North Carolina § 106-1012 - Definitions.

§ 106-1012. Definitions.

As used in this Article: "Approved forest management plan" means the forest management plan submitted by the eligible landowner and approved by the Commissioner. Such plan shall include forest management practices to insure both maximum forest productivity and environmental protection of the lands to be treated under the management plan. "Approved practices" mean those silvicultural practices approved by the Commissioner for the purpose of commercially growing timber through the establishment of forest stands, of insuring the proper regeneration of forest stands to commercial production levels following the harvest of mature timber, or of insuring maximum growth potential of forest stands to commercial production levels. Such practices shall include those required to accomplish site preparation, natural and artificial forestation, noncommercial removal of residual stands for silvicultural purposes, cultivation of established young growth of desirable trees for silvicultural purposes, and improvement of immature forest stands for silvicultural purposes. In each case, approved practices will be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to insure both maximum forest productivity and environmental protection. "Commissioner" means the Commissioner of Agriculture. "Department" means the Department of Agriculture and Consumer Services. "Eligible land" means land owned by an eligible landowner. "Eligible landowner" means a private individual, group, association or corporation owning land suitable for forestry purposes. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purpose of this Article, as one eligible landowner and entitled to receive cost-sharing payments as provided herein only once during each fiscal year. "Forest development assessment" means an assessment on primary forest products from timber severed in North Carolina for the funding of the provisions of this Article, as authorized by the General Assembly. "Forest development cost-sharing payment" means financial assistance to partially cover the costs of implementing approved practices in such amounts as the Commissioner shall determine, subject to the limitations of this Article. "Forest development fund" means the Forest Development Fund created by G.S. 106-1018. "Maintain" means to retain the reforested area as forestland for a 10-year period and to comply with the provisions in the approved forest management plan. History (1977, c. 562, s. 3; c. 771, s. 4; 1989, c. 727, s. 218(74); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-352, s. 1; 1997-443, s. 11A.119(a); 2005-126, s. 2; 2011-145, s. 13.25(gg), (hh); 2018-113, s. 5(e).) Editor's Note. - This section was formerly codified as G.S. 113A-178. It was recodified as G.S. 106-957 by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011, and renumbered as G.S. 106-1012 at the direction of the Revisor of Statutes. Following the recodification of this section by Session Laws 2011-145, s. 13.25(gg), the subdivisions were renumbered at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2018-113 provides in its preamble: "Whereas, frivolous nuisance lawsuits threaten the very existence of farming in North Carolina; and "Whereas, in response to the long-standing threat to agriculture, in 1979 the General Assembly enacted the State's first effort to statutorily protect the ability of farms and forestry operations to continue to operate as surrounding development encroached; and "Whereas, following the 1979 enactment, at least three succeeding General Assemblies in 1992, 2013, and 2017 tried to perfect a statutory framework that broadly fosters a cooperative relationship between farms and forestry operations and their neighbors across North Carolina; and "Whereas, recently a federal trial court incorrectly and narrowly interpreted the North Carolina Right to Farm Act in a way that contradicts the intent of the General Assembly and effectively renders the Act toothless in offering meaningful protection to long-established North Carolina farms and forestry operations; and "Whereas, regrettably, the General Assembly is again forced to make plain its intent that existing farms and forestry operations in North Carolina that are operating in good faith be shielded from nuisance lawsuits filed long after the operations become established; Now, therefore," Sessions Laws 2018-113, s. 16(a), is a severability clause. Effect of Amendments. - Session Laws 2005-126, s. 2, effective June 29, 2005, in subdivision (2), added "or of insuring maximum growth potential of forest stands to commercial production levels" at the end of the first sentence and "trees for silvicultural purposes, and improvement of immature forest stands for silvicultural purposes" at the end of the second sentence, and made minor stylistic changes. Session Laws 2011-145, s. 13.25(hh), effective July 1, 2011, in the subdivisions designated herein as subdivisions (1) and (8), substituted "Commissioner" for "Secretary"; added the subdivision designated herein as subdivision (3); substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources" in the subdivision designated herein as subdivision (4); updated the section reference in the subdivision designated herein as subdivision (9); and deleted the definition for "Secretary." Session Laws 2018-113, s. 5(e), effective June 27, 2018, substituted "Commissioner" for "Secretary" in the first sentence of subdivision (2).