North Carolina Administrative Code (Last Updated: November 13, 2014) |
TITLE 02. AGRICULTURE AND CONSUMER SERVICES |
CHAPTER 59. SOIL AND WATER CONSERVATION COMMISSION |
SUBCHAPTER C. SMALL WATERSHED PROGRAM |
02 NCAC 59C .0402. LAND RIGHTS ACQUISITION COSTS
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(a) State grants pursuant to Article 4 Chapter 139 may cover up to fifty percent of land rights acquisition costs for water retarding structure sites which include flood prevention and/or water supply, and for recreation sites. Such costs include:
(1) the actual costs of titles or easements for landrights for the following:
(A) flood retarding structure sites, and impoundment areas;
(B) water supply sites;
(C) recreational sites;
(D) access roads necessary for construction, operation, and maintenance of (A), (B), or (C) of this Paragraph; and
(E) "uneconomic remnants" as defined in Public Law 91‑646;
(2) the following administration costs:
(A) cost of surveying; land rights taking lines;
(B) contract relocation advisory service and contract appraisal fees by qualified personnel;
(C) relocation assistance expenses;
(3) the following modification costs:
(A) public utilities;
(B) public highways;
(C) private roads;
(D) floodproofing that would prevent additional land rights acquisition costs.
(b) Such costs do not include the following:
(1) attorney fees;
(2) land costs for title or easements acquired for purposes other than those stated in this Rule;
(3) negotiator's or land rights agent's fees or salaries;
(4) watershed administrator's fees or salaries;
(5) watershed commissioner's or trustee's fees, salaries or expenses;
(6) any fees, salaries, or expenses of an employee of the local sponsor;
(7) any administrative costs not included in this Rule.
History Note: Authority G.S. 106-840; 139‑4(d); 139‑54(1);
Eff. September 1, 1982;
Amended Eff. October 1, 1984;
Transferred from 15A NCAC 06C .0403 Eff. May 1, 2012.