15A NCAC 12H .0302. DEDICATION PROCESS

(a)  Each area proposed for dedication as a nature preserve shall be examined and reported on in writing to the Secretary by the Natural Heritage Program or other person or persons designated by the Secretary.

(b)  The report on the proposed area shall include information on its location, legal description, ownership, provision for custody and management, general character, natural types, environmental significance, degree of past disturbance, relation to adjoining lands, potential as a nature preserve, and interest of the owner in dedication.

(c)  Upon receipt of the report and recommendation from the Natural Heritage Program and recommendation from the Natural Heritage Advisory Committee, the Secretary shall make a determination that the proposed area qualifies under criteria set forth under Rule .0202 of this Subchapter and constitutes a natural area worthy of protection through dedication as a nature preserve, and if the owner is willing to have the land or a portion thereof dedicated as a nature preserve, through the Office of State Property to the Governor and Council of State.

(d)  A natural area shall become a nature preserve upon acceptance of articles of dedication by the Governor and Council of State.  Preserves are created when natural areas are dedicated by:

(1)           a person or other owner who may transfer to the State the title or other interest in the land with articles of dedication agreed to by the owner and the State.  The articles of dedication shall include a statement of the public purposes served by the dedication and declare that the State shall hold such title or interests in trust for the public as a dedicated preserve under terms and authority of the Nature Preserves Act, G.S. 113A‑164.7.

(2)           Any local unit of government who may transfer fee simple title or other interest in land to the State through articles of dedication agreed to by the local government agency and the State.  The articles of dedication shall include a statement of the public purposes served by the dedication and name the State as trustee for the dedication.

(3)           the State itself for State owned lands through articles of dedication and declare the State as trustee for the dedication, subject to allocation pursuant to the provisions of G.S. 143‑341(4)g.  The Secretary and Director of the Office of State Property shall make recommendations to the Governor and Council of State for dedicating State owned lands as nature preserves.

 

History Note:        Authority G.S. 113A‑164.4; 113A‑164.6 through 164.10;

Eff. August 30, 1980;

Amended Eff. August 1, 1988; January 1, 1986.