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<br /> ARTICLE 4.
<br /> Conservation and Historic Preservation
<br /> Agreements Act.
<br /> 121-34. Short title.
<br /> The title of this Article shall be known as the "Historic Preserva-
<br /> tion and Conservation Agreements Act," (1979, c. 747, s. 1.
<br /> Legal Periodicals. — For an article For an article entitled, "Preservation
<br /> entitled. "A Decade of Preservation and Law 1976.1980: Faction, Property
<br /> Preservation Law," see 11 N.C. Cent. Rights and Ideology," see 11 N.C. Cent.
<br /> L.J. 214 (1980). L.J. 276 (1980).
<br /> For an article entitled.'Reaffirmation For an article entitled, The North
<br /> of Local initiative: North Carolina a Carolina Historic Preservation and Con-
<br /> 1979 Historic Preservation Legislation,"
<br /> see 11 N.C. Cent. L.J. 243 (1980). servation Agreements Act: Assessment
<br /> For an article entitled. "Revolving and Implications for Historic Preserve-
<br /> Funds:In the Vanguard of the Preserve,- tion," see 11 N.C. Cent. L.J. 362 (1960).
<br /> tion Movement," see 11 A.C. Cent. L.J.
<br /> 256 (1980).
<br /> § 121-35. Definitions.
<br /> Subject to any additional definitions contained in this Article, or
<br /> unless the context otherwise requires: •
<br /> (1) A "conservation agreement" means a right, whether or not
<br /> stated in the form of a restriction, reservation. easement,
<br /> covenant or condition, in any deed, will or other instru-
<br /> ment executed by or on behalf of the owner of land or
<br /> improvement thereon or in any order of taking, appropri-
<br /> ate to retaining land or water areas predominantly in their
<br /> natural, scenic or open condition or in agricultural, horti-
<br /> cultural. farming or forest use. to forbid or limit any or all
<br /> (i) construction or placing of buildings, roads, signs.
<br /> billboards or other advertising, utilities or other structures
<br /> on or above the ground, (ii) dumping or placing of soil or
<br /> other substance or material as landfill, or dumping or plac-
<br /> ing of trash, waste or unsightly or offensive materials, (iii)
<br /> removal or destruction of trees, shrubs or other vegetation,
<br /> (iv) excavation, dredging or removal of loam, peat, gravel,
<br /> soil, rock or other mineral substance in such manner as to
<br /> affect the surface, (v) surface use except for agricultural,
<br /> farming, forest or outdoor recreational purposes or pur-
<br /> poses permitting the land or water area to remain predom-
<br /> inantly in its natural condition, (vi) activities detrimental
<br /> to drainage, flood control, water conservation, erosion con-
<br /> trol or soil conservation, or (vii) other acts or uses detri-
<br /> mental to such retention of land or water areas.
<br /> (2) "Holder" means any public body of this State, including the
<br /> State, any of its agencies, any city, county, district or other
<br /> political subdivision or municipal or public corporation, or
<br /> any instrumentality of any of the foregoing, any nonprofit
<br /> corporation or trust, or any private corporation or business
<br /> entity whose purposes include any of those stated in (1)
<br /> and (3), covering the purposes of preservation and conser-
<br /> vation agreements.
<br /> (3) A "preservation agreement" means a right, whether or not
<br /> stated in the form of a restriction, reservation, easement,
<br /> covenant, condition or otherwise, in any deed, will or other
<br /> instrument executed by or on behalf of the owner of the
<br /> land or any improvement thereon, or in any other (order]
<br /> of taking, appropriate to preservation of a structure or site
<br /> historically significant for its architecture, archaeology or
<br />
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