Compilation of Rules and Regulations of the State of Georgia › Department 305 - GEORGIA LAND CONSERVATION COUNCIL › Chapter 305-1 - PROGRAM DESCRIPTION AND RULES FOR GEORGIA LAND CONSERVATION COUNCIL & GEORGIA ENVIRONMENTAL FINANCE AUTHORITY › Rule 305-1-.07 - The Criteria for the Awarding of Funds

Current through Rules and Regulations filed through June 27, 2024
(1) The policy(ies) of the Program shall
			 identify the criteria by which all land conservation project applications shall
			 be reviewed by the Authority and the Department and approved by the Land
			 Conservation Council.
(O.C.G.A. Sec.
				  12-6A-5(e)).
(2) The Council shall use, at a
			 minimum, the following criteria in granting project approval:
(a) The project shall promote the permanent
			 protection of conservation land. Grant and Loan recipients shall cause the
			 following language to be included in any instruments of conveyance vesting in
			 the recipient a real property interest that is being acquired in whole or in
			 part with funding through this Program:
for fee simple acquisitions:
"This property shall be and is perpetually restricted, as
				indicated herein, so as to maintain certain conservation values which include
				natural habitats, forests, wildlife, scenic, agricultural and other ecological
				values which qualify the property as a scenic, natural and rural area that has
				not been subject to significant development and as a significant natural area
				that provides a "relatively natural habitat for fish, wildlife, plants, or
				similar ecosystems" as that phrase is used in Section 170(h)(4)(A)(ii) of the
				Internal Revenue Code. These restrictions are deemed to be covenants running in
				favor of or for the benefit of land and are being held for the use of the
				public. Therefore, pursuant to O.C.G.A. §
										44-5-60(c), these covenants shall run in perpetuity. The grantee shall seek to preserve any
				plants, animals, or plant communities of the property, including but not
				limited to species designated as protected by the Georgia Department of Natural
				Resources and the U.S. Fish and Wildlife Service."
and for conservation easements:
"This conservation easement shall be perpetual and shall be a
				covenant running with the land. If circumstances arise under which an amendment
				to or modification of this Conservation Easement would be appropriate, Grantor
				and Grantee, or their successor or assigns, may subject to the approval process
				discussed below, amend this Conservation Easement; provided that no amendment
				shall be made that will adversely affect the qualification of this Conservation
				Easement or the status of Grantee under any applicable laws, including Sections
				170(h) and 501(c) (3) of the Internal Revenue Code and the Georgia Uniform
				Conservation Easement Act, O.C.G.A. §
										44-10-1
et
				seq.
Any such amendment shall be consistent with the purposes of this
				Conservation Easement, shall not affect its perpetual duration, and shall
				result in equal or greater protection of the Conservation Values on the
				Protected Property. Nothing herein shall require Grantee to agree to any
				amendment, and Grantee shall obtain approval of the Georgia Land Conservation
				Council or its successor State of Georgia entity, for any amendments, which
				approval shall not be granted if, in the sole discretion of the State of
				Georgia, the proposed amendment affects the Conservation Values of the
				Property. In the event no successor State of Georgia entity exists, the contact
				agency will be the State Properties Commission or the State of Georgia entity
				then responsible for the accounting of state property."
or for fee simple acquisitions by nongovernmental entities
				pursuant toO.C.G.A. §
										12-6A-2(10)(e), the following language must be included as a Special Condition to the loan
				contract:
"This property shall not be disposed of except for conservation
				purposes, as that term is defined by O.C.G.A. §
										12-6A-2(5), during the period that this loan is outstanding."
(b) The identification and commitment to the
			 employment of local land use ordinances and local conservation and preservation
			 ordinances, policies, and regulations which further the achievement of the
			 permanent protection of conservation land; and
(c) Project proposals that are
			 multi-jurisdictional in scope or regional in impact will receive additional
			 ranking points (O.C.G.A. Sec.
			  12-6A-5(f)).