North Carolina Administrative Code

Codifier's Note: Rules 18 NCAC 07K .0201-.0206 were transferred to 18 NCAC 07D .0201-.0206 effective March 1, 2025.

CHAPTER 08 - LAND RECORDS MANAGEMENT DIVISION 18 NCAC 08 was transferred from 15A NCAC 15, effective November 25, 1991. SECTION .0100 - GENERAL 18 NCAC 08 .0101 PURPOSE The purpose of the Land Records Management Division is to encourage county governments to utilize modern method…

18 NCAC 08 .0102 FUNCTIONS The Land Records Management Division shall provide statewide coordination, technical advice, policy guidance, and financial assistance to county governments with respect to all records pertaining to land parcels. History Note: Authority G.S. 102-15 thro…

18 NCAC 08 .0103 COUNTY PARTICIPATION Participation by county governments in the land records modernization program, as set forth in Sections .0100 through .1000 of this Chapter is entirely voluntary and is initiated only by an action of the board of county commissioners. If a bo…

18 NCAC 08 .0104 ADMINISTRATION Administration of the Land Records Management Division shall be in accordance with the administrative rules prepared by the Secretary of State and made available to county governments from the Land Records Management Division , North Carolina Depar…

18 NCAC 08 .0105 DEFINITIONS OF TERMS The definitions in this Rule shall apply to the terms used in this Chapter: (1) "Act" means the Act to Provide Assistance to Counties for Improvement of Land Records, Chapter 1099, 1977 N.C. Session Laws. (2) "Applicant" means a board of coun…

SECTION .0300 - PROJECTS 18 NCAC 08 .0301 ELIGIBLE PROJECTS Grants are available for projects which constitute one or more phases of a plan to standardize the county land records management systems. Any such plan must describe the work to be undertaken in relation to the county's…

18 NCAC 08 .0302 DESCRIPTION OF PROJECTS Projects may include preparation of base maps, preparation of cadastral maps, utilization of a standard parcel identifier, or preparation and implementation of automated processing of land parcel records, as set forth in G.S. 102-17. Histo…

SECTION .0400 - ELIGIBLE APPLICANTS 18 NCAC 08 .0401 COUNTY COMMISSIONERS The board of county commissioners of each county shall be eligible to apply for grants to assist in the financing of projects. History Note: Authority G.S. 102-15 through 102-17; 143-345.6; Eff. February 27…

18 NCAC 08 .0402 QUALIFICATIONS No applicant shall be eligible for the award of a grant unless it demonstrates to the satisfaction of the Department the following: (1) the applicant is a board of county commissioners; (2) the applicant has the financial capacity to provide its sh…

SECTION .0500 - FUNDING 18 NCAC 08 .0501 GRANT LIMITATIONS Grants shall be made in such amount as the Department shall deem necessary or appropriate under the circumstances of the grant application, but in no event shall any grant award exceed one dollar for every dollar of local…

18 NCAC 08 .0502 SUPPLEMENTAL GRANTS Supplemental grants may be made for those approved projects for which a grant has already been awarded provided that additional matching funds are available and the supplemental grant is required for continued improvement in the county land re…

18 NCAC 08 .0503 ELIGIBLE PROJECT COSTS Eligible costs may include the cost of purchase or acquisition of capital equipment or interests therein. Eligible costs are limited to the actual costs of the work or works described in the project application for a state grant and do not …

SECTION .0600 - APPLICATIONS 18 NCAC 08 .0601 SUBMITTING APPLICATIONS Applications for project grants for improvement or expansion of land records management systems shall be submitted to the Division on the Land Records Management Grant Application. Applications and all supporti…

18 NCAC 08 .0602 INSUFFICIENT INFORMATION Any application which does not contain information sufficient to permit the Department to determine either the eligibility of the applicant or the assignment of a priority shall not be deemed as received until such information is furnishe…

18 NCAC 08 .0603 ADDITIONAL INFORMATION An applicant shall furnish information supplemental to the information contained in its application and supporting documentation upon request by the Department. History Note: Authority G.S. 102-15; 102-17; 147-54.3; Eff. February 27, 1979; …

18 NCAC 08 .0604 AMENDMENTS An applicant may amend a pending application to include additional data or information in support of its original application at any time prior to the date on which the final priority to be assigned to the application is determined. History Note: Autho…

18 NCAC 08 .0605 WITHDRAWAL An application may be withdrawn from consideration upon request of the applicant and, if resubmitted, shall be considered as a new application. History Note: Authority G.S. 102-15; 102-17; 143-345.6; Eff. February 27, 1979; Transferred from T01.21 effe…

SECTION .0700 - DETERMINATION OF ELIGIBILITY 18 NCAC 08 .0701 ELIGIBLE APPLICATIONS (a) Each application, and supporting documents, shall be reviewed by the Department to determine if it contains all required information and meets grant eligibility requirements. (b) Each applican…

18 NCAC 08 .0702 INELIGIBLE APPLICATIONS Ineligible applications will be returned to the applicant along with appropriate explanation of the eligibility. History Note: Authority G.S. 102-15; 102-17; 143-345.6; Eff. February 27, 1979; Transferred from T01.21 effective August 25, 1…

SECTION .0800 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS 18 NCAC 08 .0801 PRIORITIES (a) Each eligible application shall be assigned a priority for grant funds through use of the point system outlined in this Section. (b) In determining the priority to be assigned to each…

18 NCAC 08 .0802 CATEGORIES (a) Applications shall be separated into categories for assignment of priority points. (b) Separate priorities will be established within each of the following categories: (1) county has plan which has not been initiated; (2) county has initiated its p…

18 NCAC 08 .0803 POINT SYSTEM Within each category in Rule .0802 of this Section, priority points will be assigned in the amounts indicated in this Rule for the following factors: (1) Comprehensive long range county plan for modernization of land records (maximum -- 15 points); (…

SECTION .0900 - GRANT AWARDS 18 NCAC 08 .0901 CERTIFICATE OF ELIGIBILITY The land records management office shall forward to the secretary of the department a certificate indicating each land records management project eligible to receive a grant offer. This certificate of eligib…

18 NCAC 08 .0902 GRANT OFFER Based on the total number of points assigned the application, grants shall be offered in the descending order of total points assigned all applications which are eligible for consideration during a given quarter. History Note: Authority G.S. 102-15; 1…

18 NCAC 08 .0903 WITHDRAWAL OF GRANT OFFER Failure of an applicant to arrange for necessary financing of the proposed projects, to award a contract (if necessary) for all or part of the proposed project and to fully execute a contract with the department for the payment of grant …

18 NCAC 08 .0904 FAILURE TO QUALIFY FOR GRANT AWARDS (a) Upon determination that applicant will not receive a grant offer, the department shall so inform applicant. (b) If an applicant does not receive a grant offer in the quarter of the fiscal year in which the application is fi…

SECTION .1000 - PAYMENT OF GRANTS 18 NCAC 08 .1001 REQUESTS FOR PAYMENT Requests for payment of any grant funds awarded shall be made by the grant recipient to the land records management office. Following review, inspection, or audit, the land records management office shall not…

18 NCAC 08 .1002 INSPECTION OF PROJECT (a) A project for which a grant has been made may be inspected by the Division to determine the degree of completion of the project, and compliance with applicable laws and rules. (b) Inspections shall be made by personnel of the Division, b…

18 NCAC 08 .1003 AUDIT OF PROJECTS (a) An audit shall be required for each project for which a state grant has been made. (b) If a federal agency making a grant to a project for which a state grant is made is required to make an audit or audits of the project, such audits may, at…

SECTION .1100 - MINIMUM STANDARDS FOR INDEXING LAND RECORDS 18 NCAC 08 .1101 INTRODUCTION AND PURPOSE (a) The Registers of Deeds of North Carolina are dedicated to sound management practices, progressive land records modernization efforts, and the best possible assistance to the …

18 NCAC 08 .1102 TECHNICAL ASSISTANCE The Division shall make every effort, within reason, depending on financial and personnel resources, to assist any Register of Deeds in making the transition to the Standards. Requests for assistance from Registers of Deeds shall be in writin…

18 NCAC 08 .1103 COMPLIANCE REVIEWS In order to determine that full statewide compliance with the standards has been accomplished and to assess additional needs of assistance, the Division may periodically make on-site visits to Registers of Deeds operations and advise Registers …

18 NCAC 08 .1104 LAND RECORDS ADVISORY COMMITTEE ON INDEXING, COMPUTERIZATION The Land Records Advisory Committee on Indexing and Computerization (hereinafter referred to as "Committee") is an established standing committee of the N.C. Association of Registers of Deeds. The Commi…

SECTION .1200 - MINIMUM CERTIFICATION REQUIREMENTS FOR LOCAL GOVERNMENT PROPERTY MAPPERS 18 NCAC 08 .1201 INTRODUCTION AND PURPOSE (a) The Department of the Secretary of State (hereinafter referred to as Department), has developed minimum certification requirements for property m…

18 NCAC 08 .1202 DEFINITIONS In addition to the terms defined in G.S. 147-54.4(a)(1), the following definitions shall apply to the rules in this Section: (1) "AM/FM" means Automated Mapping and Facilities Management. (2) "ASPRS" means the American Society for Photogrammetry and R…

18 NCAC 08 .1203 ELIGIBILITY Persons who are eligible to apply for certifications are defined in G.S. 147-54.4(a) and (b). History Note: Authority G.S. 147-54.4(a); 147-54.4(b); 147-54.4(e); Eff. March 1, 1994; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive pu…

18 NCAC 08 .1204 APPLICATION PROCEDURES FOR CERTIFICATION Eligible persons shall apply for certification by completing a Certification Application made available by the Department. The applicant shall include all documentation and fees as required in Rules .1206 and .1207 of this…

18 NCAC 08 .1205 APPLICATION PROCEDURES FOR RENEWAL The Division shall mail renewal notifications to each property mapper whose certification is about to expire. The renewal notifications shall be mailed out on approximately October 1 and shall be returned by the property mapper …

18 NCAC 08 .1206 REQUIRED DOCUMENTATION In order to be considered for certification or recertification, the applicant shall supply the Department with appropriate documents that give evidence that the applicant has completed the required courses, credit hours of instruction and e…

18 NCAC 08 .1207 FEES Applications for certification and renewal shall be accompanied by the proper fees as set out in G.S. 147-54.4(d). Checks or money orders made payable to the "State of North Carolina/General Fund" shall be accepted for payment of fees. History Note: Authorit…

18 NCAC 08 .1208 INSTRUCTION AND EXAMINATION FOR INITIAL CERTIFICATION (a) An applicant shall attend the following courses of instruction to be considered for initial certification: (1) IOG Listing & Assessing Class. (2) NCPMA Mapping School. (b) An applicant shall also obtain a …

18 NCAC 08 .1209 COURSES OF INSTRUCTION FOR RECERTIFICATION (a) The courses of instruction with corresponding hours that will be credited toward recertification are as follows: COURSE HOURS (1) AM/FM International 24 hours (2) GIS/LIS 24 hours (3) IAAO Course #6 24 hours (4) IOG …

18 NCAC 08 .1210 CERTIFICATION SCHEDULE (a) Local government property mapper initial certifications are effective upon approval by the Department and shall expire on December 31 of the second calendar year following such approval. Renewals are effective on January 1 and shall exp…

18 NCAC 08 .1211 APPLICATION REVIEW The Department, with assistance from the Certification Board of the NCPMA, shall review each application to insure that the applicant is eligible, has completed all the necessary courses, and has succeeded in submitting all the required documen…

18 NCAC 08 .1212 NORTH CAROLINA CERTIFIED PROPERTY MAPPER CERTIFICATE Upon meeting the criteria set forth in G.S. 147-54.4 and the rules of this Section, the property mapper shall receive his certificate and personal certificate number within 30 days of submitting his application…

18 NCAC 08 .1213 TERMINATION OF LOCAL GOVERNMENT EMPLOYMENT The termination of employment shall automatically disqualify the property mapper for renewal of certification. History Note: Authority G.S. 147-54.4(a); 147-54.4(b); 147-54.4(e); Eff. March 1, 1994; Pursuant to G.S. 150B…

CHAPTER 10 - ELECTRONIC COMMERCE SECTION SECTION .0100 - GENERAL ADMINISTRATION 18 NCAC 10 .0101 HOW TO CONTACT THE ELECTRONIC COMMERCE SECTION (a) The Electronic Commerce Section may be contacted by the following means: Regular mail may be sent to the Electronic Commerce Section…

SECTION .0200 - DEFINITIONS 18 NCAC 10 .0201 APPLICABLE DEFINITIONS In addition to the definitions in the Electronic Commerce Act, Article 11A of Chapter 66 (G.S. 66-58.1 et seq.), the following apply to the rules in this Chapter: (1) Affiliated Individual. An "affiliated individ…

SECTION .0300 - PUBLIC KEY TECHNOLOGY 18 NCAC 10 .0301 PUBLIC KEY TECHNOLOGY LICENSING, FEES, RENEWAL (a) To be considered for licensure under this subsection, a Certification Authority shall utilize certificate-based public key cryptography. (b) Any applicant seeking licensure m…