N.C. Gen. Stat. » Chapter 113
NC General Statutes

N.C. Gen. Stat. § 113-8 (2026)

Powers and duties of the Department

✓ current as of July 2026
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The Department shall make investigations of the natural resources of the State, and take such measures as it may deem best suited to promote the conservation and development of such resources.

It shall have the protection of lands and water supplies; it shall also have the care of recreational areas now owned or to be acquired by the State, including the lakes referred to in G.S. 146-7.

It shall make such examination, survey and mapping of the geology, mineralogy and topography of the State, including their industrial and economic utilization, as it may consider necessary; make investigations of water supplies and water powers, prepare and maintain a general inventory of the water resources of the State, and take such measures as it may consider necessary to promote their development.

It shall have the duty of enforcing all laws relating to the conservation of marine and estuarine resources.

The Department may take such other measures as it may deem advisable to obtain and make public a more complete knowledge of the State and its resources, and it is authorized to cooperate with other departments and agencies of the State in obtaining and making public such information.

The Department may acquire such real and personal property as may be found desirable and necessary for the performance of the duties and functions of the Department and pay for same out of any funds appropriated for the Department or available unappropriated revenues of the Department, when such acquisition is approved by the Governor and Council of State. The title to any real estate acquired shall be in the name of the State of North Carolina for the use and benefit of the Department. (1925, c. 122, s. 9; 1927, c. 57; 1947, c. 118; 1957, c. 753, s. 4; c. 1424, s. 2; 1965, c. 957, s. 11; 1973, c. 1262, ss. 28, 86; 1977, c. 198, ss. 16, 17; c. 771, s. 4; 1989, c. 727, s. 33; 2011-145, s. 13.25(j); 2015-241, s. 14.30(nn).)

 

Notes of Decisions
Cited in 5 cases, 1958–1991 · leading case: In Re the Appeal From the Civil Penalty, 379 S.E.2d 30 (N.C. 1989).
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In Re the Appeal From the Civil Penalty, 379 S.E.2d 30 (N.C. 1989). · cites it 5× “” N.C.G.S. § 113-8 para. 4 (1987). One of these laws is the Sedimentation Pollution Control Act of 1973.”
In re the Appeal from the Civil Penalty Assessed for Violations of the Sedimentation Pollution Control Act Administered by the Dep't of Nat. Resources & Cmty. Dev. by Harris, 373 S.E.2d 572 (N.C. Ct. App. 1988). · cites it 4× “he agency created? (2) Which peculiarly “judicial” power has the General Assembly attempted to vest in the agency? and (3) Is the Legislature’s grant of such judicial power reasonably necessary as an incident to the accomplishment of the purposes for which the agency was…”
Woodlief v. Johnson, 330 S.E.2d 265 (N.C. Ct. App. 1985). “The North Carolina Department of Natural Resources and Community Development has the exclusive authority to develop rules and regulations and to issue permits for the construction and use of piers and boat ramps on White Lake.”
Cooper v. United States, 779 F. Supp. 833 (E.D.N.C. 1991). · cites it 2× “XIV, § 5; N.C.Gen.Stat. §§ 113-8, 113-34. As applied to beach property, the public trust doctrine protects the public’s right to freely use and enjoy state-owned property — the wet sand beach.”
Williams v. McSwain, 102 S.E.2d 464 (N.C. 1958). “146-7, operated as one of the State’s parks pursuant to G.S. 113-8. The Department of Conservation and Development, acting under G.”
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