§ 77-14. Obstructions in streams and drainage ditches. - North Carolina Statutes

§77‑14.  Obstructions in streams and drainage ditches.

If any person, firm orcorporation shall fell any tree or put any slabs, stumpage, sawdust, shavings,lime, refuse or any other substances in any creek, stream, river or natural orartificial drainage ravine or ditch, or in any other outlet which serves toremove water from any land whatsoever whereby the drainage of said land isimpeded, delayed or prevented, the person, firm or corporation so offendingshall be guilty of a Class 2 misdemeanor: Provided, however, nothing hereinshall prevent the construction of any dam or weir not otherwise prohibited byany valid local or State statute or regulation. 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 theenforcing agency to enter upon the property and accomplish the removal of theobstruction and the restoration of the waterway to an undisturbed condition, inwhich case the costs of the removal and restoration shall be paid to theenforcing agency by the offending party. This section may be enforced by marinefisheries inspectors and wildlife protectors. Within the boundaries of anycounty or municipality this section may also be enforced by any law enforcementofficer having territorial jurisdiction, or by the county engineer. Thissection may also be enforced by specially commissioned forest law‑enforcementofficers of the Department of Environment and Natural Resources for offensesoccurring in woodlands. For purposes of this section, the term"woodlands" means all forested areas, including swamp and timberlands, cutover lands and second‑growth stands on previously cultivatedsites. (1953, c. 1242; 1957, c. 524; 1959, cc. 160, 1125;1961, c. 507; 1969, c. 790, s. 1; 1975, c. 509; 1977, c. 771, s. 4; 1979, c.493, s. 1; 1987, c. 641, s. 13; 1989, c. 727, s. 218(20); 1991, c. 152, s. 2;1993, c. 539, s. 582; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s.11A.119(a).)