North Carolina General Statutes Chapter 77 Rivers, Creeks, and Coastal Waters

Article 1 - Commissioners for Opening and Clearing Streams.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 2 - Obstructions in Streams.

N.C. Gen. Stat. § 77-12. Obstructing passage of boats
If any person shall obstruct the free passage of boats along any river or creek, by felling trees, or by any other means whatever,...
N.C. Gen. Stat. § 77-13. Obstructing streams a misdemeanor
If any person, firm, or corporation shall fell any tree, or put any obstruction, except for the purposes of utilizing water as a motive...
N.C. Gen. Stat. § 77-14. Obstructions in streams and drainage ditches
If any person, firm or corporation shall fell any tree or put any slabs, stumpage, sawdust, shavings, lime, refuse or any other substances in...
N.C. Gen. Stat. § 77-15 through 77-19. Reserved for future codification purposes

Article 3 - Lands Adjoining Coastal Waters.

N.C. Gen. Stat. § 77-20. Seaward boundary of coastal lands
(a) The seaward boundary of all property within the State of North Carolina, not owned by the State, which adjoins the ocean, is the...
N.C. Gen. Stat. § 77-21 through 77-29. Reserved for future codification purposes

Article 4 - Lake Wylie Marine Commission.

N.C. Gen. Stat. § 77-30. Definitions
For purposes of this article: (1) "Board" means the board of commissioners of Mecklenburg and Gaston Counties, North Carolina and the county council of...
N.C. Gen. Stat. § 77-31. Authority to create and dissolve commission
The three counties may by joint ordinance create the Lake Wylie Marine Commission. Upon its creation, the Commission has the powers, duties and responsibilities...
N.C. Gen. Stat. § 77-32. Governing body
Upon its creation, the commission shall have a governing board of seven. Except as otherwise provided for the first four-year period, each commissioner shall...
N.C. Gen. Stat. § 77-33. Compensation and expenses of commissioners, consultants and staff
The joint ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the Commission,...
N.C. Gen. Stat. § 77-34. Meetings and election of officers; rules and regulations
Upon creation of the Commission, its governing board shall meet at a time and place agreed upon by the boards of the three counties...
N.C. Gen. Stat. § 77-35. Powers and duties
(a) Within the limits of funds available to it and subject to the provisions of this act and of any joint ordinance the Commission...
N.C. Gen. Stat. § 77-36. Filing and distribution of certified single ordinance text; effective date of ordinance and admissibility of evidence
(a) A copy of the joint ordinance creating the Commission and of any joint ordinance amending or repealing the joint ordinance creating the Commission...
N.C. Gen. Stat. § 77-37. Regulations for Lake Wylie and shoreline area
(a) Except as limited in subsection (b) of this section, by restrictions in any joint ordinance and by other supervening provisions of law, the...
N.C. Gen. Stat. § 77-38. Authority of law enforcement officers and special officers
(a) Where a joint ordinance so provides, all law enforcement officers, or those officers as may be designated in the joint ordinance, with territorial...
N.C. Gen. Stat. § 77-39 through 77-49. Reserved for future codification purposes

Article 5 - High Rock Lake Marine Commission.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 77-59 through 77-69. Reserved for future codification purposes

Article 6 - Mountain Island Lake Marine Commission.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 6A - Lake Lure Marine Commission.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 77-89. Reserved for future codification purposes

Article 7 - Roanoke River Basin Bi-State Commission.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 77-100 through 77-102. Reserved for future codification purposes
N.C. Gen. Stat. § 77-103. Repealed by Session Laws 2011-266, s. 1.25(a), effective July 1, 2011
N.C. Gen. Stat. § 77-104. Repealed by Session Laws 2011-266, s. 1.25(a), effective July 1, 2011
N.C. Gen. Stat. § 77-105. Repealed by Session Laws 2011-266, s. 1.25(a), effective July 1, 2011
N.C. Gen. Stat. § 77-106. Repealed by Session Laws 2011-266, s. 1.25(a), effective July 1, 2011
N.C. Gen. Stat. § 77-107. Reserved for future codification purposes
N.C. Gen. Stat. § 77-108. Reserved for future codification purposes
N.C. Gen. Stat. § 77-109. Reserved for future codification purposes

Article 8 - River Basins Advisory Commissions.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 77-119. Reserved for future codification purposes
N.C. Gen. Stat. § 77-120. Reserved for future codification purposes
N.C. Gen. Stat. § 77-121. Reserved for future codification purposes
N.C. Gen. Stat. § 77-122. Reserved for future codification purposes
N.C. Gen. Stat. § 77-123. Reserved for future codification purposes
N.C. Gen. Stat. § 77-124. Reserved for future codification purposes

Article 9 - Clean Coastal Water and Vessel Act.

N.C. Gen. Stat. § 77-125. Definitions
The following definitions apply in this Article: (1) Department. - Department of Environment and Natural Resources. (2) Large vessel marina. - A marina that...
N.C. Gen. Stat. § 77-126. Marina pumpout facilities and services required in certain areas; marinas and local government may apply for grant funds
(a) The owner or operator, as appropriate, of any large vessel marina that is located on coastal waters designated as a no discharge zone...
N.C. Gen. Stat. § 77-127. Department of Environment and Natural Resources establish pumpout facility criteria; inspection of pumpout facilities and vessels docked or moored at a marina
(a) The Department of Environment and Natural Resources shall establish appropriate criteria for pumpout facilities and pumpout services provided at large vessel marinas that...
N.C. Gen. Stat. § 77-128. Vessel owner and operator required to keep log of pumpout dates
(a) Any owner or operator of a vessel that has a marine sanitation device shall maintain a record of the date of each pumpout...
N.C. Gen. Stat. § 77-129. No discharge of treated or untreated sewage in coastal waters; duty of marina owner or operator to report unlawful discharge
(a) No person shall discharge treated or untreated sewage into coastal waters, including effluent produced or held by any type of marine sanitation device...
N.C. Gen. Stat. § 77-130. Enforcement
(a) The following officers have authority to enforce this Article and to inspect a large vessel marina or vessel subject to this Article: (1)...
N.C. Gen. Stat. § 77-131. Application of Article
The provisions of this Article apply only to the following: (1) A large vessel marina that is located on coastal waters designated by the...
N.C. Gen. Stat. § 77-132. Rule-making authority
The Department shall adopt rules to implement this Article. (2009-345, s. 1; 2010-180, s. 21(b).)
N.C. Gen. Stat. § 77-133. Reserved for future codification purposes
N.C. Gen. Stat. § 77-134. Reserved for future codification purposes
N.C. Gen. Stat. § 77-135. Reserved for future codification purposes
N.C. Gen. Stat. § 77-136. Reserved for future codification purposes
N.C. Gen. Stat. § 77-137. Reserved for future codification purposes
N.C. Gen. Stat. § 77-138. Reserved for future codification purposes
N.C. Gen. Stat. § 77-139. Reserved for future codification purposes

Article 10 - Falls Lake Watershed Association.

N.C. Gen. Stat. § 77-140. Definitions
The following definitions apply in this Article: (1) "Board of directors" has the same meaning as in G.S. 55A-1-40. (2) "Falls Lake watershed" means...
N.C. Gen. Stat. § 77-141. Falls Lake Watershed Association criteria for creation; board of directors; purpose; meetings; and records
(a) Local governments may elect to incorporate the Falls Lake Watershed Association nonprofit corporation or establish the Association using an existing nonprofit corporation. The...
N.C. Gen. Stat. § 77-142. Memoranda of understanding
To the extent allowed by law, the Department of Environment and Natural Resources may enter into memoranda of understanding with the Association to implement...
N.C. Gen. Stat. § 77-143. Authority
The authority granted pursuant to this Article is in addition to and not in derogation of any other authority granted to local governments under...

Last modified: March 23, 2014