§ 143-215.52. Definitions. - North Carolina Statutes

§ 143‑215.52. Definitions.

(a)        As used in this Part:

(1)        "Artificial obstruction" means any obstruction tothe flow of water in a stream that is not a natural obstruction, including anythat, while not a significant obstruction in itself, is capable of accumulatingdebris 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 exceededin any given year. The term "base flood" is used in the NationalFlood Insurance Program to indicate the minimum level of flooding to beaddressed by a community in its floodplain management regulations.

(1b)      "Base floodplain" or "100‑yearfloodplain" means that area subject to a one percent (1%) or greater chanceof flooding in any given year, as shown on the current floodplain maps preparedpursuant to the National Flood Insurance Program or approved by the Department.

(1c)      "Department" means the Department of Crime Controland Public Safety.

(1d)      "Flood hazard area" means the area designated by alocal government, pursuant to this Part, as an area where development must beregulated to prevent damage from flooding. The flood hazard area must includeand may exceed the base floodplain.

(2)        Repealed by Session Laws 2000, c. 150, s. 1.

(3)        "Local government" means any county or city, asdefined in G.S. 160A‑1.

(3a)      "Lowest floor", when used in reference to astructure, means the lowest enclosed area, including a basement, of thestructure. An unfinished or flood resistant enclosed area, other than abasement, that is usable solely for parking vehicles, building access, orstorage is not a lowest floor.

(4)        "Natural obstruction" includes any rock, tree,gravel, or other natural matter that is an obstruction and has been locatedwithin the 100‑year floodplain by a nonhuman cause.

(4b)      "Secretary" means the Secretary of Crime Controland Public Safety.

(5)        "Stream" means a watercourse that collects surfacerunoff 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 "artificialobstruction" and "structure" do not include any of thefollowing:

(1)        An electric generation, distribution, or transmissionfacility.

(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 pumpstation.

(4)        A wastewater collection or treatment facility, including alift station.

(5)        Processing equipment used in connection with a miningoperation. (1971, c. 1167, s.3; 2000‑150, s. 1.)