North Carolina General Statutes Chapter 162A Water and Sewer Systems

Article 1 - Water and Sewer Authorities.

N.C. Gen. Stat. § 162A-1. Title
This Article shall be known and may be cited as the "North Carolina Water and Sewer Authorities Act." (1955, c. 1195, s. 1; 1971,...
N.C. Gen. Stat. § 162A-2. Definitions
As used in this Article the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning...
N.C. Gen. Stat. § 162A-3. Procedure for creation; certificate of incorporation; certification of principal office and officers
(a) The governing body of a single county or the governing bodies of any two or more political subdivisions may by resolution signify their...
N.C. Gen. Stat. § 162A-3.1. Alternative procedure for creation
(a) As an alternative to the procedure set forth in G.S. 162A-3, the governing body of a single county or the governing bodies of...
N.C. Gen. Stat. § 162A-4. Withdrawal from authority; joinder of new subdivision
(a) Whenever an authority has been organized under the provisions of this Chapter, any political subdivision may withdraw therefrom at any time prior to...
N.C. Gen. Stat. § 162A-5. Members of authority; organization; quorum
(a) Each authority organized under this Article shall consist of the number of members as may be agreed upon by the participating political subdivisions,...
N.C. Gen. Stat. § 162A-5.1. Political subdivision allowed to join certain authorities
(a) As used in this section, "city" means a city, town, or incorporated village. (b) When an authority was organized under G.S. 162A-3.1 by...
N.C. Gen. Stat. § 162A-6. Powers of authority generally
(a) Each authority created hereunder shall be deemed to be a public instrumentality exercising public and essential governmental functions to provide for the public...
N.C. Gen. Stat. § 162A-6.1. Privacy of employee personnel records
(a) Notwithstanding the provisions of G.S. 132-6 or any other law concerning access to public records, personnel files of employees, former employees, or applicants...
N.C. Gen. Stat. § 162A-7. Repealed by Session Laws 1993, c. 348, s. 6
N.C. Gen. Stat. § 162A-8. Revenue bonds
A water and sewer authority shall have power from time to time to issue revenue bonds under the Local Government Revenue Bond Act. (1955,...
N.C. Gen. Stat. § 162A-9. Rates and charges; notice; contracts for water or services; deposits; delinquent charges
(a) An authority may establish and revise a schedule of rates, fees, and other charges for the use of and for the services furnished...
N.C. Gen. Stat. § 162A-9.1. Adoption and enforcement of ordinances
(a) An authority shall have the same power as a city under G.S. 160A-175 to assess civil fines and penalties for violation of its...
N.C. Gen. Stat. § 162A-10. Repealed by Session Laws 1971, c. 780, s. 33
N.C. Gen. Stat. § 162A-11. Moneys received deemed trust funds
All moneys received pursuant to the authority of this Article shall be deemed to be trust funds, to be held and applied solely as...
N.C. Gen. Stat. § 162A-12. Bondholder's remedies
Any holder of revenue bonds issued under the provisions of this Article or of any of the coupons appertaining thereto, and the trustee under...
N.C. Gen. Stat. § 162A-13. Refunding bonds
Each authority is hereby authorized to issue from time to time revenue refunding bonds for the purpose of refunding any revenue bonds of the...
N.C. Gen. Stat. § 162A-14. Conveyances and contracts between political subdivisions and authority
The governing body of any political subdivision is hereby authorized and empowered: (1) Pursuant to the provisions of G.S. 160A-274 and subject to the...
N.C. Gen. Stat. § 162A-15. Services to authority by private water companies; records of water taken by authority; reports to the Commission
Each private water company which is supplying water to the owners, lessees or tenants of real property which is or will be served by...
N.C. Gen. Stat. § 162A-16. Contributions or advances to authority by political subdivisions
Any political subdivision is hereby authorized to make contributions or advances to an authority, from any moneys which may be available for such purpose,...
N.C. Gen. Stat. § 162A-17. Article regarded as supplemental
This Article shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded...
N.C. Gen. Stat. § 162A-18. Actions against authority by riparian owners
Any riparian owner alleging an injury as a result of any act of an authority created under this Article may maintain an action for...
N.C. Gen. Stat. § 162A-19. Inconsistent laws declared inapplicable
All general, special or local laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the provisions of this Article. (1955,...

Article 2 - Regional Water Supply Planning.

N.C. Gen. Stat. § 162A-20. Title
This Article shall be known and may be cited as the "Regional Water Supply Planning Act of 1971." (1971, c. 892, s. 1.)
N.C. Gen. Stat. § 162A-21. Preamble
The Legislative Research Commission was directed by Senate Resolution 875 of the 1969 General Assembly to study and report to the 1971 General Assembly...
N.C. Gen. Stat. § 162A-22. Definition of regional water supply system
For the purposes of this Article "a regional water supply system" is defined as a public water supply system of a municipality, county, sanitary...
N.C. Gen. Stat. § 162A-23. State role and functions relating to local and regional water supply planning
(a) It should be the role of State government to provide a framework for comprehensive planning of regional water supply systems, and for the...
N.C. Gen. Stat. § 162A-24. Regional Water Supply Planning Revolving Fund established; conditions and procedures
(a) There is established under the control and direction of the Department of Administration a Regional Water Supply Planning Revolving Fund, to consist of...
N.C. Gen. Stat. § 162A-25. Construction of Article
This Article shall be construed as providing supplemental authority in addition to the powers of the Department of Environment and Natural Resources under Chapter...

Article 3 - Regional Sewage Disposal Planning.

N.C. Gen. Stat. § 162A-26. Title
This Article shall be known and may be cited as the "Regional Sewage Disposal Planning Act of 1971." (1971, c. 870, s. 1.)
N.C. Gen. Stat. § 162A-28. Role and function of Environmental Management Commission
The North Carolina Environmental Management Commission, in order to provide a framework for comprehensive planning of regional sewage disposal systems and for orderly coordination...
N.C. Gen. Stat. § 162A-29. Regional Sewage Disposal Planning Revolving Fund established; conditions and procedures
(a) There is established under the control and direction of the Department of Administration a Regional Sewage Disposal Planning Revolving Fund, to consist of...
N.C. Gen. Stat. § 162A-30. Construction of Article
This Article shall be construed as providing supplemental authority in addition to the powers of the North Carolina Utilities Commission under Chapter 62 of...

Article 4 - Metropolitan Water Districts.

N.C. Gen. Stat. § 162A-31. Short title
This Article shall be known and may be cited as the Metropolitan Water Districts Act. (1971, c. 815, s. 1.)
N.C. Gen. Stat. § 162A-32. Definitions; description of boundaries
(a) As used in this Article the following words and terms shall have the following meanings, unless the context shall indicate another or different...
N.C. Gen. Stat. § 162A-33. Procedure for creation; resolutions and petitions for creation; notice to and action by Commission for Public Health; notice and public hearing; resolutions creating districts; actions to set aside proceedings
Any two or more political subdivisions in a county, or any political subdivision or subdivisions, including any existing water or sewer district, and any...
N.C. Gen. Stat. § 162A-34. District board; composition, appointment, term, oaths and removal of members; organization; meetings; quorum; compensation and expenses of members
(a) Immediately after the creation of the district, the board of commissioners shall appoint three members of the district board and the governing body...
N.C. Gen. Stat. § 162A-35. Procedure for inclusion of additional political subdivision or unincorporated area; notice and hearing; elections; actions questioning validity of elections
If, at any time subsequent to the creation of a district, there shall be filed with the district board a resolution of the governing...
N.C. Gen. Stat. § 162A-36. Powers generally; fiscal year
(a) Each district shall be deemed to be a public body and body politic and corporate, exercising public and essential governmental functions, to provide...
N.C. Gen. Stat. § 162A-37. Bonds and notes authorized
A metropolitan water district may from time to time issue bonds and notes under the Local Government Finance Act. (1971, c. 780, s. 37.5;...
N.C. Gen. Stat. § 162A-38 through 162A-44. Repealed by Session Laws 1971, c. 780, s. 37.5; 1973, c. 494, s. 46
N.C. Gen. Stat. § 162A-45. Determination of tax rate by district board; levy and collection of tax; remittance and deposit of funds
After each assessment for taxes following the creation of the district, the board of commissioners shall file with the district board the valuation of...
N.C. Gen. Stat. § 162A-46 through 162A-48. Repealed by Session Laws 1971, c. 780, s. 37.5; 1973, c. 494, s. 46
N.C. Gen. Stat. § 162A-49. Rates and charges for services
The district board may fix, and may revise from time to time, rents, rates, fees and other charges for the use of land for...
N.C. Gen. Stat. § 162A-50 through 162A-52. Repealed by Session Laws 1971, c. 780, s. 37.5; 1973, c. 494, s. 46
N.C. Gen. Stat. § 162A-53. Authority of governing bodies of political subdivisions
The governing body of any political subdivision is hereby authorized and empowered: (1) Subject to the approval of the Local Government Commission, to transfer...
N.C. Gen. Stat. § 162A-54. Rights-of-way and easements in streets and highways
A right-of-way or easement in, along, or across any State highway system road, or street, and along or across any city or town street...
N.C. Gen. Stat. § 162A-55. Submission of preliminary plans to planning groups; cooperation with planning agencies
Prior to the time final plans are made for the location and construction of any water system or sewerage system or both, the district...
N.C. Gen. Stat. § 162A-56. Advances by political subdivisions for preliminary expenses of districts
Any political subdivision is hereby authorized to make advances, from any moneys that may be available for such purpose, in connection with the creation...
N.C. Gen. Stat. § 162A-57. Article regarded as supplemental
This Article shall not be regarded as in derogation of or as repealing any powers now existing under any other law, either general, special...
N.C. Gen. Stat. § 162A-58. Inconsistent laws declared inapplicable
All general, special or local laws, or parts thereof inconsistent herewith are hereby declared to be inapplicable, unless otherwise specified, to the provisions of...
N.C. Gen. Stat. § 162A-59 through 162A-63. Reserved for future codification purposes

Article 5 - Metropolitan Sewerage Districts.

N.C. Gen. Stat. § 162A-64. Short title
This Article shall be known and may be cited as the "North Carolina Metropolitan Sewerage Districts Act." (1961, c. 795, s. 1; 1973, c....
N.C. Gen. Stat. § 162A-65. Definitions; description of boundaries
(a) Definitions. - As used in this Article the following words and terms shall have the following meanings, unless the context shall indicate another...
N.C. Gen. Stat. § 162A-66. Procedure for creation; resolutions and petitions for creation; notice to and action by the Environmental Management Commission; notice and public hearing; resolutions creating districts; actions to set aside proceedings
Any two or more political subdivisions in one or more counties, or any political subdivision or subdivisions and any unincorporated area or areas located...
N.C. Gen. Stat. § 162A-66.5. Approval of all political subdivisions required
Prior to the adoption of a resolution under G.S. 162A-66 on or after April 1, 2013, the Environmental Management Commission shall receive a resolution...
N.C. Gen. Stat. § 162A-67. District board; composition, appointment, terms, oaths and removal of members; organization; meetings; quorum; compensation and expenses of members
(a) Appointment of Board for District Lying Wholly or Partly outside City or Town Limits. - The district board of a metropolitan sewerage district...
N.C. Gen. Stat. § 162A-67.1. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-67.2. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-67.3. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-67.4. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-67.5. Determination of population and representation
(a) For purposes of determining district board representation of political subdivisions for any appointment under this Article, population shall be determined by reference to...
N.C. Gen. Stat. § 162A-68. Procedure for inclusion of additional political subdivision or unincorporated area; notice and hearing; elections; actions to set aside proceedings
(a) If, at any time subsequent to the creation of a district, there shall be filed with the district board a resolution of the...
N.C. Gen. Stat. § 162A-69. Powers generally; fiscal year
Each district shall be deemed to be a public body and body politic and corporate exercising public and essential governmental functions to provide for...
N.C. Gen. Stat. § 162A-70. Bonds and notes authorized
A metropolitan sewerage district shall have power from time to time to issue bonds and notes under the Local Government Finance Act. (1961, c....
N.C. Gen. Stat. § 162A-71. Determination of tax rate by district board; levy and collection of tax; remittance and deposit of funds
After each assessment for taxes following the creation of the district, the board or boards of commissioners shall file with the district board the...
N.C. Gen. Stat. § 162A-72. Rates and charges for services
The district board may fix, and may revise from time to time, rents, rates, fees and other charges for the use of and for...
N.C. Gen. Stat. § 162A-73. Authority of governing bodies of political subdivisions
The governing body of any political subdivision is hereby authorized and empowered: (1) Subject to the approval of the Local Government Commission, to transfer...
N.C. Gen. Stat. § 162A-74. Rights-of-way and easements in streets and highways
A right-of-way or easement in, along, or across any State highway system, road, or street, and along or across any city or town street...
N.C. Gen. Stat. § 162A-75. Submission of preliminary plans to planning groups; cooperation with planning agencies
Prior to the time final plans are made for the location and construction of any sewerage system, the district board shall present preliminary plans...
N.C. Gen. Stat. § 162A-76. Water system acting as billing and collecting agent for district; furnishing meter readings
The owner or operator, including any political subdivision, of a water system supplying water to the owners, lessees or tenants of real property which...
N.C. Gen. Stat. § 162A-77. District may assume sewerage system indebtedness of political subdivision; approval of voters; actions founded upon invalidity of election; tax to pay assumed indebtedness
A district may assume all outstanding indebtedness of any political subdivision in the district lawfully incurred for paying all or any part of the...
N.C. Gen. Stat. § 162A-77.1. Special election upon the question of the merger of metropolitan sewerage districts into cities or towns
Any district lying entirely within the corporate limits of a city or town may be merged into such city or town in accordance with...
N.C. Gen. Stat. § 162A-78. Advances by political subdivisions for preliminary expenses of districts
Any political subdivision is hereby authorized to make advances, from any moneys that may be available for such purpose, in connection with the creation...
N.C. Gen. Stat. § 162A-79. Article regarded as supplemental
This Article shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded...
N.C. Gen. Stat. § 162A-80. Inconsistent laws declared inapplicable
All general, special or local laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable, unless otherwise specified, to the provisions of...
N.C. Gen. Stat. § 162A-81. Adoption and enforcement of ordinances
(a) A district shall have the same power as a city under G.S. 160A-175 to assess civil fines and penalties for violation of its...
N.C. Gen. Stat. § 162A-82 through 162A-85. Reserved for future codification purposes

Article 5A - Metropolitan Water and Sewerage Districts.

N.C. Gen. Stat. § 162A-85.1. Definitions
(a) Definitions. - As used in this Article, the following definitions shall apply: (1) Board of commissioners. - The duly elected board of commissioners...
N.C. Gen. Stat. § 162A-85.2. Creation
(a) Except as provided by operation of law, the governing bodies of two or more political subdivisions may establish a metropolitan water and sewerage...
N.C. Gen. Stat. § 162A-85.3. District board
(a) Appointment. - The district board shall consist of members appointed as follows: (1) Two individuals by the governing body of each county served,...
N.C. Gen. Stat. § 162A-85.4. Expansion of district board after creation
(a) After creation pursuant to G.S. 162A-85.2, the district board may expand to include other political subdivisions if the district board and the political...
N.C. Gen. Stat. § 162A-85.5. Powers generally
(a) Each district shall be deemed to be a public body and body politic and corporate exercising public and essential governmental functions to provide...
N.C. Gen. Stat. § 162A-85.6. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.7. Bonds and notes authorized
A metropolitan water and sewerage district shall have power from time to time to issue bonds and notes under the Local Government Finance Act....
N.C. Gen. Stat. § 162A-85.8. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.9. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85-10. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85-11. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85-12. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.13. Rates and charges for services
(a) The district board may fix, and may revise from time to time, rents, rates, fees, and other charges for the use of and...
N.C. Gen. Stat. § 162A-85.14. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.14. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.14. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.17. Rights-of-way and easements
A right-of-way or easement in, along, or across any State highway system, road, or street, and along or across any city or town street...
N.C. Gen. Stat. § 162A-85.18. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.19. Authority of governing bodies of political subdivisions
(a) The governing body of any political subdivision is hereby authorized and empowered to do any of the following: (1) Subject to the approval...
N.C. Gen. Stat. § 162A-85.20. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.21. Submission of preliminary plans to planning groups; cooperation with planning agencies
(a) Prior to the time final plans are made for the extension of any water system or sewerage system, the district board shall present...
N.C. Gen. Stat. § 162A-85.22. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.23. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.24. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.25. Adoption and enforcement of ordinances
(a) A district shall have the same power as a city under G.S. 160A-175 to assess civil fines and penalties for violation of its...
N.C. Gen. Stat. § 162A-85.26. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.27. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.28. Reserved for future codification purposes
N.C. Gen. Stat. § 162A-85.29. No privatization
The district board may not in any way privatize the provision of water or sewer to the customers of the district unless related to...

Article 6 - County Water and Sewer Districts.

N.C. Gen. Stat. § 162A-86. Formation of district; hearing
(a) The board of commissioners of any county may create a county water and sewer district. (a1) The governing board of a consolidated city-county,...
N.C. Gen. Stat. § 162A-87. Creation of district; standards; limitation of actions
(a) Following the public hearing, the board of commissioners may, by resolution, create a county water and sewer district if the board finds that:...
N.C. Gen. Stat. § 162A-87.1. Extension of water and sewer districts
(a) Standards. - The board of commissioners may, by resolution, annex territory to any water and sewer district upon a finding that: (1) The...
N.C. Gen. Stat. § 162A-87.1A. Initial boundaries of district
(a) The initial boundaries of a district may exclude areas contained solely within the external boundaries of the district. (b) The initial boundaries of...
N.C. Gen. Stat. § 162A-87.1B. Transfer of State-owned property from one district to another
If any property owned by the State is located in a county water and sewer district, the board of commissioners of that county by...
N.C. Gen. Stat. § 162A-87.2. Abolition of water and sewer districts
(a) Upon finding that there is no longer a need for a water and sewer district and that there are no outstanding bonds or...
N.C. Gen. Stat. § 162A-87.3. Services outside the district
(a) A county water and sewer district may provide water or sewer services, or both, to customers outside the district, but in no case...
N.C. Gen. Stat. § 162A-88. District is a municipal corporation
The inhabitants of a county water and sewer district created pursuant to this Article are a body corporate and politic by the name specified...
N.C. Gen. Stat. § 162A-88.1. Contracts with private entities
A county water and sewer district may contract with and appropriate money to any person, association, or corporation, in order to carry out any...
N.C. Gen. Stat. § 162A-89. Governing body of district; powers
(a) The board of commissioners of the county in which a county water and sewer district is created is the governing body of the...
N.C. Gen. Stat. § 162A-89.1. Eminent domain power authorized
A county water and sewer district shall have the power of eminent domain, to be exercised in accordance with the provisions of Chapter 40A...
N.C. Gen. Stat. § 162A-90. Bonds and notes authorized
A county water and sewer district may from time to time issue general obligation and revenue bonds and bond anticipation notes pursuant to the...
N.C. Gen. Stat. § 162A-91. Taxes authorized
The governing body of a county water and sewer district may levy property taxes within the district in order to finance the operation and...
N.C. Gen. Stat. § 162A-92. Special assessments authorized
A county water and sewer district may make special assessments against benefited property within the district for all or part of the costs of:...
N.C. Gen. Stat. § 162A-93. Certain city actions prohibited
(a) No city may duplicate water or sewer services provided by a district under this Article by installing parallel lines and requiring owners of...
N.C. Gen. Stat. § 162A-94. Certain actions validated
Any contract entered into by a county water and sewer district on or before February 1, 1995, is not invalid because of failure to...
N.C. Gen. Stat. § 162A-95 through 162A-100. Reserved for future codification purposes

Article 7 - Assumption of Indebtedness of Certain Districts.

N.C. Gen. Stat. § 162A-101. Assumption of indebtedness of certain districts
Subject to approval by a majority of the qualified voters of the county voting at an election thereon, a county may assume all indebtedness,...

Last modified: March 23, 2014