North Carolina § 143B-135 - 146. Definitions.

§ 143B-135. 146. Definitions.

As used in this Part, unless the context requires otherwise: "Department" means the Department of Natural and Cultural Resources. "Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without substantial impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the North Carolina natural and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the system. "River" means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes. "Road" means public or private highway, hard-surface road, dirt road, or railroad. "Scenic easement" means a perpetual easement in land which (i) is held for the benefit of the people of North Carolina, (ii) is specifically enforceable by its holder or beneficiary, and (iii) limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of the land and activities conducted thereon. The object of such limitations and obligations is the maintenance or enhancement of the natural beauty of the land in question or of the areas affected by it. "Secretary" means the Secretary of Natural and Cultural Resources. History (1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 122; 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).) Editor's Note. - Former G.S. 113A-33 was recodified as G.S. 143B-135.146 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the introductory paragraph; substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subdivision (1); and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subdivision (6).