Address Abandoned and Derelict Vessels.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 505

Short Title: Address Abandoned and Derelict Vessels. (Public)
Sponsors: Senators Lee, Hanig, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S505-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ADDRESS AB ANDONED AND DERELICT VESSELS IN THE WATERS OF 2
THE STATE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) Subdivisions (1c), (1d), (1e), and (1f) of G.S. 75A-2 are recodified 5
as subdivisions (1e), (1f), (1g), and (1h) of that section. 6
SECTION 1.(b) G.S. 75A-2, as amended by subsection (a) of this section, reads as 7
rewritten: 8
"§ 75A-2. Definitions. 9
As used in this Chapter, unless the context clearly requires a different meaning: 10
(1) "Abandoned vessel" or "to abandon a vessel" means a the vessel that (i) is left 11
moored, anchored, or otherwise located for more than 30 consecutive days on 12
public lands, submerged lands , or waters of the State or on private property 13
without written permission of the owner of the property where the vessel is 14
moored, anchored, or otherwise located as set forth in Article 5 of this Chapter 15
and (ii) has been relinquished, left, or given up by the lawful owner without 16
the intention to later resume any right or interest in the vessel. The term does 17
not include a vessel that is left by an owner or agent of the owner with any 18
person or business for the purpose of storage, maintenance, or repair and that 19
is not subsequently reclaimed. 20
… 21
(1c) "Days" means calendar days where the term is used for a computation of time. 22
(1d) "Derelict vessel " means a vessel (i) left unattended and (ii) in a wrecked, 23
junked, listing, sinking, inoperable, or dismantled condition or otherwise in 24
significant disrepair or ground ed such that the condition may affect the 25
seaworthiness of the vessel or adversely affect the safety of the public or the 26
environment. 27
… 28
(4b) "Unattended" means that the owner or operator of the vessel is not aboard or 29
in the immediate vicinity of the vessel and has failed to respond to any posting 30
or citation left on the vessel by a law enforcement officer with jurisdiction 31
over the location of the vessel. 32
… 33
(5a) "Vessel emergency" means a condition, incident, or accident on a vessel that 34
requires the operators and passengers of the vessel to leave it unattended for 35
their own safety. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 505-First Edition
…." 1
SECTION 2. Chapter 75A of the General Statutes is amended by adding a new 2
Article to read: 3
"Article 5. 4
"Abandoned and Derelict Vessels. 5
"§ 75A-50. Authority. 6
(a) Scope. – This Article shall apply to all waters of th is State and to public and private 7
land within the State. 8
(b) Powers of Law Enforcement Officers. – In addition to the enforcement powers set 9
forth in G.S. 75A-17, wildlife protectors , inspectors, or other cooperating law enforcement 10
officers with general enforcement jurisdiction and their contractors or agents engaged for the 11
activities authorized by this subsection are authorized to remove, relocate, cause to be removed 12
or relocated, or dispose of any abandoned or derelict vessel from waters of th is State or from 13
public and private land as set forth in this Article. 14
(c) Powers of Commission. – The Commission may use staff, equipment, and material 15
under its control or provided by any cooperating federal or State agency or unit of local 16
government, may authorize or contract with any private agent or contractor it deems appropriate 17
for the activities authorized by subsection (b) of this section, and may authorize or contract with 18
any federal or State agency or unit of local government for the removal, relocation, storage, or 19
disposal of an abandoned or derelict vessel and restoration of the affected area. 20
(d) Limit on Liability. – The Commission, any cooperating law enforcement agency, or 21
any contractor or employee or agent of the Commission acting under authority granted by this 22
Article to remove, relocate, cause to be removed or relocated, or dispose of an abandoned or 23
derelict vessel from waters of the State, public land, or private land shall not be held liable in any 24
claim or action seeking damages for any damage to an abandoned or derelict vessel resulting 25
from such relocation or removal, unless the damage is a result of gross negligence or willful 26
misconduct. 27
(e) Relation to Existing Local Acts. – In cases of conflict between this Article and 28
provisions of existing local acts or local ordinances adopted under the authority set forth in 29
G.S. 160A-205.6 pertaining to the removal of abandoned or derelict vessel s, this Article shall 30
prevail with respect to the powers and actions of the Commission and any contractors or partners 31
working for or with the Commission. 32
(f) Exception for Historic Shipwrecks. – This Article does not apply to shipwrecks, 33
vessels, cargoes, tackle, and underwater archaeological artifacts that have been in place on the 34
bottom of navigable waters of this State and unclaimed for more than 10 years, which are under 35
the ownership and custody of the State through the Department of Natural and Cultural Resources 36
(DNCR) pursuant to G.S. 121-22 and G.S. 121-23. Vessels under DNCR's custodial control as 37
described in this subsection shall therefore be salvaged only in accordance with Article 3 of 38
Chapter 121 of the General Statutes. 39
"§ 75A-52. Anchoring, docking, and mooring. 40
(a) Land Prohibition. – It is unlawful to dock, beach, or ground any vessel on public or 41
private land beyond the 30-day period described in G.S. 75A-54 without the permission of (i) the 42
Commission, another State agency, or local government with control of the public land or (ii) 43
with respect to private land, the landowner. 44
(b) Water Prohibition. – It is unlawful to anchor, moor, dock, leave adrift, or ground any 45
vessel in waters of the State for more than 10 days in any 30-day period, except at a private dock 46
or marina or attached to a mooring point installed under a permit issued by a State agency or 47
local government. 48
(c) Duty of Car e. – The owner and operator of the vessel are jointly responsible for 49
securing their vessel to prevent the vessel, or any part of contents of the vessel , from damaging 50
public trust waters, associated or adjacent habitats, or the property of others , and persons with 51
General Assembly Of North Carolina Session 2025
Senate Bill 505-First Edition Page 3
property damaged due to failure to meet the duty of care of this section may recover those 1
damages from the owner or operator of the vessel improperly secured. 2
(d) Deemed Allowed 10-Day Period. – For the first 10 days in any 30-day period that a 3
vessel is anchored, moored, docked, beached, aground, anchored, or adrift in waters of the State, 4
it shall be deemed to have written permission for provisioning, repairs, tourism, or recrea tional 5
use, unless such permission is revoked in writing for any of the following reasons: 6
(1) The vessel has dragged anchor or is moored in an unauthorized area or in a 7
marked channel. 8
(2) The vessel displays no evidence of current and valid State, federal, or foreign 9
registration, or when asked by the Commission, the owner or operator of the 10
vessel fails to present a current and valid registration or other official 11
documentation of ownership upon which he or she is named as the owner or 12
operator. 13
(e) Posting; Removal Authority. – The Commission shall post notice on vessels violating 14
the requirements of this section. If the owner or operator of the vessel fails to respond to the 15
notice or abate the violation within 10 days , then the Commission may relocate or remove the 16
vessel. 17
"§ 75A-54. Abandoned vessels. 18
(a) Prohibition. – It shall be unlawful to cause a vessel to become abandoned in waters 19
of the State or on public, private, or submerged land without permission of the property owner. 20
(b) Exception. – The prohibition of subsection (a) of this section does not apply to persons 21
who abandon a vessel due to a vessel emergency . Persons who abandon a vessel because of a 22
vessel emergency shall immediately notify the Commission or the United States Coast Guard 23
after the abandonment and must remove the vessel within 10 days of the reopening of the area 24
where the vessel is located to public access. 25
(c) Notice Required. – Upon identifying an abandoned vessel, the Commission shall post 26
a notice on board the vessel and shall attempt to notify the owner by certified mail or personal 27
delivery of notice using information provided to the registering State or federal agency during 28
official vessel registration. The notice shall include all of the following: 29
(1) For a mailed or delivered notice only, a description of the vessel and its current 30
location. 31
(2) That the vessel shall be removed from waters or land and the affected 32
environment of the area surrounding the vessel restored within 30 days of the 33
date the notice is posted aboard the vessel. 34
(3) That failure of the owner to meet the deadline for removal will result in the 35
vessel being deemed abandoned, subject the owner to civil or criminal 36
penalties, and that local governments with jurisdiction over the vessel or the 37
Commission may hold the owner or operator of the vessel responsible for all 38
costs associated with removal and disposition of the vessel and environmental 39
restoration of the affected area surrounding the vessel. 40
(d) Immediate Abatement Authorized. – When necessary, the Commission may act, 41
authorize, or join in action with other agencies to immediately determine and abate any unsafe 42
or environmentally hazardous conditions of abandoned vessels and, after expiration of the 30-day 43
notice period specified in subsection (c) of this section, to tow, relocate, remove, or dispose of 44
any vessel or take any other action reasonably necessary, and local governments with jurisdiction 45
over the vessel through an ordinance adopted under the authority set forth in G.S. 160A-205.6 or 46
the Commission may recover costs for these activities as provided in G.S. 75A-58. 47
(e) Exception for Declared Emerg ency. – In declared emergencies, the notification 48
requirement of subsection (d) above may be satisfied by telephone or email communication from 49
federal, State, or local agencies, and the 30-day deadline specified in subsection (c) of this section 50
shall be 15 days. 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 505-First Edition
"§ 75A-56. Derelict vessels. 1
(a) Notice. – Upon identifying a derelict vessel, the Commission shall post a notice on 2
board the vessel and shall attempt to notify the owner by certified mail or personal delivery of 3
notice, using information provided to the registering State or federal agency during official vessel 4
registration. The notice shall include all of the following: 5
(1) The date the vessel was identified and the notice posted, mailed, or delivered. 6
(2) A description of the vessel. 7
(3) The current location of the vessel. 8
(4) All known issues or condition s that must be corrected to restore the 9
seaworthiness of the vessel. 10
(5) A directive that the owner (i) respond to the Commission within 10 days from 11
the date the notice is served with a written plan to correct the issues or 12
conditions identified, (ii) either correct the identified issues or condition s or 13
remove the vessel from waters of the State or from the public or private land 14
where it rests, and (iii) abate any environmental impacts in the area 15
surrounding the vessel within 30 days. 16
(6) That failure to meet the 30-day deadline will result in the vessel being deemed 17
abandoned and subject the owner to criminal penalties and liability for all 18
costs associated with removal and disposition of the vessel and abatement of 19
environmental impacts in the area surrounding the vessel. 20
(b) Extension. – The Commission may approve one written request from the owner for 21
an extension of the 15- or 30-day deadline for no more than an additional 30 days. 22
(c) Failure to Respond to Notice. – Failure of the owner to respond to the notice provided 23
for in subsection (a) of this section and to correct the issues or conditions or remove the vessel 24
from the waters of the State, public, or private lands within the deadline specified in the notice 25
shall cause the vessel to be deemed forfeited and disposed of pursuant to G.S. 75A-58. 26
"§ 75A-58. Disposition and disposal. 27
(a) Forfeiture. – An abandoned or derelict vessel, together wi th all cargo, tackle , and 28
equipment, that remains unclaimed or has not been otherwise brought into compliance 30 days 29
after the notices required by this Article shall be deemed forfeited. 30
(b) Removal Costs. – Local governments with jurisdiction over the vessel through an 31
ordinance adopted under the authority set forth in G.S. 160A-205.6, other State agencies 32
participating in activities authorized by this Article, the Commission, or authorized agents and 33
contractors may recover c osts incurred by the State for towing, removal, and storage charges ; 34
accrued civil fines; and environmental restoration costs related to the vessel. 35
(c) Disposal. – Any vessel, cargo, tackle, or equipment may be disposed of at any suitable 36
solid waste facility permitted for such waste." 37
SECTION 3. This act becomes effective July 1, 2025. 38