North Carolina Gen. Stat. § 113A, Article 16
Conservation Easements Program
§ 113A-230. Legislative findings; intent.
§ 113A-231. Program to accomplish conservation
purposes.
§ 113A-232. Conservation Grant Fund.
§ 113A-233. Uses of a grant from the
Conservation Grant Fund.
§ 113A-234. Administration of grants.
§ 113A-235. Conservation easements.
§ 113A-230. Legislative findings; intent.
The General Assembly finds that a statewide network of
protected natural areas, riparian buffers, and greenways can best
be accomplished through a conservation easements program. The
General Assembly further finds that other public conservation and
use programs, such as natural area protection, beach access,
trail systems, historic landscape protection, and agricultural
preservation, can benefit from increased conservation tools. In
this Article, the General Assembly therefore intends to extend
the ability of the Department of Environment and Natural
Resources to achieve these purposes and to strengthen the
capability of private nonprofit land trusts to participate in
land and water conservation. (1997-226, s. 6; 1997-443, s.
11A.119(b).)
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§ 113A-231. Program to accomplish conservation
purposes.
The Department of Environment and Natural Resources shall
develop a nonregulatory program that uses conservation tax
credits as a prominent tool to accomplish conservation purposes,
including the maintenance of ecological systems. (1997-226, s. 6;
1997-443, s. 11A.119(b).)
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§ 113A-232. Conservation Grant Fund.
(a) Fund Created. -- The Conservation Grant Fund is created
within the Department of Environment and Natural Resources. The
Fund shall be administered by that Department. The purpose of the
Fund is to stimulate the use of conservation easements, to
improve the capacity of private nonprofit land trusts to
successfully accomplish conservation projects, to better equip
real estate related professionals to pursue opportunities for
conservation, to increase citizen participation in land and water
conservation, and to provide an opportunity to leverage private
and other public monies for conservation easements.
(b) Fund Sources. -- The Conservation Grant Fund shall
consist of any monies appropriated to it by the General Assembly
and any monies received from public or private sources.
Unexpended monies in the Fund that were appropriated from the
General Fund by the General Assembly shall revert at the end of
the fiscal year unless the General Assembly otherwise provides.
Unexpended monies in the Fund from other sources shall not revert
and shall remain available for expenditure in accordance with
this Article.
(c) Eligibility. -- In order for land to be the subject of
a grant under this Article, the land must possess or have a high
potential to possess ecological value, must be reasonably
restorable, and must qualify for tax credits under G.S. 105-130.34 or G.S. 105-151.12. Private nonprofit land trust organizations must be qualified pursuant to G.S. 105-130.34 or G.S. 105-151.12. and must be certified under section 501(c)(3) of the Internal Revenue Code.
(d) Use of Revenue. -- Revenue in the Conservation Grant
Fund may be used only for the following purposes:
(1) The administrative costs of the Department in
administering the Fund.
(2) Conservation grants made in accordance with
this Article.
(3) To establish an endowment account, the interest
from which will be used for a purpose described in G.S. 113A-
233(a)(3) or (a)(5). (1997-226, s. 6; 1997-443, s. 11A.119(b).)
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§ 113A-233. Uses of a grant from the
Conservation Grant Fund.
(a) Allowable Uses. -- A grant from the Conservation Grant
Fund may be used only to pay for one or more of the following
costs:
(1) Reimbursement for total or partial transaction
costs for donations from individuals or corporations satisfying
either of the following:
a. Insufficient financial ability to pay all
costs or insufficient taxable income to allow these costs to be
included in the donated value.
b. Insufficient tax burdens to allow these
costs to be offset by the value of tax credits under G.S. 105-130.34 or G.S. 105-151.12. or by charitable deductions.
(2) Management support, including initial baseline
inventory and planning.
(3) Monitoring compliance with conservation
easements, the related use of riparian buffers, natural areas,
and greenways, and the presence of ecological integrity.
(4) Education on conservation, including
information materials intended for landowners and education for
staff and volunteers.
(5) Stewardship of land.
(6) Transaction costs, including legal expenses,
closing and title costs, and unusual direct costs, such as
overnight travel.
(7) Administrative costs for short-term growth or
for building capacity.
(b) Prohibition. -- The Fund shall not be used to pay the
purchase price for any interest in land. (1997-226, s. 6.)
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§ 113A-234. Administration of grants.
The Secretary of Environment and Natural Resources shall
establish the procedures and criteria for awarding grants from
the Conservation Grant Fund. The criteria shall focus grants on
those areas, approaches, and techniques that are likely to
provide the optimum positive effect on environmental protection.
The Secretary shall make the final decision on the award of
grants and shall announce the award publicly in a timely manner.
The Secretary may administer the grants under this Article
or may contract for selected activities under this Article. If
administrative services are contracted, the Department shall
establish guidance and criteria for its operation and contract
with a statewide nonprofit land trust service organization. (1997-
226, s. 6; 1997-443, s. 11A.119(b).)
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§ 113A-235. Conservation easements.
(a) Ecological systems and appropriate public use of these
systems may be protected through conservation easements,
including conservation agreements under Article 4 of Chapter 121 of the General Statutes, the Conservation and Historic
Preservation Agreements Act, and conservation easements under the
Conservation Reserve Enhancement Program. The Department of
Environment and Natural Resources shall work cooperatively with
State and local agencies and qualified nonprofit organizations to
monitor compliance with conservation easements and conservation
agreements and to ensure the continued viability of the protected
ecosystems. Soil and water conservation districts established
under Chapter 139 of the General Statutes may acquire easements
under the Conservation Reserve Enhancement Program by purchase or
gift.
(b) The Department may convey real property or an interest
in real property that has been acquired under the Conservation
Reserve Enhancement Program to a federal or State agency, a local
government, or a private, nonprofit conservation organization to
acquire, manage, and maintain real property or an interest in
real property for the purposes set out in subsection (a) of this
section. A grantee of real property or an interest in real
property under this subsection shall grant a conservation
easement in the real property or interest in real property to the
Department in a form that is acceptable to the Department.
(c) The Department shall report on the implementation of
this Article to the Environmental Review Commission no later than
1 November of each year. The Department shall maintain an
inventory of all conservation easements held by the Department.
The inventory shall be included in the report required by this
subsection. (1997-226, s. 6; 1997-443, s. 11A.119(b); 1999-329,
s. 6.3.)
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