§ 77-13. Obstructing streams a misdemeanor. - North Carolina Statutes

§77‑13.  Obstructing streams a misdemeanor.

If any person, firm, orcorporation shall fell any tree, or put any obstruction, except for thepurposes of utilizing water as a motive power, in any branch, creek, stream, orother natural passage for water, whereby the natural flow of water through suchpassage is lessened or retarded, or whereby the navigation of such stream maybe impeded, delayed, or prevented, the person, firm, or corporation sooffending shall be guilty of a Class 2 misdemeanor. In addition to any fine orimprisonment imposed, the court may, in its discretion, order the person, firm,or corporation so offending to remove the obstruction and restore the affectedwaterway to an undisturbed condition, or allow authorized employees of the enforcingagency to enter upon the property and accomplish the removal of the obstructionand the restoration of the waterway to an undisturbed condition, in which casethe costs of the removal and restoration shall be paid to the enforcing agencyby the offending party. Nothing in this section shall prevent the erection offish dams or hedges across any stream which do not extend across more than twothirds of its width at the point of obstruction. If the fish dams or hedgesextend more than two thirds of the width of any stream, the said penaltiesshall attach. This section may be enforced by marine fisheries inspectors andwildlife protectors. Within the bounds of any county or municipality, thissection may also be enforced by any law enforcement officer having territorialjurisdiction, or by the county engineer. This section may also be enforced byspecially commissioned forest law‑enforcement officers of the Departmentof Environment and Natural Resources for offenses occurring in woodlands. Forpurposes of this section, the term "woodlands" means all forestedareas, including swamp and timber lands, cutover lands, and second‑growthstands in previously cultivated sites. (1872‑3, c. 107, ss. 1,2; Code, s. 1123; Rev., s. 3559; C.S., s. 7377; 1975, c. 509; 1977, c. 771, s.4; 1979, c. 493, s. 1; 1987, c. 641, s. 12; 1989, c. 727, s. 218(19); 1991, c.152, s. 1; 1993, c. 539, s. 581; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443,s. 11A.119(a).)