GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 152
The General Assembly of North Carolina enacts:
Section 1. G.S. 77-13 reads as rewritten:
"§ 77-13. Obstructing streams a misdemeanor.
If any person person, firm, or corporation shall
willfully fell any tree, or willfully put any obstruction, except
for the purposes of utilizing water as a motive power, in any branch, creek,
creek, stream, or other natural passage for water, whereby the
natural flow of water through such passage is lessened or retarded, and or
whereby the navigation of such stream by any raft or flat may be
impeded, delayed, or prevented, the person person, firm, or
corporation so offending shall be guilty of a misdemeanor, and fined not to
exceed fifty dollars ($50.00), five hundred dollars ($500.00), or
imprisoned not to exceed 30 days. six months, or both, in the
discretion of the court. In addition to any fine or imprisonment imposed,
the court may, in its discretion, order the person, firm, or corporation so
offending to remove the obstruction and restore the affected waterway to an
undisturbed condition, or allow authorized employees of the enforcing agency to
enter upon the property and accomplish the removal of the obstruction and the
restoration of the waterway to an undisturbed condition, in which case the
costs of the removal and restoration shall be paid to the enforcing agency by
the offending party. Nothing in this section shall prevent the
erection of fish dams or hedges across any stream which do not extend
across more than two thirds of the its width of any stream
where erected, but if extending over at the point of obstruction.
If the fish dams or hedges extend more than two thirds of the width of any
stream, the said penalties shall attach. This section may be enforced by marine
fisheries inspectors, inspectors and wildlife protectors, protectors.
Within the bounds of any county or municipality, this section may also be
enforced by any law enforcement officer having territorial jurisdiction, or by
the county engineer. This section may also be enforced by or specially
commissioned forest law-enforcement officers of the Department of Environment,
Health, and Natural Resources. Resources for offenses occurring in
woodlands. For purposes of this section, the term 'woodlands' means all
forested areas, including swamp and timber lands, cutover lands, and
second-growth stands in previously cultivated sites. In any county
with a population in excess of 325,000, this section may also be enforced by
the county engineer."
Sec. 2. G.S. 77-14 reads as rewritten:
"§ 77-14. Obstructions in streams and drainage ditches.
If any person, firm or corporation shall fell any tree or put
any slabs, stumpage, sawdust, shavings, lime, refuse or any other substances in
any creek, stream, river or natural or artificial drainage ravine or ditch, or
in any other outlet which serves to remove water from any land whatsoever
whereby the natural and normal drainage of said land is impeded, delayed
or prevented, the person, firm or corporation so offending shall be guilty of a
misdemeanor and upon conviction thereof shall be fined up to five hundred
dollars ($500.00) or imprisoned for up to six months, or both, in the
discretion of the court: Provided, however, nothing herein shall prevent the
construction of any dam or weir not otherwise prohibited by any valid local or
State statute or regulation. In addition to any fine or imprisonment
imposed, the court may, in its discretion, order the person, firm, or
corporation so offending to remove the obstruction and restore the affected
waterway to an undisturbed condition, or allow authorized employees of the
enforcing agency to enter upon the property and accomplish the removal of the
obstruction and the restoration of the waterway to an undisturbed condition, in
which case the costs of the removal and restoration shall be paid to the
enforcing agency by the offending party. This section may be enforced
by marine fisheries inspectors, inspectors and wildlife protectors,
protectors. Within the boundaries of any county or municipality
this section may also be enforced by any law enforcement officer having
territorial jurisdiction, or by the county engineer. This section may
also be enforced by or specially commissioned forest law-enforcement
officers of the Department of Environment, Health, and Natural Resources. Resources
for offenses occurring in woodlands. For purposes of this section, the
term 'woodlands' means all forested areas, including swamp and timber lands,
cutover lands and second-growth stands on previously cultivated sites. In
any county with a population in excess of 325,000, this section may also be
enforced by the county engineer."
Sec. 3. This act is effective upon ratification, and applies to acts committed on or after that date.
In the General Assembly read three times and ratified this the 29th day of May, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives