reglab/housing_qa huggingface dataset:
NC Gen Stat § 143-215.22 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.22 - Law of riparian rights not changed.

 143-215.22. Law of riparian rights not changed.Nothing contained in this Part shall change or modify existing common or statutory law with respect to the relative rights of riparian owners concerning the use of surface water in this State. (1967, c. 933, s. 12.)
NC Gen Stat § 143-215.22A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.22A - Water withdrawal policy; remedies.

 143-215.22A. Water withdrawal policy; remedies.(a) It is against the public policy of North Carolina to withdraw water from any major river or reservoir if both of the following factors are present: (i) the withdrawal will cause the natural flow of water in the river or a portion of the reservoir to be reversed; and (ii) substantial portions of the water are not returned to the river system after use. For purposes of this section, a withdrawal will cause natural flow to be reversed if as a result of the withdrawal, the rate of flow in the river or discrete portion of the reservoir is 15 cubic feet per second or more, moving in a generally opposite direction than prior to the withdrawal, over a distance of more than one mile. To correct for periodic effects, including tidal influences and reservoir fluctuations, flow speed and direction shall be calculated by using annual average flow data to determine pre-withdrawal flows, and projected annual average flow assuming the maximum practical rate of withdrawal, to determine post-withdrawal flows.(b) This section shall not be construed to create an independent cause of action by the State or by any person. This section shall not apply to any project or facility for which a withdrawal of water began prior to the date this section is effective. (1991, c. 567, c. 712, ss. 5, 6.)
NC Gen Stat § 143-215.22B (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.22B - Roanoke River Basin water rights.

 143-215.22B. Roanoke River Basin water rights.The State reserves and allocates to itself, as protector of the public interest, all rights in the water located in those portions of Kerr Lake and Lake Gaston that are in the State. (1995, c. 504, s. 1.)
NC Gen Stat § 143-215.22G (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.22G - Definitions.

 143-215.22G. Definitions.In addition to the definitions set forth in G.S. 143-212 and G.S. 143-213, the following definitions apply to this Part.(1) "Mainstem" means that portion of a river having the same name as a river basin defined in subdivision (1b) of this section. "Mainstem" does not include named or unnamed tributaries.(1a) "Public water system" means any unit of local government or large community water system subject to the requirements of G.S. 143-355(l).(1b) "River basin" means any of the following river basins designated on the map entitled "Major River Basins and Sub-basins in North Carolina" and filed in the Office of the Secretary of State on 16 April 1991. The term "river basin" includes any portion of the river basin that extends into another state. Any area outside North Carolina that is not included in one of the river basins listed in this subdivision comprises a separate river basin.a. 1-1 Broad River.b. 2-1 Haw River.c. 2-2 Deep River.d. 2-3 Cape Fear River.e. 2-4 South River.f. 2-5 Northeast Cape Fear River.g. 2-6 New River.h. 3-1 Catawba River.i. 3-2 South Fork Catawba River.j. 4-1 Chowan River.k. 4-2 Meherrin River.l. 5-1 Nolichucky River.m. 5-2 French Broad River.n. 5-3 Pigeon River.o. 6-1 Hiwassee River.p. 7-1 Little Tennessee River.q. 7-2 Tuskasegee (Tuckasegee) River.r. 8-1 Savannah River.s. 9-1 Lumber River.t. 9-2 Big Shoe Heel Creek.u. 9-3 Waccamaw River.v. 9-4 Shallotte River.w. 10-1 Neuse River.x. 10-2 Contentnea Creek.y. 10-3 Trent River.z. 11-1 New River.aa. 12-1 Albemarle Sound.bb. 13-1 Ocoee River.cc. 14-1 Roanoke River.dd. 15-1 Tar River.ee. 15-2 Fishing Creek.ff. 15-3 Pamlico River and Sound.gg. 16-1 Watauga River.hh. 17-1 White Oak River.ii. 18-1 Yadkin (Yadkin-Pee Dee) River.jj. 18-2 South Yadkin River.kk. 18-3 Uwharrie River.ll. 18-4 Rocky River.(2) "Surface water" means any of the waters of the State located on the land surface that are not derived by pumping from groundwater.(3) "Transfer" means the withdrawal, diversion, or pumping of surface water from one river basin and discharge of all or any part of the water in a river basin different from the origin. However, notwithstanding the basin definitions in G.S. 143-215.22G(1b), the following are not transfers under this Part:a. The discharge of water upstream from the point where it is withdrawn.b. The discharge of water downstream from the point where it is withdrawn.  (1991, c. 712, s. 1; 1993, c. 348, s. 1; 1997-443, s. 15.48(b); 2013-388, s. 1.)
NC Gen Stat § 143-215.23 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.23 - Short title.

 143-215.23. Short title.This Part shall be known and may be cited as the Dam Safety Law of 1967. (1967, c. 1068, s. 1.)
NC Gen Stat § 143-215.24 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.24 - Declaration of purpose.

 143-215.24. Declaration of purpose.It is the purpose of this Part to provide for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams; to prevent injuries to persons, damage to downstream property and loss of reservoir storage; and to ensure maintenance of minimum stream flows of adequate quantity and quality below dams. (1967, c. 1068, s. 2; 1977, c. 878, s. 1; 1993, c. 394, s. 1.)
NC Gen Stat § 143-215.25 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.25 - Definitions.

 143-215.25. Definitions.As used in this Part, unless the context otherwise requires:(1) Dam. - A structure and appurtenant works erected to impound or divert water.(1a) Mill dam. - A dam built across a stream to raise the level of water for the purpose of providing water to a mill for the operation of the mill.(2) Minimum stream flow or minimum flow. - A stream flow of a quantity and quality sufficient in the judgment of the Department to meet and maintain stream classifications and water quality standards established by the Department under G.S. 143-214.1 and applicable to the waters affected by the project under consideration, and to maintain aquatic habitat in the length of the stream that is affected.(3) Professionally supervised dam removal. - The voluntary removal of a low or intermediate hazard mill dam or run-of-river dam that (i) is not operated primarily for flood control or hydroelectric power generation purposes and (ii) the removal of which is designed and supervised by a qualified engineer.(4) Qualified engineer. - An engineer licensed as a professional engineer under Chapter 89C of the General Statutes.(5) Run-of-river dam. - A riverine or stream dam that is designed or operated to release water at approximately the same rate as the natural flow of the river or stream.  (1967, c. 1068, s. 3; 1973, c. 1262, ss. 23, 38; 1977, c. 771, s. 4; c. 878, ss. 2, 4; 1983, c. 306; 1987, c. 827, ss. 154, 175; 1993, c. 394, s. 2; 2017-145, s. 1(a).)
NC Gen Stat § 143-215.25A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.25A - Exempt dams.

 143-215.25A. Exempt dams.(a) Except as otherwise provided in this Part, this Part does not apply to any dam:(1) Constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, or another agency of the United States government, when the agency designed or approved plans for the dam and supervised its construction.(2) Constructed with financial assistance from the United States Natural Resources Conservation Service, when that agency designed or approved plans for the dam and supervised its construction.(3) Licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission.(4) For use in connection with electric generating facilities regulated by the Nuclear Regulatory Commission.(5) Under a single private ownership that provides protection only to land or other property under the same ownership and that does not pose a threat to human life or property below the dam.(6) (See Editor's Note) That is less than 25 feet in height or that has an impoundment capacity of less than 50 acre-feet, unless the Department determines that failure of the dam could result in loss of human life or significant damage to property below the dam.(7) (See Editor's Note) Constructed for and maintains the purpose of providing water for agricultural use, when a person who is licensed as a professional engineer or is employed by the Natural Resources Conservation Service, county, or local Soil and Water Conservation District, and has federal engineering job approval authority under Chapter 89C of the General Statutes designed or approved plans for the dam, supervised its construction, and registered the dam with the Division of Energy, Mineral, and Land Resources of the Department prior to construction of the dam. This exemption shall not apply to dams that are determined to be high-hazard by the Department.(b) The exemption from this Part for a dam described in subdivisions (1) and (2) of subsection (a) of this section does not apply after the supervising federal agency relinquishes authority for the operation and maintenance of the dam to a local entity.  (1993, c. 394, s. 3; 2009-390, s. 3(a); 2011-394, s. 10(a); 2012-143, s. 1(f); 2013-265, s. 20.)
NC Gen Stat § 143-215.26 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.26 - Construction of dams.

 143-215.26. Construction of dams.(a) No person shall begin the construction of any dam until at least 10 days after filing with the Department a statement concerning its height, impoundment capacity, purpose, location and other information required by the Department. A person who constructs a dam, including a dam that is otherwise exempt from this Part under subdivisions (4) or (5) of G.S. 143-215.25A(a), shall comply with the malaria control requirements of the Department. If on the basis of this information the Department is of the opinion that the proposed dam is not exempt from the provisions of this Part, it shall so notify the applicant, and construction shall not be commenced until a full application is filed by the applicant and approved as provided by G.S. 143-215.29. The Department may also require of applicants so notified the filing of any additional information it deems necessary, including, but not limited to, streamflow and rainfall data, maps, plans and specifications. Every applicant for approval of a dam subject to the provisions of this Part shall also file with the Department the certificate of an engineer legally qualified in this State. The certificate shall state that the person who files the certificate is responsible for the design of the dam and that the design is safe and adequate.(b) The Department shall send a copy of each completed application to the State Health Director, the Wildlife Resources Commission, the Department of Transportation, and other State and local agencies it considers appropriate for review and comment. (1967, c. 1068, s. 4; 1973, c. 476, s. 128; c. 507, s. 5; c. 1262, s. 23; 1987, c. 827, s. 176; 1989, c. 727, s. 163; 1993, c. 394, s. 4; 1995, c. 509, s. 80.)
NC Gen Stat § 143-215.28 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.28 - Action by Commission upon applications.

 143-215.28. Action by Commission upon applications.(a) Following receipt of agency comments the Commission shall approve, disapprove, or approve subject to conditions necessary to ensure safety and to satisfy minimum stream flow requirements, all applications made pursuant to this Part.(b) A defective application shall not be rejected but notice of the defects shall be sent to the applicant by registered mail. If the applicant fails to file a perfected application within 30 days the original shall be canceled unless further time is allowed.(c) If the Commission disapproves an application, one copy shall be returned with a statement of its objections. If an application is approved, the approval shall be attached thereto, and a copy returned by registered mail. Approval shall be granted under terms, conditions and limitations which the Commission deems necessary to safeguard life and property.(d) Construction shall be commenced within one year after the date of approval of the application or such approval is void. The Commission upon written application and good cause shown may extend the time for commencing construction. Notice by registered mail shall be given the Commission at least 10 days before construction is commenced. (1967, c. 1068, s. 6; 1973, c. 1262, s. 23; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.28A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.28A - Application fees.

 143-215.28A. Application fees.(a) In accordance with G.S. 143-215.3(a)(1a), the Commission may establish a fee schedule for processing applications for approvals of construction or removal of dams issued under this Part. In establishing the fee schedule, the Commission shall consider the administrative and personnel costs incurred by the Department for processing the applications and for related compliance activities. The total amount of fees collected in any fiscal year may not exceed one-third of the total personnel and administrative costs incurred by the Department for processing the applications and for related compliance activities in the prior fiscal year. An approval fee may not exceed the larger of two hundred dollars ($200.00) or two percent (2%) of the actual cost of construction or removal of the applicable dam. The fee for notification of a professionally supervised dam removal under G.S. 143-215.27(c)(1) shall be five hundred dollars ($500.00) and shall be paid to the Department. The provisions of G.S. 143-215.3(a)(1b) do not apply to these fees.(b) The Dam Safety Account is established as a nonreverting account within the Department. Fees collected under this section shall be credited to the Account and shall be applied to the costs of administering this Part.  (1989 (Reg. Sess., 1990), c. 976, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 15; 1993, c. 394, s. 5; 2017-145, s. 1(c).)
NC Gen Stat § 143-215.29 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.29 - Supervision by qualified engineers; reports and modification during work.

 143-215.29. Supervision by qualified engineers; reports and modification during work.(a) Any project for which the Commission's approval is required under G.S. 143-215.26, 143-215.27, and 143-215.28, and any project undertaken pursuant to an order of the Commission issued pursuant to this section or G.S. 143-215.32 shall be designed and supervised by an engineer legally qualified in the State of North Carolina.(b) During the construction, enlargement, repair, alteration or removal of a dam, the Commission may require such progress reports from the supervising engineer as it deems necessary.(c) If during construction, reconstruction, repair, alteration or enlargement of any dam, the Commission finds the work is not being done in accordance with the provisions of the approval and the approved plans and specifications, it shall give written notice by registered mail or personal service to the person who received the approval and to the person in charge of construction at the dam. The notice shall state the particulars in which compliance has not been made, and shall order immediate compliance with the terms of the approval, and the approved plans and specifications. The Commission may order that no further construction work be undertaken until such compliance has been effected and approved by the Commission. A failure to comply with the approval and the approved plans and specifications shall render the approval revocable unless compliance is made after notice as provided in this section. (1967, c. 1068, s. 7; 1973, c. 1262, s. 23; 1977, c. 878, s. 5; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.30 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.30 - Notice of completion; certification of final approval; notice of transfer.

 143-215.30. Notice of completion; certification of final approval; notice of transfer.(a) Except as set forth in subsection (d1) of this section, immediately upon completion, enlargement, repair, alteration or removal of a dam, notice of completion shall be given the Commission. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the Department in such detail as the Commission may require.(b) When an existing dam is enlarged, the supplementary drawings and descriptive matter need apply only to the new work.(c) The completed work shall be inspected by the supervising engineers, and upon finding that the work has been done as required and that the dam is safe and satisfies minimum streamflow requirements, they shall file with the Department a certificate that the work has been completed in accordance with approved design, plans, specifications and other requirements. Unless the Commission has reason to believe that the dam is unsafe or is not in compliance with any applicable rule or law, the Commission shall grant final approval of the work in accordance with the certificate, subject to such terms as it deems necessary for the protection of life and property.(d) Pending issuance of the Commission's final approval, the dam shall not be used except on written consent of the Commission, subject to conditions it may impose.(d1) The requirements of this section shall not apply to a professionally supervised dam removal under G.S. 143-215.27(c) if the person removing the dam provides confirmation of completion of dam removal to the Department within 10 days of completion of the removal.(e) The owner of a dam shall provide written notice of transfer to the Department within 30 days after title to the dam has been legally transferred. The notice of transfer shall include the name and address of the new dam owner.  (1967, c. 1068, s. 8; 1973, c. 1262, s. 23; 1987, c. 827, ss. 154, 177; 2014-122, s. 8(c); 2017-145, s. 1(d).)
NC Gen Stat § 143-215.33 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.33 - Administrative hearing.

 143-215.33. Administrative hearing.A person to whom a decision or a dam safety order is issued under this Part may contest the decision or order by filing a contested case petition in accordance with G.S. 150B-23. A person to whom a decision is issued must file a contested case petition within 30 days after the decision is mailed to that person. A person to whom a dam safety order is issued must file a contested case petition within 10 days after the order is served. (1967, c. 1068, s. 11; 1973, c. 1262, s. 23; 1975, c. 842, s. 4; 1977, c. 878, s. 6; 1979, c. 55, s. 2; 1987, c. 827, s. 178, 1993, c. 394, s. 8.)
NC Gen Stat § 143-215.34 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.34 - Investigations by Department; employment of consultants.

 143-215.34. Investigations by Department; employment of consultants.The Department shall make such investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of dams, reservoirs and appurtenances, and for such purposes may enter upon private property. The Department may employ or make such agreements with geologists, engineers, or other expert consultants and such assistants as it deems necessary to carry out the provisions of this Part. (1967, c. 1068, s. 12; 1973, c. 1262, s. 23; 1987, c. 827, s. 179.)
NC Gen Stat § 143-215.35 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.35 - Liability for damages.

 143-215.35. Liability for damages.No action shall be brought against the State of North Carolina, the Department, or the Commission or any agent of the Commission or any employee of the State or the Department for damages sustained through the partial or total failure of any dam or its maintenance by reason of any supervision or other action taken pursuant to or under this Part. Nothing in this Part shall relieve an owner or operator of a dam from the legal duties, obligations and liabilities arising from such ownership or operation. (1967, c. 1068, s. 13; 1973, c. 1262, s. 23; 1987, 827, s. 154.)
NC Gen Stat § 143-215.37 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.37 - Rights of investigation, entry, access, and inspection.

 143-215.37. Rights of investigation, entry, access, and inspection.The Commission shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in this Part, and the Department shall have the right to conduct such investigations, and for this purpose the employees of the Department and agents of the Commission have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam or associated equipment facility or property, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the construction or operation of any dam: Provided, that no person shall be required to disclose any secret formula, processes or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision. No person shall refuse entry or access to any authorized representative of the Commission or Department who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. (1967, c. 1068, s. 15; 1973, c. 1262, s. 23.)
NC Gen Stat § 143-215.38 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.38 - Short title.

 143-215.38. Short title.This Part shall be known as and may be cited as the Federal Water Resources Development Law of 1969. (1969, cc. 724, 968.)