NORTH CAROLINA CAVE PROTECTION LAW

(1987)

North Carolina CAVE LAW GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION

RATIFIED BILL CHAPTER 449 HOUSE BILL 1061 AN ACT TO PROTECT CAVES.

The General Assembly of North Carolina enacts:

Section 1. Chapter 14 of the General Statutes of North Carolina is amended by adding a new

Article to read: Article 22B. Caves Protection Act. 14-159.20.

Definitions.

The terms listed below have the following definitions as used in this Article, unless the context

clearly requires a different meaning:

(1) 'Cave' means any naturally occurring subterranean cavity. The word 'cave' includes or is

synonymous with cavern, pit, well, sinkhole, and grotto;

(2) 'Commercial cave' means any cave with improved trails and lighting utilized by the owner for

the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is

collected for entry;

(3) 'Gate' means any structure of device located to limit or prohibit access or entry to any cave;

(4) 'Person' means any individual, partnership, firm, association, trust or corporation;

(5) 'Speleothem' means a natural mineral formation or deposit occurring in a cave. This includes

or is synonymous with stalagmites, stalactites, helectites, anthodites, gypsum flowers, needles,

angel's hair, soda straw, draperies, bacon, cave pearls, popcorn (coral), rimstone dams,

columns, palettes, and flowstone. Speleothems are commonly composed of calcite, epsomite,

gypsum, aragonite, celestite and other similar minerals; and

(6) 'Owner' means a person who has title to land where a cave is located, including a person

who owns title to a leasehold estate in such land.

14-159.21. Vandalism; penalties.

It is unlawful for any person, without express, prior, written permission of the owner, to willfully

or knowingly:

(1) Break, break off, crack, carve upon, write, burn or otherwise mark upon, remove, or in any

manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material

therein, including speleothems;

(2) Disturb or later in any manner the natural condition of any cave;

(3) Break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction

designed to control or prevent access to any cave, entrance thereto may not be gained. Any

person violating a provision of this section shall be guilty of a misdemeanor, punishable by a

fine of not less than one hundred fifty dollars ($150.00) or more than five hundred dollars

($500.00), imprisonment for not less than 10 days or more than six months, or both.

14-159.23. Limitation of liability of owners and agents.

The owner of a cave, and his agents and employees, shall not be liable for any injury to, or for

the death of unless it is established that the injury, death, loss, or damage occurred as a result

of gross negligence, wanton conduct, or intentional wrongdoing. The limitation of liability

provided by this section applies only with respect to injury, death, loss, or damage occurring

with in a cave, or in connection with entry into or exit from a cave, and applies only with respect

to persons to whom no charge has been made for admission to the cave."

Section 2. This act shall become effective October 1, 1987, and shall apply to offenses

occurring on and after that date. In the General Assembly read three times and ratified this the

23rd day of June 1987.