reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0100 - FARMED CERVID LICENSE AND PERMIT › Section 52L .0111 - REPORTING CWD SYMPTOMS AND FARMED CERVID DEATH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) CWD
				  Symptom Reporting:
(1) Each licensee shall
				  notify the Veterinary Division by telephone upon discovery if any farmed cervid
				  exhibits clinical symptoms of CWD, including loss of body condition, behavioral
				  changes, excessive salivation, increased drinking and urination, depression,
				  and eventual death. The Veterinary Division's telephone number is (919)
				  707-3250.
(2) Farmed cervids that
				  exhibit clinical symptoms of CWD shall not be transported unless directed by
				  the Veterinary Division.
(3)
				  Regardless of age, the carcass of all farmed cervids that exhibited clinical
				  symptoms of CWD shall be submitted to the Diagnostic Laboratory for CWD testing
				  unless instructed otherwise by the Veterinary Division due to the condition of
				  the carcass.
(4) In cases where
				  animals escape or disappear and are not available for tissue sampling and
				  testing, or when the samples are of such poor quality, as determined in
				  accordance with the USDA Standards, including Part A (5.3) Sample Collection
				  and Submission Procedures, (5.4) Consequences of Poor Quality and Missing
				  Samples, (6.4) Test Results, and (6.5) Rejected Samples, that they cannot be
				  tested for CWD, the Veterinary Division may investigate, in cases of repeated
				  unavailability of tissue sampling and testing, whether the unavailability of
				  animals or usable samples for testing constitutes a failure to comply with
				  program requirements and may affect the herd's status in the Herd Certification
				  Program.
(5) The Veterinary
				  Division may require CWD testing or quarantine, or both, at any facility if the
				  following circumstances or conditions occur:
(A) any herd or animal tested positive for
				  CWD within the facility;
(B) the
				  facility received farmed cervid from a facility that tested positive for CWD
				  within five years;
(C) the facility
				  may have been exposed to any CWD positive or suspect farmed cervid;
				  or
(D) the facility transferred any
				  farmed cervid that tests positive for CWD within five years of
				  transfer.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0100 - FARMED CERVID LICENSE AND PERMIT › Section 52L .0112 - ANIMAL IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Animal
				  Identification Required.
(1) Licensees shall
				  identify all susceptible species of farmed cervid in accordance with the USDA
				  Standards and 9 C.F.R.
				  55.25.
(2) Susceptible species of farmed cervid born
				  within a licensed facility shall be officially identified on or before 12
				  months of age. Fawns and calves of susceptible species shall be deemed a year
				  old for purposes of the rules in this Subchapter and shall be officially
				  identified by the first July 1 following their birth, unless the farmed cervid
				  licensee maintains a record of the month and year the calf or fawn was
				  born.
(3) All farmed cervids shall
				  be officially identified before being transported.
(4) All susceptible species of farmed cervids
				  shall be identified and included in the inventory report and records as
				  required by
				  02 NCAC
				  52L .0104(b) and
				  02 NCAC
				  52L .0109(a).
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0100 - FARMED CERVID LICENSE AND PERMIT › Section 52L .0113 - TRANSPORTATION PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person shall
				  transport any farmed cervid within the State unless that person first obtains a
				  transportation permit from the Veterinary Division.
(b) A transportation permit shall only be
				  issued by the Veterinary Division to an applicant to transport farmed cervids:
(1) from a Certified Herd;
(2) not known to be susceptible to
				  CWD;
(3) to and from a veterinary
				  medical facility for medical diagnosis or treatment;
(4) to a slaughterhouse for
				  slaughter;
(5) for export out of
				  North Carolina, subject to 9
				  C.F.R. 81.3; and
(6) for import into North Carolina, subject
				  to 02
				  NCAC 52B .0213.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0200 - ENCLOSURE REQUIREMENTS › Section 52L .0201 - ENCLOSURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The enclosure
				  size for any farmed cervid, including any fawn or calf, shall be at least half
				  of one acre.
(b) Bodies of water
				  and impassible areas shall not be counted towards the minimum enclosure size or
				  the area for pen density.
(c) The
				  enclosure shall be surrounded by a fence:
(1)
				  of sufficient strength and design to prevent ingress or egress of both farmed
				  and non-farmed cervids under any circumstances;
(2) be at least eight feet high;
				  and
(3) have a ground clearance of
				  no greater than three inches.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0300 - ENFORCEMENT › Section 52L .0301 - LICENSE OR PERMIT REVOCATION, FORFEITURE, AND DEPOPULATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Veterinary Division may take one or
				  more of the following actions based on the nature of the violation against any
				  person for failure to comply with the requirements of
				  G.S.
				  106-549.97, 9 C.F.R. Part 55, 9 C.F.R. Part
				  81, the USDA Standards, or this Subchapter:
(1) issue warnings;
(2) revoke any license or permit issued under
				  this Subchapter;
(3) cancel the
				  enrollment in the Herd Certification Program; or
(4) reduce the status of a herd in accordance
				  with 02
				  NCAC 52L .0401(g).
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0400 - HERD CERTIFICATION PROGRAMS › Section 52L .0401 - NORTH CAROLINA FARMED CERVID HERD CERTIFICATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Scope. This Rule shall only apply to
				  susceptible species of farmed cervids.
(b) Enrollment Qualifications.
(1) Only applicants that have a valid farmed
				  cervid license or have applied for one shall be eligible to have herds enrolled
				  in the Herd Certification Program.
(2) Applicants shall comply with all farmed
				  cervid license requirements and rules in this Subchapter in order to have herds
				  enrolled and remain in the Herd Certification Program.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 52 - VETERINARY › Subchapter L - FARMED CERVIDS › Section .0400 - HERD CERTIFICATION PROGRAMS › Section 52L .0402 - REPEALED - NORTH CAROLINA MONITORED HERD CERTIFICATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 106-549.97(a2);
Eff. June 1, 2018;
Repealed Eff. May 1,
					 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 53 - AQUACULTURE › Section 53 .0101 - AQUACULTURE LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person who
			 owns or operates an aquaculture facility for the purpose of possession,
			 production, transportation, sale or commercial catchout of the species listed
			 in G.S.
			 106-761, shall obtain a license from the
			 Department of Agriculture.
(b)
			 Applications for licenses may be obtained from the Department of Agriculture,
			 Division of Aquaculture and Natural Resources, P.O. Box 27647, Raleigh, NC
			 27611. Completed applications shall be returned to the same address.
(c) The application shall include:
(1) License(s) being requested:
(A) Aquatic Propagation and Production
			 Facility License;
(B) Commercial
			 Catchout License;
(C) Holding
			 Pond/Tank Permit;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 54 - GRANT PROGRAMS › Section 54 .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L. 1998-212,
				s. 13.5;
Temporary Adoption Eff. December 15, 1998;
Eff. July 1, 2000;
Pursuant to
				G.S.
				150B-21.3A, rule Expired April 1,
				2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 54 - GRANT PROGRAMS › Section 54 .0103 - EXPIRED - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S. L. 1998-212,
				s. 13.5;
Temporary Adoption Eff. December 15, 1998;
Temporary Adoption Expired October 12, 1999.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 54 - GRANT PROGRAMS › Section 54 .0104 - EXPIRED - USE OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S. L. 1998-212,
				s. 13.5;
Temporary Adoption Eff. December 15, 1998;
Eff. July 1, 2000;
Pursuant to
				G.S.
				150B-21.3A, rule Expired April 1,
				2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 54 - GRANT PROGRAMS › Section 54 .0105 - EXPIRED - AVAILABILITY AND AMOUNT OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S. L. 1998-212,
				s. 13.5;
Temporary Adoption Eff. December 15, 1998;
Temporary Adoption Expired October 12, 1999.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 55 - HURRICANE FLOYD RECOVERY PROGRAMS › Section .0100 - PURPOSE; AVAILABILITY OF FUNDS; DEFINITIONS; EXPIRATION › Section 55 .0101-.0104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463, s. 4;
Temporary Adoption Eff. February 1, 2000 expired on
				  December 31, 2000.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 55 - HURRICANE FLOYD RECOVERY PROGRAMS › Section .0200 - CROP LOSS AND LIVESTOCK LOSS ASSISTANCE › Section 55 .0201-.0203 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463, s. 4;
Temporary Adoption Eff. February 1, 2000 expired on
				  December 31, 2000.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 55 - HURRICANE FLOYD RECOVERY PROGRAMS › Section .0300 - STRUCTURES AND EQUIPMENT LOSS ASSISTANCE › Section 55 .0301-.0303 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463, s. 4;
Temporary Adoption Eff. February 1, 2000 expired on
				  December 31, 2000.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 55 - HURRICANE FLOYD RECOVERY PROGRAMS › Section .0400 - EMERGENCY CONSERVATION PROGRAM COST SHARE BUY DOWN › Section 55 .0401-.0403 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463, s. 4;
Temporary Adoption Eff. February 1, 2000 expired on
				  December 31, 2000.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 55 - HURRICANE FLOYD RECOVERY PROGRAMS › Section .0500 - COMMODITY ASSOCIATIONS AND COOPERATIVES ASSISTANCE › Section 55 .0501-.0503 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463, s. 4;
Temporary Adoption Eff. February 1, 2000 expired on
				  December 31, 2000.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 56 - HURRICANE FLOYD AGRICULTURE CRISIS FUND › Section .0100 - PURPOSE: AVAILABILITY OF FUNDS: DEFINITIONS: EXPIRATION › Section 56 .0101-.0104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463;
Temporary Adoption Eff. June 13, 2001 to expire on
				  January 1, 2003;
Temporary Adoption expired January 1,
				  2003.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 56 - HURRICANE FLOYD AGRICULTURE CRISIS FUND › Section .0200 - FARM FINANCIAL COUNSELING › Section 56 .0201-.0204 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  1999-463;
Temporary Adoption Eff. June 13, 2001 to expire on
				  January 1, 2003;
Temporary Adoption expired January 1,
				  2003.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 57 .0101 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Chapter are to implement the Tobacco Trust
				  Fund as set forth in Article 75 of G.S. 143. Applications for the following
				  programs shall be submitted in accordance with the rules set forth in Section
				  .0200 of this Chapter:
(1)
				Compensatory programs as defined in
				G.S.
				143-716(2); and
(2) Qualified agricultural programs as
				defined in
				G.S.
				143-716(6).
Authority
				  G.S.
				  143-715;
				  143-718;
Temporary
				  Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Amended Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 57 .0102 - REPEALED - AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-715;
				  143-718;
Temporary
				  Adoption Eff. May 15, 2002;
Temporary Adoption Eff. June 29,
				  2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Repealed Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 57 .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in
				  G.S.
				  143-716, the following definitions apply to
				  this Chapter:
(1) Tobacco allotment.
				An amount of tobacco allowed to be grown on a tract of land;
(2) Former Tobacco allotment holder. A person
				who, at the time of the Master Settlement Agreement owned a certain amount of
				tobacco quota on a tract of land, as determined by the U.S. Farm Service Agency
				records for the county in which the quota is located;
(3) Tobacco producer or grower. A person or
				entity actively engaged in planting, growing, harvesting and marketing tobacco,
				or who shares in the expense of producing the crop, and for that reason is
				entitled to share in the revenues derived from marketing the crop;
(4) Tobacco products. Cigarettes, cigars,
				smokeless tobacco, pipe tobacco, roll your own tobacco, or any other tobacco
				product sold at retail intended for human consumption; and
(5) Tobacco-related segment of the State's
				agricultural economy. That part of the State's agricultural economy that
				includes tobacco producers, former tobacco allotment holders, persons who work
				on tobacco farms and tobacco auction-related workers or warehousemen, and
				others in tobacco-dependent communities as determined by the Commission in a
				grant or contract approval.
Authority
				  G.S.
				  143-716;
				  143-718;
Temporary
				  Adoption Eff. May 15, 2002;
Temporary Adoption Eff. June 29,
				  2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Amended Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0201-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-718;
				  143-720;
Temporary
				  Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Repealed Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0204 - APPLICATIONS FOR GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				shall designate specific dates for submission of grant applications. Grant
				application submission dates shall be announced in the call for proposals on
				the Commission website,
http://tobaccotrustfund.org
not less
				than 30 days before the application is due.
(b) Grant applications shall be printed and
				an original and four copies timely submitted to the Commission by
				hand-delivery, by a designated delivery service authorized pursuant to
				G.S.
				1A-1, Rule 4, or by U.S Mail, or online
				portal. Applications shall be timely submitted as follows:
(1) if delivered to the Commission's physical
				office by the end of the business day on designated date announced in the call
				for proposals;
(2) if delivered by
				designated delivery service, which package bears a shipping date on or before
				the submission date;
(3) if placing
				into the U.S. Mail, addressed to 1080 Mail Service Center, Raleigh, NC 27699
				and postmarked on or before the submission date; or
(4) submitted through online portal by due
				date.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0205 - SPECIAL INFORMATION NEEDED FOR DIRECT COMPENSATORY PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
If a request is for direct compensation or indemnification or
				  for a project to administer direct compensation or indemnification to an
				  eligible beneficiary or beneficiaries, then the application for the
				  Compensatory Program shall contain the following:
(1) documentation demonstrating the amount of
				actual loss of tobacco-related income in North Carolina in 1998 or years
				subsequent. An applicant may make such demonstration with:
(a) a verified letter from a Certified Public
				Accountant or an attorney licensed in North Carolina that details the amount of
				the actual loss;
(b) that portion
				of a federal or state income tax return that shows a loss of tobacco-related
				income. Any documents submitted by the applicant shall be public record under
				Chapter 132 of the General Statutes;
(c) a verified statement from a North
				Carolina employer quantifying the applicant's loss in tobacco-related income in
				North Carolina for any given year from 1998 forward; or
(d) any other similar reliable, accurate, and
				verifiable documentation that the Commission may accept as proof of actual
				loss;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0206 - REPEALED - OUT OF CYCLE AWARD OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-718;
Temporary Adoption Eff.
				  May 15, 2002;
Eff. April 15, 2003;
Repealed Eff.
				  December 1, 2008.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0207 - REVIEW OF PROPOSALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				staff or designee shall review applications to see if the application is
				complete. Commission staff shall notify applicants if the grant application is
				incomplete.
(b) Applications that
				are complete will be forwarded to a Grant Review Committee of the Commission.
				Grant Review Committee members shall be Commissioners.
(c) During the review and evaluation of
				proposals, the Commission staff and Grant Review Committee may solicit
				information from persons who have expertise in technical or specialized areas
				or request that the Commission staff or designee make reports on any site
				visits that may be required for consideration of the grant proposal. The Grant
				Review Committee shall make recommendations to the Commission based on its
				review and evaluation. Scoring and rating of proposals may be determined by
				using any consistent rating methodology, including adjectival, numerical, or
				ordinal rankings.
(d) The
				Commission shall evaluate grant proposals and recommendations made to the
				Commission by the Grant Review Committee as follows:
(1) for Compensatory Programs set forth in
				G.S.
				143-720; or
(2) for Qualified Agricultural Programs set
				forth in G.S. 143-721.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0208 - AWARD OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				shall award grants as fund are available. All applicants shall be notified in
				writing or other means of electronic communication upon completion of the
				selection process.
(b) Funds shall
				be conveyed to grantees through contracts with the Commission.
(c) If the Commission determines that grant
				funds are not being used for the purpose for which they were awarded, the
				Commission may cease making payments under the grant schedule in compliance
				with G.S. 143C-6-23 and
				09 NCAC
				03M .0401, which are hereby incorporated by
				reference, including subsequent amendments and editions.
Authority
				  G.S.
				  143-718;
Temporary Adoption Eff.
				  May 15, 2002;
Temporary Adoption Eff. June 29, 2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Amended Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0209 - REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
Program specific reporting requirements shall be conveyed to
				  grantees through contractual agreements with the Commission in compliance with
				  G.S.
				  143C-6-23 and
				  09 NCAC
				  03M .0401, which is hereby incorporated by
				  reference, including subsequent amendments and editions.
Authority
				  G.S.
				  143-718;
Temporary Adoption Eff.
				  May 15, 2002;
Eff. April 15, 2003;
Amended Eff.
				  December 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Amended Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0200 - PROGRAM GRANTS › Section 57 .0210 - REPEALED - POLICIES GOVERNING COMPENSATORY PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-718;
Temporary Adoption Eff.
				  May 15, 2002;
Eff. April 15, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Repealed Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0300 - QUALIFIED AGRICULTURAL PROGRAM GRANTS › Section 57 .0301-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-716;
				  143-718;
				  143-721;
Temporary
				  Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Amended Eff. December 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Repealed Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0300 - QUALIFIED AGRICULTURAL PROGRAM GRANTS › Section 57 .0305 - REPEALED - OUT OF CYCLE CONSIDERATION OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-718;
Temporary Adoption Eff.
				  May 15, 2002;
Eff. April 15, 2003;
Repealed Eff.
				  December 1, 2008.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 57 - TOBACCO TRUST FUND COMMISSION › Section .0300 - QUALIFIED AGRICULTURAL PROGRAM GRANTS › Section 57 .0306-.0309

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-718;
				  143-721;
Temporary
				  Adoption Eff. May 15, 2002;
Temporary Adoption Eff. June 29,
				  2002;
Eff. April 15, 2003;
Amended Eff. December 1,
				  2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 24, 2015;
Repealed Eff.
				  September 1, 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Chapter describes the operating procedures for the
				  Agricultural Development and Farmland Preservation Trust Fund Advisory
				  Committee and the Chair under the guidance of the North Carolina Department of
				  Agriculture and Consumer Services implementing the Agricultural Development and
				  Farmland Preservation Trust Fund for continuation and preservation of
				  agriculture in North Carolina. Procedures and guidelines for participating
				  applicants are also described. The purpose of the program is to fund projects
				  to encourage the preservation of qualifying agricultural, horticultural, and
				  forestlands to foster the growth, development, and sustainability of family
				  farms.
Authority
				  G.S.
				  106-744;
Eff. December 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0102 - FUNDING PRIORITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner, with the advice of the Advisory Committee
				  shall:
(1) annually publish a list of
				funding priorities which he will follow in awarding grants for agricultural,
				horticultural and forestland preservation projects and agricultural development
				programs that meet the requirements of
				G.S.
				106-744 and the rules in this
				Chapter;
(2) request proposals to
				address specific funding priorities or to encourage specific farmland
				preservation projects or agricultural development programs intended to
				encourage farmland preservation and protect the State's agricultural economy,
				stabilize and maintain local tax bases, and optimally use natural resources;
				and
(3) work cooperatively with
				other government agencies as well as agricultural, conservation, and rural
				entities to develop plans to maximize agricultural, horticultural, and
				forestland preservation efforts.
Authority
				  G.S.
				  106-744;
Eff. December 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following terms used in this Chapter have the following
				  meanings:
(1) "Advisory Committee"
				means the Agricultural Development and Farmland Preservation Trust Fund
				Advisory Committee.
(2) "ADFPTF,"
				"ADFP Trust Fund," or "Trust Fund" means the Agricultural Development and
				Farmland Preservation Trust Fund.
(3) "Agricultural conservation easement" is
				defined in
				G.S.
				106-744(b).
(4) "Applicant" means a nonprofit
				conservation organization or county who applies for funds from the ADFP Trust
				Fund.
(5) "Chair" or "Commissioner"
				means the Chair of the Advisory Committee who is also the Commissioner of
				Agriculture.
(6) "Department" or
				"NCDA&CS" means the North Carolina Department of Agriculture and Consumer
				Services.
(7) "Landowner" means any
				natural person or other legal entity, including a governmental agency, who
				holds either an estate or freehold (such as a fee simple absolute or a life
				estate) or an estate for years or from year to year in land, but does not
				include an estate at will or by sufferance in land.
(8) "Nonprofit conservation organization" is
				any nonprofit organization that provides assistance to landowners to protect
				their lands and can legally hold agricultural conservation easements.
(9) "Project" means an agricultural
				conservation easement, conservation agreement, or an agricultural development
				program for which an applicant is requesting funds to complete.
Authority
				  G.S.
				  106-744;
Eff. December 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0105 - EVALUATION OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applicants for funding from the ADFPTF shall submit a completed
				application.
(b) Applications and
				instructions shall be available online at
http://www.ncadfp.org
.
(c) To be eligible for consideration for
				funding for agricultural conservation easements or agricultural agreements,
				applicants shall complete the Agricultural Development and Farmland
				Preservation Application Form for Conservation Easements and Agricultural
				Agreements, which contain the following information:
(1) identifying information such as location,
				business name, and contact information;
(2) a description of the type of organization
				of the applicant;
(3) project
				affiliations, matching funds, and partnerships;
(4) whether funds are for an agricultural
				conservation easement or an agricultural agreement and the term
				years;
(5) current land value
				assessment, requested amount of funds, estimated easement value, project
				completion date;
(6) operation
				management plans;
(7) values
				relevant to the easement;
(8)
				agricultural, horticultural, or forestry property inventory;
(9) what transition plans are in place to
				continue operations for the future;
(10) threats of conversion;
(11) conservation and environmental concerns;
				and
(12) listed
				attachments.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0106 - GRANT AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon approval,
				a written agreement shall be executed between the grant recipient(s) and the
				Commissioner.
(b) The agreement
				shall define the Commissioner's and grant recipient's responsibilities and
				obligations, the project period, project scope, and the amount of grant
				assistance.
(c) The approved
				application and any support documentation submitted by the applicant shall
				become a part of the grant agreement.
(d) The grant agreement may be amended upon
				mutual consent and approval by the Commissioner and the grant recipient(s). The
				grant recipient(s) shall submit a written request for amendment to the
				Commissioner.
(e) Grant payments
				shall be made only for activities within the grant contract period and projects
				may not begin until the Commissioner and grant recipient(s) sign the
				agreement.
(f) The agreement shall
				include a requirement that, in any agricultural conservation easement funded by
				the ADFPTF, the State of North Carolina shall have the right to enforce the
				easement if the grantee of the easement fails to do so.
Authority
				  G.S.
				  106-744;
Eff. January 1,
				  2008;
Readopted Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0107 - REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Grant
				recipients shall submit written progress reports biannually for grants less
				than five hundred thousand dollars ($500,000) and quarterly for grants more
				than five hundred thousand dollars ($500,000) until completion of the project.
				Written reports shall describe the status of the project, progress toward
				achieving program objectives, notable occurrences, and any problems encountered
				and steps taken to overcome the problems. Upon completion of the project, the
				grant recipient must make a final written report to the Commissioner that shall
				include project accomplishments and benefits, all expenditures by line item as
				established in the project budget, and verification of the number of hours or
				money in matching funds.
(b) The
				Division staff shall review the progress reports for completeness, which shall
				include a showing of how the project is meeting its stated goals and
				performance standards. If the Division staff finds that the report is deficient
				in showing how the project is meeting its stated goals and performance
				standards, the grantee shall be notified of the deficiency and must provide a
				changed and corrected report within 30 business days. If a corrected or changed
				report is not received within 30 business days, the Commissioner shall withhold
				the next grant payment.
(c)
				Grantees shall submit monitoring reports in accordance with the ADFPTF
				Monitoring Policies and Guidelines found at
				http://ncadfp.org/downloads.htm.
Authority
				  G.S.
				  106-744;
Eff. January 1,
				  2008;
Readopted Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND › Section .0100 - GENERAL PROVISIONS › Section 58 .0108 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Grant Recipients must keep financial and other records of the
				  project for a period of five years, following completion of the project, or
				  until audited. The records shall be made available to the Commissioner upon
				  request. Recipients shall contact Division staff at the North Carolina
				  Department of Agriculture and Consumer Services before destroying records or in
				  the event that records are destroyed. The Commissioner shall maintain and
				  dispose of paper and electronic records in accordance with the approved
				  Functional Schedule for North Carolina State Agencies, Program Record Retention
				  and Disposition Schedule and Electronic Records and Imaging Policy,
				  incorporated by reference with subsequent editions and amendments. The policy
				  can be accessed free of charge at
				  https://archives.ncdcr.gov/documents/functional-schedule-state-agencies.
Authority
				  G.S.
				  106-744;
Eff. December 1,
				  2007;
Readopted Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0100 - SUPERVISOR TRAINING PROGRAM › Section 59A .0101 - REPEALED - OBJECTIVES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 106-840;
Eff. February 1,
					 1976;
Amended Eff. August 1, 1982;
Transferred from
					 15A NCAC
					 06A .0101 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19, 2015;
Repealed Eff.
					 March 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0100 - SUPERVISOR TRAINING PROGRAM › Section 59A .0102 - ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Soil and Water Conservation, Department of
					 Agriculture & Consumer Services is located at 216 West Jones Street,
					 Raleigh, North Carolina 27603. The mailing address is 1614 Mail Service Center,
					 Raleigh, North Carolina 27699-1614.
Authority
					 G.S.
					 139-4;
					 106-840;
					 106-841;
Eff.
					 February 1, 1976;
Amended Eff. June 1, 1990; September 1, 1982;
					 December 5, 1980; November 1, 1978;
Transferred from
					 15A NCAC
					 06A .0107 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19, 2015;
Amended Eff.
					 March 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0100 - SUPERVISOR TRAINING PROGRAM › Section 59A .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter:
(1) "Association" means the North Carolina
				  Association of Soil and Water Conservation Districts;
(2) "Commission" means the Soil and Water
				  Conservation Commission created by
				  G.S.
				  106-840;
(3) "Department" means the Department of
				  Agriculture & Consumer Services;
(4) "District" or "soil and water
				  conservation district" means as defined in
				  G.S.
				  139-3(5);
(5) "Division" means the Division of Soil and
				  Water Conservation;
(6) "
				  Public Law
				  83-566 " means the Watershed Protection and Flood
				  Prevention Act of 1954, P.L. 83-566, 68 Stat. 666
				  [codified at 16 U.S.C.
				  1001-07 (1976)];
(7) "Supervisor" means one of the members of
				  the governing body of a district.
Authority
					 G.S.
					 139-4;
					 106-840;
Eff.
					 September 1, 1982;
Amended Eff. June 1, 1990;
Transferred from
					 15A NCAC
					 06A .0108 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19, 2015;
Amended Eff.
					 March 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0100 - SUPERVISOR TRAINING PROGRAM › Section 59A .0104 - REPEALED - SUPERVISOR VACANCIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority,
					 G.S.
					 106-840;
Eff. September 1,
					 1986;
Amended Eff. July 1, 1988;
Transferred from
					 15A NCAC
					 06A .0109 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19, 2015;
Repealed Eff.
					 March 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0200 - SUPERVISOR TRAINING PROGRAM › Section 59A .0201 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Supervisors
				  shall receive training as set forth in this Section regarding soil, water,
				  natural resources conservation, and the duties and responsibilities of
				  Supervisors as set forth in Chapter 139, Article I, of the North Carolina
				  General Statute.
(b) The Commission
				  shall provide oversight for the Supervisor Training Program, including both
				  required and continuing training requirements. The Division shall approve
				  specific training courses and related credits as outlined in the rules of this
				  Section. The Commission shall retain authority to consider appeals of decisions
				  to deny or limit credit for courses or events.
Authority
					 G.S.
					 106-840(a)(2);
					 106-841(g);
					 139-4(d)(13);
					 139-7.2;
Eff. March
					 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0200 - SUPERVISOR TRAINING PROGRAM › Section 59A .0202 - REQUIRED BASIC TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All Supervisors
				  shall complete Basic Training for Soil and Water Conservation District
				  Supervisors.
(b) Participation in
				  this required basic training course shall be completed within the first year of
				  service as an elected or appointed Supervisor.
(c) For Supervisors serving prior to December
				  2022, documentation of previous participation in this required basic training
				  course shall meet the requirement as set forth in this Rule.
(d) For Supervisors that are re-elected in
				  December 2022 that have not previously participated in this required basic
				  training course, participation shall be required in 2023 or at the next
				  available offering.
(e) The
				  Commission shall review and approve the Basic Training curriculum annually and
				  publish the approved curriculum on its website. The training shall include
				  those topics set forth in
				  G.S.
				  139-7.2.
(f) Basic Training curriculum shall include
				  the duties and responsibilities of district Supervisors.
(g) Basic Training may be provided by the
				  School of Government at the University of North Carolina at Chapel Hill or
				  other qualified sources as outlined in Rule .0204(c)(3) of this
				  Section.
Authority
					 G.S.139-4(d)(13);
					 139-7.2;
Eff. March
					 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0200 - SUPERVISOR TRAINING PROGRAM › Section 59A .0203 - CONTINUING TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  Supervisors shall obtain six Supervisor Training Credits per term of service as
				  set forth in Rule .0204 of this Section.
(b) Supervisor Training Credits earned for
				  required training in Rule .0202 of this Subchapter shall be credited toward the
				  requirements of this Rule.
Authority
					 G.S.
					 139-4(d)(13);
					 139-7.2;
Eff. March
					 1, 2022.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0200 - SUPERVISOR TRAINING PROGRAM › Section 59A .0204 - SUPERVISOR TRAINING CREDITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Supervisor Training Credits shall be assigned as one credit being equal to one
				  hour of instruction that deals with content relevant to the topics included in
				  Paragraph (b) of this Rule. Credits are approved in 15-minute
				  increments.
(b) Credits shall be
				  awarded for training that covers topics as outlined in
				  G.S.
				  139-7.2(b).
(c) Credits may be attained:
(1) At local board meetings when a
				  presentation that meets the requirements set forth in Paragraph (b) of this
				  Rule is delivered;
(2) At local
				  board meetings using resource material that meets the requirements set forth in
				  Paragraph (b) of this Rule;
(3)
				  Through classroom training, field days, or events sponsored by the District,
				  the Association, the Commission, the Division, the Natural Resources
				  Conservation Service, or the School of Government at the University of North
				  Carolina at Chapel Hill.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0300 - SUPERVISOR REMOVAL › Section 59A .0301 - SUPERVISOR REMOVAL PROCEDURES AND REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  District Supervisors may be removed by the Commission for neglect of duty,
				  incompetence, or malfeasance pursuant to
				  G.S.
				  139-7. Evidence of neglect of duty shall
				  include the failure to attend three consecutive regularly scheduled district
				  meetings, except when prevented by illness. Evidence of neglect of duty shall
				  also include the failure of sitting Supervisors to meet training requirements
				  set forth in Section .0200 of this Subchapter.
(b) District boards shall submit a Supervisor
				  attendance report, annually, for all members. This report shall be delivered by
				  January 31 of each year. Reports shall cover the time period beginning December
				  1 and ending November 30 of the previous year.
(c) Each District board shall notify the
				  Commission in writing of any member that has failed to attend three consecutive
				  regularly scheduled meetings, except when prevented by illness of the
				  Supervisor. Notification from the District shall include explanation for
				  non-attendance and the actions that the District board has taken to address the
				  Supervisor's attendance.
(d) The
				  Division shall provide to the Commission the following information:
(1) training documentation of participants in
				  Basic Training for Soil and Water Conservation District Supervisors by April 1
				  of each year; and
(2) a summary of
				  Supervisor Training Credits outlined in Rule .0204 of this Subchapter by
				  February 1 of odd years.