State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-235

§ 113A‑235. Conservation easements.

(a)        Acquisition andProtection of Conservation Easements. – Ecological systems and appropriatepublic use of these systems may be protected through conservation easements,including conservation agreements under Article 4 of Chapter 121 of the GeneralStatutes, the Conservation and Historic Preservation Agreements Act, andconservation easements under the Conservation Reserve Enhancement Program. TheDepartment of Environment and Natural Resources shall work cooperatively withState and local agencies and qualified nonprofit organizations to monitorcompliance with conservation easements and conservation agreements and toensure the continued viability of the protected ecosystems. Soil and waterconservation districts established under Chapter 139 of the General Statutesmay acquire easements under the Conservation Reserve Enhancement Program bypurchase or gift.

(b)        Conveyance ofConservation Lands. – The Department may convey real property or an interest inreal property that has been acquired for conservation in perpetuity to afederal agency, State agency, a local government, or a private nonprofitconservation organization in accordance with State law governing the conveyanceof real property. The grantee of real property or an interest in real propertyshall manage and maintain the real property or interest in real property forthe purposes set out in subsection (a) of this section. When conveying realproperty or an interest in real property under this subsection, the Departmentshall retain a possibility of reverter, a right of entry, or other appropriateproperty interest to ensure that the real property or interest in real propertywill continue to be managed and maintained in a manner that protects ecologicalsystems and the appropriate public use of these systems.

(c)        Report. – TheDepartment shall report on the implementation of this Article to theEnvironmental Review Commission no later than 1 October of each year. TheDepartment shall maintain an inventory of all conservation easements held bythe Department. The inventory shall be included in the report required by thissubsection. (1997‑226,s. 6; 1997‑443, s. 11A.119(b); 1999‑329, s. 6.3; 2002‑155, s.5; 2004‑195, s. 2.2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-235

§ 113A‑235. Conservation easements.

(a)        Acquisition andProtection of Conservation Easements. – Ecological systems and appropriatepublic use of these systems may be protected through conservation easements,including conservation agreements under Article 4 of Chapter 121 of the GeneralStatutes, the Conservation and Historic Preservation Agreements Act, andconservation easements under the Conservation Reserve Enhancement Program. TheDepartment of Environment and Natural Resources shall work cooperatively withState and local agencies and qualified nonprofit organizations to monitorcompliance with conservation easements and conservation agreements and toensure the continued viability of the protected ecosystems. Soil and waterconservation districts established under Chapter 139 of the General Statutesmay acquire easements under the Conservation Reserve Enhancement Program bypurchase or gift.

(b)        Conveyance ofConservation Lands. – The Department may convey real property or an interest inreal property that has been acquired for conservation in perpetuity to afederal agency, State agency, a local government, or a private nonprofitconservation organization in accordance with State law governing the conveyanceof real property. The grantee of real property or an interest in real propertyshall manage and maintain the real property or interest in real property forthe purposes set out in subsection (a) of this section. When conveying realproperty or an interest in real property under this subsection, the Departmentshall retain a possibility of reverter, a right of entry, or other appropriateproperty interest to ensure that the real property or interest in real propertywill continue to be managed and maintained in a manner that protects ecologicalsystems and the appropriate public use of these systems.

(c)        Report. – TheDepartment shall report on the implementation of this Article to theEnvironmental Review Commission no later than 1 October of each year. TheDepartment shall maintain an inventory of all conservation easements held bythe Department. The inventory shall be included in the report required by thissubsection. (1997‑226,s. 6; 1997‑443, s. 11A.119(b); 1999‑329, s. 6.3; 2002‑155, s.5; 2004‑195, s. 2.2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-235

§ 113A‑235. Conservation easements.

(a)        Acquisition andProtection of Conservation Easements. – Ecological systems and appropriatepublic use of these systems may be protected through conservation easements,including conservation agreements under Article 4 of Chapter 121 of the GeneralStatutes, the Conservation and Historic Preservation Agreements Act, andconservation easements under the Conservation Reserve Enhancement Program. TheDepartment of Environment and Natural Resources shall work cooperatively withState and local agencies and qualified nonprofit organizations to monitorcompliance with conservation easements and conservation agreements and toensure the continued viability of the protected ecosystems. Soil and waterconservation districts established under Chapter 139 of the General Statutesmay acquire easements under the Conservation Reserve Enhancement Program bypurchase or gift.

(b)        Conveyance ofConservation Lands. – The Department may convey real property or an interest inreal property that has been acquired for conservation in perpetuity to afederal agency, State agency, a local government, or a private nonprofitconservation organization in accordance with State law governing the conveyanceof real property. The grantee of real property or an interest in real propertyshall manage and maintain the real property or interest in real property forthe purposes set out in subsection (a) of this section. When conveying realproperty or an interest in real property under this subsection, the Departmentshall retain a possibility of reverter, a right of entry, or other appropriateproperty interest to ensure that the real property or interest in real propertywill continue to be managed and maintained in a manner that protects ecologicalsystems and the appropriate public use of these systems.

(c)        Report. – TheDepartment shall report on the implementation of this Article to theEnvironmental Review Commission no later than 1 October of each year. TheDepartment shall maintain an inventory of all conservation easements held bythe Department. The inventory shall be included in the report required by thissubsection. (1997‑226,s. 6; 1997‑443, s. 11A.119(b); 1999‑329, s. 6.3; 2002‑155, s.5; 2004‑195, s. 2.2.)