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N.C. Department of Agriculture &Consumer Services <br />N.C. ADFP Trus[ Fund <br />Conservation Easement Monitoring Policy and Guidelines <br />(.Purpose <br />The N.C. Agricultural Development and Farmland Preservation (ADFP) Trust Fund, administered by the <br />Farmland Preservation Division of the N.C. Department of Agriculture & Consumer Services, provides <br />grants for agricultural conservation easements on family farms throughout the state of North Carolina. <br />The ADFP Trust Fund will "hold grantees accountable for the expenditure of State funds by performing <br />monitoring and oversight functions," in accordance with Administrative Code 09 NCAC 03M "Uniform <br />Administration of State Grants" and Subsection .0400, pursuant to N.C.G.S. 143C-6-22 & 23. The ADFP <br />Trust Fund will work with the grantee to ensure compliance with the terms and conditions of the <br />easement Monitoring is necessary to make certain the easements are maintained while ensuring a <br />productive relationship between the funding source (ADFP Trust Fund), grantee (counties or private <br />nonprofit conservation organizations, according to N.C.G.S. 106-744), and landowner. <br />11. Definition of Agricultural Conservation Easements <br />According to N.C.G.S. 106-744, an "agricultural conservation easement" means a negative easement in <br />gross restricting residential, commercial, and industrial development of land for the purpose of <br />maintaining its agricultural production capability. Agricultural conservation easements may be perpetual <br />or term -limited in duration. The agricultural conservation easement may permit the creation of not more <br />than three lots that meet applicable county zoning and subdivision regulations, provided it is allowed in <br />the original recorded easement <br />111. Involved Parties <br />The ADFP Trust Fund, administered by the Commissioner of Agriculture, is the finding source for <br />purchasing conservation easements. The ADFP Trust Fund has full-time staff administratively located in <br />Raleigh, North Carolina. Part-time field staff members are located remotely throughout the state. The <br />ADFP Trust Fund Document Specialist is the monitoring program manager, unless otherwise designated <br />by the Farmland Preservation Division Director. Field staff members will conduct on-site monitoring, <br />unless otherwise directed by the Document Specialist. <br />The ADFP Trust Fund Advisory Committee is administratively located within the N.C. Department of <br />Agriculture and Consumer Services. The Advisory Committee will advise the Commissioner on the <br />prioritization and allocation of funds, the development of criteria for awarding funds, guidelines for <br />monitoring easements and projects, program planning, and other areas where monies from the ADFP <br />Trust Fund can be used to promote the growth and development of family farms in North Carolina. <br />Grantees are counties or private nonprofit conservation organizations. Grantees are the first point of <br />contact for monitoring conservation easements and discussing potential violations of contracts and/or <br />recorded easements. Grantees are required to monitor the easement at least once a year and complete <br />annual monitoring reports for the length of the term of the easement. <br />Landowners will work with grantees to ensure compliance with the terms and conditions of conservation <br />easements and will be notified of site visits by the grantee. <br />F-7 Page 165 <br />