15A NCAC 12H .0305. PUBLIC TRUST

The State holds dedicated lands in trust on behalf of the people of North Carolina.

(1)           The State shall have authority to promulgate such rules, regulations, and policies as are necessary to insure its ability to protect the public purposes served by dedicated preserves.

(2)           Members of the public may bring notice to the Secretary or his agents of suspected violations of terms of dedications.  The Natural Heritage Program will respond promptly to investigate notices of violations and shall maintain ongoing monitoring of all dedicated preserves.  Subsequent to investigation of a notice of violation, the Natural Heritage Program shall respond to the notifying party and recommend appropriate action to the Secretary.  The Attorney General may, on his initiative or at the request of the Secretary, Governor, or Council of State, initiate actions in equity which may include requests for punitive damages and/or for injunctive relief against violators of the articles of dedication on any land so dedicated.

(3)           The Natural Heritage Program shall maintain administrative records for dedicated areas.  These shall be available for public review at reasonable times, and copies will be available at cost.

(4)           The State may enter contracts and agreements with other agencies and persons to manage and/or monitor dedicated preserves, but the State may not abdicate its trusteeship for dedicated lands through such contracts or agreements.

 

History Note:        Authority G.S. 113A‑164.4; 113A‑164.7;

Eff. January 1, 1986.