North Carolina SB 220: Protect Private Property Rights.-AB

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 220
Agriculture, Energy, and Environment Committee Substitute Adopted 4/8/25

Short Title: Protect Private Property Rights.-AB (Public)
Sponsors:
Referred to:
March 17, 2025
*S220-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE THE LAWS PERTAINING TO TRESPASS UPON PROPERTY TO 2
HUNT, FISH, OR TRAP, AS RECOMMENDED BY THE WILDLIFE RESOURCES 3
COMMISSION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) The title of Article 22A of Chapter 14 of the General Statutes reads 6
as rewritten: 7
"Trespassing Upon "Posted" and "Unposted" Property to Hunt, Fish, Trap, or Remove Pine 8
Needles/Straw." 9
SECTION 1.(b) G.S. 14-159.6 reads as rewritten: 10
"§ 14-159.6. Trespass for purposes of hunting, etc., without written consent a 11
misdemeanor; defense. 12
(a) Any person who willfully goes on the land, waters, ponds, or a legally established 13
waterfowl blind of another that has been posted in accordance with the provisions of 14
G.S. 14-159.7, to access public trust waters from land, hunt, fish or trap without written 15
permission of the landowner, lessee, or his agent shall be the property owner or a lessee or agent 16
of the property owner is guilty of a Class 2 misdemeanor. Written permission shall be carried on 17
one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months. The 18
written permission shall be displayed upon request of any law enforcement officer of the Wildlife 19
Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general 20
subject matter jurisdiction. A person shall have written permission for purposes of this section if 21
a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land 22
and the person is carrying both a current membership card demonstrating the person's 23
membership in the club and a copy of written permission granted to the club that complies with 24
the requirements of this section. 25
(a1) Any person who willfully goes on the land, waters, ponds, or a legally established 26
waterfowl blind of another that is not posted in accordance with the provisions of G.S. 14-159.7 27
to access public trust waters from land, hunt, fish, or trap without written permission from the 28
property owner or a lessee or agent of the property owner is guilty of a Class 3 misdemeanor. 29
(b) Any person who willfully goes on the land of another that has been posted in 30
accordance with the provisions of G.S. 14-159.7(1), to rake or remove pine needles or pine straw 31
without the written consent permission of the owner or his the owner's agent shall be guilty of a 32
Class 1 misdemeanor. 33
(b1) For purposes of demonstrating compliance with subsections (a), (a1), and (b) of this 34
section, written permission must be (i) carried on one's person, signed by the landowner, lessee, 35
or agent, and dated within the last 12 months and (ii) displayed upon request of any law 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 220-Second Edition
enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other 1
law enforcement officer with general subject matter jurisdiction. A person shall also be 2
considered to have written permission for purposes of this section if a landowner, lessee, or agent 3
has granted permission to a club to access public trust waters, hunt, fish, or trap on the land and 4
the person is carrying both a current membership card demonstrating the person's membership in 5
the club and a copy of written permission granted to the club that complies with the applicable 6
requirements of this subsection. 7
(c) It is an affirmative defense to a prosecution under subsection (a) or (b) (a), (a1), or 8
(b) of this section that the person had in fact obtained prior written permission of the owner, 9
lessee, or agent as required by those subsections but did not have on his or her person valid 10
written permission at the time of citation or arrest." 11
SECTION 2. G.S. 113-276.3 reads as rewritten: 12
"§ 113-276.3. Mandatory suspension of entitlement to license or permit for fixed period 13
upon conviction of specified offenses. 14
(a) Upon conviction of a suspension offense under this section, the defendant's 15
entitlement to any license or permit applicable to the type of activity the defendant was engaging 16
in that resulted in the conviction is suspended for the period stated in subsection (d) or (f) of this 17
section. The period of suspension begins: 18
(1) Upon the surrender to an authorized agent of the Wildlife Resources 19
Commission of all applicable licenses and permits; or 20
(2) If no licenses or permits are possessed, the defendant fails or refuses to 21
surrender all licenses or permits, or any license or permit is lost or destroyed, 22
upon the Executive Director's placing in the mail the notification required by 23
subsection (c). 24
... 25
(d