North Carolina Administrative Code

SECTION .0200 - DESIGNATION OF STATE TRAILS 07 NCAC 13G .0201 CONSULTATION WITH COMMITTEE Applications must be reviewed by the committee. A recommendation to the secretary will be made regarding the committee's findings concerning the trail's readiness for use, location and popul…

07 NCAC 13G .0202 CONSULTATION WITH GOVERNMENTAL UNITS Applications must include resolutions or other appropriate documents clearly indicating the support of affected governmental units for state designation of the trail. History Note: Authority G.S. 143B-135.102; 143B-135.104; 1…

07 NCAC 13G .0203 EFFECT UPON ADJACENT LANDOWNERS Applications must include a discussion of the potential effects designation could have on adjacent landowners as well as how negative effects will be minimized. History Note: Authority G.S. 143B-135.102; 143B-135.104; 143B-135.106…

07 NCAC 13G .0204 SCENIC EASEMENTS WITHIN RIGHT-OF-WAY History Note: Authority G.S. 113A-88; 113A-90; 113A-93; Eff. April 4, 1979; Repealed Eff. April 1, 1983; Transferred from 15A NCAC 12G .0204 Eff. April 1, 2017.

07 NCAC 13G .0205 PUBLIC NOTICE OF SELECTED ROUTE History Note: Authority G.S. 113A-88; 113A-90; 113A-93; Eff. April 4, 1979; Amended Eff. April 1, 1983; Repealed Eff. August 1, 1988; Transferred from 15A NCAC 12G .0205 Eff. April 1, 2017.

07 NCAC 13G .0206 ENVIRONMENTAL PRESERVATION OR ENHANCEMENT History Note: Authority G.S. 113A-93; 113A-89; Eff. August 30, 1980; Repealed Eff. April 1, 1983; Transferred from 15A NCAC 12G .0206 Eff. April 1, 2017.

SECTION .0300 - ADMINISTRATIVE POLICY 07 NCAC 13G .0301 USE OF STATE TRAILS The secretary shall determine the appropriate uses permitted on a single trail within the system, based on user safety, user enjoyment, and protection of the environment. History Note: Authority G.S. 143B…

07 NCAC 13G .0302 UNIFORM TRAIL MARKERS History Note: Authority G.S. 113A-88; 113A-92; 113A-93; Eff. April 4, 1979; Amended Eff. April 1, 1983; Repealed Eff. August 1, 1988; Transferred from 15A NCAC 12G .0302 Eff. April 1, 2017.

07 NCAC 13H .0103 DEFINITIONS AS USED IN THIS SUBCHAPTER In addition to the definitions in G.S. 143B-135.254, the following terms shall apply to this Subchapter: (1) "Natural diversity" means the native plant and animal species, geological features, plant communities, ecosystem t…

07 NCAC 13H .0104 RESPONSIBILITIES AND DUTIES OF NATURAL HERITAGE PROGRAM History Note: Authority G.S. 113-3; 113-8; 113A-164.4; Eff. April 4, 1979; Amended Eff. January 1, 1986; October 1, 1984; August 30, 1980; Repealed Eff. March 1, 2017; Transferred from 15A NCAC 12H .0104 Ef…

07 NCAC 13H .0105 NATURAL HERITAGE ADVISORY COMMITTEE (a) The Natural Heritage Advisory Committee shall be composed of nine members appointed by the Secretary, in accordance with G.S. 143B-135.256(6). (b) The Natural Heritage Advisory Committee shall: (1) advise and make recommen…

section .0200 – REGISTRY OF NATURAL HERITAGE AREAS 07 NCAC 13H .0201 OBJECTIVES OF REGISTRY History Note: Authority G.S. 143B-135.254; 143B-135.256; 143-135.258; Eff. April 4, 1979; Repealed Eff. March 1, 2017; Transferred from 15A NCAC 12H .0201 Eff. April 1, 2017.

07 NCAC 13H .0202 CRITERIA FOR ELIGIBILITY (a) For an area to qualify as a Natural Heritage Area and be eligible for registration or dedication, the Natural Heritage Program staff shall determine that the area possesses one or more of the following natural values: (1) a habitat f…

07 NCAC 13H .0203 REGISTRATION PROCESS (a) Nomination. (1) Nominations for the Registry of Natural Heritage Areas may be made by the Natural Heritage Program staff, by other public agencies, by members of the Natural Heritage Advisory Committee, or by any other resident or proper…

07 NCAC 13H .0204 REGISTRATION History Note: Authority G.S. 113-3; 113-8; 113A-164.4; 113A-164.5; Eff. April 4, 1979; Amended Eff. January 1, 1986; Repealed Eff. March 1, 2017; Transferred from 15A NCAC 12H .0204 Eff. April 1, 2017.

07 NCAC 13H .0205 RESCISSION (a) The registration agreement may be terminated at any time upon notification by either party. Such termination shall remove the area from the Registry. (b) Any person may submit a written request to the Department to remove an area from the Registry…

07 NCAC 13H .0206 PUBLIC ACCESS Registration of a natural area shall not create a right of public access to the registered area. Any person visiting a registered area shall first obtain the permission of the owner or managing agency before entering the property. The landowner or …

07 NCAC 13H .0207 MANAGEMENT OF REGISTERED NATURAL AREAS History Note: Authority G.S. 143B-135.256; 143B-135.258; Eff. April 4, 1979; Repealed Eff. March 1, 2017; Transferred from 15A NCAC 12H .0207 Eff. April 1, 2017.

07 NCAC 13H .0208 DESIGNATION OF NATURAL AREAS ON STATE LANDS History Note: Authority G.S. 143B-135.258; 143B-135.264; Eff. March 1, 1983; Amended Eff. October 1, 1984; Repealed Eff. March 1, 2017; Transferred from 15A NCAC 12H .0208 Eff. April 1, 2017.

section .0300 – dedication of nature preserves 07 NCAC 13H .0301 OBJECTIVES OF DEDICATION The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as "outstanding natural areas," based on the criteria of eligibility as set forth in Rule …

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 se…

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…

07 NCAC 13H .0304 BUFFER AREAS (a) For the purpose of protecting a nature preserve, adjoining land that is not otherwise suitable for dedication as a nature preserve may be dedicated as a buffer area in the same manner as a nature preserve under this Section. A buffer area, where…

07 NCAC 13H .0305 PUBLIC TRUST (a) Members of the public may bring notice to the Secretary or his or her agents of suspected violations of terms of dedications. Notice shall be made by U.S. Mail to 4601 Mail Service Center, Raleigh, North Carolina 27699. The Natural Heritage Prog…

07 NCAC 13H .0306 AMENDMENTS (a) Amendments that remove some portion of the existing Articles of Dedication shall not be approved until after a public hearing in the county or counties where the dedicated preserve lies. The State shall provide not less than 30 days notice of the …

07 NCAC 13H .0307 EXTINGUISHMENT BY THE STATE (a) Articles of Dedication may be extinguished by amendment and the dedication abandoned if: (1) the Secretary finds that qualifying features of the land have been destroyed or damaged; (2) the Secretary finds that the public purposes…

07 NCAC 13H .0308 MUTUAL TERMINATION Articles of Dedication shall terminate only under the following circumstances: (1) in accordance with the terms of the Articles of Dedication itself; (2) in accordance with the nature and duration of the underlying legal interest in the proper…

section .0400 – MANAGEMENT; USE; AND PROTECTION OF DEDICATED NATURE PRESERVES 07 NCAC 13H .0401 MANAGEMENT PLAN (a) A management plan shall be prepared for each dedicated nature preserve. The Articles of Dedication shall assign responsibility for the preparation of the management…

07 NCAC 13H .0402 MANAGEMENT PRINCIPLES The following management principles shall apply to all dedicated preserves, unless exceptions are expressly provided in the Articles of Dedication: (1) the natural character of the property shall be maintained; (2) improvements, including b…

07 NCAC 13H .0403 MANAGEMENT RULES FOR PRESERVES Additional management principles consistent with the general management principles for dedicated preserves, as set forth in Rule .0402 of this Section, may be adopted through an amendment to the Articles of Dedication by the owner …

07 NCAC 13H .0404 NATURAL HERITAGE PROGRAM FEES; INVENTORY DATA, ENVIRONMENTAL SERVICES, AND DATA (a) Individuals may obtain access to Natural Heritage Program (NHP) data by purchasing a subscription at https://ncnhde.natureserve.org/ as set forth in Paragraph (b) of this Rule. (…

SUBCHAPTER 13I - NATURAL AREAS SECTION .0100 - GENERAL PROVISIONS 07 NCAC 13I .0101 PURPOSE History Note: Authority G.S. 113-3; 113-8; 143B-10; 143B-135.16; Eff. August 15, 1981; Amended Eff. October 1, 1984; Transferred from 15A NCAC 12I .0101 Eff. April 1, 2017; Expired Eff. Ju…

07 NCAC 13I .0102 DEFINITIONS Whenever used in this Subchapter: "Natural area" means an area within the state parks and recreation system where natural processes are allowed to predominate and which is preserved for the primary purposes of resource conservation, environmental edu…

SECTION .0200 - SELECTION CRITERIA 07 NCAC 13I .0201 NATURAL FEATURES Natural features are of primary importance and shall receive first consideration in establishing natural areas within the state parks and recreation system. These features include, but are not limited to: (1) f…

07 NCAC 13I .0202 SITE EVALUATION In assessing natural features, each site shall be evaluated with respect to: (1) presence of natural features, not adequately represented in other protected natural areas; (2) diversity of native flora and fauna; (3) quality and condition of natu…

07 NCAC 13I .0203 SIGNIFICANCE (a) Natural areas selected to be brought into the state parks and recreation system by purchase or gift shall be those which possess natural features of statewide significance. Only areas of high natural or scenic quality or exceptional scientific a…

07 NCAC 13I .0204 SIZE AND BUFFER Sites selected as natural areas shall be large enough to insure adequate buffer protection of the included natural features from external disturbances and encroachments. History Note: Authority G.S. 113-3; 113-8; 143B-10; 143B-135.16; Eff. August…

07 NCAC 13I .0205 CONDITIONS INCONSISTENT WITH PRESERVATION Purchase or acceptance as a gift of property for establishment of a natural area in the state parks and recreation system shall involve no commitments, privileges, or conditions inconsistent with conservation and mainten…

SECTION .0300 - NATURAL AREA CLASSIFICATION AND USE 07 NCAC 13I .0301 SCIENTIFIC AREAS Natural areas shall be placed in the scientific area category where appropriate and necessary to ensure special protection for scientific and educational purposes. The scientific classification…

07 NCAC 13I .0302 INTERPRETIVE AREAS Those areas which portray natural processes and features in an exemplary way, and which are not subject to serious impairment if opened to public visitation for nature study and interpretive use, shall be designated as interpretive areas. Use …

07 NCAC 13I .0303 CONSERVATION AREAS Natural areas not otherwise identified as scientific areas or interpretive areas shall be classified as conservation areas. Conservation areas shall remain in their natural and undeveloped state but, where appropriate, may accommodate primitiv…

SUBCHAPTER 13K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT SECTION .0100 - GENERAL PROVISIONS 07 NCAC 13K .0101 PURPOSE History Note: Authority G.S. 143B-135.66; Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becom…

07 NCAC 13k .0102 ELIGIBLE APPLICATIONS All county governments and incorporated municipalities of the State are eligible to submit applications. Public authorities, as defined by G.S. 159-7, are eligible applicants if they are authorized to acquire land or develop facilities for …

07 NCAC 13k .0103 FUNDING CYCLE Annual funding schedule dates shall be the following: (1) An announcement letter setting the application deadline and how to apply shall be mailed to all eligible applicants, as described in Rule .0102 of this Section, by November 1. This informati…

07 NCAC 13K .0104 APPLICATION SCHEDULE History Note: Authority G.S. 113-44.15; Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff. April 1, 1995; Repealed Eff. August 1, 1998; Transferred from…

07 NCAC 13k .0105 EVALUATIONS OF APPLICATIONS (a) In order for an application to be considered complete, an application shall include: (1) Applicant's basic facts, such as applicant name and contact information; (2) Description and justification for the project; (3) Project costs…

07 NCAC 13k .0106 GRANT AGREEMENT (a) Upon Authority approval, a written agreement shall be executed between the grant recipient(s) and the Department. (b) The agreement shall define the Department's and grant recipient's responsibilities and obligations, the project period, proj…

07 NCAC 13k .0107 matching requirements (a) The donor of any land must be an individual or private organization. (b) If a landowner sells land to the applicant for less than the appraised value, the amount of the donation shall be the difference between the appraised value and th…

07 NCAC 13k .0108 ELIGIBLE PROJECTS AND COSTS (a) PARTF grants shall be awarded to grantees for projects that are for the sole purpose of providing local park and recreation opportunities to the public. Grantees may receive funds for the following types of projects: (1) Acquisiti…

07 NCAC 13k .0109 SITE CONTROL AND Restriction (a) Land acquired with PARTF assistance shall be restricted in perpetuity for local park and recreation purposes for the use and benefit of the general public. The restriction shall be recorded in the public property records by the g…