Periodic Review of Existing Rules and Rule Amendments - 07 NCAC 13C: NC Division of Parks and Recreation

Submitted by khsmith1 on Tue, 10/04/2022 - 11:38

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review was completed by DNCR and initial determinations made regarding rule classifications. Rules classified as “necessary with substantive public interest” are required to go through the readoption process. The Department's rules are being reviewed on a schedule established by the N.C. Rules Review Commission.

The Department of Natural and Cultural Resources' rules are located by subchapters in Title 7 of the N.C. Administrative Code. More specifically, the rules available now for public comment are located in subchapter 13C.

Notice of Text

Subsequently, the following rules are being proposed for readoption with substantive changes in accordance with the rules review process:

The following rules are being proposed for repealed through readoption because they are no longer necessary given the proposed changes in the readopted rules:

The following rules are being proposed for amendment to reflect current operations:

If you have questions regarding the rule-making process, contact Jonathan Avery (DNCR's Assistant General Counsel and Rulemaking Coordinator) by email at jonathan.avery@ncdcr.gov or at (919) 814-6771. If you would like to be notified of updates regarding changes to rules in DNCR, please mail a written request to Secretary of Natural and Cultural Resources D. Reid Wilson, 4610 Mail Service Center, Raleigh, NC 27699-4610 or contact the Rulemaking Coordinator by email at jonathan.avery@ncdcr.gov or at (919) 814-6771.

The public may provide comments for each rule, which will be sent electronically to the administrator at the agency responsible for collecting the comments for each subchapter. A public comment is defined as a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(a)(5)). In order for a comment to be considered by the Rules Review Commission, the comment must address the content of the rule. See N.C. Gen. Stat. §150B-21.3A(c) for details. A public comment has merit if it addresses the specific substance of the rule and relates to any of the standards for review by the Rules Review Commission set forth in G.S. 150B-21.9(a).

To submit a written comment regarding a rule, click the link to the web comment form below and fill in the relevant fields. A public hearing to accept oral comments will be conducted on December 6, 2022 from 1PM-2PM by calling 919-814-6771.

Any person who objects to the adoption of one of the proposed rules below may submit written comments to DNCR by emailing the Rules Coordinator at jonathan.avery@ncdcr.gov. If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.

Comments are due no later than Friday, December 16, 2022.