reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-985 - Provision for appeal by corporations to Governor.

§ 106-985. Provision for appeal by corporations to Governor.
If any corporation organized under this Article is dissatisfied with or aggrieved at any rule or order imposed upon it by the Commissioner, or any valuation or appraisal of any of its property made by the Commissioner, or any failure of or refusal by the Commissioner to approve of or consent to any action which it can take only with such approval or consent, it may appeal to the Governor by filing with him a claim of appeal upon which the decision of the Governor shall be final. Such determination, if other than a dismissal of the appeal, shall be set forth by the Governor in a written mandate to the Commissioner, who shall abide thereby and take such actions as the same may direct. (1933, c. 178, s. 6; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 85; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-986 - Limitations as to dividends.

§ 106-986. Limitations as to dividends.
The shares of stock of corporations organized under this Article shall have a par value and, except as provided in G.S. 106-988 in respect to distributions in kind upon dissolution, no dividend shall be paid thereon at a rate in excess of six per centum (6%) per annum on stock having a preference as to dividends, or eight per centum (8%) per annum on stock not having a preference as to dividends, except that any such dividends may be cumulative without interest. (1933, c. 178, s. 7; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-987 - Issuance of securities restricted.

§ 106-987. Issuance of securities restricted.
No such corporation shall issue stock, bonds or other securities except for money, timberlands, or interests therein, located in the State of North Carolina or other property, actually received, or services rendered, for its use and its lawful purposes. Timberlands, or interests therein, and other property or services so accepted therefor, shall be upon a valuation approved by the Commissioner. (1933, c. 178, s. 8; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 86; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-988 - Limitation on bounties to stockholders.

§ 106-988. Limitation on bounties to stockholders.
Stockholders shall at no time receive or accept from any such corporation in repayment of their investment in its stock any sums in excess of the par value of the stock together with cumulative dividends at the rate set forth in G.S. 106-986 except that nothing in this section contained shall be construed to prohibit the distribution of the assets of such corporation in kind to its stockholders upon dissolution thereof. (1933, c. 178, s. 9; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-989 - Earnings above dividend requirements payable to State.

§ 106-989. Earnings above dividend requirements payable to State.
Any earnings of such corporation in excess of the amounts necessary to pay dividends to stockholders at the rate set forth in G.S. 106-986 shall be paid over to the State of North Carolina prior to the dissolution of such corporation. Net income or net losses (determined in such manner as the Commissioner shall consider properly to show such income or losses) from the sale of the capital assets of such corporation, whether such sale be upon dissolution or otherwise, shall be considered in determining the earnings of such corporation for the purposes of this section. In determining such earnings unrealized appreciation or depreciation of real estate or other fixed assets shall not be considered. (1933, c. 178, s. 10; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 87; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-990 - Dissolution of corporation.

§ 106-990. Dissolution of corporation.
Any such corporation may be dissolved at any time in the manner provided by and under the provisions of the general corporation laws of the State of North Carolina, except that the court shall dismiss any petition for dissolution of any such corporation filed within 20 years of the date of its organization unless the same is accompanied by a certificate of the Commissioner consenting to such dissolution. (1933, c. 178, s. 11; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 88; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-991 - Cutting and sale of timber.

§ 106-991. Cutting and sale of timber.
Any such corporation may cut and sell the timber on its land or permit the cutting thereof, but all such cuttings shall be in accordance with the rules, restrictions and limitations imposed by the Commissioner, who shall impose such rules, restrictions and limitations with respect thereto as may reasonably conform to the accepted custom and usage of good forestry and forest economy, taking into consideration the situation, nature and condition of the tract so cut or to be cut, and the financial needs of such corporation from time to time. (1933, c. 178, s. 12; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 89; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-992 - Corporation may not sell or convey without consent of Commissioner, or pay higher interest rate than 6%.

§ 106-992. Corporation may not sell or convey without consent of Commissioner, or pay higher interest rate than 6%.
No such corporation shall do any of the following:
(1) Sell, assign or convey any real property owned by it or any right, title or interest therein, except upon notice to the Commissioner of the terms of such sale, transfer or assignment, and unless the Commissioner shall consent thereto, and if the Commissioner shall require it, unless the purchaser thereof shall agree that such real estate shall remain subject to the rules and supervision of the Commissioner for such period as the latter may require.
(2) Pay interest returns on its mortgage indebtedness at a higher rate than six per centum (6%) per annum without the consent of the Commissioner.
(3) Mortgage any real property without first having obtained the consent of the Commissioner. (1933, c. 178, s. 13; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 90; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-993 - Power to borrow money limited.

§ 106-993. Power to borrow money limited.
Any such corporation formed under this Article may, subject to the approval of the Commissioner, borrow funds and secure their payment thereof by note or notes and mortgage or by the issue of bonds under a trust indenture. The notes or bonds so issued and secured and the mortgage or trust indenture relating thereto may contain such clauses and provisions as shall be approved by the Commissioner, including the right to enter into possession in case of default; but the operations of the mortgagee or receiver entering in such event or of the purchaser of the property upon foreclosure shall be subject to the rules of the Commissioner for such period as the mortgage or trust indenture may specify. (1933, c. 178, s. 14; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 91; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-994 - Commissioner to approve development of forests.

§ 106-994. Commissioner to approve development of forests.
No project for the protection and development of forests proposed by any such corporation shall be undertaken without the approval of the Commissioner, and such approval shall not be given unless:
(1) The Commissioner shall have received a statement duly executed and acknowledged on behalf of the corporation proposing such project, in such adequate detail as the Commissioner shall require of the activities to be included in the project, such statement to set forth the proposals as to
a. Fire prevention and protection,
b. Protection against insects and tree diseases,
c. Protection against damage by livestock and game,
d. Means, methods and rate of, and restrictions upon, cutting and other utilization of the forests, and
e. Planting and spacing of trees.
(2) There shall be submitted to the Commissioner a financial plan satisfactory to him setting forth in detail the amount of money needed to carry out the entire project, and how such sums are to be allocated, with adequate assurances to the Commissioner as to where such funds are to be secured.
(3) The Commissioner shall be satisfied that the project gives reasonable assurance of the operation of the forests involved on a sustained-yield basis except insofar as the Commissioner shall consider the same impracticable.
(4) The corporation proposing such project shall agree that the project shall at all times be subject to the supervision and inspection of the Commissioner, and that it will at all times comply with such rules concerning the project as the Commissioner shall from time to time impose. (1933, c. 178, s. 15; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 92; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-995 - Application of corporate income.

§ 106-995. Application of corporate income.
The gross annual income of any such corporation, whether received from sales of timber, timber operations, stumpage permits or other sources, shall be applied as follows: first, to the payment of all fixed charges, and all operating and maintenance charges and expenses including taxes, assessments, insurance, amortization charges in amounts approved by the Commissioner to amortize mortgage or other indebtedness and reserves essential to operation; second, to surplus, and/or to the payment of dividends not exceeding the maximum fixed by this Article; third, the balance, if any, in reduction of debts. (1933, c. 178, s. 16; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 93; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 81 - Corporations for Protection and Development of Forests. › § 106-996 - Reorganization of corporations.

§ 106-996. Reorganization of corporations.
Reorganization of corporations organized under this Article shall be subject to the supervision of the Commissioner and no such reorganization shall be had without the authorization of the Commissioner. (1933, c. 178, s. 17; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 94; 2011-145, s. 13.25(cc), (dd).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 82 - Forestry Services and Advice for Owners and Operators of Forestland. › § 106-1001 - Authority to render scientific forestry services.

§ 106-1001. Authority to render scientific forestry services.
(a) In this Article, unless the context requires otherwise:
(1) "Commissioner" means the Commissioner of Agriculture.
(2) "Department" means the Department of Agriculture and Consumer Services.
(b) The Department is hereby authorized to designate, upon request, forest trees of forest landowners and forest operators for sale or removal, by blazing or otherwise, and to measure or estimate the volume of same under the terms and conditions hereinafter provided. The Department is also authorized to cooperate with landowners of the State and with counties, municipalities and State agencies by making available forestry services consisting of specialized equipment and operators, or by renting such equipment, and to perform such labor and services as may be necessary to carry out approved forestry practices, including site preparation, forest planting, prescribed burning, and other appropriate forestry practices. For such services or rentals, a reasonable fee representing the Commissioner's estimate of not less than the costs of such services or rentals shall be charged, provided however, when the Commissioner deems it in the public interest, said services may be provided without charge, for the purpose of encouraging the use of approved scientific forestry practice on the private or other forestlands within the State, or for the purpose of providing practical demonstrations of said practices. Receipts from these activities and rentals shall be credited to the budget of the Department for the furtherance of these activities. (1947, c. 384, s. 1; 1969, c. 342, s. 3; c. 344; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 95; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(ee), (ff).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 82 - Forestry Services and Advice for Owners and Operators of Forestland. › § 106-1002 - Services under direction of Commissioner; compensation; when services without charge.

§ 106-1002. Services under direction of Commissioner; compensation; when services without charge.
(a) The administration of the provisions of this Article shall be under the direction of the Commissioner. The Commissioner, or his authorized agent, upon receipt of a request from a forest landowner or operator for technical forestry assistance or service, may designate forest trees for removal for lumber, veneer, poles, piling, pulpwood, cordwood, ties, or other forest products by blazing, spotting with paint or otherwise designating in an approved manner; he may measure or estimate the commercial volume contained in the trees designated; he may furnish the landowner or operator with a statement of the volume of the trees so designated and estimated; he may assist in finding a suitable market for the products so designated, and he may offer general forestry advice concerning the management of the forest.
(b) For such designating, measuring or estimating services the Commissioner may make a charge, on behalf of the Department, in an amount not to exceed five percent (5%) of the sale price or fair market value of the stumpage so designated and measured or estimated. Upon receipt from the Commissioner of a statement of such charges, the landowner or operator or his agent shall make payment to the Commissioner within 30 days.
(c) In those cases where the Commissioner deems it desirable to so designate and measure or estimate trees without charge, such services shall be given for the purpose of encouraging the use of approved scientific forestry principles on the private or other forestlands within the State, and to establish practical demonstrations of said principles. (1947, c. 384, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 96; 2011-145, s. 13.25(ee), (ff).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 82 - Forestry Services and Advice for Owners and Operators of Forestland. › § 106-1003 - Forestry Services and Advice Fund.

§ 106-1003. Forestry Services and Advice Fund.
(a) The Forestry Services and Advice Fund is established as a special fund within the Department of Agriculture and Consumer Services, North Carolina Forest Service. All moneys paid to the Commissioner for services rendered under the provisions of this Article shall be deposited into the Fund. The Fund may also consist of any gifts, bequests, or grants for the benefit of this Fund. No General Fund appropriations shall be credited to this Fund.
(b) The Department shall use the Fund to develop, improve, repair, maintain, operate, and otherwise invest in providing forestry services and advice to owners and operators of forestland as authorized by this Article. (1947, c. 384, s. 3; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 97; 2011-145, s. 13.25(ee); 2018-113, s. 5(d); 2023-63, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 82 - Forestry Services and Advice for Owners and Operators of Forestland. › § 106-1004 - Fees for forest management plans.

§ 106-1004. Fees for forest management plans.
The Board of Agriculture shall establish a schedule of fees for the preparation of forest management plans developed pursuant to this Chapter. The fees established by the Board shall not exceed the amount necessary to offset the costs of the Department of Agriculture and Consumer Services to prepare forest management plans. (2014-100, s. 13.13(a); 2014-120, s. 58; 2016-113, s. 7(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1011 - Statement of purpose.

§ 106-1011. Statement of purpose.
(a) The General Assembly finds that:
(1) It is in the public interest of the State to encourage the development of the State's forest resources and the protection and improvement of the forest environment.
(2) Unfavorable environmental impacts, particularly the rapid loss of forest land to urban development, are occurring as a result of population growth. It is in the State's interest that corrective action be developed now to offset forest land losses in the future.
(3) Regeneration of potentially productive forest land is a high-priority problem requiring prompt attention and action. Private forest land will become more important to meet the needs of the State's population.
(4) Growing demands on forests and related land resources cannot be met by intensive management of public and industrial forest lands alone.
(b) The purpose of this Article is to direct the Commissioner of Agriculture to implement a forest development program to:
(1) Provide financial assistance to eligible landowners to increase the productivity of the privately owned forests of the State through the application of forest renewal practices and other practices that improve tree growth and overall forest health.
(2) Insure that forest operations in the State are conducted in a manner designed to protect the soil, air, and water resources, including but not limited to streams, lakes and estuaries through actions of landowners on lands for which assistance is sought under provisions in this Article.
(3) Implement a program of voluntary landowner participation through the use of a forest development fund to meet the above goals.
(c) It is the intent of the General Assembly that in implementing the program under this Article, the Commissioner will cause it to be coordinated with other related programs in such a manner as to encourage the utilization of private agencies, firms and individuals furnishing services and materials needed in the application of practices included in the forest development program. (1977, c. 562, s. 2; c. 771, s. 4; 1989, c. 727, s. 218(73); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2005-126, s. 1; 2011-145, s. 13.25(gg), (hh).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1012 - Definitions.

§ 106-1012. Definitions.
As used in this Article:
(1) "Approved forest management plan" means the forest management plan submitted by the eligible landowner and approved by the Commissioner. Such plan shall include forest management practices to insure both maximum forest productivity and environmental protection of the lands to be treated under the management plan.
(2) "Approved practices" mean those silvicultural practices approved by the Commissioner for the purpose of commercially growing timber through the establishment of forest stands, of insuring the proper regeneration of forest stands to commercial production levels following the harvest of mature timber, or of insuring maximum growth potential of forest stands to commercial production levels. Such practices shall include those required to accomplish site preparation, natural and artificial forestation, noncommercial removal of residual stands for silvicultural purposes, cultivation of established young growth of desirable trees for silvicultural purposes, and improvement of immature forest stands for silvicultural purposes. In each case, approved practices will be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to insure both maximum forest productivity and environmental protection.
(3) "Commissioner" means the Commissioner of Agriculture.
(4) "Department" means the Department of Agriculture and Consumer Services.
(5) "Eligible land" means land owned by an eligible landowner.
(6) "Eligible landowner" means a private individual, group, association or corporation owning land suitable for forestry purposes. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purpose of this Article, as one eligible landowner and entitled to receive cost-sharing payments as provided herein only once during each fiscal year.
(7) "Forest development assessment" means an assessment on primary forest products from timber severed in North Carolina for the funding of the provisions of this Article, as authorized by the General Assembly.
(8) "Forest development cost-sharing payment" means financial assistance to partially cover the costs of implementing approved practices in such amounts as the Commissioner shall determine, subject to the limitations of this Article.
(9) "Forest development fund" means the Forest Development Fund created by G.S. 106-1018.
(10) "Maintain" means to retain the reforested area as forestland for a 10-year period and to comply with the provisions in the approved forest management plan. (1977, c. 562, s. 3; c. 771, s. 4; 1989, c. 727, s. 218(74); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-352, s. 1; 1997-443, s. 11A.119(a); 2005-126, s. 2; 2011-145, s. 13.25(gg), (hh); 2018-113, s. 5(e).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1013 - Powers and duties.

§ 106-1013. Powers and duties.
(a) The Commissioner shall have the powers and duties to administer the provisions of this Article.
(b) The Department shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Forest Development Fund.
(c) Subject to the limitations set forth in G.S. 106-1018(d), the Commissioner is authorized to employ administrative, clerical and field personnel to support the program created by this Article and to compensate such employees from the Forest Development Fund for services rendered in direct support of the program.
(d) The Commissioner is authorized to purchase equipment for the implementation of this program from the Forest Development Fund subject to the limitations of G.S. 106-1018(e). All equipment purchased with these funds will be assigned to and used only for the forest development program, except for emergency use in forest fire suppression and other activities relating to the protection of life or property. The Forest Development Fund will be reimbursed from other program funds for equipment costs incurred during such emergency use. (1977, c. 562, s. 4; 2011-145, s. 13.25(gg), (hh).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1014 - Administration of cost sharing.

§ 106-1014. Administration of cost sharing.
The Commissioner shall have authority to administer the cost sharing provisions of this Article, including but not limited to the following:
(1) Prescribe the manner and requirements of making application for cost sharing funds.
(2) Identify those approved forestry practices as defined in G.S. 106-1012(2) which shall be approved for cost sharing under the provisions of this Article.
(3) Review periodically the cost of forest development practices and establish allowable ranges for cost sharing purposes for approved practices under varying conditions throughout the State.
(4) Determine, prior to approving forest development cost sharing payments to any landowner, that all proposed practices are appropriate and are comparable in cost to the prevailing cost of those practices in the general area in which the land is located. Should the Commissioner determine that the submitted cost of any practice is excessive, he shall approve forest development cost sharing payments based upon an allowable cost established under G.S. 106-1014(3).
(5) Determine, prior to approving forest development cost sharing payments, that an approved forest management plan as defined in G.S. 106-1012(1) for the eligible land has been filed with the Commissioner and that the landowner has indicated in writing his intent to comply with the terms of such management plan.
(6) Determine, prior to approving forest development cost sharing payments, that the approved practices for which payment is requested have been completed in a satisfactory manner, conform to the approved forest management plan submitted under G.S. 106-1014(5), and otherwise meet the requirements of this Article.
(7) Disburse from the Forest Development Fund to eligible landowners cost sharing payments for satisfactory completion of practices provided for by this Article and the Commissioner shall, insofar as is practicable, disburse the funds from the State's appropriation on a matching basis with the funds generated by the Primary Forest Product Assessment. (1977, c. 562, s. 5; 2011-145, s. 13.25(gg), (hh).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1015 - Cost-share agreements.

§ 106-1015. Cost-share agreements.
(a) In order to receive forest development cost-share payments, an eligible landowner shall enter into a written agreement with the Department describing the eligible land, setting forth the approved practices implemented for the area and covered by the approved forest management plan, and agreeing to maintain those practices for a 10-year period.
(b) In the absence of Vis major or Act of God or other factors beyond the landowner's control, a landowner who fails to maintain the practice or practices for a 10-year period in accordance with the agreement set forth in subsection (a) of this section shall repay to the Fund all cost-sharing funds received for that area.
(c) If the landowner voluntarily relinquishes control or title to the land on which the approved practices have been established, the landowner shall:
(1) Obtain a written statement, or a form approved by the Department, from the new owner or transferee in which the new owner or transferee agrees to maintain the approved practices for the remainder of the 10-year period; or
(2) Repay to the Fund all cost-sharing funds received for implementing the approved practices on the land.
If a written statement is obtained from the new owner or transferee, the original landowner will no longer be responsible for maintaining the approved practices or repaying the cost-sharing funds. The responsibility for maintaining those practices for the remainder of the 10 years shall devolve to the new owner or transferee. (1997-352, s. 2; 2011-145, s. 13.25(gg).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1016 - Limitation of payments.

§ 106-1016. Limitation of payments.
(a) An eligible landowner may receive forest development cost sharing payments for satisfactory completion of approved practices as determined by the Commissioner, except that the Commissioner shall approve no assistance in an amount exceeding the lesser of (i) a sum equal to sixty percent (60%) of the landowner's actual per acre cost incurred in implementing the approved practice or (ii) a sum equal to sixty percent (60%) of the prevailing per acre cost as determined by the Commissioner under G.S. 106-1014(3) for implementing that approved practice.
(b) The maximum amount of forest development cost sharing funds allowed to any landowner in one fiscal year will be the amount required to complete all approved practices on 100 acres of land at the prevailing cost sharing rate established under G.S. 106-1016(a).
(c) Eligible landowners may not use State cost sharing funds if funds from any federal cost sharing program are used on the same acreage for forestry practices during the same fiscal year. (1977, c. 562, s. 6; 2011-145, s. 13.25(gg), (hh).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1017 - Participation by government political subdivisions.

§ 106-1017. Participation by government political subdivisions.
No governmental agency, federal, State or local, will be eligible for forest development payments under the provision of this Article. (1977, c. 562, s. 7; 2011-145, s. 13.25(gg).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 83 - Forest Development Act. › § 106-1018 - Forest Development Fund.

§ 106-1018. Forest Development Fund.
(a) The Forest Development Fund is created in the Department as a special fund. Revenue in the Fund does not revert at the end of a fiscal year, and interest and other investment income earned by the Fund accrues to it. The Fund is created to provide revenue to implement this Article. The Fund consists of the following revenue:
(1) Assessments on primary forest products collected under Article 84 of this Chapter.
(2) General Fund appropriations.
(3) Gifts and grants made to the Fund.
(b), (c) Repealed by Session Laws 1997-352, s. 3.
(d) In any fiscal year, no more than five percent (5%) of the available funds generated by the Primary Forest Product Assessment Act may be used for program support under G.S. 106-1013(c).
(e) Funds used for the purchase of equipment under G.S. 106-1013(d) shall be limited to appropriations from the General Fund to the Forest Development Fund designated specifically for equipment purchase. (1977, c. 562, s. 8; c. 771, s. 4; 1981, c. 1127, s. 45; 1989, c. 727, s. 218(75); 1997-352, s. 3; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(gg), (hh); 2019-177, s. 5.2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1026 - Statement of purpose.

§ 106-1026. Statement of purpose.
(a) The purpose of this Article is to create an assessment on primary forest products processed from North Carolina timber to provide a source of funds to finance the forestry operations provided for in Article 83 of this Chapter.
(b) All assessments levied under the provisions of this Article shall be used only for the purposes specified in G.S. 106-1029(c) and in Article 83 of this Chapter. (1977, c. 573, s. 2; 2011-145, s. 13.25(ii), (jj); 2019-177, s. 5.2(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1027 - Definitions.

§ 106-1027. Definitions.
The following words, terms and phrases hereinafter used for the purpose of this Article are defined as follows:
(1) "Primary forest product" shall include those products of the tree after it is severed from the stump and cut to its first roundwood product for further conversion. These products include but are not limited to whole trees for chipping, whole tree logs, sawlogs, pulpwood, veneer bolts, and posts, poles and piling.
(2) "Processor" shall mean the individual, group, association, or corporation that procures primary forest products at their initial point of concentration for conversion to secondary products or for shipment to others for such conversion.
(3) "Forest Development Fund" shall mean the special fund established by G.S. 106-1018.
(4) For the purpose of this Article, the following are not considered "primary forest products":
a. Christmas trees and associated greens;
b. Material harvested from an individual's own land and used on said land for the construction of fences, buildings or other personal use developments;
c. Fuel wood harvested for personal use or use in individual homes. (1977, c. 573, s. 3; 2011-145, s. 13.25(ii), (jj).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1028 - Operation of assessment system.

§ 106-1028. Operation of assessment system.
(a) The General Assembly hereby levies an assessment on all primary forest products harvested from lands within the State of North Carolina.
(b) This assessment shall be at the rates as established in G.S. 106-1030(b) and the proceeds of such assessment shall be deposited in the Forest Development Fund. (1977, c. 573, s. 4; 2009-451, s. 13.9; 2011-145, s. 13.25(ii), (jj).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1029 - Duties.

§ 106-1029. Duties.
(a) The Secretary, Department of Revenue, shall:
(1) Develop the necessary administrative procedures to collect the assessment;
(2) Collect the assessment from the primary forest product processors;
(3) Deposit funds collected from the assessment in the Forest Development Fund;
(4) Audit the records of processors to determine compliance with the provisions of this Article.
(b) The Commissioner of Agriculture shall:
(1) Provide to the Secretary, Department of Revenue, lists of processors subject to the assessment;
(2) Advise the Secretary, Department of Revenue, of the appropriate methods to convert measurements of primary forest products by other systems to those authorized in this Article;
(3) Establish in November prior to those sessions in which the General Assembly considers the State budget, the estimated total assessment that will be collectible in the next budget period and so inform the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.
(4) Within 30 days of certification of the State budget, notify the Secretary, Department of Revenue, of the need to collect the assessment for those years covered by the approved budget.
(5) By January 15 of each odd-numbered year, report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on the number of acres reforested, type of owners assisted, geographic distribution of funds, the amount of funds encumbered, and other matters. The report shall include the information by forestry district and statewide and shall be for the two fiscal years prior to the date of the report.
(c) The Secretary of Revenue shall be reimbursed for those actual expenditures incurred as a cost of collecting the assessment for the Forest Development Fund. This amount shall be transferred from the Forest Development Fund in equal increments at the end of each quarter of the fiscal year to the Department of Revenue. This amount shall not exceed five percent (5%) of the total assessments collected on primary forest products during the preceding fiscal year. (1977, c. 573, s. 5; c. 771, s. 4; 1983, c. 761, s. 120; 1985, c. 526; 1989, c. 727, s. 218(76); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2006-203, s. 29; 2011-145, s. 13.25(ii), (jj); 2020-78, s. 5.1(h).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1030 - Assessment rates.

§ 106-1030. Assessment rates.
(a) The assessment rates shall be based on the following standards:
(1) For primary forest products customarily measured in board feet, the "International 1/4 Inch Log Rule" or equivalent will be used;
(2) For primary forest products customarily measured in cords, the standard cord of 128 cubic feet or equivalent will be used;
(3) For any other type of forest product separated from the soil, the Commissioner of Agriculture shall determine a fair unit assessment rate, based on the cubic foot volume of one thousand foot board measure, International 1/4 Inch Log Rule or one standard cord, 128 cubic feet.
(b) The assessment levied on primary forest products shall be at the following rates:
(1) Fifty cents (50¢) per thousand board feet for softwood sawtimber, veneer logs and bolts, and all other softwood products normally measured in board feet;
(2) Forty cents (40¢) per thousand board feet for hardwood and bald cypress sawtimber, veneer, and all other hardwood and bald cypress products normally measured in board feet;
(3) Twenty cents (20¢) per cord for softwood pulpwood and other softwood products normally measured in cords;
(4) Twelve cents (12¢) per cord for hardwood pulpwood and other hardwood and bald cypress products normally measured in cords;
(5) All material harvested within North Carolina for shipment outside the State for primary processing will be assessed at a percentage of the invoice value. This percentage will be established to yield rates equal to those if the material were processed within the State. (1977, c. 573, s. 6; c. 771, s. 4; 1989, c. 727, s. 218(77); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2011-145, s. 13.25(ii), (jj).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1031 - Collection of assessment.

§ 106-1031. Collection of assessment.
(a) The assessment shall be levied against the processor of the primary forest product.
(b) The assessment shall be submitted on a quarterly basis of the State's fiscal year due and payable the last day of the month following the end of each quarter.
(c) The assessment shall be remitted to the Secretary, Department of Revenue, by check or money order, with such production reports as may be required by said Secretary.
(d) The processor shall maintain for a period of three fiscal years and make available to the Secretary, Department of Revenue, such production records necessary to verify proper reporting and payment of revenue due the Forest Development Fund.
(e) The production reports of the various processors shall be used only for assessment purposes. Production information will not be made a part of the public record on an individual processor basis.
(f) Any official or employee of the State who discloses information obtained from a production report, except as may be necessary for administration and collection of the assessment, or in the performance of official duties, or in administration or judicial proceedings related to the levy or collection of the assessment, shall be guilty of a Class 3 misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00). (1977, c. 573, s. 7; 1987, c. 523; 1993, c. 539, s. 876; 1994, Ex. Sess., c. 24, s. 14(c); 2011-145, s. 13.25(ii).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 84 - Primary Forest Product Assessment Act. › § 106-1032 - Enforcement of collection.

§ 106-1032. Enforcement of collection.
The Secretary of Revenue shall enforce collection of the primary forest product assessment in accordance with the remedies and procedures contained in Article 9 of Chapter 105 of the General Statutes. (1977, c. 573, s. 8; 2011-145, s. 13.25(ii).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1041 - Statement of purpose and authorization.

§ 106-1041. Statement of purpose and authorization.
The North Carolina Department of Agriculture and Consumer Services is authorized to aid and assist agricultural operations and landowners in the preparedness for, response to, and recovery from agricultural emergencies. This authorization is given separate and apart from the authorities authorized by Chapter 166A of the General Statutes and shall not require declaration of a state of emergency pursuant to G.S. 166A-19.20 for its implementation. In the event of a state of emergency declaration and where this Article is inconsistent with the provisions of Chapter 166A of the General Statutes, the provisions of Chapter 166A of the General Statutes shall control as to the areas covered under the declaration. The Board of Agriculture may adopt rules necessary for the implementation and administration of this Article. (2016-113, s. 2(a); 2018-142, s. 12(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1042 - Definitions.

§ 106-1042. Definitions.
For purposes of this Article, the following definitions apply:
(1) "Agricultural emergency" means an emergency, as defined in G.S. 166A-19.3, that results in exposure of or damage to pre- or post-harvest of plants, livestock, feed, water resources, or infrastructure which adversely affects one or more members of the agricultural community and the economic viability of the agriculture industry within the State.
(2) "Agricultural Emergency Response Team" means employees of the North Carolina Department of Agriculture and Consumer Services who have been designated by the Commissioner to respond to agricultural emergencies, as authorized by G.S. 106-1043, and any personnel operating under agreement with the Department as a contracted service, including, but not limited to, private companies and units of local government.
(3) "Commissioner" means the Commissioner of Agriculture.
(4) "Department" means the North Carolina Department of Agriculture and Consumer Services. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1043 - Agricultural Emergency Response Teams authorized.

§ 106-1043. Agricultural Emergency Response Teams authorized.
When the Commissioner determines, in consultation with the Governor, that there is an imminent threat of an agricultural emergency or that an agricultural emergency exists within the State that threatens to cause damage to or has caused damage to agricultural lands, facilities, and operations, the Commissioner is authorized to deploy Agricultural Emergency Response Teams to aid in prevention measures and recovery efforts on the premises of agricultural landowners throughout the State, wherever located. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1044 - Immunity and liability.

§ 106-1044. Immunity and liability.
All functions authorized by this Article and all other activities relating to agricultural emergencies are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith, any Agricultural Emergency Response Team worker, firm, partnership, association, or corporation complying with or reasonably attempting to comply with this Article or any order, rule, or regulation promulgated pursuant to the provisions of this Article, shall be liable for the death of or injury to persons or for damage to property as a result of any such activity. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1045 - No private liability.

§ 106-1045. No private liability.
Any person, firm, or corporation, together with any successors in interest, if any, owning or controlling real or personal property who, voluntarily or involuntarily, knowingly or unknowingly, with or without compensation, grants a license or privilege or otherwise permits or allows the designation or use of the whole or any part or parts of such real or personal property for the purpose of activities or functions relating to agricultural emergency response as provided for in this Article or elsewhere in the General Statutes shall not be civilly liable for the death of or injury to any person or the loss of or damage to the property of any persons where such death, injury, loss, or damage resulted from, through, or because of the use of the said real or personal property for any of the above purposes, provided that the use of said property is subject to the order or control of or pursuant to a request under the authority of this Article. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1046 - Funding for agricultural emergency response.

§ 106-1046. Funding for agricultural emergency response.
In order to fully execute the authorities prescribed in this Article, the North Carolina Department of Agriculture may, at the discretion of the Commissioner, use any funds available to the Department which have been allocated by the General Assembly from the General Fund of the State, use of which is not otherwise restricted by law. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 85 - Agricultural Emergency Response Act. › § 106-1047 - Nondiscrimination in agricultural emergency response.

§ 106-1047. Nondiscrimination in agricultural emergency response.
State and local governmental bodies and other organizations and personnel who carry out functions under the provisions of this Article shall do so in an equitable and impartial manner. Such State and local governmental bodies, organizations, and personnel shall not discriminate on the grounds of race, color, religion, nationality, sex, age, or economic status in the relief and assistance activities. (2016-113, s. 2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 86 - Farmed Cervid Industry Promotion Act. › § 106-1056 - Definitions.

§ 106-1056. Definitions.
As used in this Article:
(1) "Association" means the North Carolina Deer and Elk Farmers Association.
(2) "Cervid farmer" means a person who (i) is a North Carolina resident and (ii) holds at least one cervid in captivity subject to a captivity license issued by the Department.
(3) "Department" means the Department of Agriculture and Consumer Services.
(4) "Farmed cervid" means any member of the Cervidae family that is held in captivity and produced, bought, or sold for commercial purposes.
(5) "Farmed cervid feed" means any commercial feed, as defined in G.S. 106-284.33, sold to a cervid farmer for farmed cervid use. (2016-113, s. 11; 2022-55, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 86 - Farmed Cervid Industry Promotion Act. › § 106-1057 - Referendum.

§ 106-1057. Referendum.
(a) The Association may conduct a referendum among cervid farmers upon the question of whether an assessment shall be levied consistent with this Article.
(b) The Association shall determine all of the following:
(1) The amount of the proposed assessment, not to exceed four dollars ($4.00) per ton of farmed cervid feed.
(2) The period for which the assessment shall be levied, not to exceed 10 years.
(3) The time and place of the referendum.
(4) Procedures for conducting the referendum and counting votes.
(5) Any other matters pertaining to the referendum.
(c) The amount of the proposed assessment and the method of collection shall be set forth on the ballot.
(d) All cervid farmers are eligible to vote in the referendum. The Association shall send press releases about the referendum to at least 10 daily and 10 weekly or biweekly newspapers having general circulation in a county in the State and to any trade journals deemed appropriate by the Association. Notice of the referendum also shall be posted in every place the Association identifies as selling farmed cervid feed. Any questions concerning eligibility to vote shall be resolved by the board of directors of the Association. (2016-113, s. 11.)