reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0301 - OBJECTIVES OF DEDICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The State may accept the dedication of nature preserves on lands
					 deemed by the Secretary to qualify as "outstanding natural areas," based on the
					 criteria of eligibility as set forth in Rule .0202 of this Subchapter. The Secretary
					 shall recommend to the Governor and Council of State, through the Director of the
					 State Property Office in the Department of Administration, that an area be dedicated
					 as a nature preserve. Dedication of a preserve becomes effective only upon
					 acceptance of Articles of Dedication by the Governor and Council of State. Articles
					 of Dedication shall be recorded in the county or counties where the nature preserve
					 is located, in the State Property Office and in the office of the Natural Heritage
					 Program.
Authority
					 G.S.
					 143B-135.252;
					 143B-135.256;
					 143B-135.260;
					 146-26;
Eff. August 30,
					 1980;
Amended Eff. January 1, 1986; October 1, 1984;
Readopted Eff. March 1, 2017;
Transferred from
					 15A NCAC
					 12H .0301 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0302 - DEDICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of the
				  recommendation reports from the Natural Heritage Program and statements of
				  recommendation from the Natural Heritage Advisory Committee, the Secretary shall
				  determine whether the proposed area qualifies under criteria set forth in Rule .0202
				  of this Subchapter and constitutes an "outstanding natural area" through dedication
				  as a nature preserve.
(b) Nature
				  preserves are created when natural areas are dedicated by:
(1) the owner who transfers to the State the title
				  or other interest in the land with Articles of Dedication agreed to by the owner and
				  the State;
(2) any local unit of
				  government that transfers fee simple title or other interest in land to the State
				  through Articles of Dedication agreed to by the local government agency and the
				  State; or
(3) the State itself for
				  State-owned lands through Articles of Dedication, and declaring the State as trustee
				  for the dedication, subject to allocation pursuant to the provisions of
				  G.S.
				  143-341(4)g. The Secretary and
				  Director of the State Property Office shall make recommendations to the Governor and
				  Council of State for dedicating State-owned lands as nature preserves.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0303 - ARTICLES OF DEDICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Articles of
				  Dedication shall include:
(1) a statement of the
				  public purposes served by the dedication and a declaration that the State shall hold
				  such title or interest to the area in trust for the public as a dedicated nature
				  preserve under the terms and authority set forth in
				  G.S.
				  143B-135.262, and describe the rights and
				  restrictions as will protect the dedicated area consistent with the criteria set
				  forth in Rule .0202 of this Subchapter.
(2) the primary custodian who will be responsible
				  for managing the nature preserve in accordance with the Articles of Dedication and
				  these Rules;
(3) the right of the State
				  or its agents to enter dedicated lands to inspect its condition and to enforce the
				  Articles of Dedication. This right of inspection shall not in and of itself create
				  an automatic right of public access; and
(4) any other provision necessary to carry out the
				  purpose of this Subchapter.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0304 - BUFFER AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose of
				  protecting a nature preserve, adjoining land that is not otherwise suitable for
				  dedication as a nature preserve may be dedicated as a buffer area in the same manner
				  as a nature preserve under this Section. A buffer area, where possible, shall help
				  protect the site against adverse effects from use and development of adjacent land.
				  The buffer area may be included in the designated area but need not itself possess
				  eligibility criteria.
(b) Provisions in
				  the Articles of Dedication for the management, use, development, and public access
				  of the buffer area may differ from those used for the adjacent nature
				  preserve.
Authority
					 G.S.
					 143B-135.256;
					 143B-135.260;
Eff.
					 January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred
					 from 15A NCAC
					 12H .0304 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0305 - PUBLIC TRUST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Members of the
				  public may bring notice to the Secretary or his or her agents of suspected
				  violations of terms of dedications. Notice shall be made by U.S. Mail to 4601 Mail
				  Service Center, Raleigh, North Carolina 27699. The Natural Heritage Program shall
				  investigate notices of violations and shall maintain monitoring of all dedicated
				  preserves. After investigation of a notice of violation, the Natural Heritage
				  Program shall respond, via U.S. Mail, to the notifying party and recommend action to
				  the Secretary.
(b) The Natural Heritage
				  Program shall maintain administrative records for dedicated areas. These shall be
				  available for public review online at www.ncnhp.org. or at 121 West Jones Street,
				  Raleigh, North Carolina 27603, and copies shall be available at actual
				  cost.
(c) The State may enter into
				  contracts and agreements with other agencies and persons to manage and monitor
				  dedicated preserves, but the State shall not abdicate its trusteeship for dedicated
				  lands through such contracts or agreements.
Authority
					 G.S.143B-135.256;
					 143B-135.262;
Eff.
					 January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred
					 from 15A NCAC
					 12H .0305 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0306 - AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Amendments that remove some portion of the
				  existing Articles of Dedication shall not be approved until after a public hearing
				  in the county or counties where the dedicated preserve lies. The State shall provide
				  not less than 30 days notice of the hearing in the newspaper of largest circulation
				  in the county or counties where the land lies. The State shall provide not less than
				  30 days notice to the chief county and municipal administrative officials in the
				  jurisdiction where the land lies.
(b)
				  Notwithstanding the provisions of Paragraph (a) of this Rule, Articles of Dedication
				  may be amended as they affect use or disposition of land, even if the purposes of
				  G.S.
				  143B-135.262 or the original dedication will be
				  violated under the following circumstances:
(1)
				  the Governor and Council of State find that an amendment serves the best interest of
				  the State and no prudent alternative exists;
(2) after a public hearing with notice provided in
				  Paragraph (a) of this Rule; and
(3) with
				  the concurrence of the Governor and Council of State.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0307 - EXTINGUISHMENT BY THE STATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Articles of
				  Dedication may be extinguished by amendment and the dedication abandoned if:
(1) the Secretary finds that qualifying features
				  of the land have been destroyed or damaged;
(2) the Secretary finds that the public purposes
				  of the dedication have been frustrated;
(3) after a public hearing with notice provided as
				  described in Rule .0306(a) of this Section; and
(4) with the approval of the Governor and Council
				  of State.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0300 - DEDICATION OF NATURE PRESERVES › Section 13H .0308 - MUTUAL TERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Articles of Dedication shall terminate only under the following
					 circumstances:
(1) in accordance with the
				  terms of the Articles of Dedication itself;
(2) in accordance with the nature and duration of
				  the underlying legal interest in the property being placed under the Articles of
				  Dedication; or
(3) upon mutual written
				  consent executed by and between the owner, its successors or assigns, the State, and
				  approved by the Governor and Council of State.
Authority
					 G.S.
					 143B-135.256;
					 143B-135.260(c);
Eff. January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred from
					 15A NCAC
					 12H .0308 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0400 - MANAGEMENT; USE; AND PROTECTION OF DEDICATED NATURE PRESERVES › Section 13H .0401 - MANAGEMENT PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A management plan
				  shall be prepared for each dedicated nature preserve. The Articles of Dedication
				  shall assign responsibility for the preparation of the management plan.
(b) The Secretary of the Department of Natural and
				  Cultural Resources or his or her designee shall review all management plans and
				  their revisions, and shall approve those plans that implement the principles set
				  forth in Rule .0402 of this Section.
(c)
				  The Secretary or his or her designee shall monitor all dedicated preserves as set
				  forth in Rule .0305 of this Subchapter and report violations of the approved plan,
				  situations that violate the Articles of Dedication, or actions harmful to the
				  natural resources of the preserve.
(d)
				  In the event that the owner or the State agency managing the dedicated preserve does
				  not adopt an approved management plan or does not adhere to the provisions of the
				  plan, the Secretary shall request the Department of Administration to take an action
				  such as mediation, reallocation of the land to another agency, or referral to the
				  Office of the Attorney General.
Authority
					 G.S.
					 143B-135.256;
					 143B-135.262;
Eff.
					 January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred
					 from 15A NCAC
					 12H .0401 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0400 - MANAGEMENT; USE; AND PROTECTION OF DEDICATED NATURE PRESERVES › Section 13H .0403 - MANAGEMENT RULES FOR PRESERVES

Current through Register Vol. 39, No. 2, July 15, 2024
Additional management principles consistent with the general
					 management principles for dedicated preserves, as set forth in Rule .0402 of this
					 Section, may be adopted through an amendment to the Articles of Dedication by the
					 owner or State agency, in accordance with Rule .0306 of this Subchapter.
Authority
					 G.S.
					 143B-135.256;
					 143B-135.262;
Eff.
					 January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred
					 from 15A NCAC
					 12H .0403 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter H - NATURAL HERITAGE PROGRAM › Section .0400 - MANAGEMENT; USE; AND PROTECTION OF DEDICATED NATURE PRESERVES › Section 13H .0404 - NATURAL HERITAGE PROGRAM FEES; INVENTORY DATA, ENVIRONMENTAL SERVICES, AND DATA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Individuals may obtain access to Natural
				  Heritage Program (NHP) data by purchasing a subscription at
https://ncnhde.natureserve.org/
as set forth in Paragraph (b) of this Rule.
(b) Data subscriptions shall be available in
				  accordance with the following fee schedules:
(1)
				  Annual subscription for online project review: six hundred dollars ($600.00) per
				  individual user. Annual subscription shall include 12 months of access to reports
				  and maps of rare species, natural areas, and nature preserves related to a user
				  specified geographic location. Reviews conducted by NHP shall not be included with
				  an annual subscription. Access shall last for 12 months from the purchase date of
				  the subscription.
(2) Online project
				  review with no annual subscription: one hundred dollars ($100.00) per project review
				  request. Online project review with no annual subscription shall include a generated
				  map of a rare species, natural community, natural area, and nature preserves for
				  user specified geographic location.
(3)
				  Customized environmental review services: sixty-five dollars ($65.00) per hour.
				  Customized environmental review services shall include a report and a map, prepared
				  by NHP of rare species, natural communities, natural areas, and nature preserves
				  related to a user specified geographic location.
(4) Electronic Geographic Information Systems
				  (GIS) files of natural heritage element occurrence records: one hundred dollars
				  ($100.00) per county, species, or eight digit hydrologic unit code (HUC) established
				  by the U.S. Geological Survey. NHP shall provide updated GIS files upon request for
				  the same county, species, or eight digit HUC for a 12-month period from delivery of
				  the initial GIS files.
(5) Biological
				  field surveys: sixty-five dollars ($65.00) per hour. Biological field surveys shall
				  include an observation summary and habitat assessment of maps, rare species, natural
				  communities, natural areas, and nature preserves for the user specified project
				  area.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0100 - GENERAL PROVISIONS › Section 13I .0101 - EXPIRED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0101 Eff. April 1, 2017;
Expired
					 Eff. June 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0100 - GENERAL PROVISIONS › Section 13I .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever used in this Subchapter: "Natural area" means an area
					 within the state parks and recreation system where natural processes are allowed to
					 predominate and which is preserved for the primary purposes of resource
					 conservation, environmental education, or scientific research.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0102 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0200 - SELECTION CRITERIA › Section 13I .0201 - NATURAL FEATURES

Current through Register Vol. 39, No. 2, July 15, 2024
Natural features are of primary importance and shall receive
					 first consideration in establishing natural areas within the state parks and
					 recreation system. These features include, but are not limited to:
(1) formations or features of the natural
				  landscape significantly illustrating geological processes;
(2) significant fossil evidence of the development
				  of life on earth;
(3) exemplary or
				  representative ecological communities (terrestrial and aquatic) maintained under
				  prevailing natural conditions;
(4)
				  ecological communities significantly illustrating the processes of natural
				  succession, including examples of communities maintained or perpetuated by
				  fire;
(5) habitats supporting rare or
				  restricted species of plants or animals;
(6) flora or fauna persisting from an earlier
				  period;
(7) unique or unusual natural
				  features;
(8) seasonal havens for
				  concentrations of native animals, such as a bat colony or coastal bird
				  rookery;
(9) features of high natural
				  and aesthetic quality illustrating the scenic grandeur of North Carolina.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Transferred from
					 15A NCAC
					 12I .0201 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0200 - SELECTION CRITERIA › Section 13I .0202 - SITE EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
In assessing natural features, each site shall be evaluated with
					 respect to:
(1) presence of natural
				  features, not adequately represented in other protected natural areas;
(2) diversity of native flora and fauna;
(3) quality and condition of natural
				  features;
(4) viability and
				  self-sufficiency of the natural ecosystem when properly managed;
(5) extent to which past disturbances have altered
				  the natural features;
(6) degree of
				  vulnerability to disturbances and encroachments;
(7) capability of being managed so as to protect
				  and maintain natural conditions;
(8)
				  compatibility of protective management practices with current use of adjacent
				  lands;
(9) scientific and educational
				  value.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Transferred from
					 15A NCAC
					 12I .0202 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0200 - SELECTION CRITERIA › Section 13I .0203 - SIGNIFICANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Natural areas
				  selected to be brought into the state parks and recreation system by purchase or
				  gift shall be those which possess natural features of statewide significance. Only
				  areas of high natural or scenic quality or exceptional scientific and educational
				  value shall be considered for acquisition.
(b) Where appropriate, natural areas worthy of
				  permanent preservation but which are of less than statewide significance may be
				  designated on lands already administered by the Division of Parks and Recreation to
				  protect, preserve, and maintain one or more of the natural features listed in Rule
				  .0201 of this Subchapter.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Transferred from
					 15A NCAC
					 12I .0203 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0200 - SELECTION CRITERIA › Section 13I .0204 - SIZE AND BUFFER

Current through Register Vol. 39, No. 2, July 15, 2024
Sites selected as natural areas shall be large enough to insure
					 adequate buffer protection of the included natural features from external
					 disturbances and encroachments.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Transferred from
					 15A NCAC
					 12I .0204 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0200 - SELECTION CRITERIA › Section 13I .0205 - CONDITIONS INCONSISTENT WITH PRESERVATION

Current through Register Vol. 39, No. 2, July 15, 2024
Purchase or acceptance as a gift of property for establishment
					 of a natural area in the state parks and recreation system shall involve no
					 commitments, privileges, or conditions inconsistent with conservation and
					 maintenance of the property as a natural area.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Transferred from
					 15A NCAC
					 12I .0205 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0300 - NATURAL AREA CLASSIFICATION AND USE › Section 13I .0301 - SCIENTIFIC AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Natural areas shall be placed in the scientific area category
					 where appropriate and necessary to ensure special protection for scientific and
					 educational purposes. The scientific classification may be applied to an entire
					 natural area or to a designated portion. Areas so classified shall be limited to
					 access and use by responsible scientists and researchers, and to other individuals
					 and small groups for educational and research purposes under careful supervision.
					 Camping, picnicking, swimming, and other general recreational activities unrelated
					 to observation and scientific study shall not be permitted. Scientific areas shall
					 be closed to equestrian use. Roads, buildings, and other structures and improvements
					 shall not be constructed except those necessary for site protection, essential
					 research, and educational use of the area.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0301 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0300 - NATURAL AREA CLASSIFICATION AND USE › Section 13I .0302 - INTERPRETIVE AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Those areas which portray natural processes and features in an
					 exemplary way, and which are not subject to serious impairment if opened to public
					 visitation for nature study and interpretive use, shall be designated as
					 interpretive areas. Use shall be primarily for educational and interpretive purposes
					 with development limited to facilities necessary for safe access, sanitation, site
					 protection, and maintenance, and to provide adequate interpretive programs.
					 Interpretive areas and facilities shall not be used for general recreational
					 activities. Camping, picnicking, and swimming shall not be permitted. Trails shall
					 be limited to walking, hiking, and nature study, but special interpretive trails
					 with wheelchair access for the handicapped may be accommodated.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0302 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0300 - NATURAL AREA CLASSIFICATION AND USE › Section 13I .0303 - CONSERVATION AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Natural areas not otherwise identified as scientific areas or
					 interpretive areas shall be classified as conservation areas. Conservation areas
					 shall remain in their natural and undeveloped state but, where appropriate, may
					 accommodate primitive camping facilities, equestrian trails, bicycle trails, and
					 other compatible facilities in keeping with the preservation theme. Any or all uses,
					 activities, and facilities shall be subject to restriction where they conflict with
					 conservation needs. Conservation areas may be designated to provide buffer
					 protection for scientific and interpretive areas or be established as separate and
					 independent natural areas.
Authority
					 G.S.
					 113-3;
					 113-8;
					 143B-10;
					 143B-135.16;
Eff. August
					 15, 1981;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0303 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter I - NATURAL AREAS › Section .0400 - NATURAL AREA PROTECTION › Section 13I .0401-.0424

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 70-4;
					 113-3;
					 113-8;
					 113-35;
					 113-261;
					 113-272.4;
					 143B-10;
Eff. August 15,
					 1981;
Repealed Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 12I .0401-12I
					 .0424 Eff. April 1, 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0101 - EXPIRED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-135.66;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Amended
					 Eff. August 1, 1998;
Transferred from
					 15A NCAC
					 12K .0101 Eff. April 1, 2017;
Expired
					 Eff. June 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0102 - ELIGIBLE APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All county governments and incorporated municipalities of the
					 State are eligible to submit applications. Public authorities, as defined by
					 G.S.
					 159-7, are eligible applicants if they are
					 authorized to acquire land or develop facilities for public recreation purposes.
					 Eligible applicants may apply jointly for a project.
Authority
					 G.S.
					 143B-135.56;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Amended
					 Eff. August 1, 1998;
Temporary Amendment Eff. December 9,
					 2002;
Amended Eff. April 1, 2003;
Transferred from
					 15A NCAC
					 12K .0102 Eff. April 1, 2017;
Readopted Eff. June 1, 2020.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0103 - FUNDING CYCLE

Current through Register Vol. 39, No. 2, July 15, 2024
Annual funding schedule dates shall be the following:
(1) An announcement letter setting the application
				  deadline and how to apply shall be mailed to all eligible applicants, as described
				  in Rule .0102 of this Section, by November 1. This information shall be made
				  available to other interested parties who contact the Department of Natural and
				  Cultural Resources (Department) at: NC Division of Parks and Recreation, 1615 MSC,
				  Raleigh, North Carolina 27699-1615, as well as on the following website:
http://www.ncparks.gov/partf
.
(2) Eligible applicants, as described in Rule
				  .0102 of this Section, shall not request more than five hundred thousand dollars
				  ($500,000) in Parks and Recreation Trust Fund (PARTF) assistance with each
				  application.
(3) Applications shall be
				  received by the Department or its designee or postmarked no later than the deadline
				  date stated in the announcement letter for the current grant cycle pursuant to Item
				  (1) of this Rule. The Parks and Recreation Authority will set the deadline date for
				  between January 31 and May 30. If the deadline falls on a weekend or holiday,
				  applications shall be received by the Department or postmarked no later than the
				  following business day.
(4) The
				  Authority shall meet within 180 days of the application deadline to select projects
				  for funding.
Authority
					 G.S.
					 143B-135.56;
					 143B-135.200;
Temporary
					 Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule
					 becomes effective, whichever is sooner;
Eff. April 1, 1995;
Amended Eff. August 1, 2016; June 1, 2004; August 1, 1998;
Transferred
					 from 15A NCAC
					 12K .0103 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018;
Amended Eff. June 1,
					 2020.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0104 - APPLICATION SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-44.15;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Repealed
					 Eff. August 1, 1998;
Transferred from
					 15A NCAC
					 12K .0104 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0105 - EVALUATIONS OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order for an
				  application to be considered complete, an application shall include:
(1) Applicant's basic facts, such as applicant
				  name and contact information;
(2)
				  Description and justification for the project;
(3) Project costs;
(4) Source and amount of matching funds;
(5) Geographic location of the project;
(6) For projects that include the construction or
				  renovation of facilities:
(A) Project site
				  plan;
(B) Environmental review;
				  and
(C) Certification of site control by
				  the applicant's attorney, unless the construction or renovation is located on the
				  property acquired as part of the project; and
(7) For projects that include the acquisition of
				  land:
(A) Project conceptual plan;
(B) Identification and legal description of the
				  property to be acquired;
(C) Valuation
				  of the property to be acquired; and
(D)
				  For donated property, a history of the property's conveyances.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0107 - MATCHING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The donor of any
				  land must be an individual or private organization.
(b) If a landowner sells land to the applicant for
				  less than the appraised value, the amount of the donation shall be the difference
				  between the appraised value and the amount paid by the applicant.
(c) The value of capital improvements that are
				  located on the donated land and will be used for public recreation may be included
				  in the value of the donation.
(d) Land
				  that is transferred to the applicant due to a statute or rule shall not be
				  considered a donation.
(e) The applicant
				  must sign the grant agreement before taking title to donated land, unless a waiver,
				  as described in Rule .0106(f) of this Section, has been approved.
Authority
					 G.S.
					 143B-135.56;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Amended
					 Eff. August 1, 1998;
Temporary Amendment Eff December 9,
					 2002;
Amended Eff. April 1, 2003;
Transferred from
					 15A NCAC
					 12K .0107 Eff. April 1, 2017;
Readopted Eff. June 1, 2020.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0108 - ELIGIBLE PROJECTS AND COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) PARTF grants shall
				  be awarded to grantees for projects that are for the sole purpose of providing local
				  park and recreation opportunities to the public. Grantees may receive funds for the
				  following types of projects:
(1) Acquisition. Fee
				  simple acquisition of real property for future recreational development and to
				  protect areas with natural or scenic resources.
(A)
				  Grantees acquiring property for recreation development shall have up to five years
				  from when the Authority and the applicant sign the grant agreement to begin
				  developing recreation facilities.
(B)
				  Grantees acquiring property to protect areas with natural or scenic resources must
				  open these areas to the general public to the extent that the resources will not be
				  impaired.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0110 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department shall
				  perform progress inspections and a close-out inspection of the project site to
				  ensure compliance with the grant agreement and eligibility of the grantee(s) for
				  future program participation.
(b)
				  Grantees shall be responsible for conducting periodic inspections, occurring at
				  least once every five years, to ensure compliance with the grant agreement and
				  Paragraphs (c) and (f) of
				  07 NCAC
				  13K .0109.
(c) The Department or its designee shall conduct
				  random inspections to verify program compliance.
Authority
					 G.S.
					 143B-135.56;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Amended
					 Eff. August 1, 1998;
Transferred from
					 15A NCAC
					 12K .0110 Eff. April 1, 2017;
Readopted Eff. June 1, 2020.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0111 - PROGRAM ACKNOWLEDGMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-44.15;
Temporary Adoption Eff.
					 November 1, 1994, for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. April 1, 1995;
Repealed
					 Eff. August 1, 1998;
Transferred from
					 15A NCAC
					 12K .0111 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter A - INTRODUCTION › Section 14A .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter:
(1) "Council" means the North Carolina Zoological
				Park Council;
(2) "Department" means the
				North Carolina Department of Natural and Cultural Resources;
(3) "Foot Path or Trail" means any path or trail
				maintained for pedestrians;
(4) "Owner"
				means any person owning, leasing or having the exclusive use of property;
(5) "Zoo", "Park", and "Zoological Parks" mean
				those lands, facilities, programs, and other assets (including animals and plants)
				owned, controlled, or operated by the Department for the use of the North Carolina
				Zoological Park;
(6) "Permits" means any
				written license issued by or under authority of the Department permitting the
				performance of a specified act or acts;
(7) "Person" means any natural person,
				corporation, partnership, association, or governmental unit; and
(8) "Secretary" means the Secretary of the
				Department of Natural and Cultural Resources.
Authority
				  G.S.
				  143B-135.204(a);
Eff.
				  February 1, 1976;
Amended Eff. July 1, 1979;
Transferred
				  w/change from T15.12E Eff. August 1, 1982;
Amended Eff. August 2, 1993;
				  September 1, 1988; November 1, 1984; October 1, 1984;
Transferred from
				  15A NCAC
				  22A .0101 Eff. April 1, 2017;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without substantive
				  public interest Eff. May 1, 2018;
Amended Eff. September 1,
				  2021.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter A - INTRODUCTION › Section 14A .0102 - CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-264(a);
Eff.
				  February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
				  1982;
Repealed Eff. October 1, 1984;
Transferred from
				  15A NCAC
				  22A .0102 Eff. April 1,
				  2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter A - INTRODUCTION › Section 14A .0103-.0104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-264(a);
Eff.
				  February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
				  1982;
Amended Eff. October 1, 1984;
Transferred from
				  15A NCAC
				  22A .0103,
				  22A
				  .0104 Eff. April 1, 2017;
Expired Eff. June 1,
				  2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter A - INTRODUCTION › Section 14A .0105 - ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-264(a);
Eff.
				  February 1, 1976;
Legislative Objection Lodged Eff. July 20,
				  1982;
Transferred w/change from T15.12E Eff. August 1, 1982;
Curative Repeal Eff. August 23, 1982;
Transferred from
				  15A NCAC
				  22A .0105 Eff. April 1,
				  2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0100 - PRESERVATION OF THE ZOO › Section 14B .0101 - ANIMALS: FLOWERS: PLANTS: MINERALS

Current through Register Vol. 39, No. 2, July 15, 2024
No one except a Zoo employee or agent acting in performance of
					 his duties may remove, destroy or injure any animal or plant owned or controlled by
					 the Zoo.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0101 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0100 - PRESERVATION OF THE ZOO › Section 14B .0102 - BUILDINGS: SIGNS: AND STRUCTURES

Current through Register Vol. 39, No. 2, July 15, 2024
No one except a Zoo employee or agent acting in performance of
					 his duties shall injure, disturb or destroy any part of any Zoo area, including any
					 building, sign, equipment, or other property.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0102 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0200 - REFUSE AND RUBBISH › Section 14B .0201 - DISPOSAL OF REFUSE: GARBAGE: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-264(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Repealed Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0201 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0200 - REFUSE AND RUBBISH › Section 14B .0202 - POLLUTION OF WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
Bathing or washing is prohibited except in lavatory facilities
					 and for their designed uses, and except by Zoo employees or agents in the
					 performance of their duties.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0202 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0300 - TRAFFIC AND PARKING › Section 14B .0301 - VEHICLES WHERE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-264(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Repealed Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0301 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0300 - TRAFFIC AND PARKING › Section 14B .0302 - PARKING

Current through Register Vol. 39, No. 2, July 15, 2024
An owner or driver shall not cause or permit a vehicle to stand
					 anywhere in any park outside of designated parking spaces, except for a reasonable
					 time in order to receive or discharge passengers.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Transferred from
					 15A NCAC
					 22B .0302 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0300 - TRAFFIC AND PARKING › Section 14B .0303 - OBSTRUCTING TRAFFIC

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-264(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Repealed Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0303 Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0300 - TRAFFIC AND PARKING › Section 14B .0304 - SPEED LIMIT

Current through Register Vol. 39, No. 2, July 15, 2024
A rate of speed in excess of 25 miles per hour, or in excess of
					 the posted speed is prohibited.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Transferred from
					 15A NCAC
					 22B .0304 Eff. April 1, 2017;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0300 - TRAFFIC AND PARKING › Section 14B .0305-.0306 - VIEW INTO VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-264(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Repealed Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0305,
					 22B
					 .0306 Eff. April 1, 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 14 - NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS › Subchapter B - GENERAL PROVISIONS › Section .0400 - FIREARMS: FIRES: ETC › Section 14B .0401 - FIREARMS

Current through Register Vol. 39, No. 2, July 15, 2024
No one, except Zoo employees designated by the Director or his
					 or her designated representative, law enforcement officials with jurisdictional
					 authority, or other persons as defined in
					 G.S.
					 14-269(b) and
					 G.S.
					 14-415.27, may carry or possess firearms, airguns,
					 bows and arrows, slingshots, or deadly weapons of any kind as defined in
					 G.S.
					 14-269 within the Zoo.
Authority
					 G.S.
					 143B-135.204(a);
Eff.
					 February 1, 1976;
Transferred w/change from T15.12E Eff. August 1,
					 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 22B .0401 Eff. April 1, 2017;
Readopted Eff. September 1, 2021.