Lincoln County, NC Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Code § 91.50
- Fine
- $200 per offense
- Offense class
- Class 3 misdemeanor
- Scope
- Private property only, not public loitering
- Enforcing agency
- Lincoln County Sheriff's Office
Summary
Lincoln County does not ban loitering on public property; instead, § 91.50 makes it a trespass to loiter, hunt, fish, trap, or ride an ATV on someone else's private land without written permission. Violators face a Class 3 misdemeanor and a mandatory $200 fine, with each day of continued presence a separate offense.
A person commits the offense of trespass if, without written authorization, the person enters or remains on the property of another, including the land, water, ponds, or legally established waterfowl blind of another, for the purpose of hunting, fishing, trapping, loitering or operating an all-terrain vehicle. The person must have proof of written authorization in their possession while on the property, which may be provided to any law enforcement officer or property owner. ... (B) Classification. A violation of this section shall be considered a Class 3 misdemeanor and shall require the payment of a fine in the amount of $200. (C) Continuing violation. Each day a violation continues shall be deemed a separate offense under this section.
Full Breakdown
50, adopted December 19, 2022, makes it an offense to enter or remain on another person's property, including land, water, ponds, or a lawfully established waterfowl blind, for the purpose of hunting, fishing, trapping, loitering, or operating an all-terrain vehicle, unless the person carries written authorization and can produce it for a law enforcement officer or the property owner. 50(C) makes each day the trespass continues a separate offense. 51 gives an accused person a compliance defense at trial: proof of no new alleged violation within 30 days of the initial one, or proof of a good-faith effort to get help for underlying unemployment, homelessness, mental health, or substance abuse issues connected to the violation, can defeat the charge.
52 assigns enforcement to the County Sheriff's Office or any other law enforcement agency with subject-matter jurisdiction. The ordinance targets loitering specifically as trespass on private land; the county code does not separately restrict loitering on sidewalks, in parks, or on other public property in the unincorporated area.
Violations & Fines
A conviction is a Class 3 misdemeanor with a fixed $200 fine under § 91.50(B), and § 91.50(C) treats every additional day of continued trespass as its own chargeable offense, so repeated presence on the same property can produce multiple citations from the Sheriff's Office.
Frequently Asked Questions
Is loitering illegal in unincorporated Lincoln County?
What is the penalty for loitering-as-trespass under § 91.50?
Is there a defense to a § 91.50 loitering-trespass charge?
Sources & Official References
Other rules in Lincoln County
Compare Lincoln County to another location·View the North Carolina public conduct overview
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