§ 143-215.57. Procedures in issuing permits.

244 words·~1 min read·/nc/chapter-143/143-215-57

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(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 General Statutes. Article 4 of Chapter 160D of the General Statutes 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(c)Repealed by Session Laws 2019-111, s. 2.5(h).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).)