reglab/housing_qa huggingface dataset:
NC Gen Stat § 143-215.39 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.39 - Public policy.

 143-215.39. Public policy.It is hereby declared the public policy of the State of North Carolina to encourage development of such river and harbor, flood control and other similar civil works projects as will accrue to the general or special benefit of any county or municipality of North Carolina or to any region of the State. To this end, it is also hereby declared that within the meaning of the North Carolina Constitution expenditures for such projects and obligations incurred for such projects are for public purposes, that county and municipal and other local government expenditures and obligations incurred therefor are necessary expenses, and that county expenditures therefor are for special purposes for which the special approval of the General Assembly is hereby given. (1969, cc. 724, 968.)
NC Gen Stat § 143-215.40 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.40 - Resolutions and ordinances assuring local cooperation.

 143-215.40. Resolutions and ordinances assuring local cooperation.(a) The boards of commissioners of the several counties, in behalf of their respective counties, the governing bodies of the several municipalities, in behalf of their respective municipalities, the governing bodies of any other local government units, in behalf of their units, and the North Carolina Environmental Management Commission, in behalf of the State of North Carolina, subject to the approval of the Governor, are hereby authorized to adopt such resolutions or ordinances as may be required giving assurances to any appropriate agency of the United States government for the fulfillment of the required items of local cooperation as expressed in acts of Congress or congressional documents, as conditions precedent to the accomplishment of river and harbor, flood control or other such civil works projects, when it shall appear, and is determined by such board or governing body that any such project will accrue to the general or special benefit of such county or municipality or to a region of the State. In each case where the subject of such local cooperation requirements comes before a board of county commissioners or the governing body of any municipality or other local unit a copy of its final action, whether it be favorable or unfavorable, shall be sent to the Secretary of Environmental Quality for the information of the Governor.(b) Within the meaning of this Part, a "local government unit" means any local subdivision or unit of government or local public corporate entity (other than a county or municipality), including any manner of special district or public authority.  (1969, cc. 724, 968; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1983, c. 717, s. 69; 1985 (Reg. Sess., 1986), c. 955, ss. 91, 92; 1989, c. 727, s. 218(108); 1997-443, s. 11A.119(a); 2006-203, s. 89; 2015-241, s. 14.30(v).)
NC Gen Stat § 143-215.43 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.43 - Additional powers.

 143-215.43. Additional powers.For the purpose of complying with requirements of local cooperation as described in this Part, county and municipal governing bodies shall also have the power to accept funds, and to use general tax funds for necessary project purposes, including project maintenance. (1969, cc. 724, 968.)
NC Gen Stat § 143-215.44 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.44 - Right of withdrawal.

 143-215.44. Right of withdrawal.(a) A person who lawfully impounds water for the purpose of withdrawal shall have a right of withdrawal of excess volume of water attributable to the impoundment. Within the meaning of this subsection, the word "purpose" shall include one of several purposes in a multiple purpose impoundment.(b) A "right of withdrawal," within the meaning of this Part, is an interest which establishes a right to withdraw an excess volume of water superior to other interests in the water.(c) "Excess volume of water," within the meaning of this Part, is that volume which may be withdrawn from an impoundment or from a watercourse below the impoundment without foreseeably reducing the rate of flow of a watercourse below that which would obtain in that watercourse if the impoundment did not exist.(d) "Impound," within the meaning of this Part, shall include but is not limited to financial contributions or the assurance of financial contributions in the construction or operation of an impoundment.(e) Repealed by Session Laws 1987, c. 827, s. 182. (1971, c. 111, s. 1; 1987, c. 827, s. 182.)
NC Gen Stat § 143-215.45 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.45 - Transfer of right of withdrawal.

 143-215.45. Transfer of right of withdrawal.A person with a right of withdrawal may assign or transfer it in whole or in part to another, subject to those rights of reassignment or transfer by the State specified in G.S. 143-354(a)(11). A person who has a right of withdrawal of excess volume of water by virtue of an assignment or transfer has an interest in water superior to other interests only to the extent that his withdrawal is in accordance with the terms of the assignment or transfer. (1971, c. 111, s. 1; 1991, c. 342, s. 12.)
NC Gen Stat § 143-215.46 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.46 - Exercise of right of withdrawal.

 143-215.46. Exercise of right of withdrawal.A person may exercise right of withdrawal by withdrawing directly from the impoundment, from a watercourse below the impoundment, or from both; provided, however, that the exercise of the right of withdrawal shall not require any person other than the holder of said right to incur additional capital expenditures in order to enable the holder of said right to withdraw any excess volume of water from a watercourse below the impoundment. (1971, c. 111, s. 1.)
NC Gen Stat § 143-215.47 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.47 - Effect of right of withdrawal on discharges of water.

 143-215.47. Effect of right of withdrawal on discharges of water.Neither a right of withdrawal nor any assignment or transfer of said right may be asserted in defense against a claim that the method of releasing or discharging water is improper, that the quality of water has been impaired by the withdrawal or release of the water or by its return to the stream following its use, that water has been diverted without authority from the basin from which it was withdrawn, or that water resulting from augmentation of the natural streamflow to control water quality has been withdrawn. (1971, c. 111, s. 1.)
NC Gen Stat § 143-215.48 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.48 - Determining streamflows.

 143-215.48. Determining streamflows.(a) In litigation in which the rate of flow of water that would exist in the absence of an impoundment is in issue, that rate shall be deemed to be the minimum average flow for a period of seven consecutive days that have an average recurrence of once in 10 years unless a party to the litigation introduces a calculation that more closely approximates the actual rate. A determination made by the Commission (i) of either that minimum average flow, or (ii) that adopts a calculation that more closely approximates the actual rate of flow, and introduced by one of the parties to the litigation, shall be prima facie correct.(b) The Commission is authorized to make the determinations specified in subsection (a) of this section and to require the submission of such reports and such inspections as are necessary to permit those determinations. (1971, c. 111, s. 1; 1973, c. 1262, s. 23; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.49 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.49 - Right of withdrawal for use in community water supply.

 143-215.49. Right of withdrawal for use in community water supply.A person operating a municipal, county, community or other local water distribution or supply system and having a right of withdrawal may assert that right when its withdrawal is for use in any such water system as well as in other circumstances. (1971, c. 111, s. 1.)
NC Gen Stat § 143-215.50 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.50 - Interpretation with other statutes.

 143-215.50. Interpretation with other statutes.Whether rights of withdrawal shall have effect in a capacity use area declared by the Commission under the Water Use Act of 1967 shall be in the discretion of the Commission. This Part shall be subject to the provisions of the Water and Air Resources Act, and the Dam Safety Law of 1967. (1971, c. 111, s. 1; 1973, c. 1262, s. 23; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.51 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.51 - Purposes.

 143-215.51. Purposes.The purposes of this Part are to:(1) Minimize the extent of floods by preventing obstructions that inhibit water flow and increase flood height and damage.(2) Prevent and minimize loss of life, injuries, property damage, and other losses in flood hazard areas.(3) Promote the public health, safety, and welfare of citizens of North Carolina in flood hazard areas. (1971, c. 1167, s. 3; 1973, c. 621, s. 5; 2000-150, s. 1.)
NC Gen Stat § 143-215.52 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.52 - Definitions.

 143-215.52. Definitions.(a) As used in this Part:(1) "Artificial obstruction" means any obstruction to the flow of water in a stream that is not a natural obstruction, including any that, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of the stream.(1a) "Base flood" or "100-year flood" means a flood that has a one percent (1%) chance of being equaled or exceeded in any given year. The term "base flood" is used in the National Flood Insurance Program to indicate the minimum level of flooding to be addressed by a community in its floodplain management regulations.(1b) "Base floodplain" or "100-year floodplain" means that area subject to a one percent (1%) or greater chance of flooding in any given year, as shown on the current floodplain maps prepared pursuant to the National Flood Insurance Program or approved by the Department.(1c) "Department" means the Department of Public Safety.(1d) "Flood hazard area" means the area designated by a local government, pursuant to this Part, as an area where development must be regulated to prevent damage from flooding. The flood hazard area must include and may exceed the base floodplain.(2) Repealed by Session Laws 2000, c. 150, s. 1, effective August 2, 2000.(3) "Local government" means any county or city, as defined in G.S. 160A-1.(3a) "Lowest floor", when used in reference to a structure, means the lowest enclosed area, including a basement, of the structure. An unfinished or flood resistant enclosed area, other than a basement, that is usable solely for parking vehicles, building access, or storage is not a lowest floor.(4) "Natural obstruction" includes any rock, tree, gravel, or other natural matter that is an obstruction and has been located within the 100-year floodplain by a nonhuman cause.(4b) "Secretary" means the Secretary of Public Safety.(5) "Stream" means a watercourse that collects surface runoff from an area of one square mile or greater.(6) "Structure" means a walled or roofed building, including a mobile home and a gas or liquid storage tank.(b) As used in this Part, the terms "artificial obstruction" and "structure" do not include any of the following:(1) An electric generation, distribution, or transmission facility.(2) A gas pipeline or gas transmission or distribution facility, including a compressor station or related facility.(3) A water treatment or distribution facility, including a pump station.(4) A wastewater collection or treatment facility, including a lift station.(5) Processing equipment used in connection with a mining operation.  (1971, c. 1167, s. 3; 2000-150, s. 1; 2011-145, s. 19.1(g).)
NC Gen Stat § 143-215.54 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.54 - Regulation of flood hazard areas; prohibited uses.

 143-215.54. Regulation of flood hazard areas; prohibited uses.(a) A local government may adopt ordinances to regulate uses in flood hazard areas and grant permits for the use of flood hazard areas that are consistent with the requirements of this Part.(b) The following uses may be made of flood hazard areas without a permit issued under this Part, provided that these uses comply with local land-use ordinances and any other applicable laws or regulations:(1) General farming, pasture, outdoor plant nurseries, horticulture, forestry, mining, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses;(2) Ground level loading areas, parking areas, rotary aircraft ports and other similar ground level area uses;(3) Lawns, gardens, play areas and other similar uses;(4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses.(5) Land application of waste at agronomic rates consistent with a permit issued under Part 1 or Part 1A of Article 21 of Chapter 143 of the General Statutes or an approved animal waste management plan.(6) Land application of septage consistent with a permit issued under G.S. 130A-291.1.(c) New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities are prohibited in the 100-year floodplain except as authorized under G.S. 143-215.54A(b). (1971, c. 1167, s. 3; 1973, c. 621, s. 8; 1979, c. 413, ss. 1, 2; 2000-150, s. 1.)
NC Gen Stat § 143-215.54A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.54A - Minimum standards for ordinances; variances for prohibited uses.

 143-215.54A. Minimum standards for ordinances; variances for prohibited uses.(a) A flood hazard prevention ordinance adopted by a county or city pursuant to this Part shall, at a minimum:(1) Meet the requirements for participation in the National Flood Insurance Program and of this section.(2) Prohibit new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities in the 100-year floodplain except as authorized under subsection (b) of this section.(3) Provide that a structure or tank for chemical or fuel storage incidental to a use that is allowed under this section or to the operation of a water treatment plant or wastewater treatment facility may be located in a 100-year floodplain only if the structure or tank is either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.(b) A flood hazard prevention ordinance may include a procedure for granting variances for uses prohibited under G.S. 143-215.54(c). A county or city shall notify the Secretary of its intention to grant a variance at least 30 days prior to granting the variance. A county or city may grant a variance upon finding that all of the following apply:(1) The use serves a critical need in the community.(2) No feasible location exists for the location of the use outside the 100-year floodplain.(3) The lowest floor of any structure is elevated above the base flood elevation or is designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.(4) The use complies with all other applicable laws and regulations. (2000-150, s. 1.)
NC Gen Stat § 143-215.55 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.55 - Acquisition of existing structures.

 143-215.55. Acquisition of existing structures.A local government may acquire, by purchase, exchange, or condemnation an existing structure located in a flood hazard area in the area regulated by the local government if the local government determines that the acquisition is necessary to prevent damage from flooding. The procedure in all condemnation proceedings pursuant to this section shall conform as nearly as possible to the procedure provided in Article 3 of Chapter 40A of the General Statutes. (1971, c. 1167, s. 3; 1987, c. 827, s. 183; 2000-150, s. 1.)
NC Gen Stat § 143-215.56A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.56A - Floodplain Mapping Fund.

 143-215.56A. Floodplain Mapping Fund.The Floodplain Mapping Fund is established as a special revenue fund. The Fund consists of the fees credited to it under G.S. 161-11.5. Revenue in the fund may be used only to offset the Department's cost in preparing floodplain maps and performing its other duties under this Part.  (2008-107, s. 29.7(c); 2013-225, s. 7(d).)
NC Gen Stat § 143-215.57 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.57 - Procedures in issuing permits.

 143-215.57. Procedures in issuing permits.(a) A local government may establish application forms and require maps, plans, and other information necessary for the issuance of permits in a manner consonant with the objectives of this Part. For this purpose a local government may take into account anticipated development in the foreseeable future that may be adversely affected by the obstruction, as well as existing development. They shall consider the effects of a proposed artificial obstruction in a stream in creating danger to life and property by:(1) Water that may be backed up or diverted by the obstruction.(2) The danger that the obstruction will be swept downstream to the injury of others.(3) The injury or damage at the site of the obstruction itself.(b) In prescribing standards and requirements for the issuance of permits under this Part and in issuing permits, local governments shall proceed as in the case of an ordinance for the better government of the county or city as the case may be. Local government jurisdiction for these ordinances shall be as specified in Article 2 of Chapter 160D of the General Statutes. Article 4 of Chapter 160D of the General Statutes shall apply to the administration, enforcement, and appeals regarding these ordinances.(c) Repealed by Session Laws 2019-111, s. 2.5(h). See editor's note for effective date and applicability.  (1971, c. 1167, s. 3; 2000-150, s. 1; 2019-111, s. 2.5(h); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
NC Gen Stat § 143-215.58 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.58 - Violations and penalties.

 143-215.58. Violations and penalties.(a) Any willful violation of this Part or of any ordinance adopted (or of the provisions of any permit issued) under the authority of this Part shall constitute a Class 1 misdemeanor.(a1) A local government may use all of the remedies available for the enforcement of ordinances under Chapters 153A, 160A, and 160D of the General Statutes to enforce an ordinance adopted pursuant to this Part.(b) Failure to remove any artificial obstruction or enlargement or replacement thereof, that violates this Part or any ordinance adopted (or the provision of any permit issued) under the authority of this Part, shall constitute a separate violation of this Part for each day that the failure continues after written notice from the county board of commissioners or governing board of a city.(c) In addition to or in lieu of other remedies, the county board of commissioners or governing board of a city may institute any appropriate action or proceeding to restrain or prevent any violation of this Part or of any ordinance adopted (or of the provisions of any permit issued) under the authority of this Part, or to require any person, firm or corporation that has committed a violation to remove a violating obstruction or restore the conditions existing before the placement of the obstruction.  (1971, c. 1167, s. 3; 1993, c. 539, s. 1022; 1994, Ex. Sess., c. 24, s. 14(c); 2000-150, s. 1; 2019-111, s. 2.5(i); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
NC Gen Stat § 143-215.59 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.59 - Other approvals required.

 143-215.59. Other approvals required.(a) The granting of a permit under the provisions of this Part shall in no way affect any other type of approval required by any other statute or ordinance of the State or any political subdivision of the State, or of the United States, but shall be construed as an added requirement.(b) No permit for the construction of any structure to be located within a flood hazard area shall be granted by a political subdivision unless the applicant has first obtained the permit required by any local ordinance adopted pursuant to this Part. (1971, c. 1167, s. 3; 2000-150, s. 1.)
NC Gen Stat § 143-215.60 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.60 - Liability for damages.

 143-215.60. Liability for damages.No action for damages sustained because of injury or property damage caused by a structure or obstruction for which a permit has been granted under this Part shall be brought against the State or any political subdivision of the State, or their employees or agents. (1971, c. 1167, s. 3; 2000-150, s. 1.)
NC Gen Stat § 143-215.61 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.61 - Floodplain management.

 143-215.61. Floodplain management.The provisions of this Part shall not preclude the imposition by responsible local governments of land use controls and other regulations in the interest of floodplain management for the 100-year floodplain. (1971, c. 1167, s. 3; 2000-150, s. 1.)
NC Gen Stat § 143-215.63 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21 - Water and Air Resources.|§ 143-215.63 - Short title.

 143-215.63. Short title.This Part shall be known and may be cited as the Water and Air Quality Reporting Act of 1971. (1971, c. 1167, s. 9.)