GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1281

Short Title:  Increase Dam Safety.	(Public)
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Sponsors: Representative Jeralds.
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Referred to:  Appropriations.
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May 10, 1991

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO COMPILE AN INVENTORY OF AND INSPECT EXISTING SMALL DAMS AND TO REQUIRE DEVELOPERS AND BUILDERS TO FILE A MAP OR PLAT WITH THE DEPARTMENT SHOWING EXISTING OR PLANNED DAMS PRIOR TO OBTAINING A BUILDING PERMIT OR RECORDING A SUBDIVISION PLAT.
Whereas, the North Carolina Dam Safety Act was enacted to provide for the certification and inspection of dams in the interest of public health, safety, and welfare, and to reduce the risk of a dam failure that results in a loss of life and property; and
Whereas, the existing dam safety program focuses its regulatory effort on dams that are over 15 feet in height and impound more than 10 acre-feet of water; and
Whereas, there exist numerous dams throughout the State that are smaller than 15 feet or impound less than 10 acre-feet of water that, due to the increased urbanization of the State have come to present a real threat to human life and property, and whose locations are not known to the State; and
Whereas, on at least one occasion in the recent past, the failure of a small dam in the State has resulted in loss of human life and considerable property damage;  Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The Department of Environment, Health, and Natural Resources shall survey the State and compile an inventory of dams that are less than 15 feet in height or whose impoundment capacity is less than 10 acre-feet of water.  As a part of the survey, the Department shall inspect each small dam and assess its condition and the threat posed by the dam to human life and property.  Each small dam shall be scheduled for subsequent inspections according to the results of the assessment.
Sec. 2.  Part 3 of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-215.38.  Registration of small dams.
(a)	For purposes of this section, 'small dam' means any dam less than 15 feet in height (measured from original stream bottom to crest of dam) or whose impoundment capacity is less than 10 acre-feet.
(b)	Prior to subdividing a tract of land or beginning any construction activity for which a permit is required pursuant to G.S. 153A-357 or G.S. 160A-417, the person applying for a construction permit or seeking to subdivide a tract of land shall file with the Department a map or plat showing the location, size, and impoundment capacity of any existing or planned small dams located on the affected tract of land.  The Department shall issue the party filing the map or plat certification showing that the party has complied with this section.
(c)	The Department shall inspect each small dam so identified to assess its condition and any threat it poses to human life or property.  Each small dam shall be scheduled for subsequent inspections according to the results of the assessment.
(d)	The Department may assess a fee, not to exceed ten dollars ($10.00) per map or plat filed, to cover the costs of processing.  The Department may adopt rules to implement this section in accordance with Chapter 150B."
Sec. 3. Article 5A of Chapter 39 of the General Statutes is amended by adding a new section to read:
"§ 39-32.5.  Recordation of plat showing location of dams.
Every plat or map recorded pursuant to this Article shall show the location of all existing and planned small dams, as defined in G.S. 143-215.38, on the tract of land affected.  The register of deeds shall not accept for registration or record any map or plat of a real estate subdivision or development made after October 1, 1991, showing existing or planned small dams unless the map or plat is accompanied by certification from the Department of Environment, Health, and Natural Resources that the map or plat has been filed with the Department in accordance with G.S. 143-215.38."
Sec. 4.  G.S. 153A-357 is amended by adding a new subsection to read:
"( c)	If an applicant for a permit under subsection (a) is required to register a small dam pursuant to G.S. 143-215.38, no permit shall be issued unless the permit applicant provides certification that a map or plat showing any existing or planned small dams on the tract of land containing the activity has been filed with the Department of Environment, Health, and Natural Resources in accordance with G.S. 143-215.38."
Sec. 5.  G.S. 160A-417 is amended by adding a new subsection to read:
"( c)	If an applicant for a permit under subsection (a) is required to register a small dam pursuant to G.S. 143-215.38, no permit shall be issued unless the permit applicant provides certification that a map or plat showing any existing or planned small dams on the tract of land containing the activity has been filed with the Department of Environment, Health, and Natural Resources in accordance with G.S. 143-215.38."
Sec. 6.  There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources the sum of $225,000 for the 1991-92 fiscal year and the sum of $225,000 for the 1992-93 fiscal year to implement the provisions of Section 1 of this act.
Sec. 7.  This act becomes effective October 1, 1991, and applies to maps and plats recorded and building permits applied for on or after that date.