"The definition is republished here for convenience only and the definition set out in G.S. § 20-4.01(7a), as amended from time to time, is controlling for all purposes."
That sentence appears in Section 70.01 of the Duck Town Code, right after the town's definition of an electric assisted bicycle. For years it made no practical difference, because the local text and the state text said the same thing. On December 1, 2026, the state text changes. Because of that sentence, the rules on the six-mile Duck Trail along Duck Road change the same day, whether or not Duck Town Council ever takes them up.
The definition Duck borrowed is being rewritten
Duck's code spells out a familiar standard. A legal e-bike has two or three wheels, a seat, working pedals, and an electric motor of no more than 750 watts, and it cannot go faster than 20 mph on a level surface on motor power alone. The code then says that its own wording is a courtesy copy and that the state statute governs.
The code's other definitions build on that one. Duck bars every "motorized vehicle" from the multi-use pedestrian path, but it excludes electric assisted bicycles from that term when they are ridden on the path. So whatever counts as an electric assisted bicycle under state law is allowed on the trail by default.
House Bill 1094 is a wide-ranging transportation bill. Gov. Josh Stein signed it on July 7, 2026, and the General Assembly lists it as Session Law 2026-46. Section 19 rewrites the e-bike definition to match the federal one, sorting e-bikes into three classes. The legislative summary says the change takes effect December 1, 2026.
Three classes replace one standard
Under the new statute, each class is defined by when the motor helps and when it stops:
- Class 1 helps only while the rider pedals and stops helping at 20 mph.
- Class 2 can move the bike without pedaling and stops helping at 20 mph.
- Class 3 helps only while the rider pedals and stops helping at 28 mph.
The 750-watt motor limit stays. The old wording about a 20 mph top speed on motor alone is replaced by these class cutoffs. The law also allows e-bikes on multiuse paths statewide "except as otherwise regulated by local governments."
Taken together, here is what that means for Duck. The town's code adopts whatever the state definition says, and the state definition now includes pedal-assist bikes that help up to 28 mph. Under the code as written today, those Class 3 bikes become electric assisted bicycles on the Duck Trail on December 1. Today the town's guidance tells riders that any e-bike capable of going faster than 20 mph is illegal in Duck and is treated as a motorcycle. The statute itself recognizes a faster class.
Where the town's posted guidance falls behind
The Town of Duck's pedestrian, bicycle and e-bike safety page was written under the current statute. Unless it is updated before December 1, it will describe a standard the state no longer uses.
| Topic | Duck's e-bike page today | State law from Dec. 1, 2026 |
|---|---|---|
| What counts as an e-bike | Up to 750 watts, no more than 20 mph on motor alone | Up to 750 watts, sorted into Class 1, 2 or 3 |
| Top assisted speed | Anything capable of more than 20 mph is treated as illegal | Class 3 pedal-assist helps up to 28 mph |
| Helmets | Required under age 16 | Under-16 rule continues; helmets also required for riders and passengers under 18 on Class 3 |
| Who decides path rules | Town ordinance | Towns may restrict classes, set speed limits and require helmets on Class 1 and 2 for under-18 riders |
The helmet row is the easiest to misread. The current rule makes it unlawful for a parent or guardian to knowingly let a child under 16 ride without a helmet, and that rule sits in a separate statute, G.S. 20-171.9. HB 1094 adds to it. Riders and passengers under 18 on Class 3 bikes must wear helmets statewide, and local governments may require helmets for under-18 riders on Class 1 and Class 2 bikes.
What stays exactly where it is
Several Duck rules do not depend on the state definition, and they carry over unchanged.
The Village sidewalks. Section 70.02(B) bars motorized vehicles and electric assisted bicycles from the concrete pedestrian sidewalks in the Central Village Commercial Area. The code marks that area by the crosswalks at 1174 and 1264 Duck Road. The town's page uses landmarks most people know, from the Aqua Restaurant crosswalk at the south end of the Village to the Sunset Grille and Raw Bar crosswalk at the north end. It goes further than the code, saying all bicycles must use the designated bike lane next to Duck Road in that stretch. The town installed those sidewalks and bike lanes on both sides of Duck Road in 2018.
The reckless-riding rule. Section 70.03 makes it unlawful to ride an e-bike on the path, a public street or another public area recklessly, faster than is reasonably proper, or in a way that endangers people or property. The civil penalty is $50. The rule sets no number. Duck has no fixed e-bike speed limit on the trail, so "reasonably proper" is the only speed standard, and it applies to a 28 mph bike the same way it applies to a 20 mph bike.
Trail etiquette. On the town's trail guidance, pedestrians have the right-of-way, and cyclists pass on the left and warn the people they are passing. E-scooters, golf carts, low-speed vehicles, mopeds and Segways remain prohibited on both the sidewalks and the trail.
The trail has already been part of town conversation this year
The December change comes after a year in which e-bikes and the trail kept coming up at Town Hall. At the April 1, 2026 council meeting, resident Robert Lotze asked for clearly marked e-bike "dismount zones" on Duck sidewalks and offered to help paint the stencils. On June 3, he told council he was helping Planner Gould with bike-path signage, and he thanked the Police Department for adding e-bike items to its weekly blotter.
In May, the town posted an e-bike information video. In it, Duck Police Sgt. Armstrong and Senior Officer Mauffray explain what makes a bike legal, where bikes may ride, helmet rules and safe riding. Like the town's web page, it explains the 20 mph standard that is about to be replaced.
E-bike collisions came up in September. Duck Police's blotter for September 6 to 12 listed two collisions between e-bikes and vehicles. The Outer Banks Voice placed both incidents within a wider regional discussion of the new state authority.
Neighboring towns are deciding; Duck has not started
Other towns and agencies are already using their options. Kill Devil Hills commissioners looked at choices on September 14, from requiring helmets for minors to keeping e-bikes out of certain locations, and agreed to come back to the question at their October retreat. On September 2, Nags Head commissioners heard a presentation from Police Chief Perry Hale and decided they needed more time. Dare County Parks and Recreation banned e-bikes at all county parks this spring and requires riders to walk them through.
Duck has posted no comparable discussion. Its e-bike provisions still trace to Ordinance 24-02, adopted April 3, 2024. The September 2 council recap lists a parks, trails and public-spaces survey, retiree health benefits and a zoning consultant contract, with no e-bike item. Council meets October 7 at 1 p.m. When the town's agenda page was checked on October 4, it still showed the September 2 agenda as the latest.
The new law gives Duck four tools for the trail and the Village sidewalks:
- Limit one or more e-bike classes, for example keeping Class 3 off the path.
- Set a numeric speed limit on the path or sidewalks.
- Require helmets for riders and passengers under 18 on Class 1 and Class 2 bikes.
- Do nothing, in which case the state's three-class definition applies on the trail through the code's existing cross-reference.
The fourth option needs no vote. That is why the change can happen on December 1 even if Duck never puts e-bikes on an agenda. If council acts on October 7 or at a later meeting, the details in this post will change, and the ordinance text will be the place to check.
Another trail decision is coming up. The town lists a proposed west-side path connection toward Duck Village as a 2026–27 council priority. The study area runs about 5,000 feet, roughly 0.95 mile, from the Aqua Restaurant crosswalk to Duck's southern boundary. The resulting concept and cost estimates will inform later grant applications, design and construction. If that path is built, it would open under whatever e-bike rules are in place by then.
For anyone renting a bike for visiting family over the holidays, local outfitters such as Sweet Rides OBX deliver e-bikes and classic cruisers to Duck rental homes. Before December 1, check which class a rental bike is, and what Duck's ordinance says by then.
Rules like these shape daily life on Duck Road, and they also affect how a home near the trail works for owners and guests. If you'd like a local read on how Duck's town decisions affect your property, Melissa Morgan is glad to talk it through. Let's Connect.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
