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

N.C. Gen. Stat. § 156-92 (2026)

Control and repairs by drainage commissioners

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Whenever any improvement constructed under this Subchapter is completed it shall be under the control and supervision of the board of drainage commissioners.  It shall be the duty of the board to keep the levee, ditch, drain, or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the maintenance or repair of such improvement in the same manner and in the same proportion as the original assessments were made, and the fund that is collected shall be used for repairing and maintaining the ditch, drain, or watercourse in perfect order: Provided, however, that if any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employee, or if the same is caused by the cattle, hogs, or other stock of such owner, employee, or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone, to be collected by proper suit instituted by the drainage commissioners.  It shall be unlawful for any person to injure or damage or obstruct or build any bridge, fence, or floodgate in such a way as to injure or damage any levee, ditch, drain, or watercourse constructed or improved under the provisions of this Subchapter, and any person causing such injury shall be guilty of a Class 3 misdemeanor, and upon conviction thereof may only be fined in any sum not exceeding twice the damage or injury done or caused. (1909, c. 442, s. 29; C.S., s. 5349; 1947, c. 982, s. 1; 1993, c. 539, s. 1075; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 156-93.  Construction of lateral drains.

The owner of any land that has been assessed for the cost of the construction of any ditch, drain, or watercourse, as herein provided, shall have the right to use the ditch, drain, or watercourse as an outlet for lateral drains from such land; and if the land be of such elevation that the owner cannot secure proper drainage through and over his own land, or if the land is separated from the ditch, drain, or watercourse by the land of another or others, and the owner  thereof shall be unable to agree with such others as to the terms and  conditions on which he may enter their lands and construct the drain or ditch, he may file his ancillary petition in such pending proceeding to the court, and the procedure shall be as now provided by law. (1909, c. 442, s. 30; 1915, c. 43, s. 1; 1917, c. 152, s. 3; C.S., s. 5350.)

 

Article 7A.

Maintenance.

Notes of Decisions
Cited in 3 cases, 1948–1961 · leading case: In re Perquimans Cnty. Drainage Dist. No. Four, 118 S.E.2d 431 (N.C. 1961).
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In re Perquimans Cnty. Drainage Dist. No. Four, 118 S.E.2d 431 (N.C. 1961). · cites it 2× “G.S. 156-92 authorizes drainage commissioners to keep the levee, ditch, drain, or water course of the drainage district in good repair, and that they may levy an assessment on the lands benefited by the maintenance or repair, but contains no provision for the diversion of funds…”
Robeson Cnty. Drainage Dist. No. 4 v. Bullard, 50 S.E.2d 742 (N.C. 1948). “156-103, pertaining to assessment liens; G.S. 156-92, as amended by 1947 Session Laws, Chapter 982, Section 1, pertaining to control, and repair of improvements by Board of Drainage Commissioners; G.”
In re Albemarle Drainage Dist., Beaufort Cnty. No. 5, 121 S.E.2d 599 (N.C. 1961). “G.S. 156-92. If the cost of repairs and improvements exceeds an annual levy of $1 per acre, the drainage commissioners, upon application to the court, may obtain authority to issue bonds to pay for the cost of the improvements and repairs.”
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