§5B-2G-7. Definitions


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 B- 2 G- 7

§5B-2G-7. Definitions.

For purposes of this article, the following terms have the

meanings set forth in this section.

(a) "Board" means the board of trustees established in section

three of this article.

(b) "Conservation easement" means a nonpossessory interest in

real property as defined in section three, article twelve, chapter

twenty of this code, except that a conservation easement acquired

pursuant to this article shall be held in perpetuity.

(c) "Conservation purposes" means the conservation of land for

outdoor recreation by the public, for conservation of natural plant

and wildlife habitat or similar ecosystem, for conservation of

forestland and other open spaces, for conservation of land of

historical or cultural significance or as further defined under

conservation criteria developed in this article.

(d) "Eligible grant recipient" means:

(1) The following state agencies:

(A) Division of Natural Resources;

(B) Division of Forestry; or

(2) A charitable corporation, charitable association or

charitable trust registered with the Secretary of State and exempt

from taxation pursuant to Section 501(c)(3) of the Internal Revenue

Code of 1986 [Public Law 99-514, 26 U.S.C. §501(c)(3)] or other

federal or state statutes or rules, the purposes or powers of which

include retaining or protecting the natural, scenic, agricultural or open-space values of real property; assuring the availability of

real property for agricultural, forest, recreational or open-space

use; protecting natural resources and wildlife; maintaining or

enhancing land, air or water quality; or preserving the historical,

architectural, archaeological or cultural aspects of real property,

as defined in section three, article twelve, chapter twenty of this

code, and that has a primary part of its mission to acquire

interests in real property for conservation purposes.

(e) "Fund" means the West Virginia Outdoor Heritage

Conservation Fund established in this article.

(f) "Land conservation" means acquisition of interests in real

property from willing sellers for conservation purposes.

(g) "Stewardship" means the necessary monitoring, maintenance

and enforcement of interests in real property for conservation

purposes.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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