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2005 General Assembly Land & Water Conservation Bills

The land conservation community is working on the following bills to expand resources and create new incentives for land and water conservation in North Carolina.

Infrastructure Foundation for 21 st Century (H 1687, S 1046)

Authorizes a bond referendum to fund the Land for Tomorrow initiative, which seeks to “acquire, protect and manage critical open spaces, historic properties and recreational areas.” The Senate version also provides bonds for water/sewer infrastructure and school construction projects.

Current status: Senate Committee for Rules/Op; House Committee on Finance

Amend Agricultural Laws (H 347)

This bill expands the Farmland Preservation Trust Fund to include sustainable agricultural programs and renames the FPTF as the “Agricultural Development and Farmland Preservation Trust Fund.” Authorizes creation of 18-member advisory committee to set program and spending priorities for the trust fund.

Current Status: Passed 2 nd & 3 rd House readings. Incorporated in Committee Substitute for H 607, which passes Senate on August 12.

NC Farmland Preservation Committee Funds (H 1641)

Appropriates $250,000/yr for two years to fund the creation and implementation of the NC Farmland Preservation Trust Fund Advisory Committee to be established in H 347.

Current Status: $50,000 appropriated in final budget for start up of FPTF Advisory Committee created in H 607.

Wildlife Conservation Present-Use Value (H 1722, S 405)

Expands lands eligible for present-use value tax status to those managed for wildlife conservation. House bill states the purpose of present-use value is to promote preservation and other non-production oriented uses, such as wildlife habitat, through a property tax system that is equitable with the productive capacity of undeveloped lands. House bill also clarifies property tax exemption for nonprofit organizations that own property under easement or being managed long-term for conservation purposes.

Current Status: House and Senate Committees on Finance

Tax Credit for Certain Real Property Donations (S 521)

Recodifies NC Conservation Tax Credit (CTC) in single statute and establishes maximum tax credit to be claimed by a limited partnership pass through entity to be $500,000, the same cap as for standard corporations. Proposed committee substitute offered to make the CTC refundable for lower income landowners.

Current Status – Senate Committee on Finance.

Mayo State Park Condemnation (H 864)

Restricts the state’s power of eminent domain over land in Rockingham County for Mayo River State Park

Current status: Passed 2 nd & 3 rd House readings; in Senate Committee on Finance

2005 Military Support Act (H 942, S 1117)

Directs part of the state’s motor tax revenue to the Conservative Grant Fund, which promotes compatible land use and conservation easement land acquisitions around military installations

Current Status: House Committee on Appropriations

Federal Jurisdiction Over Land (H 236, S 355)

Limits the automatic acquisition of lands by the federal government, requiring consultation with NC lawmakers regarding any purchase over 25 acres

Relevance: Halts the US Navy’s project of acquiring around 35,000 acres of land in Washington County for an outlying landing field by including NC state officials in the approval process
Current status: Ratified and signed into law 5/27/2005

Other Bills of Interest to the Conservation Community

Clean Water Act of 2005 (S 1091)

Makes several changes regarding the infrastructure related to water supply, conservation and reuse as well as wastewater treatment. Expands the projects eligible for funding by the Clean Water Revolving Loan and Grant Fund, allows DENR to lower interest rates and expand repayment times, enables the Clean Water Management Trust Fund to fund storm water and water supply planning and grants the Rural Economic Development Center the ability to fund to rural water projects. Authorizes increase in the deed stamp tax to funded expanded programs.

Current Status: Senate Committee on Ag/Environment

Drinking Water Reservoir Preservation Act (H 1134, S 981)

Directs the Environmental Management Commission to study water quality in NC’s reservoirs and implement necessary nutrient management programs (sites include Jordan Lake and Falls Lake)

Current Status: Ratified.

Fontana Lake Protection (H 1189)

Committee substitute implementing protection of Fontana Lake & the waters draining into it

Current Status: Ratified.