GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 152
SENATE BILL 330

AN ACT TO MAKE THE OBSTRUCTION OF STREAMS AND DITCHES A STRICT LIABILITY OFFENSE, TO INCREASE THE PENALTIES FOR THE OBSTRUCTION OF STREAMS AND DITCHES, AND TO REDEFINE THE AUTHORITY OF FOREST LAW ENFORCEMENT OFFICERS TO ENFORCE THE PROHIBITION AGAINST OBSTRUCTION OF STREAMS AND DITCHES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 77-13 reads as rewritten:
"§ 77-13.  Obstructing streams a misdemeanor.
If any person, firm, or corporation shall fell any tree, or put any obstruction, except for the purposes of utilizing water as a motive power, in any branch, creek, stream, or other natural passage for water, whereby the natural flow of water through such passage is lessened or retarded, or whereby the navigation of such stream may be impeded, delayed, or prevented, the person, firm, or corporation so offending shall be guilty of a misdemeanor, and fined not to exceed five hundred dollars ($500.00), or imprisoned not to exceed six months, or both, in the discretion of the court.  In addition to any fine or imprisonment imposed, the court may, in its discretion, order the person, firm, or corporation so offending to remove the obstruction and restore the affected waterway to an undisturbed condition, or allow authorized employees of the enforcing agency to enter upon the property and accomplish the removal of the obstruction and the restoration of the waterway to an undisturbed condition, in which case the costs of the removal and restoration shall be paid to the enforcing agency by the offending party.  Nothing in this section shall prevent the erection of fish dams or hedges across any stream which do not extend across more than two thirds of its width at the point of obstruction.  If the fish dams or hedges extend more than two thirds of the width of any stream, the said penalties shall attach. This section may be enforced by marine fisheries inspectors and wildlife protectors.  Within the bounds of any county or municipality, this section may also be enforced by any law enforcement officer having territorial jurisdiction, or by the county engineer.  This section may also be enforced by specially commissioned forest law-enforcement officers of the Department of Environment, Health, and Natural Resources for offenses occurring in woodlands.  For purposes of this section, the term 'woodlands' means all forested areas, including swamp and timber lands, cutover lands, and second-growth stands in previously cultivated sites.  "
Sec. 2.  G.S. 77-14 reads as rewritten:
"§ 77-14.  Obstructions in streams and drainage ditches.
If any person, firm or corporation shall fell any tree or put any slabs, stumpage, sawdust, shavings, lime, refuse or any other substances in any creek, stream, river or natural or artificial drainage ravine or ditch, or in any other outlet which serves to remove water from any land whatsoever whereby the drainage of said land is impeded, delayed or prevented, the person, firm or corporation so offending shall be guilty of a misdemeanor and upon conviction thereof shall be fined up to five hundred dollars ($500.00) or imprisoned for up to six months, or both, in the discretion of the court: Provided, however, nothing herein shall prevent the construction of any dam or weir not otherwise prohibited by any valid local or State statute or regulation. In addition to any fine or imprisonment imposed, the court may, in its discretion, order the person, firm, or corporation so offending to remove the obstruction and restore the affected waterway to an undisturbed condition, or allow authorized employees of the enforcing agency to enter upon the property and accomplish the removal of the obstruction and the restoration of the waterway to an undisturbed condition, in which case the costs of the removal and restoration shall be paid to the enforcing agency by the offending party.  This section may be enforced by marine fisheries inspectors and wildlife protectors.  Within the boundaries of any county or municipality this section may also be enforced by any law enforcement officer having territorial jurisdiction, or by the county engineer.  This section may also be enforced by specially commissioned forest law-enforcement officers of the Department of Environment, Health, and Natural Resources for offenses occurring in woodlands.  For purposes of this section, the term 'woodlands' means all forested areas, including swamp and timber lands, cutover lands and second-growth stands on previously cultivated sites.  "
Sec. 3.  This act is effective upon ratification, and applies to acts committed on or after that date.
In the General Assembly read three times and ratified this the 29th day of May, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives