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Show NORTH CAROLINA 571 the U.S. Soil Conservation Service; and any dam licensed by the Federal Power Commission or constructed pursuant to a certificate of public convenience or necessity from the North Carolina Utilities Commission. Also excluded are: (1) Any dam under single private ownership providing protection to land or other property under such ownership and posing no threat to life or property below such single ownership; (2) any dam less than 10 acre-feet; and (3)' any dam costing less than $5,000. Eegulations by the department governing minimum streamflows are intended primarily to maintain water quality standards issued under the pollution control program. In 1969, an act relating to Federal water resources development projects was enacted.26 Its purpose is to encourage, in cooperation with the Federal Government, development of such river and har- bor, flood control, and similar civil works as will benefit any region, county, or municipality of the State. Certain commitments are authorized to the Federal Government in carrying out such pro- grams. The right of eminent domain to acquire property for such projects may be exercised only after application to and approval by the board. A 1971 act regulates the right to withdraw impounded water in the interest of maintaining natural streamflows and avoiding water pollution.27 In the same year, a flood plain statute was enacted pro- viding for regulation of artificial obstructions in floodways.28 The control of such obstructions is vested primarily in the local govern- ment units which are empowered to grant permits for the use of floodways consistent with the purposes of the act. The State board of water and air resources acts primarily in an advisory capacity, although it may issue regulations interpreting definitions or terms used in the act.28 In 1971, legislation also established a State revolving fund for financing the local portion of the non-Federal share of the cost of hurricane flood protection and beach erosion control projects.80 The board is authorized to make advances from the fund to counties and municipalities for specifically designated purposes, and provision is made for repayment by local governmental units. The North Carolina State Ports Authority was established in 1945 as an agency of the State to regulate the harbors and seaports within the State.81 »Secs. 143-215.38 to 143-215.43. "Sees. 143-215.44 to 143-215.50. w Sees. 143-215.51 to 143-215.61. »For a comparison with other State flood plain legislation, see Note, 55 Minn. L. Rev. 1163, 1191-99 (1971). «> See. 143-215.62. »Secs. 143-216 to 143-228.1 (and 1971 supp. for amendments). See North Carolina State Ports Authority v. First-Citizens Bank & Trust Co., 242 N.C. 416, 88 S.E. 2d 109 (1955). On the agency's eminent domain power, see North Carolina State Ports Authority v. Southern Felt Corp., 1 N.C. App 231, 161 S.E. 2d 47 (1968). For a synposium on the legal aspects of North Carolina coastal problems, see 49 N.C. L. Rev. 857 (1971). The following comments are included: Coastal land-use development: a proposal for cumulative areawide zoning at 866; defining navigable waters and the application of the public-trust doctrine in North Carolina: a history and analysis at 888; Estuarine pollution: the deterioration of the oyster industry in North Carolina at 921; International law and the delimination of bays at 943; Environmental Law- preservation of the estuarine zone at 964; Environmental Law-the public trust doctrine: a useful tool in the preservation of sand dunes at 973; Environmental Law- water resources-zones of shared conservation authority and U.S. public policy at 978; International Law-disposal of radioactive wastes in the oceans at 985; Interna- tional Law-oil spills and their legal ramifications at 996. See also T. Shoenbaum, Public Bights and Coastal Zone Management, 51 N.C. L. Rev. 1 (1972). |
