NC General Statutes

N.C. Gen. Stat. § 14-128 (2026)

Injury to trees, crops, lands, etc., of another

✓ current as of July 2026

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Any person, not being on his own lands, who shall without the consent of the owner thereof, willfully commit any damage, injury, or spoliation to or upon any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being thereon, or who cuts, breaks, injures, or removes any tree, plant, or flower, shall be guilty of a Class 1 misdemeanor: Provided, however, that this section shall not apply to the officers, agents, and employees of the Department of Transportation while in the discharge of their duties within the right-of-way or easement of the Department of Transportation. (Ex. Sess. 1924, c. 54; 1957, c. 65, s. 11, c. 754; 1965, c. 300, s. 1; 1969, c. 22, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1993, c. 539, s. 68; 1994, Ex. Sess., c. 24, s. 14(c).)

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Cain v. North Carolina Dep't of Transp., 560 S.E.2d 584 (N.C. Ct. App. 2002).

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Cain v. North Carolina Dep't of Transp., 560 S.E.2d 584 (N.C. Ct. App. 2002). · cites it 2× “Petitioner presents two new arguments on appeal: (1) recent changes to the administrative code provisions related to outdoor advertising show that the permit at issue was unfairly revoked; and (2) NCDOT has ample means to protect against illegal cutting on the right-of-way…”

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