§ 121-35. Definitions. - North Carolina Statutes

§121‑35.  Definitions.

Subject to any additionaldefinitions contained in this Article, or unless the context otherwiserequires:

(1)        A "conservationagreement" means a right, whether or not stated in the form of arestriction, reservation, easement, covenant or condition, in any deed, will orother instrument executed by or on behalf of the owner of land or improvementthereon or in any order of taking, appropriate to retaining land or water areaspredominantly in their natural, scenic or open condition or in agricultural,horticultural, farming or forest use, to forbid or limit any or all (i)construction or placing of buildings, roads, signs, billboards or otheradvertising, utilities or other structures on or above the ground, (ii) dumpingor placing of soil or other substance or material as landfill, or dumping orplacing of trash, waste or unsightly or offensive materials, (iii) removal ordestruction of trees, shrubs or other vegetation, (iv) excavation, dredging orremoval of loam, peat, gravel, soil, rock or other mineral substance in suchmanner as to affect the surface, (v) surface use except for agricultural,farming, forest or outdoor recreational purposes or purposes permitting theland or water area to remain predominantly in its natural condition, (vi)activities detrimental to drainage, flood control, water conservation, erosioncontrol or soil conservation, or (vii) other acts or uses detrimental to suchretention of land or water areas.

(2)        "Holder"means any public body of this State, including the State, any of its agencies,any city, county, district or other political subdivision or municipal orpublic corporation, or any instrumentality of any of the foregoing, any agency,department, or instrumentality of the United States, any nonprofit corporationor trust, or any private corporation or business entity whose purposes includeany of those stated in (1) and (3), covering the purposes of preservation andconservation agreements.

(3)        A "preservationagreement" means a right, whether or not stated in the form of arestriction, reservation, easement, covenant, condition or otherwise, in anydeed, will or other instrument executed by or on behalf of the owner of theland or any improvement thereon, or in any other [order] of taking, appropriateto preservation of a structure or site historically significant for itsarchitecture, archaeology or historical associations, to forbid or limit any orall (i) alteration, (ii) alterations in exterior or interior features of thestructure, (iii) changes in appearance or condition of the site, (iv) uses nothistorically appropriate, or (v) other acts or uses supportive of ordetrimental to appropriate preservation of the structure or site. (1979,c. 747, s. 2; 1995, c. 443, s. 1.)