The provisions outlined in North Carolina senate bill SB220, Section 4, specifically the new Section 14-280.4, pose significant restrictions on public access to our waterways by making it a criminal offense for individuals to launch motorized or unmotorized watercraft from the right-of-way of a public highway or street, unless they are in designated public boating access areas. This measure effectively limits the ability of the public to access bodies of water that are often adjacent to public roads and streets, which have traditionally been accessible for recreational boating and other water activities.

**Section 4 of SB220 (Amendment to Article 36 of Chapter 14 of the General Statutes):**

"§ 14-280.4. Launching watercraft from right-of-way. 
Any person who willfully launches any motorized or unmotorized watercraft from the right-of-way of a public highway or street into a body of water adjacent to the right-of-way, except in public areas designated for boating access, is guilty of a Class 3 misdemeanor." 

This restriction runs contrary to the principles established under The Public Trust Doctrine, which holds that certain natural resources, including navigable waterways, are preserved for public use and cannot be unreasonably restricted by private interests or governmental entities. The Public Trust Doctrine ensures that citizens have a fundamental right to access and use these resources for activities such as navigation, fishing, and recreation. By enforcing such limitations on watercraft launches from public right-of-ways, this legislation undermines that fundamental public right and could restrict access to waterways that have historically been open for public enjoyment and use. This provision, therefore, could be seen as a violation of the public’s trust in the stewardship of shared natural resources.

The provisions in SB220, Section 4, present significant challenges to public access to North Carolina’s waterways. By restricting the ability to launch motorized and non-motorized watercraft from the right-of-way of public highways or streets—except in designated public boating access areas—this measure creates unnecessary barriers for individuals seeking to access bodies of water. This will disproportionately impact local residents who rely on these areas to engage in hunting, fishing, and recreational boating. For many North Carolinians, these public right-of-ways offer convenient access points to rivers, lakes, and coastal areas. The limitations imposed by this provision will make it far more difficult for individuals across the state, especially those without easy access to designated public boat launches, to enjoy the waterways that belong to all of us.

This restriction is particularly problematic when considering the bills title suggest this is a recommendation from North Carolina Wildlife Resources Commission (NCWRC). Contrary to what the bill’s title suggests, the NCWRC has not endorsed such restrictions on watercraft access and, in fact, typically advocates for policies that promote public access to natural resources. Rather than curbing access to waterways, the state should be seeking ways to enhance opportunities for public enjoyment and preserve the rights of North Carolinians to utilize these shared resources.

Furthermore, the bill’s language conflicts with the foundational principles of The Public Trust Doctrine, which holds that navigable waterways are public resources that must remain accessible to all. By restricting access to these waters, particularly in areas historically open for use, the bill undermines the public’s trust in the management and stewardship of these shared natural resources.

Given the negative impact this provision will have on public access and its misalignment with the recommendations from the NCWRC, it is essential that this section be removed from the bill. Access to North Carolina’s waterways is a fundamental right for its citizens, and this measure is a step backward in ensuring that all North Carolinians can enjoy and benefit from these vital public resources.