North Carolina Statutes

Chapter 77 Rivers, Creeks, and Coastal Waters

Article 1 - Commissioners for Opening and Clearing Streams.

  • § 77-1   County commissioners to appoint commissioners
    Where any inland river or stream runs through the county, or is a line of their county, the boards of commissioners of the several counties...
  • § 77-2   Flats and appurtenances procured
    The board of county commissioners appointing the commissioners may direct them to purchase or hire a flat with a windlass and the appurtenances necessary to...
  • § 77-3   Laid off in districts; passage for fish
    The board of county commissioners may appoint commissioners to examine and lay off the rivers and creeks in their county; and where the stream is...
  • § 77-4   Gates and slopes on milldams
    The commissioners appointed by the board of county commissioners to examine and lay off the rivers and creeks within the county, or where the stream...
  • § 77-5   Owner to maintain gate and slope
    Upon the confirmation of the report made by the commissioners, and notice thereof given to the owner or keeper of said mill, it shall be...
  • § 77-6   Gates and slopes discontinued
    The commissioners appointed as aforesaid, at any time that they may deem such gate and slope no longer necessary, may report the fact to their...
  • § 77-7   Failure of owner of dam to keep gates, etc
    If any owner or keeper of a mill, whose dam is across any stream, shall fail to build a gate and slope therein, or thereafter...
  • § 77-8   Repairing breaks
    Wherever any stream of water which is used to propel machinery shall be by freshet or otherwise diverted from its usual channel so as to...
  • § 77-9   Entry upon lands of another to make repairs
    In case the break occurs on the lands of a different person from the one utilizing the stream, the person utilizing the stream shall have...
  • § 77-10   Draws in bridges
    Whenever the navigation of any river or creek which, in the strict construction of law, might not be considered a navigable stream, shall be obstructed...
  • § 77-11   Public landings
    The board of county commissioners may establish public landings on any navigable stream or watercourse in the county upon petition in writing. Unless it shall...

Article 2 - Obstructions in Streams.

Article 3 - Lands Adjoining Coastal Waters.

Article 4 - Lake Wylie Marine Commission.

Article 5 - High Rock Lake Marine Commission.

  • § 77-50   Definitions
    For purposes of this Article: (1) "Boards" means the Boards of Commissioners of Davidson and Rowan Counties. (2) "Commission" means the High Rock Lake Marine...
  • § 77-51   Creation of Commission authorized
    The two counties may by joint ordinance create the High Rock Lake Marine Commission. The Boards shall hold a public hearing on the joint ordinance...
  • § 77-52   Terms of members
    Upon its creation, the Commission shall have a governing board of nine commissioners. Except as otherwise provided for the first three‑year period, each commissioner shall...
  • § 77-53   Compensation; budgetary and accounting procedures
    The joint ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the Commission, and...
  • § 77-54   Organization and meetings
    Upon creation of the Commission, its governing board shall meet at a time and place agreed upon by the Boards. The commissioners shall elect a...
  • § 77-55   Powers of Commission; administrative provision
    (a) Within the limits of funds available to it and subject to the provisions of this Article and of any joint ordinance the Commission may:...
  • § 77-56   Filing and publication of joint ordinances
    (a) A copy of the joint ordinance creating the Commission and of any joint ordinance amending or repealing the joint resolution creating the Commission shall...
  • § 77-57   Regulatory authority
    (a) Except as limited in subsection (b) below, by restrictions in any joint ordinance, and by other supervening provisions of law, the Commission may make...
  • § 77-58   Enforcement
    (a) Where a joint ordinance so provides, all law enforcement officers, or those officers as may be designated in the joint ordinance, with territorial jurisdiction...
  • § 77-59 through 77-69   Reserved for future codification purposes

Article 6 - Mountain Island Lake Marine Commission.

  • § 77-70   Definitions
    For purposes of this Article: (1) "Board" means the board of commissioners of one of the three counties. (2) "Commission" means the Mountain Island Lake...
  • § 77-71   Authority to create Commission; withdrawal from and dissolution of Commission
    The three counties may by joint resolution create the Mountain Island Lake Marine Commission. Upon its creation the Commission has the powers, duties, and responsibilities...
  • § 77-72   Membership; terms
    Upon its creation, the Commission shall have a governing board of seven. Except as otherwise provided for the initial appointees, each commissioner shall serve a...
  • § 77-73   Compensation; budget
    The joint resolution of the three counties shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed...
  • § 77-74   Organization and meetings
    Upon creation of the Commission, its governing board shall meet at a time and place agreed upon by the boards of the three counties concerned....
  • § 77-75   Powers of the Commission; administration and funding
    (a) Within the limits of funds available to it and subject to the provisions of this Article and of any joint resolution, the Commission may:...
  • § 77-76   Filing and publication of joint ordinances
    (a) A copy of the joint resolution creating the Commission and of any joint resolution amending or repealing the joint resolution creating the Commission shall...
  • § 77-77   Regulatory authority
    (a) Except as limited in subsection (b) of this section, by restrictions in any joint resolution, and by other supervening provisions of law, the Commission...
  • § 77-78   Enforcement
    (a) Where a joint resolution so provides, all law enforcement officers, or those officers as may be designated in the joint resolution, with territorial jurisdiction...

Article 6A - Lake Lure Marine Commission.

  • § 77-80   Definitions
    For purposes of this Article: (1) "Board" means the Board of Commissioners of the Town of Lake Lure. (2) "Commission" means the Lake Lure Marine...
  • § 77-81   Creation of Commission authorized
    The Board of Commissioners of the Town of Lake Lure may by ordinance create the Lake Lure Marine Commission. The Board shall hold a public...
  • § 77-82   Governing board
    Upon its creation, the Commission shall have a governing board. The governing board shall, unless otherwise stated by ordinance, be the Board of Commissioners of...
  • § 77-83   Compensation; budgetary and accounting procedures
    The municipal ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the Commission, and...
  • § 77-84   Organization and meetings
    Upon creation of the Commission, its governing board shall meet at a time and place set by the Town of Lake Lure ordinance. Unless otherwise...
  • § 77-85   Powers of Commission; administrative provision
    (a) Within the limits of funds available to it, and subject to the provisions of this Article and of the Town of Lake Lure municipal...
  • § 77-86   Filing and publication of applicable municipal ordinances
    (a) A copy of the initial municipal ordinance creating the Commission and of any ordinance amending or repealing the resolution creating the Commission shall be...
  • § 77-87   Regulatory authority
    (a) Except as limited in subsection (b) of this section, by restrictions in any municipal ordinance, and by other supervening provisions of law, the Commission...
  • § 77-88   Enforcement
    (a) Where a municipal ordinance so provides, all law enforcement officers, or those officers as may be designated in the municipal ordinance, with territorial jurisdiction...
  • § 77-89   Reserved for future codification purposes

Article 7 - Roanoke River Basin Bi-State Commission; Roanoke River Basin Advisory Committee.

  • § 77-90   Definitions
    The following definitions apply in this Article: (1) "Commission" means the Roanoke River Basin Bi‑State Commission. (2) "Roanoke River Basin" or "Basin" means that land...
  • § 77-91   Commission established; purposes
    There is established the Roanoke River Basin Bi‑State Commission. The Commission shall be composed of members from the State of North Carolina and the Commonwealth...
  • § 77-92   Membership; terms of office; eligibility for appointment
    (a) The Roanoke River Basin Bi‑State Commission shall consist of 18 members with each state appointing nine members. The North Carolina delegation to the Commission...
  • § 77-93   Powers and duties
    (a) The Commission shall have no regulatory authority. (b) To perform its duties and objectives, the Commission shall have the following powers: (1) To develop...
  • § 77-94   Standing and ad hoc committees
    To facilitate communication among stakeholders in the Basin, and to maximize participation by all interested parties, the Commission shall establish both standing and ad hoc...
  • § 77-95   Staffing and support
    (a) The North Carolina Department of Environment and Natural Resources and the Virginia Department of Environmental Quality shall provide staff support to the Commission. Additional...
  • § 77-96   Funding
    (a) The Commission shall annually adopt a budget that shall include the Commission's estimated expenses. Funding for the Commission shall be shared and apportioned between...
  • § 77-97   Compensation and expenses of Commission members
    (a) The appointed members of the North Carolina delegation to the Commission shall receive per diem, subsistence, and travel expenses as follows: (1) Commission members...
  • § 77-98   Annual report
    The Commission shall submit an annual report, including any recommendations, on or before 1 October of each year to the Governor of North Carolina, the...
  • § 77-99   Termination
    The General Assembly of North Carolina may terminate the Commission by repealing this Part. The Commission shall terminate if the General Assembly of Virginia repeals...
  • § 77-100 through 77-102   Reserved for future codification purposes
  • § 77-103   Committee established; membership; terms; vacancies
    (a) The North Carolina Roanoke River Basin Advisory Committee is established as an advisory committee to the North Carolina delegation to the Roanoke River Basin...
  • § 77-104   Cochairs; meetings
    The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one member of the Advisory Committee as...
  • § 77-105   Expenses of members
    Members of the Advisory Committee shall receive no salary or per diem as a result of service on the Advisory Committee but shall receive necessary...
  • § 77-106   Staffing; meeting facilities; assistance by agencies
    The Department of Environment and Natural Resources shall provide staffing and meeting facilities for the Advisory Committee. All agencies of the State shall cooperate with...
  • § 77-107   Reserved for future codification purposes
  • § 77-108   Reserved for future codification purposes
  • § 77-109   Reserved for future codification purposes

Article 8 - River Basins Advisory Commissions.

  • § 77-110   Definitions
    The following definitions apply in this Article: (1) "Commission" or "commissions" means (i) the Catawba/Wateree River Basin Advisory Commission, (ii) the Yadkin/Pee Dee River Basin...
  • § 77-111   Commissions established; purposes
    There is established the Catawba/Wateree River Basin Advisory Commission and the Yadkin/Pee Dee River Basin Advisory Commission. The commissions shall be constituted as described in...
  • § 77-112   Powers and duties
    (a) The authority granted to each commission shall be advisory in nature and in no way shall either commission be construed to have any regulatory...
  • § 77-113   Membership; terms of office; eligibility for appointment; meetings
    (a) The Catawba/Wateree River Basin Advisory Commission shall be composed of 15 members as follows: (1) Two members of the North Carolina House of Representatives...
  • § 77-114   Staffing; meeting facilities; assistance by agencies
    (a) The North Carolina Department of Environment and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and...
  • § 77-115   Funding
    (a) Each commission shall annually adopt a budget that shall include the estimated income and expenses of each commission. Funding for the commissions shall be...
  • § 77-116   Compensation and expenses of members of the commissions
    (a) Members of the commissions who are appointed from or reside in North Carolina shall receive no salary for their service on the commissions but...
  • § 77-117   Annual report
    The commissions shall submit annual reports, including any recommendations, on or before 1 October of each year to the Governor of North Carolina, the Environmental...
  • § 77-118   Termination
    The General Assembly of North Carolina may terminate the commissions by repealing this Article. The commissions shall terminate if the General Assembly of South Carolina...