§ 153A-140.1. Stream-clearing programs. - North Carolina Statutes

§ 153A‑140.1.  Stream‑clearing programs.

(a)        A county shall have the authority to remove natural and man‑madeobstructions in stream channels and in the floodway of streams that may impedethe passage of water during rain events.

(b)        The actions of a county to clear obstructions from a streamshall not create or increase the responsibility of the county for the clearingor maintenance of the stream, or for flooding of the stream. In addition,actions by a county to clear obstructions from a stream shall not create in thecounty any ownership in the stream, obligation to control the stream, or affectany otherwise existing private property right, responsibility, or entitlementregarding the stream. These provisions shall not relieve a county fornegligence that might be found under otherwise applicable law.

(c)        Nothing in this section shall be construed to affectexisting rights of the State to control or regulate streams or activitieswithin streams. In implementing a stream‑clearing program, the countyshall comply with all requirements in State or federal statutes and rules. (2005‑441, s. 1.)