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HB 887

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2026 Regular Session Introduced by Susan Valdés

Establishes a statewide framework authorizing the removal, relocation, and disposal of abandoned and derelict vessels by the state and cooperating agencies to protect safety, navig

1st Reading (Original Filed Version)
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Bill Summary · HB 887

Summary — HB 887: Address Abandoned and Derelict Vessels

Status (as provided)
- Bill title: "Address Abandoned and Derelict Vessels" (House Bill 887)
- Jurisdiction: North Carolina General Assembly (Session 2025)
- Sponsor(s): Representative Miller (primary); later editions list Miller and Cairns as primary sponsors.
- Current procedural status (from document): Passed 1st Reading; referred to State & Local Government (if favorable, Rules...). Multiple committee actions and readings are recorded in the bill file.

Purpose
- Establish a clear statewide framework for defining, identifying, relocating, removing, storing, and disposing of abandoned and derelict vessels in North Carolina waters and on public or private land. The bill aims to protect public safety, navigation, property, and the marine environment by giving a State agency (the “Commission”) and cooperating law enforcement explicit authority to act on such vessels.

Key provisions and changes
- Definitions and recodification:
- Revises/recodifies several definitions in G.S. 75A-2 (e.g., “abandoned vessel,” “derelict vessel,” “days,” “unattended,” “vessel emergency”).
- “Abandoned vessel” includes a vessel left moored/anchored/located for more than 30 consecutive days on public lands, submerged lands, waters of the State, or on private property without written permission, and relinquished by the lawful owner.
- “Derelict vessel” means an unattended vessel in wrecked, junked, listing, sinking, inoperable or otherwise significant disrepair that may affect seaworthiness, public safety, or the environment.
- “Unattended” includes failing to respond to a posting or citation left by a law enforcement officer.

  • New Article (Article 5) added to Chapter 75A — Abandoned and Derelict Vessels:

    • Scope (§75A-50): Applies statewide to waters and public/private land.
    • Authority to act (§75A-50(b)–(c)): Wildlife protectors, inspectors, and other law enforcement with jurisdiction — and their contractors/agents — may remove, relocate, or dispose of abandoned/derelict vessels. The Commission may use or contract for staff, equipment, and services and may partner with federal/state/local agencies.
    • Liability protection (§75A-50(d)): The Commission, cooperating agencies, contractors, and agents are shielded from liability for damage to vessels caused by removal/relocation except where damage results from gross negligence or willful misconduct.
    • Preemption/coordination (§75A-50(e)): Where there are conflicts with local acts/ordinances regarding vessel removal, this Article controls with respect to Commission actions and its contractors/partners.
    • Historic shipwreck exception (§75A-50(f)): Does not apply to shipwrecks and underwater artifacts under Department of Natural and Cultural Resources (DNCR) custody (unclaimed >10 years); those remain subject to Chapter 121 salvage rules.

  • Anchoring, docking, mooring rules (§75A-52):

    • Land: Unlawful to dock, beach, or ground a vessel on public or private land beyond the 30‑day abandonment period without permission of the landowner or controlling governmental agency.
    • Water: Unlawful to anchor, moor, dock, leave adrift, or ground a vessel in State waters for more than 10 days in any 30‑day period except at private docks, marinas, or permitted mooring points.
    • Duty of care: Owners/operators jointly responsible for securing vessels to prevent damage to public trust waters, habitat, or others’ property; property owners may recover damages from negligent vessel owners/operators.
    • Deemed allowed period & notice: First 10 days in any 30‑day period are treated as allowed for provisioning/repairs/recreation unless revoked for reasons such as dragging anchor, unauthorized mooring, or lack of valid registration. Commission must post notice on violative vessels; if owner fails to respond/abate within 10 days, Commission may relocate/remove the vessel.

  • Abandonment prohibition (§75A-54 starts): Makes it unlawful to abandon vessels in State waters or on public/private land; provides an exception for genuine vessel emergencies (text truncated in document but includes immediate notification duties for persons who abandon due to emergency).

Who is affected
- Vessel owners and operators (reduced tolerance for prolonged anchoring and for leaving vessels unattended).
- Private landowners and marinas (written permission rules; ability to recover damages).
- State Commission referenced in statute and cooperating law enforcement (new operational and enforcement responsibilities and powers).
- Contractors and salvage/removal firms (may be engaged under contract; protected from liability absent gross negligence).
- Public safety, navigation, and environmental interests (intended benefits).

Potential impacts / considerations
- Environmental and safety benefits: Expected to reduce navigational hazards, pollution risks, and property damage from abandoned/derelict vessels.
- Enforcement and fiscal impact: The Commission is authorized to act and to contract for services; the bill includes a liability shield to encourage removals. The bill text in the provided document does not include explicit funding, fee, or cost‑recovery mechanisms for removal, storage, or disposal costs (those provisions may appear later in the full bill).
- Conflicts with local ordinances: State law would preempt local laws in actions taken by the Commission or its partners.
- Owners’ rights and procedural protections: Owners receive posted notice and a 10‑day window to respond or abate before removal (per sections provided).

Procedural/timeline notes
- The bill creates/recodifies statutory definitions and adds a new Article (Article 5) to Chapter 75A; the document shows the First Edition and later procedural entries. As provided, the bill had passed a first reading and been referred to State & Local Government (further committee actions are in the bill file). The text posted above is the bill as introduced in NC (First Edition); portions of the official file are truncated — interested readers should consult the official North Carolina General Assembly bill page for the latest enacted text and current status.

For full text, final enacted language (if passed), or details about cost recovery, penalties, and administrative procedures, consult the official bill file and enacted statute once available.

Compiled from official sources — confirm details with the bill’s official record.

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