143-215.52. Definitions.
(a) As used in this Part:
(1) "Artificial obstruction" means any obstruction to the flow of water in a stream that is not a natural obstruction, including any that, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of the stream.
(1a) "Base flood" or "100-year flood" means a flood that has a one percent (1%) chance of being equaled or exceeded in any given year. The term "base flood" is used in the National Flood Insurance Program to indicate the minimum level of flooding to be addressed by a community in its floodplain management regulations.
(1b) "Base floodplain" or "100-year floodplain" means that area subject to a one percent (1%) or greater chance of flooding in any given year, as shown on the current floodplain maps prepared pursuant to the National Flood Insurance Program or approved by the Department.
(1c) "Department" means the Department of Public Safety.
(1d) "Flood hazard area" means the area designated by a local government, pursuant to this Part, as an area where development must be regulated to prevent damage from flooding. The flood hazard area must include and may exceed the base floodplain.
(2) Repealed by Session Laws 2000, c. 150, s. 1, effective August 2, 2000.
(3) "Local government" means any county or city, as defined in G.S. 160A-1.
(3a) "Lowest floor", when used in reference to a structure, means the lowest enclosed area, including a basement, of the structure. An unfinished or flood resistant enclosed area, other than a basement, that is usable solely for parking vehicles, building access, or storage is not a lowest floor.
(4) "Natural obstruction" includes any rock, tree, gravel, or other natural matter that is an obstruction and has been located within the 100-year floodplain by a nonhuman cause.
(4b) "Secretary" means the Secretary of Public Safety.
(5) "Stream" means a watercourse that collects surface runoff from an area of one square mile or greater.
(6) "Structure" means a walled or roofed building, including a mobile home and a gas or liquid storage tank.
(b) As used in this Part, the terms "artificial obstruction" and "structure" do not include any of the following:
(1) An electric generation, distribution, or transmission facility.
(2) A gas pipeline or gas transmission or distribution facility, including a compressor station or related facility.
(3) A water treatment or distribution facility, including a pump station.
(4) A wastewater collection or treatment facility, including a lift station.
(5) Processing equipment used in connection with a mining operation. (1971, c. 1167, s. 3; 2000-150, s. 1; 2011-145, s. 19.1(g).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 21 - Water and Air Resources.
§ 143-211 - Declaration of public policy.
§ 143-214.1 - Water; water quality standards and classifications; duties of Commission.
§ 143-214.2 - Prohibited discharges.
§ 143-214.2A - Prohibited disposal of medical waste.
§ 143-214.2B - Storage of waste on vessels.
§ 143-214.3 - Revision to water quality standard.
§ 143-214.4 - Certain cleaning agents containing phosphorus prohibited.
§ 143-214.5 - Water supply watershed protection.
§ 143-214.7 - Stormwater runoff rules and programs.
§ 143-214.7A - Stormwater control best management practices.
§ 143-214.7B - Fast-track permitting for stormwater management systems.
§ 143-214.8 - Division of Mitigation Servicesestablished.
§ 143-214.9 - Division of Mitigation Servicespurposes.
§ 143-214.11 - Division of Mitigation Servicescompensatory mitigation.
§ 143-214.11A - Flood storage capacity restoration and enhancement.
§ 143-214.12 - Division of Mitigation ServicesEcosystem Restoration Fund.
§ 143-214.13 - Division of Mitigation Servicesreporting requirement.
§ 143-214.14 - Cooperative State-local coalition water quality protection plans.
§ 143-214.15 - Compensatory mitigation for diverse habitats.
§ 143-214.21 - Riparian Buffer Protection ProgramRiparian Buffer Restoration Fund.
§ 143-214.22 - Riparian Buffer Protection ProgramDepartment may accept donations of real property.
§ 143-214.23A - Limitations on local government riparian buffer requirements.
§ 143-214.24 - Riparian Buffer Protection ProgramCoordination with River Basin Associations.
§ 143-214.26 - Nutrient offset credits.
§ 143-215 - Effluent standards or limitations.
§ 143-215.1 - Control of sources of water pollution; permits required.
§ 143-215.1A - Closed-loop groundwater remediation systems allowed.
§ 143-215.1B - Extension of date for compliance with nitrogen and phosphorus discharge limits.
§ 143-215.2A - Relief for contaminated private drinking water wells.
§ 143-215.3 - General powers of Commission and Department; auxiliary powers.
§ 143-215.3C - Confidential information protected.
§ 143-215.3D - Fee schedule for water quality permits.
§ 143-215.3E - Expired December 31, 2020.
§ 143-215.5 - Judicial review.
§ 143-215.6 - Recodified as §§ A through C.
§ 143-215.6A - Enforcement procedurescivil penalties.
§ 143-215.6B - Enforcement procedurescriminal penalties.
§ 143-215.6C - Enforcement procedures; injunctive relief.
§ 143-215.6E - Violation Points System applicable to swine farms.
§ 143-215.8B - Basinwide water resources management plans.
§ 143-215.8D - North Carolina Water Quality Workgroup; Rivernet.
§ 143-215.9 - Restrictions on authority of the Commission.
§ 143-215.9B - Systemwide municipal and domestic wastewater collection system permit program report.
§ 143-215.9C - Use of certain types of culverts allowed.
§ 143-215.9D - Agricultural operation investigations confidential.
§ 143-215.9E - Initial consideration of complaint.
§ 143-215.10A - Legislative findings and intent.
§ 143-215.10C - Applications and permits.
§ 143-215.10D - Operations review.
§ 143-215.10E - Violations requiring immediate notification.
§ 143-215.10G - Fees for animal waste management systems.
§ 143-215.10H - Swine integrator registration.
§ 143-215.12 - Declaration of purpose.
§ 143-215.13 - Declaration of capacity use areas.
§ 143-215.14 - Rules within capacity use areas; scope and procedures.
§ 143-215.15 - Permits for water use within capacity use areas - Procedures.
§ 143-215.17 - Enforcement procedures.
§ 143-215.18 - Map or description of boundaries of capacity use areas.
§ 143-215.19 - Administrative inspection; reports.
§ 143-215.22 - Law of riparian rights not changed.
§ 143-215.22A - Water withdrawal policy; remedies.
§ 143-215.22B - Roanoke River Basin water rights.
§ 143-215.22H - Registration of water withdrawals and transfers required.
§ 143-215.22L - Regulation of surface water transfers.
§ 143-215.24 - Declaration of purpose.
§ 143-215.26 - Construction of dams.
§ 143-215.27 - Repair, alteration, or removal of dam.
§ 143-215.28 - Action by Commission upon applications.
§ 143-215.28A - Application fees.
§ 143-215.29 - Supervision by qualified engineers; reports and modification during work.
§ 143-215.30 - Notice of completion; certification of final approval; notice of transfer.
§ 143-215.31 - Supervision over maintenance and operation of dams.
§ 143-215.32 - Inspection of dams.
§ 143-215.32A - Dam Safety Emergency Fund.
§ 143-215.33 - Administrative hearing.
§ 143-215.34 - Investigations by Department; employment of consultants.
§ 143-215.35 - Liability for damages.
§ 143-215.36 - Enforcement procedures.
§ 143-215.37 - Rights of investigation, entry, access, and inspection.
§ 143-215.40 - Resolutions and ordinances assuring local cooperation.
§ 143-215.41 - Items of cooperation to which localities and the State may bind themselves.
§ 143-215.42 - Acquisition of lands.
§ 143-215.43 - Additional powers.
§ 143-215.44 - Right of withdrawal.
§ 143-215.45 - Transfer of right of withdrawal.
§ 143-215.46 - Exercise of right of withdrawal.
§ 143-215.47 - Effect of right of withdrawal on discharges of water.
§ 143-215.48 - Determining streamflows.
§ 143-215.49 - Right of withdrawal for use in community water supply.
§ 143-215.50 - Interpretation with other statutes.
§ 143-215.54 - Regulation of flood hazard areas; prohibited uses.
§ 143-215.54A - Minimum standards for ordinances; variances for prohibited uses.
§ 143-215.55 - Acquisition of existing structures.
§ 143-215.56A - Floodplain Mapping Fund.
§ 143-215.57 - Procedures in issuing permits.
§ 143-215.58 - Violations and penalties.
§ 143-215.59 - Other approvals required.
§ 143-215.60 - Liability for damages.
§ 143-215.61 - Floodplain management.
§ 143-215.62 - Revolving fund established; conditions and procedures.
§ 143-215.65 - Reports required.
§ 143-215.66 - Monitoring required.
§ 143-215.67 - Acceptance of wastes to disposal systems and air-cleaning devices.
§ 143-215.69 - Enforcement procedures.
§ 143-215.70 - Secretary of Environmental Quality authorized to accept applications.
§ 143-215.71 - Purposes for which grants may be requested.
§ 143-215.72 - Review of applications.
§ 143-215.73 - Recommendation and disbursal of grants.
§ 143-215.73A - Water Resources Development Plan.
§ 143-215.73B - Water resources development grants administration.
§ 143-215.73F - Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.
§ 143-215.73J - Deep Draft Navigation Channel Dredging and Maintenance Fund.
§ 143-215.73M - Coastal Storm Damage Mitigation Fund.
§ 143-215.74F - Program authorized.