Chapter 305-1 PROGRAM DESCRIPTION AND RULES FOR GEORGIA LAND CONSERVATION COUNCIL & GEORGIA ENVIRONMENTAL FINANCE AUTHORITY
The General Assembly recognizes that the state-wide network of
land and water resources, the state's prime agricultural and forestry lands and
its natural, cultural, historic, and recreational areas are a priceless legacy
that enhance the health of ecosystems, encourage working landscapes, foster
natural resource stewardship, sustain a healthy economy, and promote a
sustainable high quality of life for current and future generations of
Georgians (O.C.G.A Sec.
12-6A-1).
The program shall be referred to as the Georgia Land
Conservation Program (Program) (O.C.G.A. Sec.
12-6A-1
and
12-6A-9).
The Georgia Land Conservation Program is authorized and
established in accordance with the Official Code of Georgia Annotated § 12-6A-1,
et seq.
| (1) |
The scope of the Program is to
permanently protect land and water, or interests therein, that is in its
undeveloped, natural state or that has been developed only to an extent that
does not interfere with its conservation value. |
| (2) |
The following types of resources will be
eligible for consideration in meeting the scope of the Program:
| (a) |
Water quality protection for rivers,
streams, and lakes; |
| (d) |
Reduction of
erosion through protection of steep slopes, areas with erodible soils, and
stream banks; |
| (e) |
Protection of
riparian buffers and other areas that serve as natural habitat and corridors
for native plant and animal species; |
| (f) |
Protection of prime agricultural and
forestry lands; |
| (g) |
Protection of
cultural sites, heritage corridors, and archaeological and historic
resources; |
| (i) |
Provision of
recreation in the form of boating, hiking, camping, fishing, hunting, running,
jogging, biking, walking, and similar outdoor activities; and |
| (j) |
Connection of existing or planned areas
contributing to the goals set out in this paragraph (O.C.G.A Sec.
12-6A-2(5)). |
|
| (3) |
The purpose of the Program is
to promote partnerships for the conservation of land resources that are
identified by cities or counties as locally valuable or identified by the
Department of Natural Resources (Department) as having statewide significance,
as well as to provide land conservation funding options in cooperation with
private, non-profit and tax exempt organizations to augment currently available
local, state, and federal funding (O.C.G.A. Sec.
12-6A-1). |
Process.
| (1) |
Cities,
counties, the commission, other state departments or agencies, other state
authorities, and nongovernmental entities may develop, submit and sponsor a
'land conservation project' to permanently protect locally identified land
resources with high environmental values or conservation benefits (O.C.G.A.
Sec.
12-6A-2). |
| (2) |
The Department will assist cities,
counties, the commission, other state departments or agencies, other state
authorities, and nongovernmental entities with the development of land
conservation project proposals including Program requirements and technical
assistance with real estate transactions (O.C.G.A. Sec.
12-6A-10). |
| (3) |
The Georgia Environmental Finance
Authority (Authority) will review each land conservation project proposal for:
| (b) |
the capacity of the applicant to fulfill
its matching fund or loan repayment commitments, |
| (c) |
the fiscal solvency of the entity
identified as responsible for protecting and managing the conservation land or
conservation easement, and |
| (d) |
compliance with all applicable terms and conditions of this chapter. |
|
| (4) |
The Department will review
each land conservation project proposal for:
| (a) |
its strategic investment in land
resources with high environmental values or conservation benefits; |
| (b) |
its permanent protection of land and/or
water, or interests therein, as defined in the definition of "conservation
land" set forth in O.C.G.A Sec.
12-6A-2(5); |
| (c) |
the merit of a plan for long-term
management of the conservation land or conservation easement; and |
| (d) |
compliance with all applicable terms and
conditions of O.C.G.A Sec.
12-6A-1et
seq. |
|
| (5) |
The
Authority and the Department will make recommendations to the Council based on
the review of each land conservation project, including recommended funding
sources, funding levels, and terms and conditions (O.C.G.A. Sec.
12-6A-5(c)(1)
and (2)) and (O.C.G.A. Sec.
12-6A-5(b)(1)
and (2)).
Georgia Land Conservation Council
|
| (6) |
The Council is composed of the
State Property Officer, who shall serve as chairperson, the commissioner of the
Department, the director of the State Forestry Commission, the executive
director of the State Soil and Water Conservation Commission, the commissioner
of the Department of Community Affairs, and four additional members to be
appointed by and to serve at the pleasure of the Governor (O.C.G.A. Sec.
12-6A-3(a)). |
| (7) |
The Council shall review each land
conservation project proposal and shall consider the recommendations of the
Authority and the Department, as well as the Program's procedures, conditions,
components, priorities, and criteria. The decision of the Council that a land
conservation project complies with all of the required terms and conditions and
is approved shall cause the city, county, Department, commission, other state
department or agency, other state authority, or nongovernmental entity to
become eligible for funding (O.C.G.A. Sec.
12-6A-5(d)).
Funds
|
| (8) |
The Georgia Land Conservation Trust Fund
and the Georgia Land Conservation Revolving Loan Fund have been established to
consist of any moneys appropriated, paid under an intergovernmental contract,
voluntarily contributed, any federal moneys deposited, and other moneys
acquired by any fund raising or other promotional techniques. All balances in
the funds will be deposited in interest-bearing accounts (O.C.G.A. Sec.
12-6A-4
(a.1)). |
| (9) |
Within the trust fund,
moneys will be made available in each fiscal year for grants to the Department,
commission, other state departments or agencies, or other state authorities
having an approved land conservation project or for grants to cities and
counties having:
| (a) |
an approved land
conservation project, |
| (b) |
complied
with state laws, regulations, contracts, and agreements, and |
| (c) |
matching funds at a percentage of the
total project cost as established by the authority or (O.C.G.A. Sec.
12-6A-4(b)). |
|
| (10) |
Within the revolving loan
fund, moneys will made available in each fiscal year for loans to cities,
counties, and nongovernmental entities having approved land conservation
projects or for loans to state authorities specified by the Department for
purposes of approved land conservation projects of the Department. Any such
loan shall bear interest at a rate established by the Authority (O.C.G.A. Sec.
12-6A-4(c)). |
| (11) |
Moneys granted from the trust fund or
from the revolving loan fund shall be expended solely to defray the costs of
acquisition as defined in O.C.G.A Sec.
12-6A-2(6)
of conservation land or of conservation easements that contribute to the goals
set out for conservation land in O.C.G.A. Sec
12-6A-2
(O.C.G.A. Sec.
12-6A-4(d)).
Partnerships
|
| (12) |
The General Assembly recognizes the
critical role nonprofit conservation organizations and organizations that are
tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code have in
partnering with cities, counties, and the state in accomplishing land
conservation goals (O.C.G.A. Sec.
12-6A-11). |
| (13) |
The Council shall adopt the means, such
as a memorandum of understanding, by which organizations that are tax-exempt
under Section 501(c)(3) of the federal Internal Revenue Code may enter into
partnerships with cities, counties, the Department, the Commission, other state
departments and agencies, and other state authorities to assist with:
| (a) |
the identification and development of
land conservation project proposals, |
| (b) |
the establishment of a local funding
match, and |
| (c) |
to accept and
administer property acquired by a city, county, or the Department, the
Commission, other state department or agency, or other state authority.
(O.C.G.A. Sec.
12-6A-5(e)
and O.C.G.A. Sec.
12-6A-4(h)). |
|
| (14) |
The Department may, by
agreement with a city, county, or nongovernmental entity accept and administer
property acquired by the city, county, or nongovernmental entity or may make
such other agreements for the ownership and operation of the property as are
outlined in Code Sections
12-3-32
and
27-1-6
(O.C.G.A. Sec.
12-6A-4(g)).
Geographic Information System
|
| (15) |
The Department shall establish the State
Land Conservation Geographic Information System by maintaining its current
geographic information system data and maps related to land conservation;
annually updating its land conservation data and maps based on the acquisitions
of land conservation projects; and monitoring progress in protecting the
state's land resources (O.C.G.A. Sec.
12-6A-10(a)). |
| (16) |
The Department shall make its geographic
information system data and maps available to cities, counties, the Commission,
other state departments or agencies, and other state authorities to assist them
in the strategic investment of land conservation projects in land resources
with high environmental values or conservation benefits as based on the
conservation goals set forth in O.C.G.A. Sec.
12-6A-1et
seq. (O.C.G.A. Sec.
12-6A-10(a)
and (b)). |
| (17) |
As a condition of project approval and
release of funds the grant or loan recipient shall be required to record
acquisitions of real or partial interest in land purchased by using grants or
loans with the Department (O.C.G.A. Sec.
12-6A-4(e)). |
Eligible recipients of the Program are Cities, Counties, the
Department, the Commission, other state departments, agencies, and authorities
and nongovernmental entities. Applications may be obtained by contacting the
Georgia Environmental Finance Authority.
| (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)). |
|
