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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
<br />entitled, "A Decade of Preservation and
<br />Preservation Law," see 11 N.C_ Cent.
<br />L.J. 214 (1980).
<br />For an article entitled, "Reaffirmation
<br />of Local Initiative: North Carolinas
<br />1979 Historic Preservation Legislation,"
<br />see 11 N.C. Cent. L.J. 243 (1980)_
<br />For an article entitled, "Revolving
<br />Funds: In the Vanguard of the Preserva-
<br />tion Movement." see 11 N.C. Cent. L.J.
<br />256 (1980).
<br />§ 121 -35. Definitions.
<br />For an article entitled, 'Preservation
<br />Law 1976.1980: Faction, Property
<br />Rights and Ideology," see 11 N.C. Cent.
<br />L.J. 276 (1980).
<br />For an article entitled, –The North
<br />Carolina Historic Preservation and Con -
<br />aervation Agreements Act: Assessment
<br />and Implications for Historic Preserva-
<br />tion." see 11 N.C. Cent. L.J. 362 (19801.
<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 anv 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 />W 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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