15A NCAC 12H .0303. ARTICLES OF DEDICATION

(a)  Articles of dedication shall be developed and accepted as follows:

(1)           Articles of dedication must consist of such rights and restrictions as:

(A)          will adequately protect the qualifying natural features of the land under Rule .0202 of this Subchapter, and

(B)          will provide and protect the public purposes described in the articles of dedication and complying with Rule .0301(b) of this Section.

(2)           Articles of dedication shall contain provisions relating to the management, use, development, transfer, and public access, and may contain any other restrictions and provisions as may be necessary or advisable to protect the public purposes described in the articles.

(3)           Articles of dedication shall specify the primary custodian who will be responsible for managing the nature preserve in accordance with the articles of dedication and these regulations.

(4)           Articles of dedication may define, consistently with the public purposes of the dedication, the respective rights and duties of the owner and of the State and provide procedures to be followed in case of violations of the restrictions.

(5)           Articles of dedication may recognize and create reversionary rights, transfers upon conditions or with limitations, and gifts over, as provided by G.S. 113A‑164.6(b)(3) and (c).

(6)           Articles of dedication are filed by the State with the county register(s) of deeds in the county(ies) where the land lies and shall become and remain part of the deed until and unless extinguished by the State under provisions in G.S. 113A‑164.6(c).

(7)           Articles of dedication may be acquired by purchase, gift, or grant, or may be established by the State on lands or interests in lands that it holds, however acquired.

(8)           Articles of dedication may not be accepted and recorded without express approval of the Governor and Council of State.

(9)           Articles of dedication shall include the right of the State or its agents to enter the land at reasonable times to inspect its condition and to enforce the articles of dedication as needed.  This right of inspection does not in and of itself constitute public access.

(10)         Articles of dedication may, but need not, provide public access.  Such access is preferred where it will not interfere with the qualities of the natural area or subvert the value of the public purposes served by dedication.

(11)         Articles of dedication may vary in provisions from one nature preserve to another in accordance with differences in the characteristics and conditions of the area involved, or for other reasons found necessary by the State and the landowner, grantor, devisor, or donor.

(b)  Articles of dedication on land remaining in private ownership shall contain provisions for notifying the State before sale or transfer by deed or lease of the land or other interests therein.  The State will not regulate or prohibit such sale or transfer but shall insure that the grantee or lessee is familiar with the articles of dedication and understands their meaning and that they are binding on him.  The county register(s) of deeds should notify the State whenever dedicated lands are transferred by will or as part of an estate.  Local government agencies holding dedicated lands shall notify the State at least 30 days before sale or transfer of the lands or interests therein, and such sale or transfer shall not subvert the purposes of G.S. 113A‑164.  Sale or transfer of dedicated preserves in State ownership shall not subvert the purposes of G.S. 113A‑164.7.

 

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

Eff. January 1, 1986;

Amended Eff. August 1, 1988.