§ 143-215.9C. Use of certain types of culverts allowed. - North Carolina Statutes

§ 143‑215.9C.  Use ofcertain types of culverts allowed.

(a)        The Division ofWater Quality in the Department of Environment and Natural Resources shallallow the use of structures known as three‑sided, open‑bottom, orbottomless culverts. A culvert authorized under this section shall be designed,constructed, and installed so that it satisfies all of the followingrequirements:

(1)        Adheres toprofessional engineering standards and sound engineering practices.

(2)        To the extentpracticable, minimizes the erosive velocity of water.

(3)        Has an inside thatis greater than or equal to 1.2 times the bankfull width of the spannedwaterbody. For purposes of this subdivision, "bankfull width" meansthe width of the stream where over‑bank flow begins during a flood event.

(b)        The Division shallallow the use of culverts authorized under this section throughout the Stateand may not limit their use to locations where they must be tied into bedrock.Culverts authorized under this section may only be used on private property andmay not be transferred to, or operated or maintained by, the Department ofTransportation.  (2009‑478,s. 1.)