reglab/statecodes huggingface dataset:
2023 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.)
2023 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(c) "Excess volume of water," within the meaning of this Part, is that volume which may be withdrawn from an impoundment or from a watercourse below the impoundment without foreseeably reducing the rate of flow of a watercourse below that which would obtain in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(e) Repealed by Session Laws 1987, c. 827, s. 182.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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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).)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.64 - Purpose.

§ 143-215.64. Purpose.
The purpose of this Article is to require all persons who are subject to the provisions of G.S. 143-215.1, 143-215.108, or 143-215.109 to file reports with the Commission covering the discharge of waste and air contaminants to the waters and outdoor atmosphere of the State and to establish and maintain approved systems for monitoring the quantity and quality of such discharges and their effects upon the water and air resources of the State. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1987, c. 827, s. 154; 1989, c. 135, s. 3.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.65 - Reports required.

§ 143-215.65. Reports required.
All persons subject to the provisions of G.S. 143-215.1, 143-215.108, or 143-215.109 who discharge wastes to the waters or emit air contaminants to the outdoor atmosphere of this State shall file at such frequencies as the Commission may specify and at least quarterly reports with the Commission setting forth the volume and characteristics of wastes discharged or air contaminants emitted daily or such other period of time as may be specified by the Commission in its rules. Such reports may be required less frequently than quarterly for any permit for a minor activity as defined in G.S. 143-215.1(b)(4)d. and e. Such reports shall be filed on forms provided by the Department and approved by the Commission and shall include such pertinent data with reference to the total and average volume of wastes or air contaminants discharged, the strength and amount of each waste substance or air contaminant discharged, the type and degree of treatment such wastes or air contaminants received prior to discharge and such other information as may be specified by the Commission in its rules. The information shall be used by the Commission only for the purpose of air and water pollution control. The Department shall provide proper and adequate facilities and procedures and the Commission shall adopt rules to safeguard the confidentiality of proprietary manufacturing processes except that confidentiality shall not extend to wastes discharged or air contaminants emitted. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1975, c. 655, s. 4; 1987, c. 827, ss. 154, 186; 1989, c. 135, s. 4, c. 453, s. 3.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.66 - Monitoring required.

§ 143-215.66. Monitoring required.
In order to provide for adequately monitoring the discharge of wastes to the waters and the emission of contaminants to the outdoor atmosphere and their effects upon the quality of the environment, all persons subject to the provisions of G.S. 143-215.1, 143-215.108, or 143-215.109 who cause such discharges or emissions shall establish and maintain adequate water and air quality monitoring systems and report the data obtained therefrom to the Commission. Each monitoring system shall include the collection of water or air quality data as appropriate from such locations, in such detail, and with such frequency as required by rule of the Commission for evaluating the efficiency of treatment facilities or air-cleaning devices and the effects of the discharges or emissions upon the waters and air resources of the State. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1987, c. 827, ss. 154, 187; 1989, c. 135, s. 5.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.69 - Enforcement procedures.

§ 143-215.69. Enforcement procedures.
(a) (1) Criminal Penalties. – Except as provided in subdivision (2) of this subsection, any person who violates any provisions of this Part or any rules adopted by the Commission for its implementation shall be guilty of a Class 3 misdemeanor and shall be only liable to a penalty of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000) for each violation and each day such person shall fail to comply after having been officially notified by the Commission shall constitute a separate offense subject to the foregoing penalty.
(2) Any person who violates any provision of this Part or any rule adopted by the Commission to implement this Part that imposes a requirement that is also a requirement under Title V or any rule adopted by the Commission to implement Title V shall be subject to punishment as provided by G.S. 143-215.114B.
(b) Civil Penalties. – The Commission may assess a civil penalty against a person who violates this Part or a rule of the Commission implementing this Part. For persons subject to the provisions of G.S. 143-215.1, the amount of the penalty shall not exceed the maximum imposed in G.S. 143-215.6A and shall be assessed in accordance with the procedure set out in G.S. 143-215.6A for assessing a civil penalty. For persons subject to the provisions of Title V, G.S. 143-215.108, or G.S. 143-215.109, the amount of penalty shall not exceed the maximum imposed in G.S. 143-215.114A and shall be assessed in accordance with the procedure set out in G.S. 143-215.114A for assessing a civil penalty. The clear proceeds of civil penalties assessed under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(c) Injunctive Relief. – Upon violation of any of the provisions of this Part, a rule implementing this Part, or an order issued under this Part, the Secretary may, either before or after the institution of proceedings for the collection of the penalty imposed by this Part for such violations, request the Attorney General to institute a civil action in the superior court of the county or counties where the violation occurred in the name of the State upon the relation of the Department for injunctive relief to restrain the violation or require corrective action, and for such other or further relief in the premises as said court shall deem proper. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from the penalty prescribed by this Part for any violation of same.
(d) Repealed by Session Laws 1987, c. 827, s. 189. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1975, c. 842, s. 5; 1977, c. 771, s. 4; 1987, c. 827, ss. 154, 189; 1989 (Reg. Sess., 1990), c. 1045, s. 10; 1993, c. 400, s. 6; c. 539, s. 1023; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 66.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.70 - Secretary of Environmental Quality authorized to accept applications.

§ 143-215.70. Secretary of Environmental Quality authorized to accept applications.
The Secretary is authorized to accept applications for grants for nonfederal costs relating to water resources development projects from units of local government sponsoring such projects, except that this shall not include small watershed projects reviewed by the State Soil and Water Conservation Commission pursuant to G.S. 139-55. (1979, c. 1046, s. 1; 1987, c. 827, s. 154; 1989, c. 727, s. 218(109); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.71 - Purposes for which grants may be requested.

§ 143-215.71. Purposes for which grants may be requested.
(a) Applications for grants may be made for the nonfederal share of water resources development projects for the following purposes in amounts not to exceed the percentage of the nonfederal costs indicated:
(1) General navigation projects that are sponsored by local governments – eighty percent (80%);
(2) Recreational navigation projects – twenty-five percent (25%);
(3) Construction costs for water management (flood control and drainage) purposes, including utility and road relocations not funded by the State Department of Transportation – sixty-six and two-thirds percent (66 2/3%), but only of that portion of the project specifically allocated for such flood control or drainage purposes;
(4) Stream restoration – sixty-six and two-thirds percent (66 2/3%);
(5) Protection of privately owned beaches where public access is allowed and provided for – seventy-five percent (75%);
(6) Land acquisition and facility development for water-based recreation sites operated by local governments – fifty percent (50%);
(7) Aquatic weed control projects sponsored by local governments – fifty percent (50%);
(8) Projects that are part of the Environmental Quality Incentives Program – one hundred percent (100%).
(b) Notwithstanding subdivision (8) of subsection (a) of this section, projects that are part of the Environmental Quality Incentives Program are ineligible for funding under this Part if they receive funding from the North Carolina Land and Water Fund established in G.S. 143B-135.234. (1979, c. 1046, s. 1; 1983, c. 450; 1987, c. 781, s. 1; 2016-94, s. 37.2(h); 2020-18, s. 12(a); 2023-70, s. 9(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.73 - Recommendation and disbursal of grants.

§ 143-215.73. Recommendation and disbursal of grants.
After review of grant applications, project funds shall be disbursed and monitored by the Department. (1979, c. 1046, s. 1; 1983, c. 717, s. 70; 1985 (Reg. Sess., 1986), c. 955, s. 93; 1987, c. 827, s. 154; 2006-203, s. 90.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.73B - Water resources development grants administration.

§ 143-215.73B. Water resources development grants administration.
(a) Fund Creation. – There is established the Water Resources Development Grants Special Fund, a special fund within the Department of Environmental Quality to be used in accordance with this section.
(b) Fund Uses; Flexibility. – Funds within the Water Resources Development Grants Special Fund shall be used for water resources development projects as directed by an act of the General Assembly. Where the actual project costs are different from the authorized estimated project costs, the Department may adjust the allocations among projects as needed. If any funded projects are delayed and the budgeted State funds cannot be used during any given fiscal year, or if the projects are accomplished at a lower cost, the Department may use the resulting fund availability to fund any of the following:
(1) U.S. Army Corps of Engineers project feasibility studies.
(2) U.S. Army Corps of Engineers projects whose schedules have advanced and require State matching funds in the current fiscal year.
(3) State-local water resources development projects.
(4) NRCS-EQIP stream restoration projects.
(c) Reports. – The Department shall submit semiannual reports on the use of funds from the Water Resource Development Grant Special Fund to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division, and the Office of State Budget and Management on or before March 1 and September 1. Each report shall include all of the following:
(1) The project name.
(2) The estimated cost of each project.
(3) The date that work on each project began or is expected to begin.
(4) The date that work on each project was completed or is expected to be completed.
(5) The actual cost of the project.
The semiannual reports also shall show those projects advanced in schedule and those projects delayed in schedule. (2021-180, s. 40.3(b).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.73J - Deep Draft Navigation Channel Dredging and Maintenance Fund.

§ 143-215.73J. Deep Draft Navigation Channel Dredging and Maintenance Fund.
(a) Fund Established. – The Deep Draft Navigation Channel Dredging and Maintenance Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, or grants, including monies contributed by a non-State entity for a particular dredging project or group of projects and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of the Fund. – Revenue credited to the Fund may only be used for costs associated with projects providing safe and efficient navigational access to a State Port, including the design, construction, expansion, modification, or maintenance of deep draft navigation channels, turning basins, berths, and related structures, as well as surveys or studies related to any of the foregoing and the costs of disposal of dredged material.
(c) Conditions on Funding. – State funds credited to the Fund from the sources described in subsection (a) of this section must be cost-shared on a one-to-one basis with funds provided by the State Ports Authority, provided that:
(1) Funds contributed to the Fund by a non-State entity are not considered State funds and may be used to provide the cost-share required by this subsection.
(2) The Secretary may waive or modify the cost-share requirement for any project that supplements Corps funding for a study authorized by the Corps related to navigational access to a State Port, based on availability of alternate funding sources.
(d) Return of Non-State Entity Funds. – Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection.
(e) Definitions. – The following definitions apply in this Part:
(1) Corps. – The United States Army Corps of Engineers.
(2) State Port. – Facilities at Wilmington or Morehead City managed or operated by the State Ports Authority. (2015-241, s. 14.6(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.73M - Coastal Storm Damage Mitigation Fund.

§ 143-215.73M. Coastal Storm Damage Mitigation Fund.
(a) Fund Established. – The Coastal Storm Damage Mitigation Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, grants, devises, monies contributed by a non-State entity for a particular beach nourishment or damage mitigation project or group of projects, and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of the Fund. – Revenue credited to the Fund may only be used for costs associated with beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage to the ocean beaches and dune systems of the State.
(b1) Grants Authorized. – The Secretary is authorized to accept applications for grants for nonfederal costs of projects sponsored by units of local government for the purpose set forth in subsection (b) of this section.
(c) Conditions on Funding. – Any project funded by revenue from the Fund must be cost-shared with non-State dollars on a basis of at least one non-State dollar for every one dollar from the Fund.
(d) Return of Non-State Entity Funds. – Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection.
(e) Report. – The Department shall report annually no later than October 1 regarding projects funded under this section to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall include project type, project location, brief project description, entity receiving the funding, and amount of funding provided.
(f) Rules. – The Department shall adopt rules to implement the grant program authorized under subsection (b1) of this section. (2017-209, s. 6; 2018-5, s. 13.10(b); 2022-74, s. 12.1(b).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › §§ 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.

§§ 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74A - 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.

§§ 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74B - 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.

§§ 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74F - Program authorized.

§ 143-215.74F. Program authorized.
The Department of Environment, Health, and Natural Resources may establish a Stream Watch Program to recognize and assist civic, environmental, educational, and other volunteer groups interested in good water resources management and protection. The goals of the Stream Watch Program are to encourage volunteer groups to adopt streams and other water bodies and to work toward their good management and protection; to increase public awareness of and involvement in water resources management; and to promote cooperative activities among volunteer groups, local government, industry, the Department of Environment, Health, and Natural Resources, and other agencies and entities for improved protection and management of water resources. (1989, c. 412, c. 727, s. 218; 1997-443, s. 11A.119(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74G - Applications.

§ 143-215.74G. Applications.
The Department may accept and approve applications to affiliate with the Stream Watch Program from volunteer groups willing to adopt a specific body of water and to conduct at least one project each year to promote the protection of the adopted body of water or to increase public understanding of water resources. (1989, c. 412.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74H - 143.215.74HAssistance.

§ 143.215.74H. Assistance.
The Department may provide technical, organizational, and financial assistance to stream watch groups from such resources as may be available to the Department. (1989, c. 412.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › § 143-215.74I - Projects.

§ 143-215.74I. Projects.
The Department may encourage and assist stream watch groups to carry out projects for stream cleanup and restoration, stream surveillance and water quality monitoring, public education, the establishment of trails and greenways, recreational use of water bodies, and other activities in furtherance of the goals of the Stream Watch Program. (1989, c. 412.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21 - Water and Air Resources. › §§ 143-215.74M: Recodified as Article 73 of Chapter 106, G.S. 106-860, by Session Laws 2011-145, s. 13.22A(x), effective July 1, 2011.

§ 143-215.74M: Recodified as Article 73 of Chapter 106, G.S. 106-860, by Session Laws 2011-145, s. 13.22A(x), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.75 - Title.

§ 143-215.75. Title.
This Article shall be known and may be cited as the "Oil Pollution and Hazardous Substances Control Act of 1978." (1973, c. 534, s. 1; 1979, c. 535, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.76 - Purpose.

§ 143-215.76. Purpose.
It is the purpose of this Article to promote the health, safety, and welfare of the citizens of this State by protecting the land and the waters over which this State has jurisdiction from pollution by oil, oil products, oil by-products, and other hazardous substances. It is not the intention of this Article to exercise jurisdiction over any matter as to which the United States government has exclusive jurisdiction, nor in any wise contrary to any governing provision of federal law, and no provision of this Article shall be so construed. The General Assembly further declares that it is the intent of this Article to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. section 1251 et seq., as amended, and the National Contingency Plan for removal of oil adopted pursuant thereto. (1973, c. 534, s. 1; 1979, c. 535, s. 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.77A - Designation of hazardous substances and determination of quantities which may be harmful.

§ 143-215.77A. Designation of hazardous substances and determination of quantities which may be harmful.
(a) Those substances designated as hazardous as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(2)(A) are designated as hazardous substances for purposes of this Article.
(b) Such quantities of hazardous substances as may be harmful as determined as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(4) are quantities which may be harmful for purposes of this Article.
(c) Changes by Administrator of the United States Environmental Protection Agency in the designation of hazardous substances and the determination of quantities which may be harmful shall be deemed to be made to the designation of hazardous substances and the determination of quantities for purposes of this Article, unless the Commission objects within 120 days of publication of the action in the Federal Register. The Commission may object to a change by the Administrator on the basis that the change is not consistent with the standards for determining hazardous substances or harmful quantities. Upon objection by the Commission to a change, the Commission shall initiate rule-making proceedings on the change. The change will not be made pending the hearing and a final determination by the Commission. After the hearing, the Commission may reject the change upon a finding that the change is not consistent with the standards for determining hazardous substances or harmful quantities. (1979, 2nd Sess., c. 1209, s. 3; 1987, c. 827, s. 190.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.78 - Oil pollution control program.

§ 143-215.78. Oil pollution control program.
The Department shall establish an oil pollution control program for the administration of this Article. The Department may employ and prescribe the duties of employees assigned to this activity. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.79 - Inspections and investigations; entry upon property.

§ 143-215.79. Inspections and investigations; entry upon property.
The Commission, through its authorized representatives, is empowered to conduct such inspections and investigations as shall be reasonably necessary to determine compliance with the provisions of this Article; to determine the person or persons responsible for violation of this Article; to determine the nature and location of any oil or other hazardous substances discharged to the land or waters of this State; and to enforce the provisions of this Article. The authorized representatives of the Commission are empowered upon presentation of their credentials to enter upon any private or public property, including boarding any vessel, for the purpose of inspection or investigation or in order to conduct any project or activity to contain, collect, disperse or remove oil or other hazardous substances discharges or to perform any restoration necessitated by an oil or other hazardous substances discharge. Neither the State nor its agencies, employees or agents shall be liable in trespass or damages arising out of the conduct of any inspection, investigation, or oil or other hazardous substances removal or restoration project or activity other than liability for damage to property or injury to persons arising out of the negligent or willful conduct of an employee or agent of the State during the course of an inspection, investigation, project or activity. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 12; 1987, c. 827, s. 154.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.80 - Confidential information.

§ 143-215.80. Confidential information.
Any information relating to a secret process, device or method of manufacturing or production discovered or obtained in the course of an inspection, investigation, project or activity conducted pursuant to this Article shall not be revealed except as may be required by law or lawful order or process. (1973, c. 534, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 21A - Oil Pollution and Hazardous Substances Control. › § 143-215.81 - Authority supplemental.

§ 143-215.81. Authority supplemental.
The authority and powers granted under this Article shall be in addition to, and not in derogation of, any authority or powers vested in the Commission under any other provision of law, except to the extent that such other powers or authority may conflict directly with the powers and authority granted under this Article. (1973, c. 534, s. 1; c. 1262, s. 23; 1987, c. 827, ss. 154, 191.)