§ 139-46. Recreational and related aspects of watershed improvement programs.
§139‑46. Recreational and related aspects of watershed improvementprograms.
(a) Local watershedsponsors may install and maintain recreational facilities and services inconnection with watershed improvement works or projects, and may provide areas(including structures) for the conservation and replacement of fish andwildlife habitat. For any of these purposes said sponsors may appropriate andexpend funds, may levy taxes and assessments, and may issue bonds and notes, tothe same extent as in the case of other authorized watershed activities. Suchrecreational facilities and services may include but are not limited to any orall of the water‑related recreational facilities provided for insubsection (b) of this section, and parking areas, ingress and egress roads,hiking or nature trails, picnic areas and campsites. No application forwatershed planning under Public Law 566 (83rd Congress, United States), asamended, may be approved by the Soil and Water Conservation Commission untilafter receipt and consideration of recommendations from the appropriate fishand wildlife agency concerning replacement of fish and wildlife habitat inmitigation of anticipated damages: Provided that this requirement forconsideration of fish and wildlife recommendations shall not apply if suchrecommendations are not received by the Soil and Water Conservation Commissionwithin 30 days after the Soil and Water Conservation Commission requests suchrecommendations. Within the meaning of this provision the "appropriatefish and wildlife agency" means the North Carolina Wildlife ResourcesCommission as to matters within its jurisdiction, and the North CarolinaDepartment of Environment and Natural Resources as to matters within itsjurisdiction, or both such agencies as to matters within their concurrentjurisdiction.
(b) It is herebydeclared that the provisions of this Chapter authorizing works of improvement,structures, plans, surveys and investigations for the development of waterresources were intended to include water‑related recreational facilities,including but not limited to boat launching areas and facilities, bathhouses,campsites and picnic areas adjacent to the water, and other basic facilitiesfor water recreational areas. All expenditures heretofore incurred by any localwatershed sponsor for such water‑related recreational facilities arehereby validated and confirmed. The proceeds of any tax heretofore approved bythe voters of a county for a county watershed improvement program, orauthorized by special or local act for a county watershed improvement program,may be expended for such water‑related recreational facilities, if theboard of county commissioners after a public hearing determines that theproceeds should be so expended. Notice of such hearing shall be published atleast once a week for two consecutive weeks in at least one newspaper ofgeneral circulation published in the county, in lieu thereof, in a newspaper ofgeneral circulation in the county. No action based on the alleged invalidity ofthe expenditures herein confirmed or of the use of tax proceeds hereinauthorized shall lie after January 1, 1968, to enjoin or contest any suchexpenditure or any such use of tax proceeds.
(c) Within the meaningof this section "local watershed sponsors" include soil and waterconservation districts, drainage districts, municipalities, and countiesundertaking county watershed programs under Article 3 of this Chapter or anylocal act granting similar powers. (1967, c. 987, s. 9; 1973, c.1262, ss. 38, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(95); 1993, c. 391,s. 30; 1997‑443, s. 11A.119(a).)