North Carolina General Statutes 143-215.57. Procedures in issuing permits
(a) A local government may establish application forms and require maps, plans, and other information necessary for the issuance of permits in a manner consonant with the objectives of this Part. For this purpose a local government may take into account anticipated development in the foreseeable future that may be adversely affected by the obstruction, as well as existing development. They shall consider the effects of a proposed artificial obstruction in a stream in creating danger to life and property by:
(1) Water that may be backed up or diverted by the obstruction.
Terms Used In North Carolina General Statutes 143-215.57
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- standards: means such measure or measures of the quality of water and air as are established by the Commission pursuant to N. See North Carolina General Statutes 143-213
(2) The danger that the obstruction will be swept downstream to the injury of others.
(3) The injury or damage at the site of the obstruction itself.
(b) In prescribing standards and requirements for the issuance of permits under this Part and in issuing permits, local governments shall proceed as in the case of an ordinance for the better government of the county or city as the case may be. Local government jurisdiction for these ordinances shall be as specified in Article 2 of Chapter 160D of the N.C. Gen. Stat.. Article 4 of Chapter 160D of the N.C. Gen. Stat. shall apply to the administration, enforcement, and appeals regarding these ordinances.
(c) Repealed by Session Laws 2019-111, s. 2.5(h). See editor’s note for effective date and applicability. (1971, c. 1167, s. 3; 2000-150, s. 1; 2019-111, s. 2.5(h); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)