A BILL TO BE ENTITLED
AN ACT FACILITATING THE ESTABLISHMENT OF MUNICIPAL PROGRAMS TO CLEAR streams by clarifying a municipality's liability for such actions.
Whereas, the clearing of obstructions in streams, such as dead trees, fallen tree limbs, root balls, underbrush, and trash and debris furthers the health, safety, and welfare of the State's citizens by allowing such streams to function more efficiently to remove stormwater, thus reducing flooding; and
Whereas, municipalities are deterred from engaging in stream-clearing activities by the possibility that they will become legally responsible for regular stream clearing, or the possibility that they will become legally responsible for the impact on private properties of natural events such as flooding, which have never been the legal responsibility of local governments; and
Whereas, many private landowners do not have the resources to clear obstructions from the streams that are located on their property, and it is in the public interest to facilitate the establishment of stream‑clearing programs by municipal governments; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Article 8 of Chapter 160A is amended by adding a new section to read:
"§ 160A‑195.  Stream-clearing programs.
(a)	The existence of dead trees, tree limbs, root balls, underbrush, trash and debris, mounds of earth and vegetation, and other obstructions in stream channels and in the floodway of streams may impede the passage of water during rain events. The removal of obstructions from the floodway of streams by a municipality furthers the public health, safety, and welfare.
(b)	The actions of a municipality to clear obstructions from a stream shall not create or increase municipal responsibility for the clearing or maintenance of the stream, or for flooding of the stream. In addition, actions by a municipality to clear obstructions from a stream shall not create in the municipality any ownership in the stream, obligation to control the stream, or affect any otherwise existing private property right, responsibility, or entitlement regarding the stream. These provisions shall not relieve a municipality for negligence that might be found under otherwise applicable law.
(c)	Implementation by a municipality of a stream-clearing program shall not affect otherwise existing rights of the State to control or regulate streams or activities within streams. The municipality shall comply with all permitting requirements otherwise provided for by law."
SECTION 2.  This act is effective when it becomes law and applies to stream-clearing activities commenced on or after that date.