15A NCAC 12H .0203. REGISTRATION PROCESS

(a)  Nomination

(1)           Nominations for the Registry of Natural Heritage Areas may be made by the Natural Heritage Program staff, by other public agencies, by members of the natural areas advisory committee, and by any other resident or property owner of the state.  Nominations shall be submitted to the North Carolina Natural Heritage Program.

(2)           The Natural Heritage Areas Nomination Form, or equivalent information, shall be submitted in order to provide the Natural Heritage Program with general information on location, owner or administering agency, current use, and natural significance of proposed areas. The Natural Heritage Program staff shall, if necessary, conduct an on‑site evaluation of a nominated area in order to gather additional information on which to determine that the area meets eligibility criteria.  The nomination form can be obtained at the address of the Natural Heritage Program.

(3)           After reviewing sufficient information on a nominated area, the Natural Heritage Program staff shall determine if an area qualifies for the registry and shall document its findings in an evaluation report with recommendations for action.  For each nominated site worthy of registration, the Natural Heritage Program staff coordinator shall prepare a statement of significance and shall sign a statement of recommendation that the area is found eligible for the registry.  The Natural Heritage Program staff coordinator, in cases when a site is found not to meet eligibility criteria, shall prepare a negative report explaining the decision.  The Natural Heritage Advisory Committee shall review both positive and negative recommendations.

(4)           Nominations initiated by the public or other agencies shall be accepted or rejected (with a full explanation accorded upon rejection) by the Department within six months of receipt.  The nominator may petition for consideration again if significant new information is forwarded to the Natural Heritage Program.

(b)  Notification of Landowner or Administrator.  Once an area is nominated and appears potentially eligible for registration, the Natural Heritage Program staff shall notify the owner or administering agency.  This notification may not be necessary at this point if the owner nominated or knew about the nomination of the property.  The owner may request that the property be or not be considered further for registration.

(c)  Review Process.  All nominations and recommendation statements shall be submitted by the Natural Heritage Program to the Natural Heritage Advisory Committee for its review and approval.  The Natural Heritage Advisory Committee shall receive and review nominations at its regularly scheduled meetings.  The chairman or acting chairman of the advisory committee, upon committee approval of the nomination, shall sign the statement of recommendation before approval by the Director of the Division of Parks and Recreation and submission to the Secretary or his designee.  The Secretary or his designee shall solicit review and comment upon the nomination from all appropriate agencies.  Recommendation statements and a report on the owner's willingness to accept registration shall then be forwarded to the Secretary for final decision on eligibility.

(d)  Designation.  Upon receipt of the recommendations from the Natural Heritage Program and Natural Heritage Advisory Committee and reviews by appropriate divisions and agencies, the Secretary shall have the option of approving or not approving an area as eligible for the registry.  The registration of a site is ultimately the voluntary decision of the landowner or administering agency.

 

History Note:        Authority G.S. 113‑3; 113‑8; 113A‑164.4; 113A‑164.5;

Eff. April 4, 1979;

Amended Eff. January 1, 1986; October 1, 1984; August 30, 1980.