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N.C. Gen. Stat. § 143B-135.242

North Carolina Land and Water Fund Board of Trustees: powers and duties

Redline — June 1, 2021 → current.View current text →
Current — June 1, 2022
As of June 1, 2021
(1) Allocate Grant Funds. - The Trustees shall allocate moneys from the Fund as grants. A grant may be awarded only for a project or activity that satisfies the criteria and furthers the purposes of this Part.
(1) Allocate Grant Funds. — The Trustees shall allocate moneys from the Fund as grants. A grant may be awarded only for a project or activity that satisfies the criteria and furthers the purposes of this Part.
(2) Develop Grant Criteria. - The Trustees shall develop criteria for awarding grants under this Part. The criteria developed shall include consideration of the following: The significant enhancement and conservation of water quality in the State.
(2) Develop Grant Criteria. — The Trustees shall develop criteria for awarding grants under this Part. The criteria developed shall include consideration of the following: The significant enhancement and conservation of water quality in the State.
(3) The objectives of the various basinwide management plans for the State’s river basins and watersheds.
(3) The objectives of the various basinwide management plans for the State’s river basins and watersheds. (2a) The objectives of basinwide integrated water management plans developed and adopted at the regional level.
(4) The objectives of basinwide integrated water management plans developed and adopted at the regional level.
(5) The promotion of regional integrated ecological networks insofar as they affect water quality.
(4) The promotion of regional integrated ecological networks insofar as they affect water quality.
(6) The specific areas targeted as being environmentally sensitive.
(5) The specific areas targeted as being environmentally sensitive.
(7) The geographic distribution of funds as appropriate.
(6) The geographic distribution of funds as appropriate.
(8) The preservation of water resources with significant recreational or economic value and uses.
(7) The preservation of water resources with significant recreational or economic value and uses.
(9) The development of a network of riparian buffer-greenways bordering and connecting the State’s waterways that will serve environmental, educational, and recreational uses.
(8) The development of a network of riparian buffer-greenways bordering and connecting the State’s waterways that will serve environmental, educational, and recreational uses.
(10) Water supply availability and the public’s need for resources adequate to meet demand for essential water uses. Criteria developed pursuant to this subdivision may include the value of preserving capacity by preventing sedimentation and nutrient pollution.
(9) Water supply availability and the public’s need for resources adequate to meet demand for essential water uses. Criteria developed pursuant to this subdivision may include the value of preserving capacity by preventing sedimentation and nutrient pollution.
(11) The protection or preservation of land with outstanding natural or cultural heritage values.
(10) The protection or preservation of land with outstanding natural or cultural heritage values.
(12) The protection or preservation of land that contains a relatively undisturbed and outstanding example of a native North Carolina ecological community that is now uncommon; contains a major river or tributary, watershed, wetland, significant littoral, estuarine, or aquatic site, or important geologic feature; or represents a type of landscape, natural feature, or natural area that is not currently in the State’s inventory of parks and natural areas.
(11) The protection or preservation of land that contains a relatively undisturbed and outstanding example of a native North Carolina ecological community that is now uncommon; contains a major river or tributary, watershed, wetland, significant littoral, estuarine, or aquatic site, or important geologic feature; or represents a type of landscape, natural feature, or natural area that is not currently in the State’s inventory of parks and natural areas.
(13) The protection or preservation of a site or structure that is of such historical significance as to be essential to the development of a balanced State program of historic properties.
(12) The protection or preservation of a site or structure that is of such historical significance as to be essential to the development of a balanced State program of historic properties.
(14) The rate and likelihood of land-use change and development, where such data is available.
(13) The rate and likelihood of land-use change and development, where such data is available.
(15) Priority shall be given to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government unit, or a nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State’s cultural, environmental, or natural resources.
(14) Priority shall be given to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government unit, or a nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State’s cultural, environmental, or natural resources.
(16) Develop Additional Guidelines. — The Trustees may develop guidelines in addition to the grant criteria consistent with and as necessary to implement this Part.
(15) Develop Additional Guidelines. — The Trustees may develop guidelines in addition to the grant criteria consistent with and as necessary to implement this Part.
(17) Acquisition of Land. — The Trustees may acquire land by purchase, negotiation, gift, or devise. Any acquisition of land by the Trustees must be reviewed and approved by the Council of State and the deed for the land subject to approval of the Attorney General before the acquisition can become effective. In determining whether to acquire land as permitted by this Part, the Trustees shall consider whether the acquisition furthers the purposes of this Part. Nothing in this section shall allow the Trustees to acquire land under the right of eminent domain.
(16) Acquisition of Land. — The Trustees may acquire land by purchase, negotiation, gift, or devise. Any acquisition of land by the Trustees must be reviewed and approved by the Council of State and the deed for the land subject to approval of the Attorney General before the acquisition can become effective. In determining whether to acquire land as permitted by this Part, the Trustees shall consider whether the acquisition furthers the purposes of this Part. Nothing in this section shall allow the Trustees to acquire land under the right of eminent domain.
(18) Exchange of Land. — The Trustees may exchange any land they acquire in carrying out the powers conferred on the Trustees by this Part.
(17) Exchange of Land. — The Trustees may exchange any land they acquire in carrying out the powers conferred on the Trustees by this Part.
(19) Land Management. — The Trustees may designate managers or managing agencies of the lands acquired under this Part.
(18) Land Management. — The Trustees may designate managers or managing agencies of the lands acquired under this Part.
(20) Rule-making Authority. — The Trustees may adopt rules to implement this Part. Chapter 150B of the General Statutes applies to the adoption of rules by the Trustees.
(19) Rule-making Authority. — The Trustees may adopt rules to implement this Part. Chapter 150B of the General Statutes applies to the adoption of rules by the Trustees.
History
(1996, 2nd Ex. Sess., c. 18, s. 27.6(a), (c); 1999-237, s. 15.11; 2003-340, s. 1.3; 2004-179, s. 4.5; 2011-374, s. 2.4; 2013-360, s. 14.3(f); 2013-414, s. 58(b); 2014-3, s. 14.14(f); 2014-100, s. 14.8(e); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).)
Clean Water Conservation. - Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects. Session Laws 2004-179, s. 4.2 provides: "Identification of Clean Water Projects. - The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects:
"(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.
"(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion."
Session Laws 2004-179, ss. 8.1 and 8.2, provide: "SECTION 8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.
"SECTION 8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain."

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.