§ 113A-35. Criteria for system.

§ 113A‑35. Criteria for system.

For the inclusion of any river or segment of river in the natural andscenic river system, the following criteria must be present:

(1)        River segment length – must be no less than one mile.

(2)        Boundaries – of the system shall be the visual horizon orsuch distance from each shoreline as may be determined to be necessary by theSecretary, but shall not be less than 20 feet.

(3)        Water quality – shall not be less than that required forClass "C" waters as established by the North Carolina EnvironmentalManagement Commission.

(4)        Water flow – shall be sufficient to assure a continuous flowand shall not be subjected to withdrawal or regulation to the extent ofsubstantially altering the natural ecology of the stream.

(5)        Public access – shall be limited, but may be permitted tothe extent deemed proper by the Secretary, and in keeping with the propertyinterest acquired by the Department and the purpose of this Article. (1971, c. 1167, s. 2; 1973, c. 1262, ss. 23, 86; 1989,c. 654, s. 1.)