§ 160A-193.1. Stream-clearing programs. - North Carolina Statutes

§ 160A‑193.1.  Stream‑clearing programs.

(a)        A city 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 city to clear obstructions from a streamshall not create or increase the responsibility of the city for the clearing ormaintenance of the stream, or for flooding of the stream. In addition, actionsby a city to clear obstructions from a stream shall not create in the city anyownership in the stream, obligation to control the stream, or affect anyotherwise existing private property right, responsibility, or entitlementregarding the stream. These provisions shall not relieve a city for negligencethat might be found under otherwise applicable law.

(c)        Nothing in this section shall be construed to affectotherwise existing rights of the State to control or regulate streams oractivities within streams. In implementing a stream‑clearing program, thecity shall comply with all requirements in State or federal statutes and rules.(2005‑441, s. 2.)