07 NCAC 04R .1402 AGREEMENT CONDITIONS
(a) The specific conditions, clauses, specifications, and terms of a preservation or conservation agreement shall be determined through negotiation between the grantor and grantee.
(b) If the state is a party to the agreement, terms addressing the appropriate and long term preservation of the property shall include:
(1) duration of the agreement;
(2) specific methods and techniques for maintaining and administering the property;
(3) public access or denial thereof;
(4) provisions for seeking changes or alterations in the property and the agreement;
(5) provisions for inspection of the property by the grantee;
(6) provisions for seeking restitution of and remedies for breach of the terms of agreement by either the grantor or grantee;
(7) procedures for seeking and granting consent or disapproval for proposed changes or alterations in the property or the agreement and for appealing any such actions;
(8) any special provisions necessary for the effective and long term preservation of the property.
History Note: Authority G.S. 121‑2(4),(5); 121‑9(b)(c); 121‑35; 121‑38; 121‑39;
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.