02 NCAC 59D .0105. COST SHARE AND INCENTIVE PAYMENTS

(a)  Cost share and incentive payments may be made through Cost Share Agreements between the district and the applicant.

(b)  For all practices except those eligible for CSI, the state shall provide a percentage of the average cost for BMP installation not to exceed the maximum cost share percentages shown in subdivisions (6), (8), and (9) of G.S. 143-215.74(b), and the applicant shall contribute the remainder of the cost.  In‑kind contributions by the applicant shall be included in the applicants' cost share contribution.  In‑kind contributions shall be specified in the agreement for cost sharing and shall be approved by the district.

(c)  CSI payments shall be limited to a maximum of three years per farm.

(d)  Average installation costs for each comparative area or region of the state and the amount of cost share incentive payments shall be updated and revised at least triennially by the Division for approval by the Commission.

(e)  The total annual cost share payments to an applicant shall not exceed the maximum funding authorized in subdivisions (6) and (9) of G.S. 143-215.74(b).

(f)  Cost share payments to implement BMPs under this program may be combined with other funding programs, as long as the combined cost share rate does not exceed the amount and percentages set forth in Paragraphs (b) and (e) of this Rule.  For special funding programs where the applicant relinquishes all production capability on his or her agricultural land for at least 10 years, combined funding may equal up to 100 percent.  Agriculture Cost Share Program funding shall not exceed the maximum cost share percentages shown in subdivisions (6), (8), and (9) of G.S. 143-215.74(b).

(g)  Use of cost share payments is restricted to land located within the county approved for funding by the Commission.  However, in the situation where an applicant's farm is not located solely within a county, the entire farm, if contiguous, shall be eligible for cost share payments.

(h)  Cost share contracts used on or for local, state or federal government land must be approved by the Commission in order to avoid potential conflicts of interest and to ensure that such contracts are consistent with the purposes of this program.

(i)  The district Board of Supervisors may approve Cost Share Agreements with cost share percentages or amounts less than the maximum allowable in subdivisions (6), (8), and (9) of G.S. 143-215.74(b) if:

(1)           The Commission allocates insufficient cost share BMP funding to the district to enable it to award funding to all applicants;

(2)           The district establishes other criteria in its annual strategy plan for cost sharing percentages or amounts less than those allowable in subdivisions (6), (8), and (9) of G.S. 143-215.74(b).

(j)  For purposes of determining eligible payments under practice-specific caps described in the detailed implementation plan, the district board shall consider all entities with which the applicant is associated, including those in other counties, as the same applicant.

 

History Note:        Authority G.S. 106-840; 106-850; 139‑4; 139‑8;

Eff. May 1, 1987;

Temporary Amendment Eff. September 23, 1996;

Recodified form 15A NCAC 06E .0005 Eff. December 20, 1996;

Temporary Amendment Expired June 13, 1997;

Amended Eff. March 1, 2008; July 1, 2004; April 1, 1999; January 1, 1998;

Transferred from 15A NCAC 06E .0105 Eff. May 1, 2012.