07 NCAC 13H .0205          RESCISSION

(a)  The registration agreement may be terminated at any time upon notification by either party. Such termination shall remove the area from the Registry.

(b)  Any person may submit a written request to the Department to remove an area from the Registry if he or she believes the site no longer meets the criteria for registration as set forth in Rule .0202 of this Section.  The request for removal shall explain the changes that have occurred to the area since the area was registered and why the area no longer meets the criteria in Rule .0202 of this Section.  All requests made under this Rule shall be submitted to the North Carolina Natural Heritage Program, 1651 Mail Service Center, Raleigh, North Carolina 27699.  After considering the request, the Secretary, upon recommendation of the Natural Heritage Program staff and Natural Heritage Advisory Committee, may order removal from the Registry as set forth in G.S. 143B-135.258.

(c)  Rescission shall remove the area from the Registry of Natural Heritage Areas, and the owner or administering agency shall be requested to return the certificate to the agency signifying the area's inclusion on the Registry, as set forth in G.S. 143B-135.256. 

(d)  Any person aggrieved by any of the steps in the process described in this Rule may seek an administrative hearing as set forth in G.S. 150B-23.


History Note:        Authority G.S. 143B-135.256; 143B-135.258;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; January 1, 1986; October 1, 1984;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0205 Eff. April 1, 2017.