Lake Norman Marine Commission.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 697
State and Local Government Committee Substitute Adopted 5/6/25
Third Edition Engrossed 5/7/25

Short Title: Lake Norman Marine Commission. (Public)
Sponsors:
Referred to:
March 26, 2025
*S697-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO CODIFY AND RECONSTITUTE THE LA KE NORMAN MARINE 2
COMMISSION TO ADDRES S OPERATIONAL AND AD MINISTRATIVE 3
IMPROVEMENTS NECESSA RY TO THE EFFECTUAL STEWARDSHIP OF LAKE 4
NORMAN AND TO ENSURE ITS WATER QUALITY, THE SAFETY OF 5
RECREATIONAL USERS, AND THE ECONOMIC AND PUBLIC HEALTH OF TH E 6
LAKE NORMAN REGION. 7
The General Assembly of North Carolina enacts: 8
SECTION 1.(a) Chapter 77 of the General Statutes is amended by adding a new 9
Article to read: 10
"Article 6B. 11
"Lake Norman Marine Commission." 12
SECTION 1.(b) Chapter 1089 of the 1969 Session Laws, as amended by Section 3 13
of Chapter 494 of the 1991 Session Laws and Section 1 of Chapter 797 of the 1991 Session Laws, 14
is codified in Article 6B of Chapter 77 of the General Statutes, as en acted by subsection (a) of 15
this section, as follows: 16
17
Section of 1969 Session Law G.S. Section 18
Section 1 G.S. 77-89.1 19
Section 2 G.S. 77-89.2 20
Section 3 G.S. 77-89.3 21
Section 4 G.S. 77-89.4 22
Section 5 G.S. 77-89.5 23
Section 6 G.S. 77-89.6 24
Section 7 G.S. 77-89.7 25
Section 8, as amended G.S. 77-89.8 26
Section 9 G.S. 77-89.10 27
SECTION 1.(c) Article 6B of Chapter 77 of the General Statutes, as enacted by 28
subsection (a) of this section and as amended by subsection (b) of this section, reads as rewritten: 29
"Article 6B. 30
"Lake Norman Marine Commission. 31
"§ 77-89.1. Definitions. 32
Unless the context clearly requires otherwise, the The following definitions apply in this 33
Act:Article: 34
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(1) Board: Board. – The board of commissioners publicly elected governing board 1
of one of the four counties.participating local governments. 2
(2) Commission: Commission. – The Lake Norman Marine Commission or its 3
governing board, as the case may be.Commission. 4
(3) Commissioner: Member Commissioner. – A member of the governing board 5
of the Lake Norman Marine Commission. 6
(4) Eligible local governments. ‒ Each of the four counties. 7
(4)(5) Four counties: Four counties. – Catawba, Iredell, Lincoln, and Mecklenburg 8
Counties. 9
(5)(6) Joint resolution: resolution. – A resolution substantially identical in content 10
adopted separately by the board in of each of the four counties.participating 11
local governments. 12
(6)(7) Lake Norman: Norman. – The impounded body of water along the Catawba 13
River in the four counties extendin g from the bridge crossing of Rural Road 14
1004 base of Lookout Shoals Dam downstream to Cowans Ford Dam.Dam 15
and lying below the full pond elevation of 760 feet above mean sea level based 16
on the National Geodetic Vertical Datum of 1929. 17
(8) Participating local government. ‒ Any of t he eligible local governments that 18
have adopted a resolution to participate in the Commission and have not 19
withdrawn. 20
(7)(9) Shoreline area: area. – Except as modified by a joint resolution of the four 21
counties, participating local governments, the area within the four counties 22
lying within one mile 50 feet landward of the mean high water line full pond 23
elevation contour of Lake Norman. In addition, the shoreline area shall include 24
This term also includes all islands within Lake Norman and all peninsulas 25
extending into the waters of Lake Norman. 26
(8)(10) Wildlife Commission: Resources Commission. – The North Carolina Wildlife 27
Resources Commission.Commission established under Article 24 of Chapter 28
143 of the General Statutes. 29
"§ 77-89.2. Creation of Commission authorized. 30
(a) The counties of Catawba, Iredell, Lincoln, and Mecklenburg are hereby authorized 31
participating local governments may by joint resolution to create the Lake Norman Marine 32
Commission. Upon its creation creation, the Commission shall enjoy the powers and have the 33
duties has the powers, duties, and responsibilities conferred upon it by the joint resolution, subject 34
to the provisions of this Act. Article. The provisions of any joint resolution may be modified, 35
amended, or rescinded by a subsequent joint resolution. The purpose of the Lake Norman Marine 36
Commission is to ensure the coordinated governance applicable to Lake Norman and its shoreline 37
area concerning all matters related to public recreation and water quality and safety. 38
(b) A county participating local government may unilaterally withdraw from 39
participation as required by any joint resolution or the provisions of this Act, Article, once the 40
Commission has been created, and a ny county participating local government may unilaterally 41
withdraw from said commission at the end of any budget period. the Commission by resolution 42
of its board upon the conclusion of the informal settlement discussion provided in subsection 43
(b1) of this section, not to exceed 90 days after the participating local government delivers to the 44
Commission its notice of intent to withdraw. 45
(b1) Upon providing the Commission with notice of intent to withdraw, the participating 46
local government and the Commission shall jointly appoint a mediation officer. The mediation 47
officer shall make a reasonable effort to initiate settlement discussions between the participating 48
local government and all other interested parties. 49
(c) Upon withdrawing from the Commission, a local government is no longer obligated 50
to continue any financial or in -kind support of the Commission . By joint resolution of the 51
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Senate Bill 697-Third Edition Page 3
participating local governments, presented to and approved by the Commission, an eligible local 1
government may rejoin the Commission as a participating local government. 2
(d) Upon If upon the effectuation of such withdrawal, the withdrawal there are fewer than 3
three counties that remain as participating local governments, the Commission is dissolved until 4
reestablished under the provisions of this Act Article or any successor act, and all property of the 5
Commission shall be distributed to or divided among the four counties participating local 6
governments and any other public agency or agencies serving the Lake Norman area in a manner 7
deemed equitable by the four counties.participating local governments. 8
(e) Any rule, regulation, decision, or advisory action taken by the Commission pertaining 9
to the shoreli ne area shall only apply within those counties that are participating local 10
governments. 11
"§ 77-89.3. Terms of members.Membership; terms of office; eligibility for appointment. 12
(a) Upon its creation, the Commission shall have has a governing board of five 13
commissioners. Except as otherwise provided for the first five -year period, each commissioner 14
shall serve a five -year term, with commissioners to serve overlapping terms so that one 15
commissioner appointment is made each year. Upon creation of the Commissio n, the board of 16
Catawba County shall appoint two commissioners and the boards of the other three counties shall 17
appoint one each. These initial appointees shall serve until September 30 following their 18
appointment. Thereafter, appointments shall be made each October 1 by the respective boards of 19
the four counties as follows:comprised of members appointed in accordance with subsections (b) 20
and (c) of this section. 21
(1) First year: Commissioner from Catawba, one -year term; commissioner from 22
Iredell, two -year term; commissioner from Lincoln, three -year term; 23
commissioner from Mecklenburg, four -year term; commissioner from 24
Catawba, five-year term. 25
(2) Second year: Commissioner from Iredell, five-year term. 26
(3) Third year: Commissioner from Lincoln, five-year term. 27
(4) Fourth year: Commissioner from Mecklenburg, five-year term. 28
(5) Fifth year: Commissioner from Catawba, five-year term. 29
(6) Sixth and succeeding years: appointments for five -year terms in rotation by 30
county in the order set out above. 31
(b) For the ini tial appointments, ea ch participating local government shall appoint one 32
commissioner to serve a four -year term and a second commissioner to serve a five -year term. 33
Except as otherwise provided for the initial appointments, each commissioner shall serve a 34
five-year term. 35
(c) Those commissioners appointed by parti cipating local governments in accordance 36
with subsection (b) of this section shall appoint one commissioner to a five -year term who shall 37
serve a one-year term as chair of the Commission. Each succeeding four years, the Commission 38
shall elect a new chair from the current commissioners to serve a one -year term. At the end of 39
each fourth year, the commissioners appointed by participating local governments in accordance 40
with subsection (b) of this section shall repeat the process of electing a chair as provided in this 41
subsection. 42
(d) Participating local governments shall appoint individuals who possess one or more of 43
the following qualifications: 44
(1) Has a primary residence adjoining Lake Norman. 45
(2) Has knowledge of boater safety protocols for all types of vessels. 46
(3) Has knowledge of water quality and aquatic vegetation management. 47
(4) Has experience in law enforcement. 48
(5) Has experience in public recreation management. 49
(6) Has experience in wildlife resources management. 50
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(e) No more than thirty -five percent (35%) of the commissioners serving at any given 1
time may reside in the same county. 2
(f) No commissioner serving at any time may own a controlling interest in a business 3
that is dependent on income generated from Lake Norman. No more than thirty -five percent 4
(35%) of the commissioners serving at any given time may do any of the following: 5
(1) Have an ownership interest in any property adjoining the shoreline area of 6
Lake Norman. 7
(2) Have an ownership interest in or be employed by any business that generates 8
income from Lake Norman. 9
(3) Have an ownership interest in or be employed by a business that has an 10
ownership interest in property adjoining the shoreline area of Lake Norman. 11
(g) Each commissioner shall complete a written disclosure statement by Jan uary 31 of 12
each year that identifies any conflicts of interest he or she has, including any conflicts identified 13
in subsection (f) of this section. These annual disclosures s hall be posted on a public website 14
maintained by the Commission by January 31 each year. 15
(h) The primary residence for all nine commissioners must be located in one of the four 16
counties and reside in such primary residence a minimum of nine months of every calendar year. 17
(i) In the event of death of a commissioner, resignation, incapacity or inability to serve, 18
as determined by the board appointing such the commissioner, or removal of the commissioner 19
for cause, as determined by the board appointing such the commissioner, the board affected may 20
appoint another commissioner to fill the unexpired term. 21
"§ 77-89.4. Compensation; budgetary and accounting procedures. 22
No commissioner shall receive compensation in the form of salary, wages, fees, or other 23
forms of compensation for serving as a commissioner. The joint resolution of the four counties 24
participating local governments shall state the terms relating to compensation to commissioners, 25
if any, the compensation of consultants and staff members employed by the Commission, and 26
reimbursement of expenses incurred by commissioners, consultants, and employees. The 27
Commission shall be is governed by such any budgetary and accounting procedures as may be 28
specified by joint resolution. 29
"§ 77-89.5. Organization and meetings. 30
(a) Upon creation of the Commission, its governing board shall meet at a time and place 31
agreed upon by the boards of the four counties concerned. participating local governments. The 32
commissioners shall elect a chairman chair and such any other officers as that they may choose. 33
choose, except that no commissioner may serve as chair for more than two consecutive terms. 34
All officers shall serve one -year terms. The governing board sha ll adopt such rules and 35
regulations as it may deem necessary, not inconsistent with the provisions of this Act Article or 36
of any joint resolution, for the proper discharge of its duties and for the governance of the 37
Commission. The chairman chair may appoi nt such committees as may be that have been 38
authorized by such rules and regulations. regulation. The Commission shall meet regularly at 39
such any times and places as may be specified in its rules and regulations or in any joint 40
resolution. Special meetings may be called as specified in the rules and regulations. 41
(b) The Commission is subject to the requirements of Chapter 132 of the General Statutes 42
and Article 33C of Chapter 143 of the General Statute s. All records produced or maintained by 43
the Commission are public records as defined in G.S. 132-1. The Commission shall maintain a 44
public website providing the public access to its public records. 45
"§ 77-89.6. Powers of Commission; administrative provision. 46
(a) Within the limits of funds available to it and subject to the provisions of this Act 47
Article and of any joint resolution, the Commission may:may do all of the following: 48
(1) Hire and Fix fix the compensation of permanent and temporary employees 49
and staff as it may deem that are necessary in carrying out its duties. 50
(2) Contract with consultants for such services as it may require.services. 51
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(3) Contract with the State of North Carolina or the Federal Government, federal 1
government, or any agency or department or subdivision thereof, for such 2
property or services as may be provided to or by such agencies, and carry out 3
the provisions of such contracts.or any other person. 4
(4) Contract with persons, firms, and corporations generally as to all matters over 5
which it has a proper concern, and carry out the provisions of such contracts. 6
(5)(4) Lease, rent, purchase, or otherwise obtain suitable quarters and office space 7
for its employees and staff, staff and lease, rent, purchase, or otherwise obtain 8
furniture, fixtures, aircraft, vessels, vehicles, firearms, uniforms, and other 9
supplies and equipment necessary or desirable for carrying out the duties 10
imposed in or under the authority of this Act.equipment. 11
(6)(5) Lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, 12
and replace, either on its own or in cooperation with other public or private 13
agencies or individuals, any of the following: parks, shoreline and water 14
recreational areas, swimming pools and swimming areas, marinas, fishing 15
piers, boat docks, boating and fishing access areas, navigation aids, waterway 16
markers, public information signs and notices, and other items of real and 17
personal property designed to enhance public recreation, public safety in Lake 18
Norman and its shoreline area, or protection of property in the shoreline area. 19
(6) Assess fees as provided in G.S. 77-89.9, except as limited by any other 20
provisions of State or federal law. 21
(7) Request the Department of Environmental Quality to add certain species of 22
vegetation and algae , as specifically applicable to Lake Norman and its 23
shoreline area, to the Aquatic Weed Control Program. 24
(b) The Commission may accept, receive, and disburse in furtherance of its functions any 25
funds, grants, services, or property made available by the Federal Government federal 26
government or its agencies or subdivisions, by the State Government or its agencies or 27
subdivisions, municipalities and towns or their agencies, or by private and civic sources. 28
(c) The boards of the four counties participating local governments, municipalities, and 29
towns bordering Lake Norman may appropriate funds to the Commission out of surplus funds or 30
funds derived from nontax sources. They may also appropriate funds out of tax revenues and 31
may also levy annually levy taxes for the payment of such the appropriation as a special purpose, 32
in addition to any allowed by the Constitution.purpose. 33
(d) The Commission shall be is subject to such any audit requirements as may be 34
specified in any joint resolution. 35
(e) In carrying out some or all of its duties and in either in addition to or in lieu of 36
exercising various provisions of the above authorizations, the The Commission may, with the 37
agreement of the board of the county concerned, utilize personnel and property of or assign 38
responsibilities to any officer or employee of any of the four counties. Such participating local 39
governments. A contribution in kind, if subst antial, may kind may, with the agreement of the 40
other three counties participating local governments, be deemed to substitute a substitute, in 41
whole or in part part, for the financial contribution required of such county the participating local 42
government in support of the Commission. 43
(f) Unless otherwise specified by joint resolution, each of the four counties participating 44
local governments shall annually contribute an equal financial contribution to the Commission 45
in an amount appropriate to support the activities of the Commission in carrying out its duties. 46
(g) Before the close of each fiscal year, the Commission shall prepare a budget for the 47
ensuing year for consideration by the boards of each participating local government for approval. 48
Upon receivin g the budget from the Commission, the board of each participating local 49
government shall consider the budget and make recommendations as to any changes it deems 50
advisable. Each participating local government shall complete its action on the Commission 's 51
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budget on or before the beginning of the Commission's fiscal year, or such later date as specified 1
by joint resolution. 2
"§ 77-89.7. Filing and publication of joint resolutions. 3
(a) A copy of the joint resolution creating the Commission and of any joint reso lution 4
amending or repealing the joint resolution creating the Commission shall be filed with the 5
Executive Director of the Wildlife Resources Commission. When the Executive Director 6
receives resolutions that are in substance identical from all four counties concerned, participating 7
local governments, the Executive Director shall within ten days so certify and distribute a 8
certified single resolution text to the following: 9
(1) The Secretary of State. 10
(2) The Director of the Department of Local Affairs. 11
(3)(2) The clerk to the board of each of the four counties. participating local 12
governments. 13
(4)(3) The clerk of superior court of each of the four counties. 14
(4) The Secretary of the Department of Commerce. 15
(5) The Secretary of the Department of Environmental Quality. 16
(6) A news outlet serving a general audience throughout the four counties. 17
Upon request, the Executive Director shall also send a certified single copy of any and all 18
applicable joint resolutions to the chairman chair of the Commission. 19
(b) Unless a joint resolution specifies a later date, it shall take takes effect when the 20
Executive Director's certified text has been submitted to the Secretary of State for filing. 21
Certifications of the Executive Director under the seal of the Commission as to the text or 22
amended text of any joint resolution and of the date or dates of submission to the Secretary of 23
State shall be are admissible in evidence in any court. Certifications by any clerk of superior 24
court of the text of any certified resolution fil ed with him the clerk by the Executive Director 25
shall also be are also admissible in evidence evidence, and the Executive Director's submission 26
of the resolution for filing to the clerk shall constitute constitutes prima facie evidence that such 27
the resolution was on the date of submission also submitted for filing with the Secretary of State. 28
Except for the certificate of a clerk as to receipt and date of submission, no evidence may shall 29
be admitted in court concerning the submission of the certifie d text of any resolution by the 30
Executive Director to any person other than the Secretary of State. 31
(c) Each participating local government shall incorporate a copy of the text of every joint 32
resolution in its local code of ordinances, as maintained in acc ordance with G.S. 153A-49 or 33
G.S. 160A-77. 34
"§ 77-89.8. Regulatory authority. 35
(a) Except as limited in subsection (b) below, by subsection (c) of this section, by 36
restrictions in any joint resolution, and or by other supervening provisions of law, the 37
Commission may make regulations applicable to Lake Norman and its shoreline area concerning 38
all matters relating to or affecting public recreation and water safety. area. These regulations may 39
shall not conflict with or supersede provisions of general or special Acts or of regulations of State 40
agencies promulgated under the authority of general law. State or federal law, or the exercise of 41
any authority granted under any permit or l icense issued by any State or federal agency. In lieu 42
of or in addition to passing regulations supplementary to State law and regulations concerning 43
the operation of vessels on Lake Norman, these regulations, the Commission may, after public 44
notice, request that the Wildlife Resources Commission pass local r egulations rules on this 45
subject in accordance with the procedure established in G.S. 75A-15. 46
(a1) Notwithstanding G.S. 75A-16.2, the Commission may require any person born on or 47
after January 1, 1988, to complete a boating education course , approved by the National 48
Association of Safe Boating Law Administrators (NASBL A) and accepted by the Wildlife 49
Resources Commission, to operate a motorized watercraft of 20 horsepower or greater on Lake 50
Norman. 51
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(b) Violation of any regulation of the Commission commandi ng or prohibiting an act 1
shall be a misdemeanor is punishable by a fine not to exceed five hundred dollars ($500.00) per 2
violation.Class 3 misdemeanor. 3
(c) The regulations promulgated under this Section take effect upon passage or upon such 4
dates as may be stipulated in the regulations except that no regulation may No regulation adopted 5
under this section shall be enforced unless adequate notice of the regulation has been posted in 6
or on Lake Norman or its shoreline area. Adequate notice as to a regulation affecting only a 7
particular location may be by a sign, uniform waterway marker, posted notice, or other effective 8
method of communicating the essential provisions of the regulation in the immediate vicinity of 9
the location in question. Where location. If a regulation applies generally as to Lake Norman or 10
its shoreline area, or both, there must shall be a posting of notices, signs, or markers 11
communicating the its essential provisions in at least three different places throughout the area. 12
(d) A copy of each regulation promulgated under this Section must adopted under this 13
section shall be filed by the Commission with the following persons: 14
(1) The Secretary of State, in accordance with G.S. 143-195 to - 198.State. 15
(2) The clerk of superior court of each of the four counties, in accordance with 16
G.S. 143-198.1.counties. 17
(3) The Executive Director of the Wildlife Resources Commission. 18
(4) The Director of the Department of Local Affairs. The Secretary of the 19
Department of Commerce. 20
(5) The Secretary of the Department of Environmental Quality. 21
(6) The General Manager of Water Strategy, Hydro Licensing & Lake Services 22
for the federal licensee of the Catawba-Wateree Hydro Project (FERC Project 23
No. 2232). 24
(e) Any official designa ted in subsection (d) above of this section may issue certified 25
copies of regulations filed with him under the seal of his office. Such the official. The certified 26
copies may be received in evidence in any proceeding. 27
(e1) Each participating local government shall incorporate a copy of the text of every 28
regulation adopted by the Commission in its local code of ordinances, as maintained in 29
accordance with G.S. 153A-49 or G.S. 160A-77. 30
(f) Publication and filing of regulations promulgated under this Section as required above 31
is adopted under this section are for informational purposes and shall not be are not a prerequisite 32
to their validity if they in fact have been duly promulgated, adopted, the public has been notified 33
as to the substance of the regulations, their substance, a copy of the text of all regulations is in 34
fact available to any person who that may be affected, and no party to any proceeding has been 35
prejudiced by any defect that m ay exist with respect to publication and filing. Rules and 36
regulations promulgated Regulations adopted by the Commission under the provisions of other 37
sections of this Act Article relating to internal governance of the Commission need not are not 38
required to be filed or published. Where If posting of any sign, notice, or marker or the making 39
of other communication is essential to the validity of a regulation duly promulgated, regulation, 40
it shall be is presumed in any proceeding that proper notice was given and maintained and the 41
burden shall lie lies upon the party asserting to the contrary to prove lack of adequate notice of 42
any the regulation. 43
(g) Under authorization of a joint resolution, and subject to the limitations of this section, 44
the Commission may regulate personal watercraft operation in Lake Norman and from its 45
shoreline.shoreline area. 46
"§ 77-89.10. Enforcement. 47
(a) Where If a joint resolution so provides, all law enforcement officers (or such any 48
officers as may be designated in the joint resolution) with territorial jurisdiction as to any part of 49
Lake Norman or its shoreline area shall, area, within the limitations of their subject matter 50
jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Norman 51
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and its shoreline area.area, including any applicable ordinances or regulations adopted by local 1
governments. 2
(b) Where a joint resolution so provides, the Commission may hire special officers to 3
patrol and enforce the laws on Lake Norma n and its shoreline area. Such special officers shall 4
have and exercise all the powers of peace officers generally within the area in question and shall 5
take the oaths and be subject to all provisions of law relating to law enforcement officers. 6
(c) Unless a joint resolution provides to the contrary, all courts in the four counties, within 7
the limits of their subject matter jurisdiction, shall have concurrent jurisdiction as to all criminal 8
offenses arising within the boundaries of Lake Norman and its shoreline area. 9
(d) Where If a law enforcement officer with jurisdiction over any part of Lake Norman 10
or its shoreline area is performing duties relating to the enforcement of the laws on Lake Norman 11
or in its shoreline area, he shall have such the officer also has any extra-territorial jurisdiction as 12
may be that is necessary to perform such these duties. These duties include investigations any of 13
the following: 14
(1) Investigations of crimes an officer reasonably believes have been, or are about 15
to be, committed within the area in question; traversing area. 16
(2) Traversing by reasonable routes from one portion of such the area to another 17
although across territory not within the boundaries of Lake Norman and its 18
shoreline area; conducting portion even if the route is not contained within the 19
area. 20
(3) Conducting prisoners in custody to such a court or detention facilities as may 21
be authorized by law, although this may involve going outside the area in 22
question; execution facility even if the court or facility is not within the area. 23
(4) Execution of process connected with any criminal offense alleged to have 24
been committed within the boundaries in question, except that such process 25
may not be executed by virtue of this provision area. This subdivision, 26
however, does not apply beyond the boundaries of the four continuing 27
counties;counties. 28
(5) Continuing pursuit of and arresting any violator or suspected violator as to 29
which whose grounds for arrest arose within the area in question. Where area. 30
(e) If any law enforcement officers are given additional territorial jurisdiction under the 31
provisions of this Section, this section, this shall be section is deemed an extension of the duties 32
of the office held and no officer shall take any additional oath or title of office. 33
(f) Each chief district magistrate of a district court distr ict that includes one or more of 34
the four counties shall assign a magistrate with primary responsibility for adjudicating matters 35
concerning regulations of the Commission. This magistrate may hear other matters as germane 36
to the magistrate's jurisdiction in addition to those related to regulations of the Commission. As 37
it relates to this magistrate: 38
(1) The magistrate and supporting staff shall establish its office and conduct its 39
business within the Town of Huntersville, Cornelius, or Davidson. 40
(2) The four counties shall use the office of this magistrate as best serves the 41
public interest. 42
(3) The office of the magistrate as provided in subdivision (1) of this subsection 43
shall be available to law enforcement and the public for a minimum of eight 44
business days each month." 45
SECTION 1.(d) Article 6B of Chapter 77 of the General Statutes, as enacted by 46
subsection (a) of this section and amended by subsections (b) and (c) of this section, is amended 47
by adding a new section to read: 48
"§ 77-89.9. Fees. 49
(a) Except as limited by any other provisions of State or federal law, the Commission 50
may assess fees related only to the following: 51
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(1) Participation in educat ion, training, or certification services provided by the 1
Commission. 2
(2) Use of facilities owned or operated by the Commission. 3
(3) Application for a permit administered by the Commission to regulate 4
privileged or special uses of Lake Norman and its shoreline area. 5
(b) In setting fee amounts to be charged for activities provided in subsection (a) of this 6
section, the Commission shall not do any of the following: 7
(1) Set a fee in an excessive amount that that is neither reasonable nor customary 8
for the services and privileges provided by the Commission. 9
(2) Set a fee in an amount that exceeds the Commission 's actual costs for the 10
service provided. 11
(3) Charge fees for general access to or use of Lake Norman or its shoreline area. 12
(4) Discriminate on the basis of race, color, sex, religious creed, or national origin. 13
(c) Each year by January 31 , the Commission shall produce a publicly available and 14
auditable report that includes an accounting of all of its fee collections and funding from other 15
sources compared to its program -specific expenses during the prior calendar year. This annual 16
financial report shall include adequate detail to determine that the Commission has met each of 17
the requirements of this section, accompanied by a formal written certification of the same by 18
the chair of the Commission. If there is a surplus of fee collections or funding in a given calendar 19
year, it shall be applied to program-specific expenses for the next calendar year." 20
SECTION 2. G.S. 138A-3 reads as rewritten: 21
"§ 138A-3. Definitions. 22
The following definitions apply in this Chapter: 23
… 24
(70) Public servants. – All of the following: 25
… 26
w. Commissioners appointed to the Lake Norman Marine Commission. 27
…." 28
SECTION 3 G.S. 77-113 reads as rewritten: 29
"§ 77-113. Membership; terms of office; eligibility for appointment; meetings. 30
(a) The Catawba/Wateree River Basin Advisory Commission shall be composed of 15 31
members as follows: 32
… 33
(10) One person to represent the following commissions, appointed jointly by the 34
three chief executive officers chairs of the commissions: the Lake Wylie 35
Marine Commission established pursuant to Article 4 of Chapter 77 of the 36
General Statutes, the Mountain Island Lake Marine Commission established 37
pursuant to Article 6 of Chapter 77 of the General Statutes, and the Lake 38
Norman Marine Commission established pursuant to Chapter 1089 of the 39
1969 Session Laws.Article 6B of Chapter 77 of the General Statutes. 40
… 41
(c) Each member appointed to the commissions pursuant to subdivisions (1) and (2) of 42
subsections (a) and (b) of this section shall serve at the pleasure of the appointing authority so 43
long as the member remains a Representative or Senator. Each member appointe d to the 44
commissions pursuant to subdivisions (3) and (4) of subsections (a) and (b) of this section shall 45
serve as provided by the General Assembly of South Carolina. Each member appointed to the 46
commissions pursuant to subdivisions (7) through (9) of sub section (a) and subdivisions (8) 47
through (10) of subsection (b) of this section shall serve for so long as the member continues in 48
the qualifying position or, if the member is a designee, at the pleasure of the designating 49
authority. Each member appointed to the commissions pursuant to subdivisions (6) and (10) of 50
subsection (a) and subdivisions (7) and (11) of subsection (b) of this section shall serve a term of 51
General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 697-Third Edition
two years and may be reappointed to serve no more than three consecutive full terms or 84 1
consecutive months, whichever is greater. The term of a person appointed to the commission 2
pursuant to subdivision (10) of subsection (a) of this section shall expire expires on 1 January of 3
even-numbered years. The term of a person appointed to the commission pursuant to subdivision 4
(6) of subsection (a) of this section shall expire expires on 1 January of odd-numbered years. The 5
term of a member who is appointed to the commissions pursuant to subdivisions (5) and (11) of 6
subsection (a) and subdivisions (5) and (6) of subsection (b) of this section shall serve as provided 7
by the General Assembly of South Carolina. An appointment to fill a vacancy on the commissions 8
shall be for the unexpired portion of the term. A vacancy on the commissions shall be filled in 9
the same manner as the original appointment. Members of the commissions who are appointed 10
from or reside in North Carolina may be removed by the Governor of North Carolina for 11
misfeasance, malfeasance, or nonfeasance, as provided in G.S. 143B-13. 12
… 13
(f) Each commission shall meet upon the call of the Chair. A majority of each 14
commission shall constitute constitutes a quorum for the transaction of business. 15
…." 16
SECTION 4.(a) Any joint resolution adopted by the four counties pursuant to 17
Chapter 1089 of the 1969 Session Laws, that is in effect immediately prior to the effective date 18
of this act, shall expire upon the adoption of a subsequent joint resolution by the participating 19
local governments consistent with the provisions of this act or September 30, 2025, whichever is 20
earlier. 21
SECTION 4.(b) The terms of the commissioners currently appointed to the 22
governing board of the Lake Norman Marine Commission shall expire on September 30, 2025. 23
SECTION 5. Upon the Lake Norman Marine Commission being reconstituted 24
pursuant to a joint resolution adopted by the participating local governments, all new 25
appointments to the governing board of the Lake Norman Marine Commission will be effective 26
on October 1, 2025. 27
SECTION 6. All rules, regulations, and decisions made by th e predecessor Lake 28
Norman Marine Commission, reconstituted in accordance with this act, shall remain in full force 29
and effect until and unless duly modified by the successor entity. 30
SECTION 7. Except as otherwise provided, this act is effective when it becomes 31
law. 32