When Does a Dam Need a Permit in North Carolina?
Construction, repair, alteration and removal of a regulated dam all require written approval from NCDEQ. The harder question is usually the first one — whether the dam is regulated at all — because North Carolina's size-based exemptions are conditional, and reading them as fixed thresholds is the most common mistake made about this statute.
"My dam is under 25 feet, so it is exempt" is wrong as stated. The exemption in G.S. 143-215.25A(a)(6) applies unless the Department determines that failure could result in loss of human life or significant damage to property below the dam. Height and storage open the door; downstream consequence closes it.
Exempt dams — G.S. 143-215.25A
The Dam Safety Law does not apply to the following dams. Note that several exemptions carry conditions that can be lost.
| Sub | Exempt category | Condition |
|---|---|---|
| (1) | Built by USACE, TVA, or another federal agency | Agency designed or approved plans and supervised construction |
| (2) | Built with NRCS financial assistance | NRCS designed or approved plans and supervised construction |
| (3) | FERC licensed, or license application pending | — |
| (4) | Used with electric generating facilities regulated by the NRC | — |
| (5) | Single private ownership protecting only that owner's property | Must not pose a threat to human life or property below the dam |
| (6) | Less than 25 feet high or less than 50 acre-feet capacity | Unless the Department determines failure could cause loss of human life or significant property damage downstream |
| (7) | Agricultural water supply dams | Designed or approved and construction supervised by a licensed PE or qualified NRCS / county / Soil & Water district person with federal job approval authority under Ch. 89C, and registered with DEMLR before construction. Does not apply to dams determined high-hazard. |
| (8) | Less than 20 feet high or less than 15 acre-feet | A qualified engineer with demonstrated dam design experience performs dam failure analyses and determines the dam is not high hazard |
Exemptions can be lost. Under subsection (b), the exemption for federally built or federally assisted dams (subdivisions (1) and (2)) does not apply after the supervising federal agency relinquishes operation and maintenance authority to a local entity. A great many NRCS watershed dams have been turned over to local sponsors, and those dams are regulated.
Watch the version of this statute you are reading
Approval for repair, alteration and removal — G.S. 143-215.27
Written approval from the Department is required before work proceeds. The application must contain the applicant's name and address, the proposed changes, and be accompanied by maps, plans and specifications, together with information on the safety of the change and the proposed times of commencement and completion. The Department may refer the application for agency review and report, as with original construction.
| Situation | Requirement |
|---|---|
| Standard repair / alteration | Written approval before commencing |
| Emergency repairs | Work may begin immediately; the Department must be notified as soon as possible and not later than 24 hours |
| Removal by a qualified engineer | 60 days' notice before removal; the notice must include the engineer's North Carolina license number, and the engineer must determine that removal can be accomplished safely per good engineering practices |
Who has to be a licensed engineer
Design, preparation of plans and specifications, inspection of construction, and certification that the dam was constructed, repaired, altered or removed according to the approved plans must be performed by a legally qualified engineer with professional seal, subject to the exemptions above. One useful exception cuts the other way: a jurisdictional determination or hazard classification request is not required to be prepared by a North Carolina licensed PE if the dam owner prepares it.
Statutory history. G.S. 143-215.25A: 1993 c. 394 s. 3; S.L. 2009-390 s. 3(a); 2011-394 s. 10(a); 2012-143 s. 1(f); 2013-265 s. 20; 2021-180 s. 12.21. G.S. 143-215.27: 1967 c. 1068, amended 1979, S.L. 2014-122, 2017-145, and 2023-131.
Scope. This page is general information about North Carolina dam safety regulation, current as of 2026-08-28. It is not an engineering opinion about any specific structure and it is not legal advice. Requirements change when the General Assembly amends the Dam Safety Law or the Environmental Management Commission amends the rules — always confirm against the current text of the statute and 15A NCAC 02K, and contact the NCDEQ Dam Safety Program for a determination that binds.