Statutes, codes, and regulations
NORTH CAROLINA ADMINISTRATIVE CODE
Title 02 - AGRICULTURE AND CONSUMER SERVICESChapter 59 - SOIL AND WATER CONSERVATION COMMISSIONSubchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL
Section .0100 - AGRICULTURE COST SHARE PROGRAM
Section 59D .0107 - COST SHARE AND INCENTIVE PAYMENTS

2 N.C. Admin. Code 59D.0107

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Current through Register Vol. 39, No. 11, December 2, 2024
Section 59D .0107 - COST SHARE AND INCENTIVE PAYMENTS
(a) Cost share incentive (CSI) payments may be made through Cost Share Agreements between the district, Division, and the applicant.
(b) For all practices except those eligible for Cost Share Incentives (CSI), the State shall fund a percentage of the average cost for BMP installation not to exceed the maximum cost share percentages shown in G.S. 106-850(b)(6), (8), and (9), and the applicant shall fund the remainder of the cost. In-kind contributions by the applicant shall be included in the applicants' cost share contribution. In-kind contributions shall be approved by the district and Division.
(c) CSI payments shall be limited to a maximum of three years per entity.
(d) Average installation costs for each comparative area or region of the State and the amount of cost share incentive payments shall be updated and revised triennially by the Division for approval by the Commission.
(e) The total annual cost share payments to an applicant shall not exceed the maximum funding authorized in G.S. 106-850(b)(6) and (9).
(f) Use of cost share payments shall be restricted to land located within the county approved for funding by the Commission. However, in the situation where an applicant's farm is not located solely within a county, the entire farm, if contiguous, shall be eligible for cost share payments.
(g) Agriculture Cost Share Program and Agricultural Water Resources Assistance Program Cost Share Agreements used on or for local, State, or federal government land shall be approved by the Commission to avoid potential conflicts of interest and to ensure that such contracts are consistent with the purposes of these programs.
(h) The district Board of Supervisors may approve Cost Share Agreements with cost share percentages or amounts less than the maximum allowable in G.S. 106-850(b)(6), (8), and (9) if:
(1) the Commission allocates insufficient cost share BMP funding to the district to enable it to award funding to all applicants; or
(2) the district establishes other criteria in its annual strategic plan for cost sharing percentages or amounts less than those allowable in G.S. 106-850(b)(6), (8) and (9).
(i) For purposes of determining eligible payments under practice-specific caps described in the Detailed Implementation Plan, the district board shall consider all entities with which the applicant is associated, including those in other counties, as the same applicant.

02 N.C. Admin. Code 59D .0107

Authority G.S. 106-850;106-860; 139-4; 139-8; 139-60;
Eff. May 1, 1987;
Amended Eff. July 1, 1992;
Recodified from 15A NCAC 06E .0007 Eff. December 20, 1996;
Amended Eff. June 1, 2008; April 1, 1999; November 1, 1997;
Transferred from 15A NCAC 06E .0107 Eff. May 1, 2012;
Readopted Eff. January 1, 2020.
Authority G.S. 106-850; 139-4; 139-8;
Eff. May 1, 1987;
Amended Eff. July 1, 1992;
Recodified from 15A NCAC 06E .0007 Eff. December 20, 1996;
Amended Eff. June 1, 2008; April 1, 1999; November 1, 1997;
Transferred from 15A NCAC 06E .0107 Eff. May 1, 2012.
Readopted by North Carolina Register Volume 33, Issue 23, June 3, 2019 effective 1/1/2020.