CHAPTER 58 - AGRICULTURAL DEVELOPMENT AND FARMLAND
PRESERVATION TRUST FUND
SECTION .0100 - GENERAL PROVISIONS
02 NCAC 58 .0101 PURPOSE
This Chapter describes the operating procedures for the
Agricultural Development and Farmland Preservation Trust Fund Advisory
Committee and the Chair under the guidance of the North Carolina Department of
Agriculture and Consumer Services implementing the Agricultural Development and
Farmland Preservation Trust Fund for continuation and preservation of
agriculture in North Carolina. Procedures and guidelines for participating
applicants are also described. The purpose of the program is to fund projects
to encourage the preservation of qualifying agricultural, horticultural, and
forestlands to foster the growth, development, and sustainability of family
farms.
History Note: Authority G.S. 106-744;
Eff. December 1, 2007.
02 NCAC 58 .0102 FUNDING
PRIORITIES
The Commissioner, with the advice of the Advisory Committee shall:
(1) annually publish a list of funding priorities which
he will follow in awarding grants for agricultural, horticultural and
forestland preservation projects and agricultural development programs that
meet the requirements of G.S. 106-744 and the rules in this Chapter;
(2) request proposals to address specific funding
priorities or to encourage specific farmland preservation projects or
agricultural development programs intended to encourage farmland preservation
and protect the State's agricultural economy, stabilize and maintain local tax
bases, and optimally use natural resources; and
(3) work cooperatively with other government agencies
as well as agricultural, conservation, and rural entities to develop plans to
maximize agricultural, horticultural, and forestland preservation efforts.
History Note: Authority G.S. 106-744;
Eff. December 1, 2007.
02 NCAC 58 .0103 DEFINITIONS
The following terms used in this Chapter have the following
meanings:
(1) "Advisory Committee" means the
Agricultural Development and Farmland Preservation Trust Fund Advisory
Committee.
(2) "ADFPTF," "ADFP Trust Fund," or
"Trust Fund" means the Agricultural Development and Farmland
Preservation Trust Fund.
(3) "Agricultural conservation easement" is
defined in G.S. 106-744(b).
(4) "Applicant" means a nonprofit
conservation organization or county who applies for funds from the ADFP Trust
Fund.
(5) "Chair" or "Commissioner" means
the Chair of the Advisory Committee who is also the Commissioner of
Agriculture.
(6) "Department" or "NCDA&CS"
means the North Carolina Department of Agriculture and Consumer Services.
(7) "Landowner" means any natural person or
other legal entity, including a governmental agency, who holds either an estate
or freehold (such as a fee simple absolute or a life estate) or an estate for
years or from year to year in land, but does not include an estate at will or
by sufferance in land.
(8) "Nonprofit conservation organization" is
any nonprofit organization that provides assistance to landowners to protect
their lands and can legally hold agricultural conservation easements.
(9) "Project" means an agricultural
conservation easement, conservation agreement, or an agricultural development
program for which an applicant is requesting funds to complete.
History Note: Authority G.S. 106-744;
Eff. December 1, 2007.
02 NCAC 58 .0104 reserved for future codification
02 NCAC 58 .0105 EVALUATION OF APPLICATIONS
(a) Applicants for funding from the ADFPTF shall submit two
unbound complete applications suitable for photocopying. Applications must be
sent by Fed-Ex, UPS, certified mail, or hand-delivered to: NCDA&CS, NCADFP
Trust Fund at 2 West Edenton Street, Raleigh, NC 27601.
(b) Two separate applications are online at http://www.ncadfp.org/
or available from the Department as noted in Paragraphs (c) and (d) of this
Rule.
(c) To be eligible for consideration for funding for
agricultural conservation easements or agricultural agreements, applicants
shall complete the Agricultural Development and Farmland Preservation
Application Form for Conservation Easements and Agricultural Agreements which
contain the following information:
(1) identifying information;
(2) a description of the type of organization
of the applicant;
(3) project affiliations, matching funds, and
partnerships;
(4) whether funds are for an agricultural
conservation easement or an agricultural agreement and the term years;
(5) current land value assessment, requested
amount of funds, estimated easement value, project completion date;
(6) operation management plans;
(7) values relevant to the easement;
(8) agricultural, horticultural, or forestry property
inventory;
(9) what transition plans are in place to
continue operations for the future;
(10) threats of conversion;
(11) conservation and environmental concerns; and
(12) listed attachments.
(d) To be eligible for consideration for funding for agricultural
development programs, applicants shall complete the Agricultural Development
and Farmland Preservation Application Form for Public and Private Enterprise
Programs, which contain the following information:
(1) identifying information;
(2) a description of the type of organization
of the applicant;
(3) project affiliations, matching funds, and
partnerships;
(4) a description of goals, target audience,
and success measurements; and
(5) listed attachments.
(e) Each completed application shall be evaluated by the
staff based on the information provided in the application and in accordance
with the ADFPTF criteria described in this Rule.
(f) The staff shall review all applications for
completeness. If an application is incomplete after the application deadline,
the applicant may be asked to reapply for the next grant cycle, which will be
publicly announced by the Commissioner on an annual basis.
(g) During the review and evaluation of proposals, the
staff shall report to the Commissioner on any site visits that may be required
for full consideration of the grant proposal.
(h) The Advisory Committee shall review the project
evaluations and other relevant data prepared by the applicant and by ADFPTF
staff. The Advisory Committee shall make recommendations to the Commissioner
on projects for funding.
(i) The Commissioner and Advisory Committee shall consider
the relative needs of the farmland preservation project and determine the
proportion of available funds to be allocated for each eligible project.
(j) Grants shall be awarded contingent on the availability
of sufficient funds to do so. Funds shall be conveyed to grantees through
contracts with the Trust Fund. If the Commissioner determines that grant funds
are not being used for the purpose for which they were awarded, the Trust Fund
may cease making payments under the grant schedule until the problem has been
resolved or may demand immediate return of any unspent money and interest from
the grant. Grantees must reimburse the Trust Fund any funds that are
determined to have not been spent for the purpose for which they were granted.
Grantees must return any grant money which remains unspent at the conclusion of
the grant project, with any interest earned on grant money.
(k) The following general criteria shall be used to
evaluate conservation easement or agricultural agreement projects only:
(1) parcel information;
(2) planning for the future; and
(3) site visits.
(l) The following general criteria shall be used to
evaluate agricultural development programs only:
(1) project description;
(2) project implementation; and
(3) applicant interview.
(m) The Commissioner and Advisory Committee shall also
consider the following factors when evaluating projects:
(1) the geographic distribution of projects;
(2) the presence or absence of other funding
sources;
(3) the level of compliance with prior grant
agreements;
(4) the amount of funds available;
(5) the amount of funds requested;
(6) priority funding map; and
(7) other relevant information in the
application.
History Note: Authority G.S. 106-744;
Eff. January 1, 2008.
02 NCAC 58 .0106 GRANT AGREEMENT
(a) Upon approval, a written agreement shall be executed
between the grant recipient(s) and the Commissioner.
(b) The agreement shall define the Commissioner's and grant
recipient's responsibilities and obligations, the project period, project scope
and the amount of grant assistance.
(c) The approved application and support documentation
shall become a part of the grant agreement.
(d) The grant agreement may be amended upon mutual consent
and approval by the Commissioner and the grant recipient(s). The grant
recipient(s) shall submit a written request to the Commissioner.
(e) Projects may not begin until the Commissioner and grant
recipient(s) sign the agreement.
(f) The agreement shall include a requirement that, in any
agricultural conservation easement funded by the ADFPTF, the State of North Carolina shall have the right to enforce the easement if the grantee of the easement
fails to do so.
History Note: Authority G.S. 106-744;
Eff. January 1, 2008.
02 NCAC 58 .0107 REPORTING
(a) Grant recipients shall submit written progress reports
at six-month intervals or upon completion of the project, whichever is sooner.
Written reports shall describe the status of the project, progress toward
achieving program objectives, notable occurrences and any problems encountered
and steps taken to overcome the problems. Upon completion of the project, the
successful applicant must make a final written report to the Commissioner which
shall include project accomplishments and benefits, all expenditures by line
item as established in the project budget, and verification of the number of
hours or money in matching funds.
(b) The staff shall review the progress reports for
completeness, which shall include a showing of how the project is meeting its
stated goals and performance standards. If the staff finds that the report is
deficient in showing how the project is meeting its stated goals and
performance standards, the grantee shall be notified of the deficiency and must
provide a changed and corrected report within 30 working days. If a corrected
or changed report is not received within 30 working days, the Trust Fund may
withhold the next grant payment.
History Note: Authority G.S. 106-744;
Eff. January 1, 2008.
02 NCAC 58 .0108 RECORDS
Successful applicants must keep financial and other records
of the project for a period of three years, following completion of the
project, or until audited. The records shall be made available to the Commissioner
at his request. Recipients shall contact Trust Fund staff at the North
Carolina Department of Agriculture and Consumer Services before destroying
records or in the event that records are destroyed.
History Note: Authority G.S. 106-744;
Eff. December 1, 2007.
