North Carolina Administrative Code

02 NCAC 59F .0105 PAYMENT (a) The NC-CREP combines federal and state funding to achieve the goals of the program. For that reason, the eligible person may receive two separate payments (i.e. federal and state) to meet expectations set by the applicable contracts. (b) The State pa…

02 NCAC 59F .0106 NONCOMPLIANCE with crep agreement (a) If noncompliance with any CREP agreement is determined, the landowner shall return the enrolled area to the condition that meets the guidelines of the CREP upon receiving written notification of noncompliance from the Divisi…

SUBCHAPTER 59G - APPROVAL OF TECHNICAL SPECIALISTS AND BMPS FOR WATER QUALITY PROTECTION 02 NCAC 59G .0101 PURPOSE This Subchapter describes criteria and procedures for the Soil and Water Conservation Commission to approve water quality technical specialists and to approve Best M…

02 NCAC 59G .0102 DEFINITIONS When used in this Subchapter: (1) "Best Management Practice" (BMP) means a structural or nonstructural management practice used singularly or in combination to reduce nonpoint source inputs to receiving waters. (2) "Certified Animal Waste Management …

02 NCAC 59G .0103 APPROVAL OF BEST MANAGEMENT PRACTICES (BMPs) (a) The Commission may approve individual BMPs or systems of BMPs in conjunction with water quality protection programs for agriculture and other nonpoint sources. (b) Approved BMPs shall meet the technical standards …

02 NCAC 59G .0104 APPROVAL OF WATER QUALITY TECHNICAL SPECIALISTS (a) Technical specialists shall be designated in one or more of the following categories: (1) The Structural Animal Waste category provides for the approval of the design and installation of lagoons, storage ponds,…

02 NCAC 59G .0105 APPLICATION OF BMP APPROVAL AND TECHNICAL SPECIALIST DESIGNATION TO WATER QUALITY PROTECTION PROGRAMS Approved BMPs or systems of BMPs and technical specialist designations by the Commission under this Subchapter shall satisfy the requirements of: (1) The Neuse …

SUBCHAPTER 59h – COMMUNITY CONSERVATION ASSISTANCE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL Section .0100 – COMMUNITY CONSERVATION ASSISTANCE PROGRAM 02 NCAC 59H .0101 PURPOSE History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. December 1, 2007; Transferred fro…

02 NCAC 59H .0102 DEFINITIONS FOR SUBCHAPTER 59H History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. December 1, 2007; Transferred from 15A NCAC 06I .0101 -.0102 Eff. May 1, 2012; Amended Eff. November 1, 2016; Repealed Eff. January 1, 2020.

02 NCAC 59H .0103 ALLOCATION GUIDELINES AND PROCEDURES History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. January 1, 2008; Transferred from 15A NCAC 06I .0103 Eff. May 1, 2012; Amended Eff. November 1, 2016; Repealed Eff. January 1, 2020.

02 NCAC 59H .0104 BEST MANAGEMENT PRACTICES ELIGIBLE FOR COST SHARE PAYMENTS History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. December 1, 2007; Transferred from 15A NCAC 06I .0104 - .0106 Eff. May 1, 2012; Repealed Eff. January 1, 2020.

02 NCAC 59h .0105 COST SHARE AND INCENTIVE PAYMENTS History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. December 1, 2007; Transferred from 15A NCAC 06I .0104 - .0106 Eff. May 1, 2012; Repealed Eff. January 1, 2020.

02 NCAC 59H .0106 TECHNICAL ASSISTANCE FUNDS History Note: Authority G.S. 106-840; 106-860; 139-4; 139-8; Eff. December 1, 2007; Transferred from 15A NCAC 06I .0104 - .0106 Eff. May 1, 2012; Repealed Eff. January 1, 2020.

02 NCAC 59h .0107 COST SHARE AGREEMENT History Note: Authority G.S. 106-860; 139-4; 139-8; Eff. June 1, 2008; Transferred from 15A NCAC 06I .0107 Eff. May 1, 2012; Repealed Eff. January 1, 2020.

02 NCAC 59h .0108 DISTRICT PROGRAM OPERATION History Note: Authority G.S. 106-840; Eff. March 1, 2008; Transferred from 15A NCAC 06I .0108 Eff. May 1, 2012; Repealed Eff. January 1, 2020.

CHAPTER 60 - DIVISION OF FOREST RESOURCES SUBCHAPTER 60A - DIVISION ORGANIZATION 02 NCAC 60A .0101 NAME AND ADDRESS History Note: Authority G.S. 106-22; 143B-10(j); Eff. February 1, 1976; Amended Eff. October 2, 1978; Readopted Eff. November 6, 1980; Amended Eff. March 1, 1990; O…

02 NCAC 60A .0102 GENERAL PURPOSE OF THE DIVISION (a) Organization. The division has a line-staff organization with administrative units at the state, regional, district, county and local project levels. The forest protection and management sub-program consists of several continu…

02 NCAC 60A .0103 DEFINITIONS (a) As used in this Chapter: (1) Applicant. Any person applying to purchase or otherwise obtain forest tree seed or seedlings from state forest tree nurseries; (2) Clonal Material. Vegetative material taken from forest trees in any seed orchard or fr…

SUBCHAPTER 60B - DIVISION PROGRAMS SECTION .0100 - ADMINISTRATION 02 NCAC 60B .0101 COUNTY COOPERATION: FISCAL ASPECTS The funding provided by each county is negotiated based on available state funds and a percentage rate determined from a tax valuation scale jointly developed by…

02 NCAC 60B .0102 COUNTY FOREST RANGER EMPLOYMENT History Note: Authority G.S. 106-22; 106-898; 143B-10(j); Eff. February 1, 1976; Readopted Eff. November 6, 1980; Amended Eff. October 1, 1984; Transferred from 15A NCAC 09C .0102 Eff. May 1, 2012; Expired Eff. October 1, 2015 pur…

02 NCAC 60B .0103 USE OF DIVISION OF FOREST RESOURCES TRAINING FACILITIES (a) The training facilities satisfy the needs of the division and those of cooperating agencies that share parallel program objectives. The training facilities serve the following uses: (1) Primary uses: (A…

SECTION .0200 - FOREST FIRE CONTROL 02 NCAC 60B .0201 BURNING PERMITS FOR FOREST FIRE PREVENTION: CANCELLATION (a) Burning permits may be cancelled when it is determined that hazardous forest fire conditions exist or when an air pollution episode exists. The cancellation may be f…

02 NCAC 60B .0202 SUMMONING FIRE FIGHTERS History Note: Authority G.S. 106-22; 106-899; 143B-10(j); Eff. February 1, 1976; Readopted Eff. November 6, 1980; Amended Eff. October 1, 1984; Transferred from 15A NCAC 09C .0204 Eff. May 1, 2012; Repealed Eff. April 1, 2018.

02 NCAC 60B .0203 FOREST OWNERSHIP MAPS History Note: Authority G.S. 106-22; 143B-10; Eff. February 1, 1976; Readopted Eff. November 6, 1980; Amended Eff. October 1, 1984; Transferred from 15A NCAC 09C .0205 Eff. May 1, 2012; Expired Eff. October 1, 2015 pursuant to G.S. 150B-21.…

02 NCAC 60B .0204 RURAL FIRE DEPARTMENT FUNDING The U.S. Secretary of Agriculture allocates funds to the states through the U.S. Forest Service. The funds for North Carolina are allocated to rural fire departments by the Division of Forest Resources using federal guidelines. The …

02 NCAC 60B .0205 PERSONAL INJURY LIABILITY DURING FOREST FIRE CONTROL History Note: Authority G.S. 106-22; 106-899; 143B-10(j); Eff. February 1, 1976; Amended Eff. October 2, 1978; Readopted Eff. November 6, 1980; Amended Eff. October 1, 1984; August 1, 1982; Transferred from 15…

SECTION .0300 - PEST CONTROL 02 NCAC 60B .0301 DETECTION PROCEDURES The division maintains continuous surveillance to monitor threats and potential threats to the forest from destructive insect and disease organisms. Landowners and interested parties are notified when such threat…

02 NCAC 60b .0302 CONTROL ACTIONS AND LIMITATIONS History Note: Authority G.S. 106-22; 106-920; Eff. February 1, 1976; Readopted Eff. November 6, 1980; Transferred from 15A NCAC 09C .0304 Eff. May 1, 2012; Repealed Eff. April 1, 2018.

02 NCAC 60B .0303 TECHNICAL ADVICE AND ASSISTANCE The division offers technical advice and assistance on forest pest problems to landowners, firms, municipalities and other state and federal agencies. Advice and assistance on yard and shade tree pests is given incidental to other…

SECTION .0400 – FOREST MANAGEMENT 02 NCAC 60B .0401 REFERRALS AND LIMITATIONS The forest management program provides forestry services to landowners and forest product operators in order to bring more forest land into active management. Accomplishment of this objective requires t…

02 ncac 60B .0402 TECHNICAL SERVICES (a) Technical forestry services shall be provided to forest landowners, forest products operators, and processors upon request. These services consist of the following: (1) Services provided without charge: (A) examination of a forest tract (a…

SECTION .0500 - FOREST TREE SEEDLINGS 02 NCAC 60B .0501 PURPOSE Nursery and tree improvement programs produce and distribute forest tree seedlings to landowners of the state as a part of the forestation program administered by the department. History Note: Authority G.S. 106-22; …

02 ncac 60B .0502 TREE SEEDLING PRICES Tree seedlings are grown in the nurseries for 9 to 48 months, depending upon species, prior to sale. Seedling and seed prices shall be determined on the basis of estimated costs of production and volume of sales. The secretary sets seedling …

02 NCAC 60b .0503 PRICES OF SURPLUS SEEDLINGS AND SEED SOLD TO OTHER STATES The director may sell surplus forest tree seedlings or seed to other states at a negotiated price based upon the price structure of the purchasing state when he determines that such action is in the best …

02 NCAC 60B .0504 REDUCTION OF ORDERS AND ESTABLISHING APPLICATION DEADLINES (a) When the director anticipates a shortage in tree seedling or seed supply, he may place a maximum limit on the numbers of trees available to each applicant and may establish deadlines for receipt of s…

02 NCAC 60B .0505 CUSTOM SALE OF TREE SEEDLINGS Applicants may order tree seedlings prior to the sowing of seed in the nursery. The nursery and tree improvement forester may accept such custom orders. The Nursery and Tree Improvement Forester shall evaluate each request for custo…

02 ncac 60b .0506 APPLICATION FOR TREE SEEDLINGS OR SEED Applicants for forest tree seedlings or seed shall complete a seedling or seed order form or other means developed by the Division. These can be obtained from the department; the division's local offices or from the Divisio…

02 NCAC 60B .0507 PAYMENT FOR TREE SEEDLINGS All applications shall include full payment unless the nursery and tree improvement forester has approved the applicant's credit after a review of the applicant's past credit payment record or credit reference. (1) If the applicant has…

02 ncac 60B .0508 FORFEITURE OF PAYMENT FOR LATE CANCELLATION The division must guarantee sales in advance because tree seedling nurseries must cover costs of production from seedling sales. Therefore, any orders cancelled after December 31 for bareroot seedlings and September 1 …

02 ncac 60B .0509 DISPOSITION AND PROCESSING OF TREE SEEDLING ORDERS The Division shall fill all tree seedlings orders as received and shall notify applicants when depleted seedling supply prevents acceptance or completion of their orders. History Note: Authority G.S. 106-22; 106…

02 NCAC 60B .0510 AUTHORITY TO PRODUCE CHRISTMAS TREE SPECIES (a) The division produces seedlings of Fraser fir and other species suitable as Christmas trees in its nurseries. (b) The division will sell Fraser fir seedlings to applicants for planting in counties that are ecologic…

02 ncac 60B .0511 EXCHANGED AND DISTRIBUTION OF CLONAL MATERIAL The division may release clonal material, vegetative cuttings made from any seed orchard or from genetically improved trees, when the Forest Management and Forest Development Section Chief, determines that such relea…

02 NCAC 60b .0512 STORAGE FEES (a) Seedlings - The Director shall charge a storage fee for containerized seedlings stored after December 15th and bareroot seedlings stored after May 15th when storage coolers are at 80% or greater capacity. The storage fee shall be a monthly fee o…

02 ncac 60B .0513 HUNTING Hunting restricted. No person shall hunt any wild bird or wild animal on state nursery property, orchard sites or seed production areas except for: (1) predator control under the direction of the nursery supervisor or tree improvement supervisor; and (2)…

SECTION .0600 - CUSTOM FORESTRY SERVICES 02 ncac 60B .0601 DEFINITION OF TERMS As used in this Section "custom forestry services" means silvicultural practices designed to enhance forest and wildlife habitat conditions that the Division of Forest Resources (Division) performs for…

02 NCAC 60B .0602 APPLICATION FOR SERVICES Persons may apply for custom forestry services directly to local offices of the division. History Note: Authority G.S. 106-22; 106-1001; 143B-10; Eff. February 1, 1976; Readopted Eff. November 6, 1980; Transferred from 15A NCAC 09C .0603…

02 NCAC 60B .0603 FEES FOR SERVICES History Note: Authority G.S. 106-22; 106-1001; Eff. February 1, 1976; Readopted Eff. November 6, 1980; Amended Eff. August 1, 2002; October 1, 1984; Transferred from 15A NCAC 09C .0604 Eff. May 1, 2012; Repealed Eff. April 1, 2018.