§
12-6A-1. Intent; general provisions
The intent of this chapter is to provide a flexible
framework within which cities and counties in this state, the Department of
Natural Resources, other state and federal departments and agencies, state
authorities, and private partners can protect the state's valuable natural
resources. 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. The process
provided by this chapter is intended to promote partnerships for the
conservation of land resources that are identified by cities or counties as
locally valuable or identified by the department as having state-wide
significance. This chapter shall also provide land conservation funding options
to augment currently available local, state, and federal funding.
HISTORY: Code 1981, § 36-22-1,
enacted by Ga. L. 2000, p. 392, § 1; § 12-6A-1, as redesignated
by Ga. L. 2008, p. 90, § 1-1/HB 1176.
§
12-6A-2. Definitions
As used in this chapter, the
term:
(1) "Authority" means the Georgia
Environmental Facilities Authority established in Code Section 50-23-3.
(2) "City" means a statutorily established
municipal government.
(3) "Commission" means the State Forestry
Commission established under Code Section
(4) "Conservation easement" means a
conservation easement established in accordance with Code Section 44-10-2.
(5) "Conservation land" means permanently
protected land and water, or interests therein, that is in its undeveloped,
natural state or that has been developed only to the extent consistent with, or
is restored to be consistent with, one or more of the following goals:
(A) Water quality protection for
rivers, streams, and lakes;
(B) Flood protection;
(C) Wetlands protection;
(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 archeological and historic resources;
(H) Scenic protection;
(I) Provision of recreation in the
form of boating, hiking, camping, fishing, hunting, running, jogging, biking,
walking, or similar outdoor activities; and
(J) Connection of existing or planned
areas contributing to the goals set out in this paragraph.
(6) "Costs of acquisition" means all direct
costs of activities which are required by applicable state laws and local
ordinances or policies in order to obtain fee simple or lesser interests in
real property or to convey a conservation easement to a holder who will ensure
the permanent protection of the property as conservation land. Said costs shall
include the purchase price, if any; the costs of due diligence investigation,
such as appraisals, surveys, phase 1 environmental reports, and title searches;
title insurance; fees for services related to the direct acquisition of the
real property, such as holding costs, overhead costs, finder's fees, and real
estate commissions; attorney fees; pro rata ad valorem
taxes; resource stewardship; and other costs related to closing the
transaction; provided, however, that said costs shall not include any costs for
services provided in violation of Chapter 40 of Title 43.
(7) "Council" means the Georgia Land
Conservation Council established by this chapter.
(8) "County" shall include consolidated county
and municipal governments as well as a county.
(9) "Land conservation project" means a
conservation land project to accomplish strategic investment in protection of identified
land resources with high environmental values or conservation benefits.
(9.1) "Nongovernmental entity" means a
nonprofit organization the primary purposes of which are the permanent
protection and conservation of land and natural resources.
(9.2) "Other state authority" means a state
authority that is otherwise created and authorized by law to engage in projects
that would qualify as land conservation projects, to accept grants or loans,
and to incur debt and is recommended by the department to receive either grants
or loans for such a project; provided, however, that such term shall not
include the Georgia Building Authority.
(9.3) "Other state department or agency" means
a state department or agency that is otherwise authorized by law to engage in
projects that would qualify as land conservation projects.
(10) "Permanently protected land and water"
means those resources:
(A) Owned by the federal government
and designated for recreation, conservation, or natural resource;
(B) Owned by the State of Georgia and
dedicated as a heritage preserve;
(C) Owned by a state or local unit of
government or authority and subject to:
(i) A
conservation easement that ensures that the land will be maintained as conservation
land;
(ii) Contractual
arrangements that ensure that, if the protected status is discontinued on a
parcel, such property will be replaced by other conservation land which at the
time of such replacement is of equal or greater monetary and resource
protection value;
(iii) A restrictive
covenant in favor of a federal governmental entity; or
(iv) A permanent
restrictive covenant as provided in subsection (c) of Code Section 44-5-60;
(D) Owned by any person or not for profit
or for profit entity, subject to a conservation easement that ensures that the
land will be maintained as conservation land; or
(E) Permanently legally protected by
any other method that ensures the conservation land will remain forever in uses
which further the goals of this chapter.
(11) "Revolving loan fund" means the
(12) Reserved.
(13) "Trust fund" means the Georgia Land
Conservation Trust Fund established by this chapter.
HISTORY: Code 1981, § 36-22-2, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-2, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-3. Georgia Land Conservation Council created; members;
members' expenses; administrative affiliation
(a) There is created the Georgia Land Conservation
Council. The council shall be composed of the state property officer, who shall
serve as chairperson, the commissioner of natural resources, the director of
the State Forestry Commission, the executive director of the State Soil and
Water Conservation Commission, the commissioner of community affairs, and four
additional members to be appointed by and to serve at the pleasure of the
Governor.
(b) The members of the council shall receive no compensation for their
services on the council but shall be reimbursed for actual expenses incurred
while discharging the duties imposed upon them by this chapter.
(c) For administrative purposes, the council shall be attached to the
authority. The authority shall provide staff support to the council, utilizing
personnel and funds available to the authority.
HISTORY: Code 1981, § 36-22-3, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-3, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-4. Land conservation program; trust and loan funds
established; segregation of funds; matching funds; opportunity for taxpayers to
contribute; acceptance and administration of property by the department;
partnerships with tax-exempt organizations
(a) The department may establish a land conservation
program consistent with the purposes of this chapter.
(a.1) There is established the Georgia Land Conservation Trust Fund and
the Georgia Land Conservation Revolving Loan Fund to consist of any moneys paid
to the authority under intergovernmental contract for purposes of this chapter,
voluntary contributions to such funds, any federal moneys deposited in such
funds, other moneys acquired for the use of such funds by any fund raising or
other promotional techniques deemed appropriate by the authority, and all
interest thereon. Moneys which are restricted as to their usage, including, but
not limited to, restrictions on the kinds of projects for which the moneys can
be expended or loaned, on the entity that can receive grants or loans of such
moneys, on the manner in which such moneys can be expended or loaned, and any
other condition, limitation, or restriction, may nevertheless be deposited in
the funds so long as any such restriction does not prevent the moneys so
deposited from being expended, loaned, or otherwise used in a manner that is
consistent with the purposes of this chapter. All balances in the funds shall
be deposited in interest-bearing accounts. The authority shall administer the
funds, shall grant or loan moneys held in the funds in furtherance of the
purposes of and pursuant to the provisions of this chapter, and shall prepare,
by June 30 of each year, an accounting of the funds received and expended from
the funds. The report shall be made available to the council, to the members of
the General Assembly, and to members of the public on request.
(b) Within the trust fund, moneys shall be made available in each fiscal
year for grants to cities and counties having an approved land conservation
project; having complied with state laws, regulations, contracts, and
agreements; and having matching funds at a percentage of the total project cost
as established by the authority or for grants to the department, the
commission, other state department or agency, or other state authority having
an approved land conservation project.
(c) Within the revolving loan fund, moneys shall be 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.
(d) Moneys granted from the trust fund or from the revolving loan fund
shall be expended solely to defray the costs of acquisition of conservation
land as defined in this chapter or of conservation easements which contribute
to the goals set out for conservation land in Code Section 12-6A-2.
(e) 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 established in this chapter
with the department.
(f) (1) Each Georgia income tax return form for taxable years beginning on
or after January 1, 2005, shall contain appropriate language, to be determined
by the state revenue commissioner, offering the taxpayer the opportunity to
contribute to the Georgia Land Conservation Trust Fund established in
subsection (a) of this Code section by either donating all or any part of any
tax refund due, by authorizing a reduction in the refund check otherwise
payable, or by contributing any amount over and above any amount of tax owed by
adding that amount to the taxpayer's payment. The instructions accompanying the
income tax return form shall contain a description of the purposes for which
this fund was established and the intended use of moneys received from the
contributions. Each taxpayer required to file a state income tax return who
desires to contribute to the Georgia Land Conservation Trust Fund may designate
such contribution as provided in this Code section on the appropriate income
tax return form.
(2) The Department of Revenue shall determine annually
the total amount so contributed, shall withhold therefrom
a reasonable amount for administering this voluntary contribution program, and
shall transmit the balance to the authority for deposit in the Georgia Land
Conservation Trust Fund established in subsection (a.1) of this Code section;
provided, however, that the amount retained for administrative costs shall not
exceed $50,000.00 per year. If, in any tax year, the administrative costs of
the Department of Revenue for collecting contributions pursuant to this Code
section exceed the sum of such contributions, the administrative costs which
the Department of Revenue is authorized to withhold from such contributions
shall not exceed the sum of such contributions.
(g) The department may, by agreement with a city, county, or
nongovernmental entity, accept and administer property acquired by such city,
county, or nongovernmental entity pursuant to this chapter 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.
(h) Cities, counties, the department, the commission, other state
departments or agencies, and other state authorities may, by agreement with
tax-exempt organizations under Section 501(c)(3) of the federal Internal
Revenue Code as established in a memorandum of understanding adopted by the
council, enter into partnerships to assist with the development of land
conservation project proposals, to assist with the establishment of a local
funding match, and to accept and administer property acquired by a city,
county, the department, the commission, other state department or agency, or
other state authority pursuant to this chapter.
HISTORY: Code 1981, § 36-22-4, enacted by Ga. L. 2000, p. 392, § 1; Ga.
L. 2002, p. 1411, § 1; Ga. L. 2003, p. 328, § 1; § 12-6A-4, as redesignated by Ga. L. 2008, p. 90, § 1-1/HB 1176.
§
12-6A-5. Review and approval of project proposals; procedures;
criteria; contracts or memorandums of understanding
(a) Approval of a land conservation project proposal for
purposes of this chapter shall be accomplished as provided for in this Code
section. Cities, counties, the department, the commission, other state departments
or agencies, other state authorities, and nongovernmental entities may develop
and submit land conservation projects using rules and regulations established
by the authority. Cities, counties, the department, the commission, other state
departments or agencies, and other state authorities may develop land
conservation proposals in partnership with nonprofit environmental and
conservation organizations and organizations that are tax-exempt under Section
501(c)(3) of the federal Internal Revenue Code. The department shall make
available its geographic information systems data as described in Code Section
12-6A-10 to cities, counties, the commission, other state departments or
agencies, and other state authorities to assist them in the development of land
conservation proposals. Land conservation projects by any nongovernmental
entity shall be submitted by means of co-application with the city or county
having jurisdiction over the area in question, but such city or county shall
not be liable for any debt of the nongovernmental entity.
(b) (1) The authority shall review each land conservation project for
fiscal merit, for the capacity of the applicant to fulfill its matching fund or
loan repayment commitments, for the fiscal solvency of the entity identified as
responsible for protecting and managing the conservation land or conservation
easement, and for compliance with all applicable terms and conditions of this
chapter.
(2) The authority shall make a recommendation based on
its review of each land conservation project to the council, including
recommended funding sources, funding levels, and the terms and conditions of
those funds.
(c) (1) The department shall review each land conservation project
proposal for its strategic investment in land resources with high environmental
values or conservation benefits; for consistency with the land conservation
goals set forth in this chapter and the land conservation priorities set forth
by the Governor; for the merit of a plan for long-term management of the conservation
land or conservation easement; and for compliance with all applicable terms and
conditions of this chapter.
(2) The department shall make a recommendation based on
its review of each land conservation project to the council, including any terms
and conditions of those funds.
(d) The council shall review each land conservation project proposal and
shall consider the recommendations of the authority and the department, as well
as the procedures, conditions, components, priorities, and criteria set forth
in subsections (c) and (e) of this Code section, and any rules and regulations
promulgated by the authority. 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 pursuant to the terms of this chapter and of the
project approval. The authority shall then be responsible for the execution of
each such project approval decision of the council.
(e) The council shall adopt procedures to review and determine the
disposition of project proposals including, but not limited to, a schedule of
meetings on an as needed basis, but not less than quarterly, at which project
proposals will be considered; the components required to comprise a project
proposal; the format in which project proposals will be presented for
consideration by the council; the conditions which provide priority ranking to
be used in reviewing the merits of project proposals; and 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
or agencies, other state authorities, or nongovernmental entities to assist
with the development and implementation of project proposals.
(f) The council shall use, at a minimum, the following criteria in
granting project approval:
(1) The project shall promote the permanent protection
of conservation land;
(2) 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
(3) Project proposals which are multijurisdictional
in scope or regional in impact will receive additional ranking points.
(g) The council, the authority, and the department shall enter into
contracts or memorandums of understanding, as appropriate and consistent with
the intent and provisions of this chapter, setting forth the details of how
they will each discharge, in cooperation with the others, their respective
responsibilities under this chapter.
HISTORY: Code 1981, § 36-22-8, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-5, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-6. Grants for the acquisition of land
Grants may in appropriate cases be made for the acquisition
of land, and the grantee shall be permitted to place the needed and appropriate
conservation easements on such land to ensure its permanent protection as
contemplated in this chapter and the grantee would then be entitled to resell
the land to private parties at the highest obtainable price and return the
proceeds to the trust fund for reuse for additional grants.
HISTORY: Code 1981, § 36-22-9, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-6, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-7. Eligible entities to submit projects
Any city or county of this state, the department, the
commission, other state department or agency, other state authority, or
nongovernmental entity shall be eligible to submit a land conservation project
for approval pursuant to the terms of this chapter.
HISTORY: Code 1981, § 36-22-10, enacted by Ga. L. 2000, p. 392, § 1.2; §
12-6A-7, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-8. Funds for the preservation of land or conservation
easements on land
Moneys in the trust fund or revolving loan fund shall be
made available to all cities and counties in the state, the department, the
commission, other state departments or agencies, other state authorities, and
nongovernmental entities for preservation of land or conservation easements on
land. The authority is authorized and directed to accept and review project
proposals for such moneys under terms, conditions, and procedures to be
established by regulation of the authority and is authorized to make such
grants or loans in such amounts as it deems appropriate. Any such grant or loan
shall be administered in a manner consistent with purposes of this chapter and
any regulations promulgated by the authority and the council applicable to such
grants and loans, together with the terms and conditions of any such grant or
loan.
HISTORY: Code 1981, § 36-22-11, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-8, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-9. Rules and regulations; audits
The authority is authorized to promulgate such rules and
regulations as it may deem advisable to implement the terms of this chapter;
provided, however, that for purposes of this chapter the authority shall be an
agency subject to the provisions of Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." The authority is
authorized to audit, or have audited, the use of moneys from the trust
fund or revolving loan fund or the use of properties obtained in whole or in
part by the use of such moneys.
HISTORY: Code 1981, § 36-22-12, enacted by Ga. L. 2000, p. 392, § 1; §
12-6A-9, as redesignated by Ga. L. 2008, p. 90, §
1-1/HB 1176.
§
12-6A-10. Land Conservation Geographic Information System
established; availability of data and maps; cooperation with other agencies,
institutions, and organizations; assistance with development of projects
(a) 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.
(b) 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 this chapter.
(c) The department shall cooperate with the commission, the State Soil and
Water Conservation Commission, the Cooperative Extension Service of the
HISTORY: Code 1981, § 36-22-13, enacted by § 12-6A-10, as redesignated by Ga. L. 2008, p. 90, § 1-1/HB 1176.
§
12-6A-11. Role of nonprofit organizations
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 the land conservation goals as set
forth in this chapter. Therefore, the state looks to these organizations to
provide program education to the public and private sector; to partner with
cities, counties, the department, the commission, other state departments or
agencies, and other state authorities in the identification and development of
land conservation project proposals; to promote existing and new partnership
enhancement tools; to promote transferable partnership models, including
demonstration projects to assist cities and counties with securing the local
funding match; and to take an active role in the permanent protection of
conservation lands by holding fee simple title or easements to lands.
HISTORY: Code 1981, § 36-22-14, enacted by § 12-6A-11, as redesignated by Ga. L. 2008, p. 90, § 1-1/HB 1176.