2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-215.25A. Exempt dams.

§ 143‑215.25A.  Exempt dams.

(a)        Except as otherwise provided in this Part, this Part does not apply to any dam:

(1)        Constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, or another agency of the United States government, when the agency designed or approved plans for the dam and supervised its construction.

(2)        Constructed with financial assistance from the United States Soil Conservation Service, when that agency designed or approved plans for the dam and supervised its construction.

(3)        Licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission.

(4)        For use in connection with electric generating facilities regulated by the Nuclear Regulatory Commission.

(5)        Under a single private ownership that provides protection only to land or other property under the same ownership and that does not pose a threat to human life or property below the dam.

(6)        That is less than 15 feet in height or that has an impoundment capacity of less than 10 acre‑feet, unless the Department determines that failure of the dam could result in loss of human life or significant damage to property below the dam.

(b)        The exemption from this Part for a dam described in subdivisions (1) and (2) of subsection (a) of this section does not apply after the supervising federal agency relinquishes authority for the operation and maintenance of the dam to a local entity.  (1993, c. 394, s. 3; 2009‑390, s. 3(a).)