North Carolina General Statutes 106-1015. Cost-share agreements
(a) In order to receive forest development cost-share payments, an eligible landowner shall enter into a written agreement with the Department describing the eligible land, setting forth the approved practices implemented for the area and covered by the approved forest management plan, and agreeing to maintain those practices for a 10-year period.
(b) In the absence of Vis major or Act of God or other factors beyond the landowner’s control, a landowner who fails to maintain the practice or practices for a 10-year period in accordance with the agreement set forth in subsection (a) of this section shall repay to the Fund all cost-sharing funds received for that area.
(c) If the landowner voluntarily relinquishes control or title to the land on which the approved practices have been established, the landowner shall:
(1) Obtain a written statement, or a form approved by the Department, from the new owner or transferee in which the new owner or transferee agrees to maintain the approved practices for the remainder of the 10-year period; or
Terms Used In North Carolina General Statutes 106-1015
- Approved forest management plan: means the forest management plan submitted by the eligible landowner and approved by the Commissioner. See North Carolina General Statutes 106-1012
- Department: means the Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-1012
- Eligible land: means land owned by an eligible landowner. See North Carolina General Statutes 106-1012
- Eligible landowner: means a private individual, group, association or corporation owning land suitable for forestry purposes. See North Carolina General Statutes 106-1012
- Maintain: means to retain the reforested area as forestland for a 10-year period and to comply with the provisions in the approved forest management plan. See North Carolina General Statutes 106-1012
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) Repay to the Fund all cost-sharing funds received for implementing the approved practices on the land.
If a written statement is obtained from the new owner or transferee, the original landowner will no longer be responsible for maintaining the approved practices or repaying the cost-sharing funds. The responsibility for maintaining those practices for the remainder of the 10 years shall devolve to the new owner or transferee. (1997-352, s. 2; 2011-145, s. 13.25(gg).)