§ 143-215.26. Construction of dams.

§ 143‑215.26. Construction of dams.

(a)        No person shall begin the construction of any dam until atleast 10 days after filing with the Department a statement concerning itsheight, impoundment capacity, purpose, location and other information requiredby the Department. A person who constructs a dam, including a dam that isotherwise exempt from this Part under subdivisions (4) or (5) of G.S. 143‑215.25A(a),shall comply with the malaria control requirements of the Department. If on thebasis of this information the Department is of the opinion that the proposeddam is not exempt from the provisions of this Part, it shall so notify theapplicant, and construction shall not be commenced until a full application isfiled by the applicant and approved as provided by G.S. 143‑215.29. TheDepartment may also require of applicants so notified the filing of anyadditional information it deems necessary, including, but not limited to,streamflow and rainfall data, maps, plans and specifications. Every applicantfor approval of a dam subject to the provisions of this Part shall also filewith the Department the certificate of an engineer legally qualified in thisState. The certificate shall state that the person who files the certificate isresponsible for the design of the dam and that the design is safe and adequate.

(b)        The Department shall send a copy of each completedapplication to the State Health Director, the Wildlife Resources Commission,the Department of Transportation, and other State and local agencies itconsiders appropriate for review and comment. (1967, c. 1068, s. 4; 1973, c. 476, s. 128; c. 507, s.5; c. 1262, s. 23; 1987, c. 827, s. 176; 1989, c. 727, s. 163; 1993, c. 394, s.4; 1995, c. 509, s. 80.)