North Carolina § 143-215 - 25A. Exempt dams.

§ 143-215. 25A. Exempt dams.

Except as otherwise provided in this Part, this Part does not apply to any dam: 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. Constructed with financial assistance from the United States Natural Resources Conservation Service, when that agency designed or approved plans for the dam and supervised its construction. Licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission. For use in connection with electric generating facilities regulated by the Nuclear Regulatory Commission. 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. (See Editor's Note) That is less than 25 feet in height or that has an impoundment capacity of less than 50 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. (See Editor's Note) Constructed for and maintains the purpose of providing water for agricultural use, when a person who is licensed as a professional engineer or is employed by the Natural Resources Conservation Service, county, or local Soil and Water Conservation District, and has federal engineering job approval authority under Chapter 89C of the General Statutes designed or approved plans for the dam, supervised its construction, and registered the dam with the Division of Energy, Mineral, and Land Resources of the Department prior to construction of the dam. This exemption shall not apply to dams that are determined to be high-hazard by the Department. 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. History (1993, c. 394, s. 3; 2009-390, s. 3(a); 2011-394, s. 10(a); 2012-143, s. 1(f); 2013-265, s. 20.) Editor's Note. - Session Laws 2009-390, s. 3(b), as amended by Session Laws 2014-122, s. 9, provides: "Any impoundments or other facilities that were in use January 1, 2010, in connection with nonnuclear electric generating facilities under the jurisdiction of the North Carolina Utilities Commission, and that had been exempted under the provisions of G.S. 143-215.25 A(4), prior to January 1, 2010, shall be deemed to have received all of the necessary approvals from the Department of Environment and Natural Resources and the Environmental Management Commission." Session Laws 2011-394, s. 10(b), provides that: "The exemption modified in subdivision (6) of G.S. 143-215.25 A(a) and the exemption established in subdivision (7) of G.S. 143-215.25 A(a), as amended by Section 10(a) of this act, shall apply retroactively to any dam that is subject to any enforcement action that has not been resolved as of June 1, 2011." Effect of Amendments. - Session Laws 2009-390, s. 3(a), effective January 1, 2010, substituted "regulated by the Nuclear Regulatory Commission" for "under the jurisdiction of the North Carolina Utilities Commission, except that a dam operated by a small power producer, as defined in G.S. 62-3 (27a), shall be subject to the provisions of this Part even though the dam is constructed pursuant to a certificate of public convenience and necessity issues by the North Carolina Utilities Commission" at the end of subdivision (a)(4). Session Laws 2011-394, s. 10(a), effective July 1, 2011, in subdivision (a)(6), substituted "25 feet" for "15 feet" and "50 acre-feet" for "10 acre-feet"; and added subdivision (a)(7). Sessions Laws 2012-143, s. 1(f), effective August 1, 2012, substituted "Division of Energy, Mineral, and Land Resources" for "Division of Land Resources" in subsection (a)(7). Session Laws 2013-265, s. 20, effective July 17, 2013, substituted "Natural Resources" for "Soil" in subdivision (a)(2); and, in subdivision (a)(7), inserted "and maintains," "or is employed by the Natural Resources Conservation Service, county, or local Soil and Water Conservation District, and has federal engineering job approval authority," and "prior to construction of the dam."