N.C. Gen. Stat. » Chapter 156
NC General Statutes

N.C. Gen. Stat. § 156-81 (2026)

Appointment and organization under amended act

✓ current as of July 2026
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(a) Method of Appointment. - The manner of appointment shall be as follows:

(1) If the drainage district shall lie solely within one county, the clerk of superior court for such county shall appoint such commissioners.

(2) If the said district shall lie in more than one county, then such commissioners shall be appointed by unanimous action of the clerks of court for the counties wherein any part of such district lies.

(b) Organization. - Immediately after the appointment of the board of drainage commissioners, the clerk of the court of the county wherein such drainage proceeding is pending shall notify each of the commissioners in writing to appear at a certain time and place within the district and organize. The clerk or clerks of court, as the case may be, shall appoint one of the three members as chairman of the board of drainage commissioners, and in doing so he or they shall consider carefully and impartially the respective qualifications of each of the members for the position.

(c) Term of Office. - The term of service of the members of the board of drainage commissioners so appointed shall begin upon their appointment.  Where all three commissioners are appointed at once, one commissioner shall serve for one year, one for two years, and the other for three years, the term to be computed from the first day of October following their organization. The members so serving for one, two, and three years, respectively, shall be unanimously designated by the clerk or clerks of the court.  Thereafter each member shall be appointed for three years.  The clerk of the court for the county wherein the proceeding is pending shall record in the drainage record the date of appointment, the members appointed, and the beginning and expiration of their term of office.

(d) Vacancies Filled. - If a vacancy shall occur in the office of any commissioner by death, resignation, or otherwise, the remaining two members are to discharge the necessary duties of the board until the vacancy shall be filled; and if the vacancy shall be in the office of chairman or secretary, the two remaining members may elect a secretary, and the clerk or clerks, as the case may be, shall appoint one of the two remaining members to act as chairman to hold until the vacancy in the board shall be filled. The clerk of the county wherein the proceeding is pending shall keep a similar record of any appointment to fill vacancies.  The person appointed to fill the vacancy shall be appointed in the manner set forth in subsection (a) of this section and shall serve until the expiration of the term of his predecessor. The secretary of the board of drainage commissioners shall promptly notify the appropriate clerk or clerks of the superior court of any vacancy in the board.

(e) Failure to Appoint. - If for any reason the clerk or clerks of the court shall fail to provide for the appointment of drainage commissioners prior to the expiration of a term, the incumbents shall continue to hold their office as commissioners until their successors are appointed and qualified.  The term of office of boards of drainage commissioners heretofore elected and appointed shall expire immediately upon the appointment of new commissioners pursuant to subsection (a) of this section.

(f) Meetings. - The board shall meet once each month at a stated time and place during the progress of drainage construction, and more often if necessary. After the drainage work is completed, or at any time, the chairman shall have the power to call special meetings of the board at a certain time and place. The chairman shall also call a meeting at any time upon the written request of the owners of a majority in area of the land in the district.

(g) Compensation. - The chairman of the board of drainage commissioners shall receive compensation and allowances as fixed by the clerk of the superior court. In fixing such compensation and allowances, the clerk shall give due consideration to the duties and responsibilities imposed upon the chairman of the board. The other members of the board shall receive a per diem not to exceed twenty-five dollars ($25.00) a day, while engaged in attendance upon meetings of the board, or in the discharge of duties imposed by the board. The secretary of the board shall receive such compensation and expense allowances as may be determined by the board.

The chairman and members of the board of drainage commissioners shall also receive their actual travel and subsistence expenses while engaged in attendance upon meetings of the board, or in the discharge of duties imposed by the board. The compensation and expense allowances as herein set out shall be paid from the assessments made annually for the purpose of maintaining the canals of the drainage district, or from any other funds of the district.

(h) Application of Section. - The provisions of this section shall apply to all drainage districts now or hereafter existing in this State, without regard to the date of organization.

(i) Repealed by Session Laws 1989 (Regular Session, 1990), c. 959, s. 3. (1917, c. 152, s. 5; 1919, cc. 109, 217; C.S., s. 5339; 1947, c. 935; 1949, c. 956, ss. 1-3; 1957, c. 912, s. 1; 1975, c. 494; 1989 (Reg. Sess., 1990), c. 959, s. 3.)

 

Notes of Decisions
Cited in 6 cases, 1961–1990 · leading case: White v. Pate, 304 S.E.2d 199 (N.C. 1983).
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White v. Pate, 304 S.E.2d 199 (N.C. 1983). · cites it 12× “In reaching its decision affirming the order of the trial court dismissing the plaintiffs’ action, the Court of Appeals proceeded directly to the question of the constitutionality of G.S. 156-81. Having decided that the statute was constitutional, the Court of Appeals did not…”
Northampton Cnty. Drainage Dist. No. One v. Bailey, 392 S.E.2d 352 (N.C. 1990). · cites it 3× “The defendants next contend that the unfettered discretion provided by N.C.G.S. § 156-81(a) and (i) to the clerks of superior court to determine whether drainage commissioners should be elected or appointed is an unconstitutional delegation of legislative powers.”
Northampton Cnty. Drainage Dist. No. One v. Bailey, 373 S.E.2d 560 (N.C. Ct. App. 1988). · cites it 2× “We see no constitutional infirmity in G.S. 156-81(a) and (1) permitting the Clerk of Superior Court of Northampton County to either appoint the commissioners of this two-county drainage district or provide for their election by the landowners as he sees fit, and the court’s…”
Northampton Cty. Drainage D. v. Bailey, 392 S.E.2d 352 (N.C. 1990). · cites it 2× “G.S. § 156-81(a) and (i) to the clerks of superior court to determine whether drainage commissioners should be elected or appointed is an unconstitutional delegation of legislative powers.”
White v. Pate, 293 S.E.2d 601 (N.C. Ct. App. 1982). · cites it 3× “Plaintiffs here contend that G.S. 156-81, which provides for election of drainage commissioners, or their appointment by the Clerk of Superior Court is unconstitutional in that it deprives them of voting rights given landowners in other districts of the State where the…”
In re Albemarle Drainage Dist., Beaufort Cnty. No. 5, 121 S.E.2d 599 (N.C. 1961). “G.S. 156-81. It is the duty of the commissioners to keep the drains and works of the district *340 in good repair.”
N.C. Gen. Stat. § 156-81(a): 5 cases
White v. Pate, 304 S.E.2d 199 (N.C. 1983). “In reaching its decision affirming the order of the trial court dismissing the plaintiffs’ action, the Court of Appeals proceeded directly to the question of the constitutionality of G.S. 156-81. Having decided that the statute was constitutional, the Court of Appeals did not…”
Northampton Cnty. Drainage Dist. No. One v. Bailey, 392 S.E.2d 352 (N.C. 1990). “The defendants next contend that the unfettered discretion provided by N.C.G.S. § 156-81(a) and (i) to the clerks of superior court to determine whether drainage commissioners should be elected or appointed is an unconstitutional delegation of legislative powers.”
Northampton Cnty. Drainage Dist. No. One v. Bailey, 373 S.E.2d 560 (N.C. Ct. App. 1988). “We see no constitutional infirmity in G.S. 156-81(a) and (1) permitting the Clerk of Superior Court of Northampton County to either appoint the commissioners of this two-county drainage district or provide for their election by the landowners as he sees fit, and the court’s…”
Northampton Cty. Drainage D. v. Bailey, 392 S.E.2d 352 (N.C. 1990). “G.S. § 156-81(a) and (i) to the clerks of superior court to determine whether drainage commissioners should be elected or appointed is an unconstitutional delegation of legislative powers.”
White v. Pate, 293 S.E.2d 601 (N.C. Ct. App. 1982). “Plaintiffs here contend that G.S. 156-81, which provides for election of drainage commissioners, or their appointment by the Clerk of Superior Court is unconstitutional in that it deprives them of voting rights given landowners in other districts of the State where the…”
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