(a)  The specific conditions, clauses, specifications, and terms of a preservation or conservation agreement shall be determined through negotiation between the grantor and grantee.

(b)  If the state is a party to the agreement, terms addressing the appropriate and long term preservation of the property shall include:

(1)           duration of the agreement;

(2)           specific methods and techniques for maintaining and administering the property;

(3)           public access or denial thereof;

(4)           provisions for seeking changes or alterations in the property and the agreement;

(5)           provisions for inspection of the property by the grantee;

(6)           provisions for seeking restitution of and remedies for breach of the terms of agreement by either the grantor or grantee;

(7)           procedures for seeking and granting consent or disapproval for proposed changes or alterations in the property or the agreement and for appealing any such actions;

(8)           any special provisions necessary for the effective and long term preservation of the property.


History Note:        Authority G.S. 121‑2(4),(5); 121‑9(b)(c); 121‑35; 121‑38; 121‑39;

Eff. February 1, 1985;

Amended Eff. June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.