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Home » US Law » 2022 North Carolina General Statutes » Chapter 77 - Rivers, Creeks, and Coastal Waters » Article 1 - Commissioners for Opening and Clearing Streams.

§ 77-1 – County commissioners to appoint commissioners.

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 counties may appoint commissioners to view such river or stream, and make out a scale of the expense of labor with which the opening and […]

§ 77-10 – Draws in bridges.

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 obstructed by any bridge across said stream, except those under the supervision and control of the Board of Transportation, it shall be lawful for any person owning […]

§ 77-11 – Public landings.

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 shall appear to the board that the person owning the lands sought to be used for a public landing shall have had 20 days’ notice of the intention […]

§ 77-2 – Flats and appurtenances procured.

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 to remove loose rock and other things, which may by such means be more easily removed, and allow the same to be paid for out of […]

§ 77-3 – Laid off in districts; passage for fish.

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 is a boundary between two counties, may lay off the same on their side; in doing so they shall allow three fourths for […]

§ 77-4 – Gates and slopes on milldams.

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 stream is a boundary between counties, shall have power to lay off gates, with slopes attached thereto, upon any milldam built across such stream, of […]

§ 77-5 – Owner to maintain gate and slope.

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 be his duty forthwith to construct, and thereafter to keep and maintain, at his expense, such gate and slope, for the use of persons […]

§ 77-6 – Gates and slopes discontinued.

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 their respective boards of county commissioners, and said boards of county commissioners may order the same to be discontinued. (1858-9, c. 26, s. 3; Code, s. […]

§ 77-7 – Failure of owner of dam to keep gates, etc.

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 thereafter to keep and maintain the same as required by commissioners to lay off rivers and creeks, he shall be guilty […]

§ 77-8 – Repairing breaks.

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 to impair its power as used by any person, such person shall have power to repair the banks of such stream at the place where the break occurs, […]

§ 77-9 – Entry upon lands of another to make repairs.

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 have power to enter upon the lands of such other person to repair the same, and in case such person objects, the […]