07 NCAC 13H .0302         DEDICATION PROCESS

(a)  Upon receipt of the recommendation reports from the Natural Heritage Program and statements of recommendation from the Natural Heritage Advisory Committee, the Secretary shall determine whether the proposed area qualifies under criteria set forth in Rule .0202 of this Subchapter and constitutes an "outstanding natural area" through dedication as a nature preserve.

(b)  Nature preserves are created when natural areas are dedicated by:

(1)           the owner who transfers to the State the title or other interest in the land with Articles of Dedication agreed to by the owner and the State;

(2)           any local unit of government that transfers 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; or

(3)           the State itself for State-owned lands through Articles of Dedication, and declaring 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 State Property Office shall make recommendations to the Governor and Council of State for dedicating State-owned lands as nature preserves.

History Note:        Authority G.S. 143B-135.256; 143B-135.260; 143B-135.262; 143B-135.264; 143B-135.266; 143B-135.268;

Eff. August 30, 1980;

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

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0302 Eff. April 1, 2017.