§ 113A-33. Definitions. - North Carolina Statutes

§ 113A‑33. Definitions.

As used in this Article, unless the context requires otherwise:

(1)        "Department" means the Department of Environmentand Natural Resources.

(2)        "Free‑flowing," as applied to any river orsection of a river, means existing or flowing in natural condition withoutsubstantial impoundment, diversion, straightening, rip‑rapping, or othermodification of the waterway. The existence of low dams, diversion works, andother minor structures at the time any river is proposed for inclusion in theNorth Carolina natural and scenic rivers system shall not automatically bar itsconsideration for such inclusion: Provided, that this shall not be construed toauthorize, intend, or encourage future construction of such structures withincomponents of the system.

(3)        "River" means a flowing body of water or estuaryor a section, portion, or tributary thereof, including rivers, streams, creeks,runs, kills, rills, and small lakes.

(4)        "Road" means public or private highway, hard‑surfaceroad, dirt road, or railroad.

(5)        "Scenic easement" means a perpetual easement inland which (i) is held for the benefit of the people of North Carolina, (ii) isspecifically enforceable by its holder or beneficiary, and (iii) limits orobligates the holder of the servient estate, his heirs, and assigns withrespect to their use and management of the land and activities conductedthereon. The object of such limitations and obligations is the maintenance orenhancement of the natural beauty of the land in question or of the areasaffected by it.

(6)        "Secretary" means the Secretary of Environment andNatural Resources. (1971, c. 1167, s.2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 122; 1989 (Reg.Sess., 1990), c. 1004, s. 19(b); 1997‑443, s. 11A.119(a).)