GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 purposes — which — feiie — State — doos — ftot — r e gulate — e ith e r — by — a — permit — ot 



2 a — formal — approval — syst e m . Part. 



3 (b) The following uses may be made of f loodways flood hazard 



4 areas as a matter of right without a permit issued under this 



5 Part: 



6 (1) General farming, pasture, outdoor plant nurseries, 



7 horticulture, forestry, wildlife sanctuary, game 



8 farm, and other similar agricultural, wildlife and 



9 related uses; 



10 (2) Ground level loading areas, parking areas, rotary 



11 aircraft ports and other similar ground level area 



12 uses; 



13 (3) Lawns, gardens, play areas and other similar uses; 



14 (4) Golf courses, tennis courts, driving ranges, 



15 archery ranges, picnic grounds, parks, hiking or 



16 horseback riding trails, open space and other 



17 similar private and public recreational uses. 



18 (c) The lowest habitable floor of a structure in the 100-year 



19 floodplain must be constructed at least two feet above the base 

 2 flood elevation. 



2 1 _ (d) Salvage yards, chemical storage facilities, and other uses 



22 involving potentially large quantities of hazardous materials or 

 2 3 solid waste disposal may not be located in the 100-year 



24 floodplain. 



25 "§ 143-215.55. Existing — artificial — obetructions . Acquisition of 



26 existing structures. 



2 7 Artificial obetructionc existing in a floodway on July 1, — 1971 , 

 28 shall not b e concidor e d to b e in violation of this Part . — Hov^ov e r, 



2 9 th e y may not bo enlarged or replac e d in part or in whol e , — without 

 30 a — p e rmit, — a-s — provided — by — this — Part — 1« — feke — cas e — &f^ — a — propos e d 



3 1 artificial — obstruction . — Local — governm e nts — a-e^ — empov^ored — to A 

 32 local government may acquire, by purchase, exchange, or 

 3 3 condemnation such — existing — artificial — obstructions i-^ — deemed 



34 n e cessary by the responsible local governm e nt — for the purpose of 



35 avoiding flood damages . an existing structure located in a flood 

 35 hazard area in the area regulated by the local government if the 



3 7 local government determines that the acquisition is necessary to 



38 prevent damage from flooding. The procedure in all condemnation 



39 proceedings pursuant to this section shall conform as nearly as 



40 possible to the procedure provided in Article 3 of Chapter 40A of 



4 1 the General Statutes. 



42 "§ 143-215.56. Delineation of floodway; flood hazard areas; 

 4 3 powers of Commiccion and Department; powers of local governments. 



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