GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-231
HOUSE BILL 762
AN ACT to protect landowner rights.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-159.6 reads as rewritten:
"§ 14-159.6. Trespass for purposes of hunting, etc., without written consent a misdemeanor.
(a)
Any person who willfully goes on the land, waters, ponds, or a legally
established waterfowl blind of another upon which notices, signs or posters
prohibiting hunting, fishing or trapping have been placed in accordance with
the provisions of G.S. 14-159.7, or upon which "posted" notices
have been placed that has been posted in accordance with the
provisions of G.S. 14-159.7, to hunt, fish or trap without the written
consent permission of the owner landowner,
lessee, or his agent shall be guilty of a Class 2 misdemeanor. Provided,
further, that no arrests under authority of this subsection shall be made
without the consent of the owner or owners of said land, or their duly
authorized agents in the following counties: Halifax and Warren. Written
permission shall be carried on one's person, signed by the landowner, lessee,
or agent, and dated within the last 12 months. The written permission shall be
displayed upon request of any law enforcement officer of the Wildlife Resources
Commission, sheriff or deputy sheriff, or other law enforcement officer with
general subject matter jurisdiction. A person shall have written permission for
purposes of this section if a landowner, lessee, or agent has granted
permission to a club to hunt, fish, or trap on the land and the person is
carrying both a current membership card demonstrating the person's membership
in the club and a copy of written permission granted to the club that complies
with the requirements of this section.
(b)
Any person who willfully goes on the land of another upon which notices,
signs, or posters prohibiting raking or removing pine needles or pine straw
have been placed in accordance with the provisions of G.S. 14-159.7, or
upon which "posted" notices have been placed that has been
posted in accordance with the provisions of G.S. 14-159.7, G.S. 14-159.7(1),
to rake or remove pine needles or pine straw without the written consent of
the owner or his agent shall be guilty of a Class 1 misdemeanor.
(c) It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest."
SECTION 2. G.S. 14-159.7 reads as rewritten:
"§ 14-159.7. Regulations as to posting of property.
For purposes of posting property under G.S. 14-159.7, the owner or lessee of the property may use either of the following methods:
(1)
The owner or lessee of the property may place notices, signs, or posters on
the property. The notices, signs or posters described in G.S. 14-159.6
shall measure not less than 120 square inches and shall be conspicuously
posted on private lands not more than 200 yards apart close to and along the
boundaries. At least one such notice, sign, or poster shall be posted on each
side of such land, and one at each corner thereof, provided that said corner
can be reasonably ascertained. For the purpose of prohibiting fishing, or the
taking of fish by any means, in any stream, lake, or pond, it shall only be
necessary that the signs, notices, or posters be posted along the stream or
shoreline of a pond or lake at intervals of not more than 200 yards apart.
(2) The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet from the base of the tree or post. The paint marks shall be placed no more than 100 yards apart and shall be readily visible to any person approaching the property. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the paint marks be placed along the stream or shoreline of a pond or lake at intervals of not more than 100 yards apart."
SECTION 3. G.S. 14-159.10 reads as rewritten:
"§
14-159.10. Enforcement of Article by peace officers; wildlife
protectors authorized to execute process.Article.
This Article may be enforced by deputy
sheriffs sheriffs or deputy sheriffs, law enforcement officers of the
Wildlife Resources Commission, and other peace officers with general
subject matter jurisdiction. Law-enforcement officers of the North Carolina
Wildlife Resources Commission may execute process issued by the court for
violations of this Article."
SECTION 4. This act becomes effective October 1, 2011, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 15th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 12:44 p.m. this 23rd day of June, 2011