AN ACT To direct the division of water quality in the department of environment and natural resources to authorize the use of three‑sided, open‑bottom, or bottomless culverts on private property, based on sound engineering practices, as recommended by the joint LEGISLATIVE TRANSPORTATION OVERSIGHT committee.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 1 of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑215.9C.  Use of certain types of culverts allowed.
(a)	The Division of Water Quality in the Department of Environment and Natural Resources shall allow the use of structures known as three‑sided, open‑bottom, or bottomless culverts. A culvert authorized under this section shall be designed, constructed, and installed so that it satisfies all of the following requirements:
(1)	Adheres to professional engineering standards and sound engineering practices.
(2)	To the extent practicable, minimizes the erosive velocity of water.
(3)	Has an inside that is greater than or equal to 1.2 times the bankfull width of the spanned waterbody. For purposes of this subdivision, "bankfull width" means the width of the stream where over‑bank flow begins during a flood event.
(b)	The Division shall allow the use of culverts authorized under this section throughout the State and may not limit their use to locations where they must be tied into bedrock. Culverts authorized under this section may only be used on private property and may not be transferred to, or operated or maintained by, the Department of Transportation."
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 7th day of August, 2009.

	_____________________________________
		 Marc Basnight
	 President Pro Tempore of the Senate

	_____________________________________
		 Joe Hackney
	 Speaker of the House of Representatives

	_____________________________________
		 Beverly E. Perdue
	 Governor

Approved __________.m. this ______________ day of ___________________, 2009