Ga. Comp. R. & Regs. R. 305-1-.07 - The Criteria for the Awarding of Funds

(1) The policy(ies) of the Program shall identify the criteria by which all land conservation project applications shall be reviewed by the Authority and the Department and approved by the Land Conservation Council.

(O.C.G.A. Sec. 12-6A-5(e)).

(2) The Council shall use, at a minimum, the following criteria in granting project approval:

(a) The project shall promote the permanent protection of conservation land. Grant and Loan recipients shall cause the following language to be included in any instruments of conveyance vesting in the recipient a real property interest that is being acquired in whole or in part with funding through this Program:

for fee simple acquisitions:

"This property shall be and is perpetually restricted, as indicated herein, so as to maintain certain conservation values which include natural habitats, forests, wildlife, scenic, agricultural and other ecological values which qualify the property as a scenic, natural and rural area that has not been subject to significant development and as a significant natural area that provides a "relatively natural habitat for fish, wildlife, plants, or similar ecosystems" as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code. These restrictions are deemed to be covenants running in favor of or for the benefit of land and are being held for the use of the public. Therefore, pursuant to O.C.G.A. § 44-5-60(c), these covenants shall run in perpetuity. The grantee shall seek to preserve any plants, animals, or plant communities of the property, including but not limited to species designated as protected by the Georgia Department of Natural Resources and the U.S. Fish and Wildlife Service."

and for conservation easements:

"This conservation easement shall be perpetual and shall be a covenant running with the land. If circumstances arise under which an amendment to or modification of this Conservation Easement would be appropriate, Grantor and Grantee, or their successor or assigns, may subject to the approval process discussed below, amend this Conservation Easement; provided that no amendment shall be made that will adversely affect the qualification of this Conservation Easement or the status of Grantee under any applicable laws, including Sections 170(h) and 501(c) (3) of the Internal Revenue Code and the Georgia Uniform Conservation Easement Act, O.C.G.A. § 44-10-1et seq. Any such amendment shall be consistent with the purposes of this Conservation Easement, shall not affect its perpetual duration, and shall result in equal or greater protection of the Conservation Values on the Protected Property. Nothing herein shall require Grantee to agree to any amendment, and Grantee shall obtain approval of the Georgia Land Conservation Council or its successor State of Georgia entity, for any amendments, which approval shall not be granted if, in the sole discretion of the State of Georgia, the proposed amendment affects the Conservation Values of the Property. In the event no successor State of Georgia entity exists, the contact agency will be the State Properties Commission or the State of Georgia entity then responsible for the accounting of state property."

or for fee simple acquisitions by nongovernmental entities pursuant toO.C.G.A. § 12-6A-2(10)(e), the following language must be included as a Special Condition to the loan contract:

"This property shall not be disposed of except for conservation purposes, as that term is defined by O.C.G.A. § 12-6A-2(5), during the period that this loan is outstanding."

(b) The identification and commitment to the employment of local land use ordinances and local conservation and preservation ordinances, policies, and regulations which further the achievement of the permanent protection of conservation land; and

(c) Project proposals that are multi-jurisdictional in scope or regional in impact will receive additional ranking points (O.C.G.A. Sec. 12-6A-5(f)).

Notes

Ga. Comp. R. & Regs. R. 305-1-.07

Authority O.C.G.A. Sec. 36-22-8.

Original Rule entitled "The Criteria for the Awarding of Funds" adopted. F. Nov. 1, 2005; eff. Nov. 21, 2005. Repealed: New Rule of the same title adopted. F. Sept. 13, 2010; eff. Oct. 3, 2010.