NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1070

HOUSE BILL 997

 

 

AN ACT TO AUTHORIZE THE NORTH CAROLINA DEPARTMENT OF WATER RESOURCES TO ASSIST, COORDINATE, AND OTHERWISE PARTICIPATE WITH LOCAL LEVELS OF GOVERNMENT IN A PROGRAM OF FLOOD PLAIN MANAGEMENT.

 

WHEREAS, a significant portion of the State's land resources is subject to recurrent flooding by overflow of streams and watercourses and by hurricane action causing loss of life and property, disruption of commerce, and interruption of transportation and communications, all of which are detrimental to the health, safety, welfare and property of the people of this State; and

WHEREAS, the public interest necessitates sound development of land use, as land is a limited, valuable and irreplaceable resource, and the flood plains of this State are a land resource to be developed in a manner, which in conjunction with economically feasible structural measures for flood control, will result in (1) prevention of loss of life and personal injury, and (2) the prevention of economic loss caused by excessive flooding; and

WHEREAS, the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish flood plain management rests with local levels of government: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 143-355(b) is hereby amended by adding at the end thereof the following:

"(15)    To initiate, plan, study, and execute a long range flood plain management program for the promotion of health, safety, and welfare of the public. In carrying out the purposes of this subsection, the primary responsibility of flood plain management rests with the local levels of government and it is, therefore, the policy of this State and of this Department to provide guidance, coordination, and other means of assistance, along with the other agencies of this State and with the local levels of government, to effectuate adequate flood plain management programs.

"This department is directed to pursue an active educational program of flood plain management measures, to include in each biennial report a statement of flood damages, location where flood plain management is desirable, and suggested legislation, if deemed desirable, and within its capacities to provide advice and assistance to State agencies and local levels of government."

Sec. 2.  North Carolina General Statute 139-35(c) is hereby amended by re‑designating the existing subsection "(3)" to be designated subsection "(4)" and to insert the following subsection in lieu thereof:

"(3)      Determine whether a program of flood plain management in connection with such proposed works is in the public interest, and to withhold approval until satisfactory measures are incorporated."

Sec. 3.  G.S. 139-35(c) is further amended by adding a sentence immediately after the first sentence of the last paragraph of said subsection to read as follows:

"The Board may publish flood plain management criteria to be followed by those persons, district, or other agencies preparing such work plans."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.