CHAPTER 08 ‑ LAND RECORDS MANAGEMENT DIVISION

18 NCAC 08 was transferred from 15A NCAC 15, effective November 25, 1991.

SECTION .0100 ‑ GENERAL

18 NCAC 08 .0101 PURPOSE

The purpose of the Land Records Management Division is to encourage county governments to utilize modern methods, techniques, equipment, and documentation which will improve the quality of public services with respect to land records and achieve a high degree of standardization throughout the state. The program provides technical assistance and grant funds for the improvement of county land records. Since the funds available in any one year are sufficient to meet only a part of the total need, in making grants the state will consider:

(1) the creation of a more efficient standardized land record system; and

(2) the willingness and ability of local government units to meet their responsibilities through sound fiscal policies, creative planning, and efficient operations and management.

History Note: Authority G.S. 102‑15; 147‑54.3;

Eff. February 27, 1979;

Transferred from 01 NCAC 21 effective August 25, 1986;

Amended Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0102 FUNCTIONS

The Land Records Management Division shall provide statewide coordination, technical advice, policy guidance, and financial assistance to county governments with respect to all records pertaining to land parcels.

History Note: Authority G.S. 102‑15 through 102‑17; 147-54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0103 COUNTY PARTICIPATION

Participation by county governments in the land records modernization program, as set forth in Sections .0100 through .1000 of this Chapter is entirely voluntary and is initiated only by an action of the board of county commissioners. If a board of commissioners chooses to initiate a land records modernization program and applies for a grant from this Department, the applicant shall adhere to all rules and procedures pursuant to Sections .0100 through .1000 of this Chapter.

History Note: Authority G.S. 102‑16; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0104 ADMINISTRATION

Administration of the Land Records Management Division shall be in accordance with the administrative rules prepared by the Secretary of State and made available to county governments from the Land Records Management Division , North Carolina Department of the Secretary of State.

History Note: Authority G.S. 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0105 DEFINITIONS OF TERMS

The definitions in this Rule shall apply to the terms used in this Chapter:

(1) "Act" means the Act to Provide Assistance to Counties for Improvement of Land Records, Chapter 1099, 1977 N.C. Session Laws.

(2) "Applicant" means a board of county commissioners.

(3) "Department" means the North Carolina Department of the Secretary of State.

(4) "Division" means the Land Records Management Program established in G.S. 147-54.3 and the statewide program for improvement of county land records.

(5) "Effective Date of Receipt of Applications" means the first day of the next quarter of the fiscal year (July 1, October 1, January 1, April 1) following actual receipt of the application in the Department.

(6) "Grant Allotment" means an agreement to pay grant funds in a lump sum or in installments to an applicant in accordance with the terms of the agreement. For this purpose, allotments shall in no case exceed one dollar ($1.00) for every dollar of local tax funds expended on the project by the County. Federal or other state funds available to the project will not be eligible as matching money under the state program.

(7) "Inspection" means inspection or inspections of a project for which a grant has been made under the Act to determine compliance with applicable state and local laws and rules.

(8) "Project" means the work or works described in the application for a state grant, and which is to be undertaken by the County if a state grant is awarded and other required funds are obtained. It does not include any expansion of the project described in the application except as may be permitted under the provisions of Rule .0502 of this Chapter.

History Note: Authority G.S. 102-15; 102-16; 102-17; 147-54.3;

Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0200 ‑ DEFINITIONS

18 NCAC 08 .0201 LIMITATION

18 NCAC 08 .0202 ACT

18 NCAC 08 .0203 DEPARTMENT

18 NCAC 08 .0204 EFFECTIVE DATE OF RECEIPT OF APPLICATION

18 NCAC 08 .0205 GRANT ALLOTMENTS

18 NCAC 08 .0206 INSPECTION

18 NCAC 08 .0207 APPLICANT

18 NCAC 08 .0208 LAND RECORDS MANAGEMENT DIVISION

18 NCAC 08 .0209 PROJECT

History Note: Authority G.S. 102‑15 through 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. April 1, 1990; April 1, 1988;

Repealed Eff. November 1, 1994.

SECTION .0300 ‑ PROJECTS

18 NCAC 08 .0301 ELIGIBLE PROJECTS

Grants are available for projects which constitute one or more phases of a plan to standardize the county land records management systems. Any such plan must describe the work to be undertaken in relation to the county's revaluation schedule, and shall be shown to be a part of a larger undertaking for achieving ultimate long‑term improvement in the land records maintained by the county register of deeds, the county tax supervisor, or other county offices.

History Note: Authority G.S. 102‑15 through 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0302 DESCRIPTION OF PROJECTS

Projects may include preparation of base maps, preparation of cadastral maps, utilization of a standard parcel identifier, or preparation and implementation of automated processing of land parcel records, as set forth in G.S. 102‑17.

History Note: Authority G.S. 102‑17; 143‑345.6; 161‑22.2;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0400 ‑ ELIGIBLE APPLICANTS

18 NCAC 08 .0401 COUNTY COMMISSIONERS

The board of county commissioners of each county shall be eligible to apply for grants to assist in the financing of projects.

History Note: Authority G.S. 102‑15 through 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0402 QUALIFICATIONS

No applicant shall be eligible for the award of a grant unless it demonstrates to the satisfaction of the Department the following:

(1) the applicant is a board of county commissioners;

(2) the applicant has the financial capacity to provide its share of the project costs. To the extent that the costs are to be provided on a pay‑as‑you‑go basis, the full amount indicated from this source shall be represented by cash on hand or cash expected to be included in the applicant's annual budget for the years in which payments under the project contract will be due. To the extent that borrowed funds are anticipated, the applicant shall certify that the additional debt, together with the applicant's existing debt, is within the debt limitation provisions of the general laws of the state. In making this determination, the Department may, in its discretion, seek the comments of the secretary of the local government commission when the applicant proposes the use of borrowed funds; and

(3) the applicant has complied or will comply with all applicable laws, rules, and ordinances, state and local.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0500 ‑ FUNDING

18 NCAC 08 .0501 GRANT LIMITATIONS

Grants shall be made in such amount as the Department shall deem necessary or appropriate under the circumstances of the grant application, but in no event shall any grant award exceed one dollar for every dollar of local tax funds expended on the project by the county.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0502 SUPPLEMENTAL GRANTS

Supplemental grants may be made for those approved projects for which a grant has already been awarded provided that additional matching funds are available and the supplemental grant is required for continued improvement in the county land records management program.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0503 ELIGIBLE PROJECT COSTS

Eligible costs may include the cost of purchase or acquisition of capital equipment or interests therein. Eligible costs are limited to the actual costs of the work or works described in the project application for a state grant and do not include recurring annual expenditures for administration, repairs, operation and maintenance of any land records management systems. No interest cost will be allowed.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0600 ‑ APPLICATIONS

18 NCAC 08 .0601 SUBMITTING APPLICATIONS

Applications for project grants for improvement or expansion of land records management systems shall be submitted to the Division on the Land Records Management Grant Application. Applications and all supporting documentation shall be submitted in such number and in such form as specified.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0602 INSUFFICIENT INFORMATION

Any application which does not contain information sufficient to permit the Department to determine either the eligibility of the applicant or the assignment of a priority shall not be deemed as received until such information is furnished by the applicant to the Departments.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0603 ADDITIONAL INFORMATION

An applicant shall furnish information supplemental to the information contained in its application and supporting documentation upon request by the Department.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0604 AMENDMENTS

An applicant may amend a pending application to include additional data or information in support of its original application at any time prior to the date on which the final priority to be assigned to the application is determined.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0605 WITHDRAWAL

An application may be withdrawn from consideration upon request of the applicant and, if resubmitted, shall be considered as a new application.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0700 ‑ DETERMINATION OF ELIGIBILITY

18 NCAC 08 .0701 ELIGIBLE APPLICATIONS

(a) Each application, and supporting documents, shall be reviewed by the Department to determine if it contains all required information and meets grant eligibility requirements.

(b) Each applicant will be notified by the Department within 30 days of the actual date of receipt of the application, of its eligibility for consideration for a project grant award.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0702 INELIGIBLE APPLICATIONS

Ineligible applications will be returned to the applicant along with appropriate explanation of the eligibility.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0800 ‑ CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS

18 NCAC 08 .0801 PRIORITIES

(a) Each eligible application shall be assigned a priority for grant funds through use of the point system outlined in this Section.

(b) In determining the priority to be assigned to each eligible application, the Department will give consideration to the following factors:

(1) Primary consideration shall be given to those counties with long‑range plans for the modernization of their land records.

(2) Consideration shall be given to those counties which demonstrate a willingness to cooperate with all county offices involved with land records.

(3) Consideration shall be given to those counties which have allocated funds for the modernization of land records.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0802 CATEGORIES

(a) Applications shall be separated into categories for assignment of priority points.

(b) Separate priorities will be established within each of the following categories:

(1) county has plan which has not been initiated;

(2) county has initiated its plan and prepared base maps;

(3) county has initiated its plan and prepared cadastral maps;

(4) county has initiated its plan and assigned parcel identifiers;

(5) county has initiated its plan and implemented an automated system.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0803 POINT SYSTEM

Within each category in Rule .0802 of this Section, priority points will be assigned in the amounts indicated in this Rule for the following factors:

(1) Comprehensive long range county plan for modernization of land records (maximum ‑‑ 15 points);

(2) Establishment of an office of land records manager (maximum ‑‑ 15 points);

(3) Quality and detail of project description (maximum ‑‑ 10 points);

(4) Fiscal responsibility of the applicant (maximum ‑‑ 30 points):

(a) adequate current appropriations provided (maximum ‑‑ 15 points);

(b) bond issue or other financing provided (maximum ‑‑ 15 points);

(5) Status of Program. Points will be assigned in the following categories for completion of the tasks indicated according to specifications available from the Division (maximum ‑‑ 30 points):

(a) Aerial photography (maximum ‑‑ five points);

(b) Base maps (maximum ‑‑ five points);

(d) Parcel Identifiers. For each of the offices listed below which utilize assigned parcel identifiers, points will be awarded as follows: three points for each of the first two offices and one point for each additional office (maximum ‑‑ 10 points):

(i) register of deeds,

(ii) tax supervisor,

(iii) clerk of court,

(iv) county planner,

(v) building inspector, and

(vi) other identified;

(e) Automated system implemented (maximum ‑‑ five points);

(f) One point shall be awarded if applicant has not received prior funding under this program;

(g) Administrative Discretion. Points may be awarded at the discretion of the secretary of the department for favorable circumstances not covered by the criteria in other parts of this Rule (maximum ‑‑ five points).

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .0900 ‑ GRANT AWARDS

18 NCAC 08 .0901 CERTIFICATE OF ELIGIBILITY

The land records management office shall forward to the secretary of the department a certificate indicating each land records management project eligible to receive a grant offer. This certificate of eligibility shall indicate the recommended amount of funding and the fiscal quarter in which the grant offer should be made.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0902 GRANT OFFER

Based on the total number of points assigned the application, grants shall be offered in the descending order of total points assigned all applications which are eligible for consideration during a given quarter.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0903 WITHDRAWAL OF GRANT OFFER

Failure of an applicant to arrange for necessary financing of the proposed projects, to award a contract (if necessary) for all or part of the proposed project and to fully execute a contract with the department for the payment of grant funds, within the fiscal quarter following the quarter in which the grant offer is made shall be sufficient cause for withdrawal of the grant offer. Prior to withdrawal of a grant offer, the department shall give due consideration to any extenuating circumstances presented by the applicant as reasons for such failure and the grant offer may be extended for an additional period of time if, in the judgment of the Department, such an extension is justified. Extenuating circumstances that shall justify an extension may include, but shall not be limited to, the following:

(1) a delay in contractor negotiations;

(2) a change in key personnel; or

(3) other situations that may occur beyond the control of the party seeking the extension.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .0904 FAILURE TO QUALIFY FOR GRANT AWARDS

(a) Upon determination that applicant will not receive a grant offer, the department shall so inform applicant.

(b) If an applicant does not receive a grant offer in the quarter of the fiscal year in which the application is first eligible, the application shall again be considered for a grant offer during the next three succeeding quarters upon written request of the applicant.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .1000 ‑ PAYMENT OF GRANTS

18 NCAC 08 .1001 REQUESTS FOR PAYMENT

Requests for payment of any grant funds awarded shall be made by the grant recipient to the land records management office. Following review, inspection, or audit, the land records management office shall notify the department as to whether or not the grant payment should be made.

History Note: Authority G.S. 102‑15; 102‑17; 143‑345.6;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1002 INSPECTION OF PROJECT

(a) A project for which a grant has been made may be inspected by the Division to determine the degree of completion of the project, and compliance with applicable laws and rules.

(b) Inspections shall be made by personnel of the Division, by professional engineers, or by other state personnel who are approved by the Department to make such inspection(s). If a federal agency makes an inspection of the project, such inspection may, at the sole discretion of the department, be accepted in lieu of an inspection by state personnel.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1003 AUDIT OF PROJECTS

(a) An audit shall be required for each project for which a state grant has been made.

(b) If a federal agency making a grant to a project for which a state grant is made is required to make an audit or audits of the project, such audits may, at the discretion of the Department, be accepted in lieu of audits by state personnel or independent auditors as approved by the local government commission. Matching grant funds shall not be used to carry out audits.

History Note: Authority G.S. 102‑15; 102‑17; 147‑54.3;

Eff. February 27, 1979;

Transferred from T01.21 effective August 25, 1986;

Amended Eff. November 1, 1994; April 1, 1990; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

SECTION .1100 ‑ MINIMUM STANDARDS FOR INDEXING LAND RECORDS

18 NCAC 08 .1101 INTRODUCTION AND PURPOSE

(a) The Registers of Deeds of North Carolina are dedicated to sound management practices, progressive land records modernization efforts, and the best possible assistance to the citizens who depend on their services. Toward this end, the N.C. Association of Registers of Deeds, in conjunction with the Real Property Section of the N.C. Bar Association, developed indexing standards which shall be administered statewide beginning January 1, 1995. The standards will bring uniformity to the methods used for indexing land records documents in each Registers of Deeds office and will ultimately benefit every person who uses a Register of Deeds facility in conducting any phase of a land parcel and title search.

(b) The Land Records Management Division, hereinafter referred to as "Division", is responsible for encouraging local and county governments to utilize modern methods, techniques, equipment, and documentation which will improve the quality of public service with respect to land records and to achieve a high degree of standardization throughout the State. The Division also provides technical assistance to local and county governments in their efforts to further enhance their abilities to provide the best possible service to their public.

(c) The Indexing Standards, hereinafter referred to as "Standards", published in August 1990 and approved by the N.C. Association of Registers of Deeds in September 1990, and by the Real Property Section of the N.C. Bar Association in November 1990, are hereby incorporated by reference including any subsequent amendments and editions. The Standards contain uniform procedures to be used by all Registers of Deeds for indexing land records. Copies of the Standards may be viewed or obtained by contacting the Land Records Management Division, N.C. Department of the Secretary of State, P.O. Box 29626, Raleigh, NC 27626-0626, (919) 814-5455. The cost for receiving a copy of the standards will be twenty cents per page ($.20) to cover reproduction and postage.

History Note: Authority G.S. 147‑37; 147‑54.3 (b1); 150B‑21.6; 161‑22.3;

Eff. August 3, 1992;

Amended Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017;

Amended Eff. October 1, 2019.

18 NCAC 08 .1102 TECHNICAL ASSISTANCE

The Division shall make every effort, within reason, depending on financial and personnel resources, to assist any Register of Deeds in making the transition to the Standards. Requests for assistance from Registers of Deeds shall be in writing and submitted to the Division at the address contained in Rule .1101 of this Section. The requests for assistance shall describe in detail the problems encountered and types of assistance needed in making the transition.

History Note: Authority G.S. 147‑54.3 (b); 147‑54.3 (b1); 147‑54.3 (e); 161.22.3;

Eff. August 3, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1103 COMPLIANCE REVIEWS

In order to determine that full statewide compliance with the standards has been accomplished and to assess additional needs of assistance, the Division may periodically make on‑site visits to Registers of Deeds operations and advise Registers of Deeds of their compliance or non-compliance. The Division shall make on-site visits only after being requested to do so pursuant to Rule .1102 of this Section.

History Note: Authority G.S. 147‑54.3 (b); 147‑54.3 (b1); 161‑22.3;

Eff. August 3, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1104 LAND RECORDS ADVISORY COMMITTEE ON INDEXING, COMPUTERIZATION

The Land Records Advisory Committee on Indexing and Computerization (hereinafter referred to as "Committee") is an established standing committee of the N.C. Association of Registers of Deeds. The Committee was appointed for the purpose of obtaining the goals and objectives that have been set by the General Assembly relative to the Land Records Management Division and the Registers of Deeds offices throughout the State. The Committee provides the Division with expertise, advice, and guidance with regard to the statewide modernization of land records in general, and specifically the implementation of uniform indexing standards. The Committee's guidance will be essential to the Division's ability to provide knowledgeable technical assistance to each county's efforts in complying with the Standards. Included in the Committee's functions shall be recommendations for additional standards of indexing and changes to the existing standards.

History Note: Authority G.S. 147‑54.3 (b); 147‑54.3 (b1); 161‑22.3;

Eff. August 3, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017;

Amended Eff. October 1, 2019.

SECTION .1200 ‑ MINIMUM CERTIFICATION REQUIREMENTS FOR LOCAL GOVERNMENT PROPERTY MAPPERS

18 NCAC 08 .1201 INTRODUCTION AND PURPOSE

(a) The Department of the Secretary of State (hereinafter referred to as Department), has developed minimum certification requirements for property mappers in North Carolina. These requirements are set forth in the rules of this Section. The purposes of these requirements are as follows:

(1) to insure that property mappers employed by local governments have every opportunity to expand their professional knowledge of new and state‑of‑the‑art mapping technologies;

(2) to insure that property mappers have continual access to recognized courses of instruction in the principles of property mapping, and are cognizant of state laws and established standards pertaining to listing, appraisal, and assessment of real property for taxation purposes; and

(3) to insure that the State's investments through grant awards are used wisely and expertly by the local government personnel who are responsible for creating and maintaining large scale cadastral maps which may be financed, in part, by these funds.

(b) Copies of the requirements contained in this Section, as well as related laws, may be viewed or obtained by contacting the Land Records Management Division, Department of the Secretary of State, P.O. Box 29626, Raleigh, NC 27626-0626, (919) 814-5455. The cost of copies will be twenty cents ($.20) per page to cover re‑production and postage.

History Note: Authority G.S. 147‑37; 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017;

Amended Eff. October 1, 2019.

18 NCAC 08 .1202 DEFINITIONS

In addition to the terms defined in G.S. 147‑54.4(a)(1), the following definitions shall apply to the rules in this Section:

(1) "AM/FM" means Automated Mapping and Facilities Management.

(2) "ASPRS" means the American Society for Photogrammetry and Remote Sensing.

(3) "Division" means the Land Records Management Division of the N.C. Department of the Secretary of State.

(4) "GIS/LIS" means Geographic Information Systems/Land Information Systems.

(5) "IAAO" means the International Association of Assessing Officers.

(6) "IOG" means the N.C. Institute of Government.

(7) "NCPMA" means the North Carolina Property Mappers Association.

(8) "URISA" means the Urban and Regional Information Systems Association.

History Note: Authority G.S. 147‑54.4(a); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1203 ELIGIBILITY

Persons who are eligible to apply for certifications are defined in G.S. 147‑54.4(a) and (b).

History Note: Authority G.S. 147‑54.4(a); 147‑54.4(b); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1204 APPLICATION PROCEDURES FOR CERTIFICATION

Eligible persons shall apply for certification by completing a Certification Application made available by the Department. The applicant shall include all documentation and fees as required in Rules .1206 and .1207 of this Section prior to being considered for certification.

History Note: Authority G.S. 147‑54.4(d); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1205 APPLICATION PROCEDURES FOR RENEWAL

The Division shall mail renewal notifications to each property mapper whose certification is about to expire. The renewal notifications shall be mailed out on approximately October 1 and shall be returned by the property mapper with adequate documentation by December 1 in the year in which the property mapper's certification expires. For the convenience of the property mapper, the Division shall also send a Certification Application along with this notification accompanied by necessary instructions.

History Note: Authority G.S. 147‑54.4(d); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1206 REQUIRED DOCUMENTATION

In order to be considered for certification or recertification, the applicant shall supply the Department with appropriate documents that give evidence that the applicant has completed the required courses, credit hours of instruction and examination as described in Rules .1208 and .1209 of this Section. This evidence may come in various forms including receipts, certificates, diplomas, and affidavits. This documentation shall accompany the completed application. If the Department determines that the documentation is inadequate, the application shall be deemed incomplete and shall be returned to the applicant with a request for more information. The applicant shall submit adequate documentation to the Department within 15 calendar days of this request.

History Note: Authority G.S. 147‑54.4(b); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1207 FEES

Applications for certification and renewal shall be accompanied by the proper fees as set out in G.S. 147‑54.4(d). Checks or money orders made payable to the "State of North Carolina/General Fund" shall be accepted for payment of fees.

History Note: Authority G.S. 147‑54.4(d); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1208 INSTRUCTION AND EXAMINATION FOR INITIAL CERTIFICATION

(a) An applicant shall attend the following courses of instruction to be considered for initial certification:

(1) IOG Listing & Assessing Class.

(2) NCPMA Mapping School.

(b) An applicant shall also obtain a passing score on the following examinations prior to receiving initial certification by the Department:

(1) TOG Listing & Assessing Exam.

(2) NCPMA's Certified Property Mappers Exam.

History Note: Authority G.S. 147‑54.4(b); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1209 COURSES OF INSTRUCTION FOR RECERTIFICATION

(a) The courses of instruction with corresponding hours that will be credited toward recertification are as follows:

COURSE HOURS

(1) AM/FM International 24 hours

(2) GIS/LIS 24 hours

(3) IAAO Course #6 24 hours

(4) IOG Listing & Assessing 16 hours per year

(5) National URISA 24 hours

(6) NC ASPRS 8 hours per year

(7) NC GIS Conference 8 hours per year

(8) NC Surveyors Conference 16 hours per year

(9) NC URISA 4 hours per year

(10) NCPMA Fall Conference 16 hours per year

(11) NCPMA GIS Conference 8 hours per year

(12) NCPMA Mapping School 24 hours

(13) NCPMA Regional Workshops 8 hours (one day

conference) or

16 hours (two day

conference) per year

(14) Society of Surveyors Chapter Meetings 2 hours (No more

than 12 hours credit

shall be allowed

for this course in

a two year period.)

(15) Surveyors Institute 24 hours

(16) URISA Workshop 8 hours (one day

conference) or

16 hours (two day

conference) per year

(b) An applicant shall complete at least 24 hours of the courses listed in Paragraph (a) of this Rule every two years to be considered for recertification. The credit hours may include a combination of courses with the maximum number of hours as specified in Paragraph (a) of this Rule equaling 24 hours or one course equaling 24 hours.

History Note: Authority G.S. 147‑54.4(b); 147‑54.4(c); 147‑54.4(e);

Eff. March 1, 1994;

Amended Eff. November 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1210 CERTIFICATION SCHEDULE

(a) Local government property mapper initial certifications are effective upon approval by the Department and shall expire on December 31 of the second calendar year following such approval. Renewals are effective on January 1 and shall expire on December 31 of the second calendar year following such renewal. The fee submitted with the application or renewal shall be the fee pursuant to G.S. 147‑54.4(d) and shall not be prorated, regardless of the month in which the application is received for consideration.

(b) If the property mapper allows his certification to lapse beyond 30 days, he will be required to meet the requirements as described in Rule .1208 of this Section.

History Note: Authority G.S. 147‑54.4(b); 147‑54.4(c); 147‑54.4(d); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1211 APPLICATION REVIEW

The Department, with assistance from the Certification Board of the NCPMA, shall review each application to insure that the applicant is eligible, has completed all the necessary courses, and has succeeded in submitting all the required documents and fees.

History Note: Authority G.S. 147‑54.4(b); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1212 NORTH CAROLINA CERTIFIED PROPERTY MAPPER CERTIFICATE

Upon meeting the criteria set forth in G.S. 147‑54.4 and the rules of this Section, the property mapper shall receive his certificate and personal certificate number within 30 days of submitting his application for certification or renewal. If the application has to be returned for any reason, (e.g., incomplete documentation pursuant to Rule .1206 of this Section) the property mapper shall receive his certificate within 30 days of submitting a new application or additional documentation or both.

History Note: Authority G.S. 147‑54.4;

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.

18 NCAC 08 .1213 TERMINATION OF LOCAL GOVERNMENT EMPLOYMENT

The termination of employment shall automatically disqualify the property mapper for renewal of certification.

History Note: Authority G.S. 147‑54.4(a); 147‑54.4(b); 147‑54.4(e);

Eff. March 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.