07 NCAC 13H .0303          ARTICLES OF DEDICATION

(a)  Articles of Dedication shall include:

(1)           a statement of the public purposes served by the dedication and a declaration that the State shall hold such title or interest to the area in trust for the public as a dedicated nature preserve under the terms and authority set forth in G.S. 143B-135.262, and describe the rights and restrictions as will protect the dedicated area consistent with the criteria set forth in Rule .0202 of this Subchapter.

(2)           the primary custodian who will be responsible for managing the nature preserve in accordance with the Articles of Dedication and these Rules;

(3)           the right of the State or its agents to enter dedicated lands to inspect its condition and to enforce the Articles of Dedication.  This right of inspection shall not in and of itself create an automatic right of public access; and

(4)           any other provision necessary to carry out the purpose of this Subchapter.

(b)  Articles of Dedication on land remaining in private ownership shall contain a provision notifying the State before any sale or transfer by deed or lease of the land or other interests therein. The State shall not regulate or prohibit such sale or transfer, but shall ensure that the grantee or lessee is familiar with the Articles of Dedication. The Articles of Dedication shall contain a provision indicating that any transfer of any interest in the dedicated nature preserve shall be subject to the conditions set forth in the Articles of Dedication.

 

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

Eff. January 1, 1986;

Amended Eff. August 1, 1988;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0303 Eff. April 1, 2017.