paragraph.
.0306 RENEWAL OR REREGISTRATION
OF REGISTRATION
(a) Each applicant for renewal of a registration
identification card or his employer, shall complete
a form provided by the Board. This form should
be submitted not less than 30 days prior to expira-tion
of the applicant's current card and shall be
accompanied by:
( 1
)
two recent head and shoulders color
photographs of applicant of acceptable
quality for identification one inch by
one inch in size; and
(2) statements of the result of a local crimi-nal
history records search by the
City/County Bureau or Clerk of Superi-or
Court in each county where the
applicant has resided within the imme-diate
preceding 4-2 24 months; and
(3) the applicant's renewal fee.
(b) Each applicant for reregistration of a regi s
tration identification card, or hi s employer shall
complete a form provided by the Board. Each
licensee shall provide each applicant for registra-tion
or re-registration an application form provided
by the Board. This form shall be submitted to the
Board and accompanied by:
( 1
two recent head and shoulders photo-graphs
of applicant of acceptable quali-ty
for identification one inch by one
inch in size; and
(2) the applicant's reregistration fee.
(c) The employer of each applicant for a regis-tration
renewal or reregistration shall give the
applicant a copy of the application which will
serve as a record of application for renewal and
shall retain a copy of the applicant's renewal
application in the individual's personnel file in the
employer's office.
Statutory Authority G.S. 74D-7; 74D-8.
Statutory Authority G.S. 74D-5; 74D-8.
7:17 NORTH CAROLINA REGISTER December 1, 1992 1735
PROPOSED RULES
TITLE 15A - DEPARTMENT OF
ENVIRONMENT. HEALTH. AND
NATURAL RESOURCES
IVotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildife Resources
Commission intends to amend rules cited as 15A NCAC 10B .0203, .0209; IOC .0205, .0208. .0305; WD
.0002 - .0003; and adopt rule cited as 15A NCAC 1 OB .0219.
1 he proposed effective date of this action is July 1 . 1993.
1 he public hearings will be conducted at 7:00 p.m. on the following dates and locations:
January 25, 1993
District 9
Courthouse
Columbus. NC
January 26, 1993
District 8
Morganton Civic Center Auditorium
Morganton , NC
January 27, 1993
District 7
High School
Elian, NC
February 4, 1993
District 6
North Stanley High School
Albemarle, NC
February 2, 1993
District 5
Courthouse
Graham. NC
February 3. 1993
District 4
Courthouse
Elizabethtown , NC
February- 8, 1993
District 1
Swain Auditorium
Edenton. NC
February 9, 1993
District 2
Courthouse
New Bern, NC
1736 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
February 10, 1993
District 3
Courthouse
Nashville, NC
ixeasons for Proposed Actions:
15A NCAC 10B .0203 - Changes the seasons and hag limits for white-tailed deer in particular counties.
15A NCAC JOB .0209 - To open or close the turkey season in certain counties.
75/1 NCAC JOB .0219 - To open a hunting season without restriction for coyote.
15A NCA C IOC . 0205 - To include or exclude particular waters in the designations ofhatchery supported trout
water, wild trout water, catch and release water, and delayed harvest waters.
15A NCAC IOC .0208 - Changes the spawning area in which fishing is prohibited.
15A NCAC IOC .0305 - To change the seasons and/or creel limit of particular species offish in particular
bodies of water around the State.
15A NCAC 10D .0002 - Regulates the use of and activities on game lands.
15A NCAC 10D .0003 - Adds particular tracts of land to the game lands program, regulates activity on game
lands, including hunting seasons.
Comment Procedures: Interested persons may present their views either orally or in writing at the hearing.
In addition, the record of hearing will be open for receipt of written comments from December 1, 1992 to
February 10. 1993. Such written comments must be delivered or mailed to the N. C. Wildlife Resources
Convnission, 512 N. Salisbury Street, Raleigh, NC 27604-1 188.
CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY
SUBCHAPTER 10B - HUNTING AND TRAPPING
SECTION .0200 - HUNTING
.0203 DEER (WHITE-TAILED)
(a) Closed Season. AH counties and parts of counties not listed under the open seasons in Paragraph (b)
in this Rule are closed to deer hunting.
(b) Open Seasons (All Lawful Weapons)
(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as
distinguished from knobs or buttons covered by skin or velvet, may be taken during the following
seasons:
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties:
Beaufort Duplin Lenoir Pitt
Bertie Edgecom be Martin Richmond**
Bladen Franklin Nash Robeson
Brunswick Gates New Hanover Sampson
Camden Greene Northampton Scotland
Carteret Halifax Onslow Tyrrell
7:17 NORTH CAROLINA REGISTER December 1, 1992 1737
PROPOSED RULES
Chowan
Columbus'
Craven
Currituck
Dare
Hertford
Hoke
Hyde
Jones
Pamlico
Pasquotank
Pender
Perquimans
Vance
Warren
Washington
Wayne
Wilson
Cumberland: That part south of NC 24 or east of 1-95.
Harnett: That part west of NC 87.
Johnston: All of the county except that part south of US 70 and west of 1-95.
Moore**: All of the county except that part north of NC 21 1 and west of US 1.
Wake: That part north of 1-40.
^Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline.
**See 15A NCAC 10D .0003(e)(2) for seasons on Sandhills Game Land.
(B) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties
and parts of counties:
Alexander
Alleghany
Ashe
Catawba
Davie
Forsyth
Gaston
Iredell
Lincoln
Stokes
Surry
Watauga
Wilkes
Yadkin
(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties
and parts of counties:
Avery
Buncombe
Burke
Caldwell
Cherokee
Clay
Cleveland
Graham
Haywood
Henderson
Jackson
Macon
Madison
McDowel
Mitchell
Polk
Rutherford
Swain
Transylvania
Yancey
I
(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties:
Alamance
Anson
Cabarrus
Caswell
Chatham
Davidson
Durham
Granville
Guilford
Lee
Mecklenburg
Montgomery
Orange
Person
Randolph
Rockingham
Rowan
Stanly
Union
Cumberland: That part north of NC 24 and west of 1-95.
Harnett: That part east of NC 87.
Johnston: That part south of US 70 and west of 1-95.
Moore: That part north of NC 21 1 and west of US 1
.
Wake: That part south of 1-40.
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties
and portions of counties listed in this Subparagraph:
(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during
the period from the first Saturday in October to January 1 in those parts of Hyde. Tyrrell and
Washington Counties known as the Pocosin Lakes National Wildlife Refuge, in those parts of
Camden. Gates and Pasquotank Counties known as the Dismal Swamp National Wildlife Refuge,
and in that part of Currituck County known as the Mackay Island National Wildlife Refuge and
those parts of Anson and Richmond Counties known as Pee Dee National Wildlife Refuge.
(B) The open either-sex deer hunting dates established by the appropriate military commands during
the period from Monday on or nearest October 15 to Januarv 1 in that part of Brunswick County
known as the Sunny Point Military Ocean Terminal, in that part of Craven County known and
i
1738 7:17 XORTH CAROLIXA REGISTER December 1, 1992
PROPOSED RULES
marked as Cherry Point Marine Base, in that part of Onslow County known and marked as the
Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp Mackall Military
Reservation.
(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated
portion of Belews Creek Steam Station in Stokes County.
(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson,
Lincoln, Madison, Mitchell. Polk, Transylvania, and Yancey Counties and the following parts
of counties:
Avery: That part south of the Blue Ridge Parkway.
(E) Friday and Saturday of the week following Thanksgiving in all of Dare County and in the
following parts of counties:
Cabarrus: That part west of US 52 and south of a line formed by NC 49 from the Mecklenburg
County line to Mount Pleasant and east of SR 1006 from Mount Pleasant to the Rowan County
line.
Davidson: That part north of 1-85, except game lands.
Mecklenburg: That part north of US 74.
Rowan: That part west of US 52, except game lands.
Scotland: That part north of US 74, except game lands.
Union: That part south of US 74 and NC 75.
(F) Wednesday to Saturday of the week following Thanksgiving in all of Camden, Cumberland,
Greene, Pasquotank, Tyrrell, Wake, and Wilson Counties and in the following parts of counties:
Currituck: That part north and west of the Intracoastal Waterway.
Johnston: That part north of US 70 or west of 1-95.
Moore: All of the county, except on game lands.
Nnsh:—That part south of US 64 .
Perquimans: That part south of US 17 and east of Perquimans River.
Richmond: That part east of a line formed by US 220 from the Montgomery County line to
Rockingham and US 1 from Rockingham to the South Carolina line, except on game lands.
Stanly: That part west of US 52.
Tyrrell:—That part south of US 64 .
Washington: That part east of NC 32 and south of US 64.
Wayne: That part north of US 70.
(G) Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all of
Alamance, Caswell, Chatham, Franklin, Guilford, Lee, Orange, Person, Randolph, Rockingham,
ftftd Vance^ and Wake Counties and in the following parts of counties:
Anson:—All of the county except game lands.
Cabarrus: That part east of US 52.
Carteret: All of the county except game lands.
Chowan: That part north of US 17 and west of NC 32 .
Columbus: That part west of US 74, SR 1005. and SR 1 125.
Currituck: That part south and east of the Intracoastal Waterway, except the Outer Banks.
Davidson: That part south of 1-85, except on game lands.
Durham: All of the county except Butner-Falls of Neuse Game Land.
Edgecombe:—That pnrt south of US 64 .
Granville: All of the county except Butner-Falls of Neuse Game Land.
Johnston: That part south of US 70 and east of 1-95.
Lenoir: That part west of NC 1 1
.
Montgomery: All of the county except on game lands.
Nash: That part north south of US 64.
Richmond: That part west of a line formed by US 220 from the Montgomery County line to
Rockingham and LIS 1 from Rockingham to the South Carolina line.
Robeson: That part east of 1-95.
Rowan: That part east of US 52. except on game lands.
Stanly: That part east of US 52, except game lands.
Washington: That part west of NC 32 and south of US 64.
7:17 NORTH CAROLINA REGISTER December 1, 1992 1739
PROPOSED RULES
Wayne: That part south of US 70.
(H) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of
Buncombe County east of NC 191. south of the French Broad and Swannanoa Rivers, west of
US 25. and north of SR 3503. NC 280 and SR 3501
.
(I) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Edgecombe.
Hertford, Gates, Northampton. Pitt, and Warren Counties, and in the following parts of counties:
Anson: All of the county except game lands.
Beaufort: All of the county except game lands.
Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife
Refuge.
Bladen: All of the county except game lands.
Chowan: That part south of US 17 or east of NC 32 .
Columbus: That part east of a line formed by US 74. SR 1005. and SR 1 125.
Craven: All of the count)' except game lands.
Duplin: All of the county except game lands.
Edgecombe:—That part north of US 64 .
Halifax: All of the county except Roanoke River Wetlands.
Hyde: All of the county except game lands.
Jones: All of the county except game lands.
Lenoir: That part east of NC 1 1
.
Martin: All of the county except Roanoke River Wetlands.
Nash: That part north of US 64.
New Hanover: That part north of US 74.
Onslow: All of the county except game lands.
Pamlico: All of the county except game lands.
Pender: All of the county except game lands.
Perquimans: All of the county except that part that lies both south of US 17 and east of the
Perquimans River.
Sampson: That part south of NC 24.
(J) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of
Alexander. Davie. Iredell, Rutherford, Stokes, Surry, and Wilkes Counties.
(K) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of Alleghany.
Ashe, Burke, Caldwell. Cleveland. Forsyth, McDowell. Rutherford, Watauga, and Yadkin
Counties.
(L) In those counties or parts of counties listed in Paragraph (b) (2) (I), except on game lands, one
antlerless deer may be taken during that part of the regular gun season in which no other either
sex season is open and must be tagged with the antlerless only deer tag.
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by
permittees engaged in managed hunts conducted on game lands in accordance with 15A NCAC 10D
.0003(e)(4) and (5).
(c) Open Seasons (Bow and Arrow)
( 1 ) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag
limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow
during the following seasons:
(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts
of counties having the open season for male deer specified by Part (A) of Subparagraph (b)(1)
of this Rule, except on the Sandhills Game Land.
(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties
and parts of counties having the open seasons for male deer specified by Part (B) of Subparagraph
(b)(1) of this Rule.
(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest
October 15 to the Saturday before Thanksgiving in the counties and parts of counties having the
open seasons for male deer specified by Part (C) of Subparagraph (b)(1) of this Rule.
(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties
and parts of counties having the open season for male deer specified by Part (D) of Subparagraph
1740 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
(b)(1) of this Rule, and on Sandhills Game Land.
(2) Restrictions
(A) Dogs may not be used for hunting deer during the bow and arrow season.
(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow
deer hunting season.
(C) Only bows and arrows of the types authorized in 15A NCAC 10B .01 16 for taking deer may be
used during the bow and arrow deer hunting season.
(d) Open Seasons (Muzzle-Loading Rifles and Shotguns)
( 1
)
Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may
be taken only with muzzle-loading firearms during the following seasons:
(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of counties
having the open seasons for male deer specified by Items (A) and (C) of Subparagraph (b)(1) of
this Rule, except on Sandhills Game Land.
(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) of
this Rule.
(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts of
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of
this Rule, and on Sandhills Game Land.
(2) Restrictions
(A) Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts
of counties listed in Parts (A) and (D) of Subparagraph (b) (1) of this Rule and deer of either sex
may be taken on the last day of muzzle-loading firearms season in those counties or parts of
counties listed in Part (B) and (C) of Subparagraph (b) (1) of this Rule.
(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons.
(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons.
(e) Bag Limits: Daily, two; possession, five; one of which must be antlerless; season, five; one of which
must be antlerless. Antlerless deer include males with knobs or buttons covered by skin or velvet as
distinguished from spikes protruding through the skin.
(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC
10B .0113.
Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2.
.0209 WILD TURKEY (BEARDED TURKEYS ONLY)
(a) Open Season:
Second Saturday in April to Saturday of the fourth week thereafter on bearded turkeys in the
following counties: Alleghany, Ashe, Caswell, Cherokee, Clay. Durham, Graham, Granville,
Haywood, Henderson. Hyde, Jackson, Macon, Orange. Person, Polk, Rockingham, **Scotland,
Swain, Transylvania, Watauga, and in the following portions of counties:
Alamance: All of the county except that part south of 1-85 and west of NC 87.
Anson: That part east of US 52 and north of US 74 and that part east of NC 145 and south of US
74.
**Bertie: That part west of a line formed by NC 45 from the Hertford County line to Colerain, NC
42 to Powellsville, US 13 to US 17 South, US 17 South to SR 1500, SR 1500 to NC 308, and
NC 308 to the Washington County line.
^Bladen: That part south of NC- US 701 and east of a line formed by NC 210, NC 53, NC 87 or SR
1730.
Brunswick: That part north of US 74-76 or east of NC 133 .
Buncombe: All of the county except that part north and east of a boundary formed by US 19/23,
1-240, and 1-40.
Burke: That part north of 1-40 and west of NC 18 and NC 181 .
Carteret: That part west of US 70 and north of NC 24.
Chatham: That part north of US 64.
Chowan:—That part south of US 17.
7:77 NORTH CAROLINA REGISTER December 1, 1992 1741
PROPOSED RULES
Columbus: That part south of US 74 and west of NC 410 and that part north of NC 87.
Craven: That part west of US 70, and south of SR 1101 and that part north of the Neuse River,
south of a line formed by US 17 and US 17 Business, and east of a line formed by SR 1440
and SR 1441.
**HaIifax: That part north of NC 903 and east of 1-95.
Hertford: That part east of US 13.
Hoke: That part south and west of NC 211.
Jack son: That part south of US 74 except the portion bounded on the north by NC 281. on the wes t
by NC 107. and on the a outh by US 64 .
Johnston: That part south of US 70 and 1-95 and east of US 701.
Madison: All of the county except that part east of SR 1434 and NC 212, north of SR 1318, US
23 and SR 1503.
**Martin: That part north of a boundary formed by US 64 from the Washington County line to
Williamston, north of NC 125 from Williamston to the junction with NC 142, and north of NC
142 to the Edgecombe County line.
McDowell: That part north of US 70 and that part south of 1-40.
Mitchell: That part north and west of a boundary formed by NC 197. NC 226, and NC 261.
Montgomery: All of the county except that part north of NC 24/27 and east of NC 134.
**Moore: That part south of NC 211.
Northampton: That part south of a boundary formed by US 158 from the Halifax County line to
Jackson, NC 305 from Jackson to Rich Square. US 258 from Rich Square to NC 308, and
NC 308 to the Bertie County line.
Onslow: All of the county except that part east of a line formed by US 17, SR 1434 and SR 1442.
Pender: That part west of L'S 42 1
.
Perquimans :—That part south of US 17.
**Richmond: That All of the county except that part north south of US 74 and east of US j_.
Robeson: That part east of 1-95 and south of US 74.
Rutherford: That part west of US 221
.
Surry: That part west of 1-77.
Watauga:—That part north and eas t of US 321.
Wilkes: That part north of NC 268.
Yancey: That part north of US 49E J_9W and eas t and north of US 1 9W SR 1417 .
** The Sandhills Game Land in Richmond. Scotland, and Moore Counties^ the Bladen Lakes State Forest
Game Lands m Bladen County, and the Roanoke River Wetlands in Bertie, Halifax, and Martin Counties
are closed to turkey hunting except by holders of special permits authorizing turkey hunting. Such permits
are issued by authorized representatives of the Wildlife Resources Commission.
(b) Bag Limits: Daily, one; possession, two; season, two.
(c) Dogs Prohibited. It is unlawful to use dogs for hunting turkeys.
(d) Kill Reports. The carcass of each wild turkey shall be tagged and the kill reported as provided by 15A
NCAC 10B .0113.
Statutory Authority G.S. 113-134: 113-270.3; 113-276.1: 113-291.2.
.0219 COYOTE
(a) No closed season.
(b) Bag Limits: No restriction.
Statutory Authority G.S. 113-134; 113-291.2.
SUBCHAPTER IOC - INLAND FISHING REGULATIONS
SECTION .0200 - GENERAL REGULATIONS
.0205 PUBLIC MOUNTAIN TROUT WATERS
(a) Designation of Public Mountain Trout Waters. On game lands located in western North Carolina certain
1742 7:17 XORTH CAROLIXA REGISTER December 1, 1992
PROPOSED RULES
waters are designated as public mountain trout waters and classified as wild trout waters or hatchery supported
waters. For specific classifications see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. Other
streams, portions of streams, and bodies of water which are not located on game lands are designated within
this Rule as public mountain trout waters and are classified as hatchery supported trout waters or wild trout
waters. These waters are posted and lists thereof are filed with the clerks of superior court of the counties
in which they are located:
(1) Hatchery Supported Trout Waters. The hatchery supported public mountain trout waters are
designated in this Subparagraph under the counties where located. Where specific watercourses
are listed indentation indicates the watercourse named is tributary to the next preceding watercourse
named and not so indented. The designation applies to the entire watercourse or impoundment
named, including tributaries when on game lands, except as otherwise indicated in parentheses
following the name. Other clarifying information may also be included parenthetically:
(A) Alleghany County:
New River (not trout water)
Little River (Whitehead to McCann Dam)
Crab Creek
Brush Creek (except where posted against trespass)
Little Pine Creek
Big Pine Creek
Little Glade Creek
Laurel Branch
Big Glade Creek
Bledsoe Creek
Pine Swamp Creek
Waterfalls Creek (South Fork Little River)(except where posted against trespass)
South Fork New River (not trout water)
Prather Creek
Cranberry Creek
Piney Fork
Meadow Fork
Yadkin River (not trout water)
Roaring River (not trout water)
East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest
Waters regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule.
Stone Mountain Creek
(B) Ashe County:
New River (not trout waters)
North Fork New River (Watauga Co. line to Sharp Dam)
Helton Creek (Virginia State line to New River)
Big Horse Creek (SR 1361 bridge to Tuckerdale)
Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131)
Big Laurel Creek
Three Top Creek (portion not on game lands)
Hoskins Fork (Watauga County line to North Fork New River)
South Fork New River (not trout waters)
Cranberry Creek (Alleghany County line to South Fork New River)
Nathans Creek
Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters)
Trout Lake
Roan Creek
North Beaver Creek
South Beaver Creek (headwaters to Ashe Lake)
Pine Swamp Creek (all forks)
Old Fields Creek
Call Creek (West Prong Old Fields Creek)
7:17 NORTH CAROLINA REGISTER December 1, 1992 1743
PROPOSED RULES
Mill Creek (except where posted against trespass)
(C) Avery County:
Nolichucky River (not trout waters)
North Toe River (headwaters to Mitchell County line, except where posted against trespass)
Plumtree Creek
Roaring Creek
Squirrel Creek
Elk River (SR 1306 crossing to Tennessee State line)
Elk River (Lees-McRae College boundary line to NC 194 bridge at Heaton. except where posted
against trespass)
Catawba River (not trout water)
Johns River (not trout water)
Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a)
of this Rule]
Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of
Paragraph (a) of this Rule]
Gragg Prong
Webb Prong
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of
Paragraph (a) of this Rule]
Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of
Paragraph (a) of this Rule]
Boyde Coffey Lake
Archie Coffey Lake
Linville River (Sloop Dam to Blue Ridge Parkway boundary line)
Milltimber Creek
Linville River [Land Harbor line (below dam) to Ben Aldridge line, except Bob Miller
property]
(D) Buncombe County:
French Broad River (not trout water)
Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge)
Dillingham Creek (Corner Rock Creek to Big Ivy Creek)
Stony Creek
Mineral Creek
Corner Rock Creek
Reems Creek (Woodfin Watershed dam to US 19-23 bridge, except where posted against
trespass)
Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleacher/ in Asheville. except
where posted against trespass)
Bent Creek
Lake Powhatan
Cane Creek (headwaters to SR 3138 bridge)
(E) Burke County:
Catawba River (not trout water)
South Fork Catawba Riser (not trout water)
Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek)
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed
Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.
Johns River (not trout water)
Parks Creek (not trout water)
Carroll Creek (game lands above SR 1405)
Linville River ( game lands portion below the Blue Ridge Parkway and from first bridge on SR 1223
below Lake James powerhouse to Muddv Creek i
(F) Caldwell County:
Catawba River (not trout water)
1744 7:17 NORTH CAROLINA REGISTER December 1, 1992
(
PROPOSED RULES
Johns River (not trout water)
Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against
trespass)
Estes Mill Creek (not trout water)
Thorpe Creek (falls to NC 90 bridge)
Mulberry Creek (not trout water)
Boone Fork (not Hatchery Supported trout water)
Boone Fork Pond
(G) Cherokee County:
Hiwassee River (not trout water)
Shuler Creek (headwaters to Tennessee line, except where posted against trespass)
North Shoal Creek (Crane Creek) (headwaters to SR 1325)
Persimmon Creek
Davis Creek
Bald Creek
Beaver Dam Creek (headwaters to SR 1326 bridge)
Valley River
Hyatt Creek
Webb Creek
Junaluska Creek (bridge at U.S. Forest Service road 440, Section No. 4, to Valley River)
(H) Clay County:
Hiwassee River (not trout water)
Fires Creek (bear sanctuary line to SR 1300)
Tusquitee Creek (headwaters to lower SR 1300 bridge)
Tuni Creek
Chatuge Lake (not trout water)
Shooting Creek (headwaters to US 64 bridge at SR 1338)
Hothouse Branch
Vineyard Creek
(I) Graham County:
Little Tennessee River (not trout water)
Calderwood Reservoir (Cheoah Dam to Tennessee State line)
Cheoah River (not trout water)
Yellow Creek
West Buffalo Creek
Santeelah Reservoir (not trout water)
Santeelah Creek (Johns Branch to mouth)
Huffman Creek (Little Buffalo Creek)
Squalla Creek
South Fork Squalla Creek
Big Snowbird Creek (old railroad junction to mouth)
Mountain Creek (game lands boundary to SR 1 138 bridge)
Long Creek (portion not on game lands)
Tulula Creek (headwaters to lower bridge on SR 1211)
Franks Creek
Cheoah Reservoir
Fontana Reservoir (not trout water)
Stecoah Creek
Sawyer Creek
Panther Creek
(J) Haywood County:
Pigeon River (not trout water)
Hurricane Creek
Cold Springs Creek
Jonathans Creek - lower (concrete bridge in Dellwood to Pigeon River)
7:17 NORTH CAROLINA REGISTER December 1, 1992 1745
PROPOSED RULES
Jonathans Creek - upper [SR 1307 bridge (west) to SR 1302 bridge]
Hemphill Creek
West Fork Pigeon River (headwaters to Champion International property line)
(K) Henderson County:
Broad River (not trout water)
Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line)
Green River - upper (mouth of Bob Creek to mouth of Rock Creek)
Green River - lower (Lake Summit Dam to Polk County line)
Camp Creek (SR 1919 to Polk County line)
Big Hungry River
1 ittle Hungr\ River
North Fork Mills River
(L) Jackson County:
Tuckasegee River (confluence with West Fork Tuckasegee River to bridge at Wilmot)
Scott Creek (entire stream, except where posted against trespass)
Buff Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek)
North Fork Scott Creek
Savannah Creek (Headwaters to Bradley's Packing House on NC 116)
Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek)
Cullowhee Creek (Tilley Creek to Tuckasegee River, except portion posted for Western Carolina
University outdoor classroom)
Bear Creek Lake
Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this Rule]
Wolf Creek Lake
Balsam Lake
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this
Rule]
Tanasee Creek Lake
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake)
Shoal Creek (Glenville Reservoir pipeline to mouth)
(M) Macon County:
Little Tennessee River (not trout water)
Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to the
portion from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge canal. See
Subparagraph (a)(5) of this Rule.
Queens Creek Lake
Roaring Fork Creek (game land boundary to mouth)
Burningtown Creek
Cullasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672)
Ellijay Creek (except where posted against trespass)
Skitty Creek (not trout water)
Cliffside Lake
Cartoogechaye Creek (US 64 bridge to Little Tennessee River)
Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against
trespassing)
Savannah Riser (not trout water)
Big Creek (base of falls to Georgia State line)
(N) Madison County:
French Broad River (not trout water)
Shut-In Creek
Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line)
Meadow Fork Creek
Roaring Fork
Little Creek
Max Patch Pond
1746 7:17 XORTH CAROLINA REGISTER December 1, 1992
(
(
<
PROPOSED RULES
Mill Ridge Pond
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam)
Shelton Laurel Creek (headwaters to NC 208 bridge)
Big Creek (headwaters to lower game land boundary)
Mill Creek
Spillcorn Creek
Puncheon Fork (Hampton Creek to Big Laurel Creek)
(O) McDowell County:
Catawba River (not trout water)
Buck Creek (not trout water)
Little Buck Creek (game land portion)
Curtis Creek (fish barrier to US 70 bridge)
Newberry Creek (game land portion)
North Fork Catawba River (headwaters to North Cove School, SR 1569)
Armstrong Creek (Cato Holler line downstream to upper Greenlee line)
Mill Creek (upper railroad bridge to Old Fort Dam, except where posted against trespass)
(P) Mitchell County:
Nolichucky River (not trout water)
Big Rock Creek (headwaters to fishing club property above A.D. Harrel farm)
Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against
trespass)
Cane Creek (SR 1219 to Nolichucky River)
Grassy Creek (East Fork Grassy Creek to mouth)
East Fork Grassy Creek
North Toe River (Avery County line to SR 1121, Altapass Road)
(Q) Polk County:
Broad River (not trout water)
North Pacolet River (Pacolet Falls to NC 108 bridge)
Fork Creek (Fork Creek Church on SR 1 128 to North Pacolet River)
Big Fall Creek (portion above and below water supply reservoir)
Green River (Henderson County line to mouth of Brights Creek)
Little Cove Creek
Cove Creek
Camp Creek [Henderson County line (top of falls) to Green River]
Fulloms Creek (SR 1 154 to Green River)
(R) Rutherford County:
Broad River (not trout water)
Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where
posted against trespass)
(S) Stokes County:
Dan River (lower Flippin property line below SR 1416 to 200 yards downstream from end of SR
1421)
(T) Surry County:
Yadkin River (not trout water)
Ararat River (SR 1727 downstream to SR 1759) Delayed Harvest regulations apply. See
Subparagraph (5) of Paragraph (a) of this Rule.
Stewarts Creek (not trout water)
Pauls Creek (Virginia State line to SR 1625)
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge)
Little Fisher River (Virginia State line to NC 89 bridge)
Merritt Creek
(U) Swain County:
Little Tennessee River (not trout water)
Calderwood Reservoir (Cheoah Dam to Tennessee State line)
Cheoah Reservoir
7:17 NORTH CAROLINA REGISTER December 1, 1992 1747
PROPOSED RULES
Tuckasegee River (not trout water)
Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River)
Oconaluftee River (not trout water)
Connelly Creek
Alarka Creek
Nantahala River (Macon County line to existing Fontana Lake water level)
(V) Transylvania County:
French Broad Riser (junction of west and north forks to US 276 bridge)
Davidson River (Avery Creek to Ecusta intake)
East Fork French Broad River (Glady Branch to French Broad River)
Middle Fork French Broad River
West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north
forks)
Savannah Riser (not trout water)
Horsepasture River (Jackson County line to existing Lake Jocassee water level)
Thompson River (SR 1 152 to South Carolina state line, except where posted against trespass)
(W) Watauga County:
New River (not trout waters)
North Fork New River (headwaters to Ashe County line)
South Fork New River (not trout water)
Meat Camp Creek
Norris Fork Creek
Howards Creek (downstream from lower falls)
Middle Fork New River (Lake Chetola Dam to South Fork New River)
Yadkin Riser (not trout water)
Stony Fork (headwaters to Wilkes County line)
Elk Creek (headwaters to gravel pit on SR 1508. except where posted against trespass)
Watauga River (SR 1559 to SR 1 1 14 bridge)
Beech Creek
Buckeve Creek Reservoir
Coffee Lake
Laurel Creek
Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha)
Dutch Creek (second bridge on SR 1 134 to mouth)
Crab Orchard Creek
Boone Fork (headwaters to SR 1562)
(X) Wilkes County:
Yadkin River (not trout water)
Roaring Riser (not trout water)
East Prong Roaring Riser (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest
regulations apply to portion on Stone Mountain State Park) See Subparagraph (5) of
Paragraph (a) of this Rule.
Stone Mountain Creek (Alleghany County line to Bullhead Creek) [Delayed Harsest
Regulations apply. See Subparagraph ( 5
)
of Paragraph (a) of this Rule.l
Middle Prong Roaring Riser (headwaters to second bridge on SR 1736)
Harris Creek (end of SR 1716 to mouth)
Pell Branch Pond
Boundary Line Pond
West Prong Roaring River (not trout waters)
Pike Creek
Pike Creek Pond
Reddies Riser (not trout svateri
Middle Fork Reddies Riser (Clear Prong) (headwaters to bridge on SR 1580)
South Fork Reddies Riser (headwaters to NC 16 bridge)
North Fork Reddies Riser (Vannov Creek) (headssaters to Union School bridge on
1748 7:17 SORTH CAROLIXA REGISTER December 1, 1992
(
PROPOSED RULES
SR 1559)
North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569
to confluence with North Fork)
Lewis Fork Creek (not trout water)
South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church)
Fall Creek (except portions posted against trespass)
Stony Fork Creek (headwaters to Mt. Zion bridge near intersection of SR 1 155 and SR 1 167)
(Y) Yancey County:
Nolichucky River (not trout water)
Cane River (Cattail Creek to Bowlens Creek)
Bald Mountain Creek (except portions posted against trespass)
Indian Creek (not trout water)
Price Creek (junction of SR 1 120 and SR 1121 to Indian Creek)
South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except where
posted against trespass)
(2) Wild Trout Waters. All designated public mountain trout waters located on game lands are
classified as wild trout waters unless classified otherwise. The trout waters listed in this
Subparagraph are also classified as wild trout waters. On game lands all tributaries to wild trout
waters are also classified as wild trout waters.
(A) Alleghany County:
Ramey Creek (entire stream)
Stone Mountain Creek (that portion on Stone Mountain State Park)
(B) Ashe County:
Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only
Regulations apply. See Subparagraph (a)(3) of this Rule.
(C) Avery County:
Birchfield Creek (entire stream)
Cow Camp Creek (entire stream)
Cranberry Creek (entire stream)
Horse Creek (entire stream)
Jones Creek (entire stream)
Kentucky Creek (entire stream)
North Harper Creek (entire stream)
Rockhouse Creek (entire stream)
South Harper Creek (entire stream)
Wilson Creek (Catch and Release/ Artificial Lures Only Regulations apply. See Subparagraph (a)(3)
of this Rule.)
(D) Buncombe County:
Carter Creek (game land portion) (Catch and Release/ Artificial Lures only regulations apply. See
Subparagraph (3) of Paragraph (a) of this Rule.
(E) Burke County:
All waters located on South Mountain State Park, except the main stream of Jacob Fork between the
mouth of Shinny Creek and the lower park boundary where delayed harvest regulations apply. See
Subparagraph (5) of Paragraph (a) of this Rule.
(F) Caldwell County:
Buffalo Creek (headwaters to lower Dahl property line)
Joe Fork (Watauga County line to falls)
Rockhouse Creek (entire stream)
(G) Jackson County:
Gage Creek (entire stream)
Tanasee Creek (entire stream)
Whitewater River (downstream from Silver Run Creek to South Carolina State line)
Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake)
(H) Mitchell County:
Green Creek (headwaters to Green Creek Bridge, except where posted against trespass)
7:17 NORTH CAROLINA REGISTER December 1, 1992 1749
PROPOSED RULES
Little Rock Creek (headwaters to Green Creek Bridge, except where posted against trespass)
Wiles Creek (game land boundary to mouth)
(I) Transylvania County:
South Fork Mills River (entire stream)
Whitewater River (downstream from Silver Run Creek to South Carolina State line)
(J) Watauga County:
Watauga River (Avery County line to SR 1559)
Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly
Fishing Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.]
Howards Creek (headwaters to lower falls)
Dutch Creek (headwaters to second bridge on SR 1 134)
(K) Wilkes County:
Big Sandy Creek (portion on Stone Mountain State Park)
Garden Creek (portion on Stone Mountain State Park)
Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial
Lures Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.]
Widow Creek (portion on Stone Mountain State Park)
(L) Yancey County:
Lickskillet Creek (entire stream)
Middle Creek (game land boundary to mouth)
Rock Creek (game land boundary to mouth)
South Toe River (game land boundary downstream to Clear Creek)
(3) Catch and Release/Artificial Lures Only. Those portions of designated wild trout waters as listed
in this Subparagraph, including tributaries except as noted, are further classified as Catch and
Release/Artificial Lures Only waters. Only artificial lures having one single hook may be used.
No fish may be harvested or be in possession while fishing these streams:
Harris Creek and tributaries (portions on Stone Mountain State Park, Wilkes County)
Big Horse Creek, excluding tributaries (Virginia state line to SR 1361 bridge. Ashe County)
Three Top Creek (portion located on Bluff Mountain Game Lands, Ashe County)
Wilson Creek (game lands portion, including tributaries, Avery County)
L'pper Creek, Yancey County
Lower Creek, Yancey County
Tuckasegee River including all tributaries above the Clarke property, Jackson County
Flat Creek, Jackson County
Carter Creek (game lands portion). Buncombe County
Newberry Creek (game land portion, McDowell County)
(4) Catch and Release/Artificial Flies Only. Those portions of designated wild trout waters as listed
in this Subparagraph, including tributaries except as noted, are further classified as Catch and
Release/Fly Fishing Only waters. Only artificial flies having one single hook may be used. No
fish may be harvested or be in possession while fishing these streams:
Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River, Watauga
County)
South Toe River (portion from the concrete bridge above Black Mountain Campground downstream
to the game land boundary, excluding Camp Creek and Neals Creek, Yancey County)
Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek, Avery
County)
Davidson River (headwaters to Avery Creek excluding Avery Creek, Looking Glass Creek, and
Grogan Creek, Transylvania County)
(5) Delayed Harvest. Those portions of designated Hatchery Supported Trout Waters as listed in this
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest
Waters. Between 1 March and the Friday before the first Saturday in June, inclusive, only
artificial lures with one single hook may be used. No fish may be harvested or be in possession
while fishing these streams during this tunc I In the first Saturdaj in June these streams revert to
Hatchery Supported Waters regulations:
Ararat River (SR 1727 downstream to SR 1759, Surry County)
1750 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
East Prong Roaring River (from Bullhead Creek downstream to the lower Stone Mountain State
Park boundary, Wilkes County)
Stone Mountain Creek (from falls at Alleghany County line to confluence with East Prong Roaring
River and Bullhead Creek m Stone Mountain State Park, Wilkes County)
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary, Burke County)
Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light powerhouse
discharge canal, Swain County)
(b) Fishing in Trout Waters
(1) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner
whatsoever from designated public mountain trout waters during the closed seasons for trout
fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether
designated or not, as public mountain trout waters. Except in power reservoirs and city water
supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters
with more than one line. Night fishing is not allowed in most hatchery supported trout waters on
game lands [see 15A NCAC 10D .0004(b)(1)].
(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3) and (4) of Paragraph (a)
of this Rule, the following rules apply to fishing in wild trout waters.
(A) Open Season. There is a year round open season for the licensed taking of trout.
(B) Creel Limit. The daily creel limit is four trout.
(C) Size Limit. The minimum size limit is seven inches.
(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person
shall possess live or preserved bait while fishing wild trout waters.
(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset
and one-half hour before sunrise.
Statutory Authority G.S. 113-134; 113-272; 113-292.
.0208 SPAWNING AREAS
The following waters are designated as spawning areas in which fishing is prohibited or restricted as
indicated:
(1) No person shall fish by any method or at any time in, or within 50 feet of, the fish ladder at Quaker
Neck Dam on Neuse River in Wayne County.
(2) No person shall fish by any method from February 15 to April 15, both inclusive, in Linville River
from the NC 126 bridge downstream to the backwater of Lake James in Burke County lower
spawning area boundary .
(3) No person shall fish by netting in that portion of the Dan River lying within the State downstream
from the Brantly Steam Plant at Danville, or in the Roanoke River between the US 258 bridge and
the dam of Roanoke Rapids Lake, or while in or on said rivers within said areas, have in possession
any bow net, dip net or any landing net having a handle exceeding eight feet in length or a hoop or
frame to which the net is attached exceeding 60 inches along its outside perimeter.
Statutory Authority G.S. 113-134; 113-292.
SECTION .0300 - GAME FISH
.0305 OPEN SEASONS: CREEL AND SIZE LIMITS
(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and
size limits are as indicated in the following table:
DAILY CREEL MINIMUM
GAME FISHES LIMITS SIZE LIMITS OPEN SEASON
Mountain Trout:
Wild Trout 4 7 in. ALL YEAR
Waters (exc. 15) (exc. 2)
7:77 NORTH CAROLINA REGISTER December 1, 1992 1751
PROPOSED RULES
Hatchery Sup-ported
Trout
Waters and
undesignated
waters
Muskellunge and
Tiger Musky
Chain Pickerel
(Jack)
Walleye
Sauger
Black Bass:
Largemouth
Smallmouth
and Spotted
White Bass
Sea Trout (Spotted
or Speckled)
Flounder
Red drum (channel
bass, red fish,
puppy drum)
Striped Bass
and their hybrids
(Morone Hybrids)
Kokanee Salmon
Panfishes
\o\<; AMI; FISHES
7 None All year, except
March 1 to 7:00 a.m
on first Saturday
in April
(exes. 2 & 3)
2 30 in. ALL YEAR
None None ALL YEAR
8 None ALL YEAR
(exes. 9 & 10) (exc. 9)
S 15 in. ALL YEAR
5 14 in. ALL YEAR
(exc. 10) (exes . 4, 8 & 11) (exc. 13)
5 12 in. ALL YEAR
(exc. 10) (exes . 4. 8 & 11)
25 None ALL YEAR
None 12 in. ALL YEAR
None 13 in. ALL YEAR
5 18 in. ALL YEAR
8 aggregate 16 in. ALL YEAR
(exes. 1 & 6) (exes. 1. 6 & 12) (exes. 6, 16. & 18)
7 None ALL YEAR
None None ALL YEAR
(exes. 5 & 14) (exc. 14) (exc. 5)
None None ALL YEAR
(exc. 17) (exc. 17) (exc. 7)
(b) Exceptions
(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant
Dam. and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is
20 inches.
(2) In designated public mountain trout waters the season for taking all species offish is the same as
the trout fishing season. There is no closed season on taking trout from Nantahala River and all
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters
1752 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing.
(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is
seven inches.
(4) Bass taken from stream s designated as public mountain trout waters or from Calderwood Reservoir
may be retained without restriction as to size limit.
(5) On Mattamuskeet Lake, special federal regulations apply.
(6) In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico Rivers rivers
and their tributaries extending upstream to the first impoundment, the daily creel limit for striped
bass and their hybrids is mm three fish and the minimum length limit is 18 inches. In the Roanoke
River up to the first impoundment, from July 1 through March 31 and June 1 through June 30 the
daily creel limit for striped bass is one fish and the minimum length limit is 18 inches; from April
1 to May 31 the daily creel limit is three fish, no fish between the lengths of 22 inches and 27
inches may be retained, and the minimum length limit is 4-6 J_8 inches, except no fish may be
retained in Roanoke River and its tributaries including Cashie, Middle and Eastmost rivers from
May 1 to December 31, 1991.
(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices.
(8) The maximum combined number of black bass of all species that may be retained per day is five
fish, no more than two of which may be smaller than the applicable minimum size limit. The
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, and in Currituck
Sound and tributaries north of Wright Memorial Bridge; in North River and tributaries in Currituck
and Camden Counties north of a line between Camden Point and the end of SR 1 124. In and west
of Madison, Buncombe, Henderson and Polk Counties and m designated public mountain trout
waters the minimum size limit is 12 inches. In B. Everett Jordan Reservoir a minimum size limit
of 16 inches, with no exception, applies to largemouth bass. In Falls of Neuse Reservoir, east of
SR 1004, Sutton Lake and Tuckertown Lake no black bass between the lengths of 12 inches and
16 inches may be retained, and the minimum size limit for black bass is 16 inches, except that the
daily creel may contain two black bass of less than 12 inches in length. In W. Kerr Scott Reservoir
there is no minimum size limit for spotted bass.
(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries,
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge
above Lake James.
(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10.
(11) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy
bass lakes:
(A) Cane Creek Lake in Union County; and
(B) Lake Thorn-A-Lex in Davidson County.
(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions
(1), the daily creel limit of striped bass and their hybrids may include not more than two fish of
smaller size than the minimum size limit.
(13) In Cane Creek Reservoir (Orange County) the season for taking largemouth bass is closed.
(14) In Lake Tillery, Falls Lake. High Rock Lake. Badin Lake, and Tuckertown Lake a daily creel limit
of 20 fish and a minimum size limit of 8 inches apply to crappie.
(15) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and
rainbow trout.
(16) In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, Chowan
River, Currituck Sound. Alligator River. Scuppernong River, and their tributaries (excluding the
Roanoke River and Cashie River and their tributaries), striped bass fishing season, size limits and
creel limits shall be the same as those established by duly adopted rules or proclamations of the
Marine Fisheries Commission in adjacent joint or coastal fishing waters.
(17) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are
provided for in 15A NCAC 10C .0401(d).
(18) The Executive Director may. by proclamation, suspend or extend the hook-and-line season for
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to
violate the provisions of any proclamation issued under this authority.
7:17 NORTH CAROLINA REGISTER December 1, 1992 1753
PROPOSED RULES
Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305.
SUBCHAPTER IOD - GAME LANDS REGULATIONS
.0002 GENERAL REGULATIONS REGARDING USE
(a) Trespass. Entry on game lands for purposes other than hunting, trapping or fishing shall be as
authorized by the landowner and there shall be no removal of any plants or parts thereof, or other materials,
without the written authorization of the landowner. Travel is restricted, except by authorized personnel, to
direct access from SR 2074 to the established waterfowl viewing stands on Cowan's Ford Waterfowl Refuge.
The Wildlife Resources Commission may designate areas on game lands as either an Archery Zone, Safety
Zone or Restricted Zone.
(1) Archery Zone. On portions of game lands posted as "Archery Zones" hunting is limited to bow
and arrow hunting only.
(2) Safety Zone. On portions of game lands posted as "Safety Zones" hunting is prohibited. No
person shall hunt or discharge a firearm or bow and arrow within, into, or across a posted safety
zone on any game land.
(3) Restricted Zone. Portions of game lands posted as "Restricted Zones" are closed to all use by the
general public, and entry upon such an area for any purpose, except as authorized by permit from
the Executive Director of the Wildlife Resources Commission or by authorized personnel in the
performance of their duties, is prohibited.
(4) Establishment of Archer,' and Restricted Zones. The Commission will conduct a public input
meeting in the area where the game land is located before establishing any archery or restricted
zone. After the input meeting the public comments will be presented to an official Commission
meeting for final determination.
(b) Littering. No person shall deposit any litter, trash, garbage, or other refuse at any place on any game
land except in receptacles provided for disposal of such refuse at designated camping and target-shooting
areas. No garbage dumps or sanitary landfills shall be established on any game land by any person, firm,
corporation, county or municipality, except as permitted by the landowner.
(c) Possession of Hunting Devices. It is unlawful to possess a firearm or bow and arrow on a game land
at any time except during the open hunting seasons or hunting days for game birds or game anima^ other
than fox, thereon unless said device is cased or not immediately available for use, provided that such devices
may be possessed and used by persons participating in field trials on field trial areas and on target shooting
areas designated by the landowner, and possessed in designated camping areas for defense of persons and
property: and provided further that .22 caliber pistols with barrels not greater than seven and one-half inches
in length and shooting only short, long, or long rifle ammunition may be carried as side arms on game lands
at any time other than by hunters during the special bow and arrow and muzzle-loading firearms deer hunting
seasons and by individuals training dogs during closed season without field trial authorization. This Rule shall
not prevent possession or use of a bow and arrow as a licensed special fishing device in those waters where
such use is authorized. During the closed firearms seasons on big game (deer, bear, boar, wild turkey), no
person shall possess a shotgun shell containing larger than No. 4 shot or any rifle or pistol larger than a .22
caliber rim fire while on a game land, except that shotgun shells containing any size steel or non-toxic shot
may be used while waterfowl hunting. No person shall hunt with or have in possession any shotgun shell
containing lead or toxic shot while hunting on any posted waterfowl impoundment on any game land, or while
hunting waterfowl on Butner-Falls of Neuse Game Land or New Hope Game Land, except shotgun shells
containing lead buckshot may be used while deer hunting.
(d) Game Lands License
(1) Hunting and Trapping
(A) Requirement. Except as provided in Part (B) of this Subparagraph, any person entering upon any
game land for the purpose of hunting, trapping, or participating in dog training or field trial
activities must have in his possession a game lands license in addition to the appropriate hunting
or trapping licenses.
(B) Exceptions
(i) A person under 16 years of age may hunt on game lands on the license of his parent or legal
guardian,
(ii) The resident and nonresident sportsman's licenses include game lands use privileges.
1754 7:17 NORTH CAROLINA REGISTER December 1, 1992
PROPOSED RULES
(iii) Judges and nonresidents participating in field trials under the circumstances set forth in
Paragraph (e) of this Rule may do so without the game lands license,
(iv) On the game lands listed in Rule .0003(d)(1) of this Subchapter the game lands license is
required only for hunting doves; all other activities are subject to the control of the
landowners.
(2) Trout Fishing. Any person 16 years of age or over, including an individual fishing with natural
bait in the county of his residence, entering a game land for the purpose of fishing in designated
public mountain trout waters located thereon must have in his possession a game lands license in
addition to the regular fishing license and special trout license. The game lands license is not
required to fish in that part of Slick Rock Creek which coincides with the Tennessee State line, or
when fishing from boat on Calderwood Lake. The resident and nonresident sportsman's licenses
and short-term comprehensive fishing licenses include trout fishing privileges on game lands.
(e) Field Trials and Training Dogs. A person serving as judge of a field trial which, pursuant to a written
request from the sponsoring organization, has been officially authorized in writing and scheduled for
occurrence on a game land by an authorized representative of the Wildlife Resources Commission, and any
nonresident participating therein may do so without procuring a game lands license, provided such nonresident
has in his possession a valid hunting license issued by the state of his residence.
Any individual or organization sponsoring a field trial on the Sandhills Field Trial grounds or the Laurinburg
Fox Trial facility shall file with the commission's agent an application to use the area and facility accompanied
by a check for the facility use fee computed at the rate of fifty dollars ($50.00) for each scheduled day of the
trial. The total facility use fee will cover the period from 12:00 noon of the day preceding the first scheduled
day of the trial to 10:00 a.m. of the day following the last scheduled day of the trial. The facility use fee must
be paid for all intermediate days on which for any reason trials are not run but the building or facilities are
used or occupied. A fee of twenty-five dollars ($25.00) per day shall be charged to sporting, educational, or
scouting groups for scheduled events utilizing the club house only. No person or group of persons or any
other entity shall enter or use in any manner any of the physical facilities located on the Laurinburg Fox Trial
or the Sandhills Field Trial grounds without first having obtained specific written approval of such entry or
use from an authorized agent of the Wildlife Resources Commission, and no such entry or use of any such
facility shall exceed the scope of or continue beyond the specific approval so obtained.
The Sandhills Field Trial facilities shall be used only for field trials scheduled with the approval of the
Wildlife Resources Commission. No more than 16 days of field trials may be scheduled for occurrence on
the Sandhills facilities during any calendar month, and no more than four days may be scheduled during any
calendar week; provided, that a field trial requiring more than four days may be scheduled during one week
upon reduction of the maximum number of days allowable during some other week so that the monthly
maximum of 16 days is not exceeded. Before October 1 of each year, the North Carolina Field Trial
Association or other organization desiring use of the Sandhills facilities between October 22 and November
18 and between December 3 and March 31 must submit its proposed schedule of such use to the Wildlife
Resources Commission for its consideration and approval. The use of the Sandhills Field Trial facilities at
any time by individuals for training dogs is prohibited; elsewhere on the Sandhills Game Lands dogs may be
trained only on Mondays, Wednesdays and Saturdays from October 1 through April 1.
Dogs may not be trained or permitted to run unleashed between April 1 and August 15 on any game land
located west of 1-95, except when participating in field trials sanctioned by the Wildlife Resources
Commission.
(f) Trapping. Subject to the restrictions contained in 15A NCAC 10B .0110. .0302 and .0303, trapping
of furbearing animals is permitted on game lands during the applicable open seasons, except that trapping is
prohibited:
(1) on the field trial course of the Sandhills Game Land;
(2) on the Harmon Den and Sherwood bear sanctuaries in Haywood County;
(3) in posted "safety zones" located on any game land;
(4) by the use of multiple sets (with anchors less than 15 feet apart) or bait on the National Forest
Lands bounded by the Blue Ridge Parkway on the south, US 276 on the north and east, and NC
215 on the west;
(5) on that portion of the Butner-Falls of Neuse Game Lands marked as the Penny Bend Rabbit
Research area;
(6) on Cowan's Ford Waterfowl Refuse in Gaston, Lincoln and Mecklenburg Counties:
7:17 NORTH CAROLINA REGISTER December 1, 1992 1755
PROPOSED RULES
(7) on the Hunting Creek Swamp Waterfowl Refuge.
On those areas of state-owned land known collectively as the Roanoke River Wetlands and including the
Broadneck, Company Swamp, Conine Island. Speller-Outlaw and L'rquhart tracts, controlled trapping is
allowed under a permit system. For information contact the Division of Wildlife Management of the Wildlife
Resources Commission.
(g) Use of Weapons. No person shall hunt or discharge a firearm or bow and arrow from a vehicle, or
within 200 yards of any building or designated camping area, or within, into, or across a posted "safetv zone"
on any game land. No person shall hunt with or discharge a firearm within, into, or across a posted
"restricted zone" on any game land.
(h) Vehicular Traffic. No person shall drive a motorized vehicle on any game land except on those roads
constructed and maintained for vehicular travel and those trails posted for vehicular travel; provided that this
provision shall not apply to participants in scheduled bird dog field trials held on the Sandhills Game Land.
(i) Camping. No person shall camp on any game land except on an area designated by the landowner for
camping.
(j) Swimming. Swimming is prohibited in the lakes located on the Sandhills Game Land.
Statutory Authority G.S. 113-134: 113-264: 113-270.3: 113-291.2: 113-291.5: 113-305: 113-306.
.0003 HUNTING ON GAME LANDS
(a) Safety Requirements. No person while hunting on any designated game land shall be under the influence
of alcohol or any narcotic drug, or fail to comply with special restrictions regarding the use of the Blue Ridge
Parkway where it adjoins game lands listed in this Rule.
(b) Traffic Requirements. No person shall park a vehicle on game lands in such a manner as to block
traffic, gates or otherwise prevent vehicles from using any roadway.
(ci Tree Stands. It is unlawful to erect or to occupy, for the purpose of hunting, any tree stand or platform
attached by nails, screws, bolts or wire to a tree on any game land designated herein. This prohibition shall
not apply to lag-screw steps or portable stands that are removed after use with no metal left remaining in or
attached to the tree.
(d) Time and Manner of Taking. Except where closed to hunting or limited to specific dates bv these
regulations, hunting on game lands is permitted during the open season for the game or furbearing species
being hunted. On managed waterfowl impoundments, hunters shall not enter the posted impoundment areas
earlier than 4:00 a.m. on the permitted hunting dates, and hunting is prohibited after 1:00 p.m. on such
hunting dates: decoys may not be set out prior to 4:00 a.m. and must be removed by 3:00 p.m. each day.
No person shall operate any vessel or vehicle powered by an internal combustion engine on a managed
waterfowl impoundment.
No person shall attempt to obscure the sex or age of any bird or animal taken by severing the head or any
other part thereof, or possess any bird or animal which has been so mutilated.
No person shall place, or cause to be placed on any game land. salt, grain, fruit, or other foods without
prior written authorization of the commission or its agent. No person shall take or attempt to take anv game
birds or game animals attracted to such foods.
No live wild animals or wild birds shall be removed from any game land.
(e) Hunting Dates:
(1) Doves may be taken on the following game lands and dove hunting is limited to Mondays.
Wednesdays. Saturdays and to Thanksgiving. Christmas and New Year's Davs within the
federally-announced season:
Buncombe County—Browntown Farms Game Land
Guilford County—Guilford County Farm Game Land
Lenoir County—Caswell Farm Game Land
Wayne County—Cherry Farm Game Land
(2) Any game may be taken during the open seasons on the following game lands and hunting is
limited to Mondays. Wednesdays. Saturdays and Thanksgiving. Christmas and New Year"s Days.
In addition, deer may be taken with bow and arrow on the opening day of the bow and arrow-season
for deer. Raccoon and opossum hunting may continue until 7:00 a.m. on Tuesdays, until
7:00 a.m. on Thursdays, and until midnight on Saturdays. Additional restrictions apply as indicated
in parentheses following specific designations:
7756 7:17 XORTH CAROLLXA REGISTER December 1, 1992
PROPOSED RULES
Ashe County—Carson Woods Game Land
Bertie County—Bertie County Game Lands
Bladen County--Bladen Lakes State Forest Game Lands (Handguns may not be carried and. except for
muzzle-lo