Trees and Local Regulations in North Carolina

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Please read the Disclaimer and the Page Description before using this page.
The following are links to information on this page:

• Page Description
• State Laws Affecting Forestry
• Federal Laws Affecting Forestry

Page Description

The laws on this page may or may not apply to any particular situation involving private, nonindustrial forestland.

They are listed here, however, to make users aware that there are laws at the state and federal level that may apply throughout the state, regardless of the county or municipal jurisdiction in which the landowner resides. County and municipal ordinances may refer to these state and federal laws but they may also be separate and distinct additional layers of regulation that may apply to such land as well. These ordinances may have requirements also, where allowed, that are more strict then state or federal law. Please be sure to read the disclaimer before using this page and website.

State Laws Affecting Forestry

• Agriculture defined
  • North Carolina General Statutes
    Agriculture defined, N.C.G.S. § 106-581.1
    
    
• Bona-Fide Farms
  • North Carolina General Statutes
    Bona fide farm purposes, N.C.G.S. § 153A-340(b)(2)
    Special Note: The definition of bona fide farm purposes was modified to include the planting and production of trees and timber by Session Law 2006-259: see section 26.
    
    
• Clarify Regulation of Forestry
  • North Carolina General Assembly
    An Act to Clarify the Role of Counties and
    Cities in Regulating Certain Forestry Activities, Session Law 2005-447
    (See the codified provisions of this act in N.C.G.S. § 153-452 and N.C.G.S. § 160A-458.5, which are part of the planning and regulation of development authorities granted to counties and cities respectively.)
    Special Note: This legislation does not restrict the zoning and planning authorities of counties and municipalities over land uses within their planning jurisdictions.
    
    
• Coastal Area Management Act of 1974
  • North Carolina Division of Coastal Management
    CAMA Handbook for Development in Coastal North Carolina - Section 1
  • North Carolina General Statutes
    Coastal Area Management Act of 1974, N.C.G.S. §§ 113A-100 to 134.9
    
    
• Conservation and Historic Preservation Agreements Act
  • North Carolina General Statutes
    Conservation and Historic Preservation Agreements Act, N.C.G.S. §§ 121-35 to 42
    
    
• Agricultural Development and Farmland Preservation Enabling Act
  • North Carolina General Statutes
    North Carolina Agricultural Development and Farmland Preservation Enabling Act, N.C.G.S. §§ 106-735 to 749
    
    
• Felling of trees
  • North Carolina General Statutes
    Felling trees on telephone and electric-power wires, N.C.G.S. § 14-157
    
    
• Floodway regulation
  • North Carolina General Statutes
    Floodway regulation, N.C.G.S. § § 143-215.51 to 143-215.60
    
    
• Forest Development Act
  • North Carolina General Statutes
    Forest Development Act, N.C.G.S. §§ 113A-176 to 188
    
    
• Foresters
  • North Carolina General Statutes
    Foresters, N.C.G.S. Chapter 89B
    
    
• "North Carolina Endangered Species Act"
  • North Carolina Wildlife Resource Commission
    NC's State and Federally Listed Wildlife Species [PDF, 180kb]
  • Johnston County, North Carolina - Website
    Living With Endangered Species, A Guide for North Carolina Property Owners
  • North Carolina General Statutes
    Endangered and Threatened Wildlife and Wildlife Species of Special Concern, N.C.G.S. §§ 113-331 to 377
    
    
• Injury to trees
  • North Carolina General Statutes
    Injury to trees, crops, lands, etc., of another, N.C.G.S. § 14-128
    
    
• Landowner liability
  • North Carolina General Statutes
    Landowner liability, N.C.G.S. § § 38A-1 to 38A-4
    
    
• Mountain Ridge Protection Act of 1983
  • North Carolina General Statutes
    Mountain Ridge Protection Act of 1983, N.C.G.S. § § 113A-205 to 113A-219
    
    
• North Carolina Pesticide Law of 1971
  • North Carolina Department of Agriculture-Pesticide Section
    Laws and Regulations
  • North Carolina Division of Forest Resources
    NCDFR - BMPs for Chemical Application
  • North Carolina General Statutes
    North Carolina Pesticide Law of 1971, N.C.G.S. §§ 143-434 to 470.1
    
    
• North Carolina Prescribed Burning Act
  • North Carolina General Statutes
    North Carolina Prescribed Burning Act, N.C.G.S. §§ 113-60.40 to 60.45
    
    
• "Right-to-Farm", Nuisance Liability of Agriculture and Forestry Operations
  • North Carolina General Statutes
    Article 57, Nuisance Liability of Agriculture and Forestry Operations, N.C.G.S. §§ 106-700 to 705
    
    
• Obstructions in Streams
  • North Carolina General Statutes
    Obstructions in Streams, N.C.G.S. § 77.12
    
    
• Oil Pollution and Hazardous Substances Control Act of 1978
  • North Carolina General Statutes
    Oil Pollution and Hazardous Substances Control Act of 1978, N.C.G.S. §§ 143-215.75 to 94 (See § 143-215.77. Definitions.)
    
    
• Prelitigation Mediation of Farm Nuisance Disputes
  • North Carolina General Statutes
    Prelitigation mediation of farm nuisance disputes, N.C.G.S. § 7A-38.3
    
    
• "Present Use Value", Property Subject to Taxation
  • N.C. State Extension Forestry
    • North Carolina's Forestry Present Use Value Tax Program [PDF, 450kb]
    • Economics and Taxes Publications
  • North Carolina General Statutes
    • Agricultural, horticultural, and forestland – Definitions, N.C.G.S. § 105-277.2
    • Agricultural, horticultural, and forestland – Classifications, N.C.G.S. § 105-277.3
    • Agricultural, horticultural and forestland - Application; appraisal at use value; appeal; deferred taxes, N.C.G.S. § 105-277.4
    • Agricultural, horticultural and forestland - Notice of change in use,
      N.C.G.S. § 105-277.5
    • Agricultural, horticultural and forestland - Appraisal; computation of deferred tax, N.C.G.S. § 105-277.6
    • Use-Value Advisory Board, N.C.G.S. § 105-277.7
  • North Carolina Department of Revenue
    • 2011 Use-Value Manual for Agricultural, Horticultural and Forest Land [PDF, 3.5MB--Large Download]
    • Property Tax Forms and Publications
      

• Regulation of Open Fires
  • North Carolina General Statutes
    Regulation of Open Fires, N.C.G.S. §§ 113-60.21 to 60.31
    
    
• Removing timber
  • North Carolina General Statutes
    Cutting, injuring, or removing another's timber, N.C.G.S. § 135
    
    
• Taking of wild plants
  • North Carolina General Statutes
    Taking, etc., of certain wild plants from land of another, N.C.G.S. § 14-129
    
    
• Trespass on posted property
  • North Carolina General Statutes
    Trespassing Upon "Posted" Property to Hunt, Fish, Trap, or Remove Pine Needles/Straw, N.C.G.S. § § 14-159.6 to 159.10
    
    
• Trespass; First and Second Degree
  • North Carolina General Statutes
    First and Second Degree Trespass, N.C.G.S. §§ 14-159.11 to 159.14
    
    
• Natural and Scenic Rivers Act of 1971
  • North Carolina General Statutes
    Natural and Scenic Rivers Act of 1971, Components of system; management plan; acquisition of land and easements; inclusion in national system, N.C.G.S. § 113A-35.1
    
    
• North Carolina Sedimentation Pollution Control Act of 1973
  • North Carolina Cooperative Extension Service
    Maintaining the Forestry Exemption Under the Sedimentation Pollution Control Act
  • North Carolina Division of Forest Resources
    Maintaining the Forestry Exemption Under the Sedimentation Pollution Control Act
  • North Carolina General Statutes
    North Carolina Sedimentation Pollution Control Act of 1973, N.C.G.S. §§ 113A-50 to 71
    
    
• North Carolina Watersupply Watershed Protection Act
  • North Carolina General Statutes
    North Carolina Watershed Watershed Protection Act, N.C.G.S. § 143-214.5
    
    
• Planning - Counties
  • North Carolina General Statutes
    Territorial Jurisdiction, § 153A-320 et. seq.
    
    
  • North Carolina General Statutes
    Restriction of certain forestry activities prohibited, N.C.G.S. § 153A-452
    
    
    
• Zoning - Grant of Power; Counties
  • North Carolina General Statutes
    Grant of Power, N.C.G.S. § 153A-340
    
    
• Planning - Cities
  • North Carolina General Statutes
    Territorial Jurisdiction, N.C.G.S. § 160A-360 et. seq.
    
    
  • North Carolina General Statutes
    Restriction of certain forestry activities prohibited, N.C.G.S. § 160A-458.5
    
    
  • North Carolina General Statutes
    Voluntary Agricultural Districts, N.C.G.S. § 160A-383.2
    
    
  • North Carolina General Statutes
    Procedure for Annexation (Population Under 5,000 - See § 160A-37, Property Subject to Present-Use Value Appraisal, (f), (f1) to (f2))
    
    
  • North Carolina General Statutes
    Procedure for Annexation (Population Over 5,000 - See § 160A-49, Property Subject to Present-Use Value Appraisal, (f), (f1) to (f2))
    
    
• Zoning - Cities
  • North Carolina General Statutes
    Grant of Power, N.C.G.S. § 160A-381
    
    
  • North Carolina General Statutes
    Voluntary agricultural districts, N.C.G.S. § 160A-383.2

Federal Laws Affecting Forestry

• Clean Air Act
  • South Carolina Forestry Commission
    • SCFC Clean Air Act (Description of federal legislation)
  • United States Environmental Protection Agency
    • Clean Air Act
      
      
• Clean Water Act
  • South Carolina Forestry Commission
    • SCFC Clean Water Act (Description of federal legislation)
  • United States Environmental Protection Agency
    • Clean Water Act (CWA)
      
      
• Coastal Zone Act Reauthorization Amendments of 1990
  • Environmental Protection Agency
    • Forestry Chapter Factsheet - Coastal Nonpoint Source Pollution Program
    • Wetlands Chapter Factsheet
      
      
• Endangered Species Act
  • NOAA Fisheries - Office of Protected Resources
    • Endangered Species Act (ESA)
      
      
• Federal Insecticide, Fungicide, and Rodenticide Act
  • United States Environmental Protection Agency
    • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
      
      
• Food, Agriculture, Conservation, and Trade Act of 1990
  • United States Department of Agriculture Economics Research Service
    • Provisions of the Food, Agriculture, Conservation, and Trade Act of 1990
      
      
• Resource Conservation and Recovery Act
  • South Carolina Forestry Association
    • Regulations (Description of federal legislation; Cannot dispose of certain materials on-site)
  • United States Environmental Protection Agency
    • Resource Conservation and Recovery Act (RCRA) and Waste Contacts

URL: http://www.ces.ncsu.edu/nreos/forest/ordinance/laws.html
Page Last Updated: September 23, 2010