North Carolina Clean Water Management Trust Fund

Last updated

North Carolina Land and Water Fund (NCLWF) was created by the North Carolina General Assembly in 1996 as the 'Clean Water Management Trust Fund'. [1] The fund is an independent non-regulatory agency housed in the Division of Land and Water Stewardship in the North Carolina Department of Natural and Cultural Resources. The special revenue fund was created "to clean up pollution in the State's surface waters and to protect and conserve those waters that are not yet polluted. [2] The intent of the fund is "to focus on the cleanup and prevention of pollution of the State's surface waters, the establishment of a network of riparian buffers and greenways, and the preservation of property for establishing clean water supplies, the General Assembly believes that the results of these efforts will also be beneficial to wildlife and marine fisheries habitats." [2] NCLWF issues grants to a variety of entities including local governments, state agencies and nonprofit corporations "whose primary purpose is the conservation, preservation, and restoration of our State's environmental and natural resources". [2]

Contents

Enabling legislation and purpose

The fund is authorized under North Carolina general statute Article 2; Part 41 §143B-135.234: [3]

(a) Fund Established. – The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of Natural and Cultural Resources. The Clean Water Management Trust Fund shall also be known as the "Land and Water Fund." The fund receives revenue from the following sources and may receive revenue from other sources:

  1. Annual appropriations.
  2. Special registration plates under G.S. 20-81.12.
  3. Other special registration plates under G.S. 20-79.7.
  4. Hazard mitigation funds from the Federal Emergency Management Agency and other agencies. [3]

Funding purposes are laid out in the legislation, and have evolved over time. Septic and sewer infrastructure are no longer eligible, and natural heritage elements were added as part of the merger with the former NC Natural Heritage Trust Fund. Section C of the enabling legislation lays out the purposes as of June 2021:

(c) Fund Purposes. – Moneys from the fund are appropriated annually to finance projects to clean up or prevent surface water pollution and for land preservation in accordance with this Part. Revenue in the fund may be used for any of the following purposes:

  1. To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.
  2. To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs.
  3. To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality.
  4. To restore previously degraded lands to reestablish their ability to protect water quality.
  5. To facilitate planning that targets reductions in surface water pollution.
  6. To finance innovative efforts, including pilot projects, to improve stormwater management, to reduce pollutants entering the State's waterways, to improve water quality, and to research alternative solutions to the State's water quality problems.
  7. To prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas.
  8. To acquire land that represents the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes.
  9. To acquire land that contributes to the development of a balanced State program of historic properties.
  10. Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.
  11. Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.
  12. To protect and restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities.

Grant requirements and funding

Local governments, state agencies, and nonprofit conservation organizations, such as land trusts and watershed groups, are eligible applicants. Grant applications to the fund are due in early February and are guided by a set of application ranking criteria. [4]

GS § 143B-135.238 lays out general grant requirements and eligible applicants: [5]

(a) Eligible Applicants. - Any of the following are eligible to apply for a grant from the fund for the purpose of protecting and enhancing water quality:

  1. A State agency.
  2. A local government unit.
  3. A nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of our State's cultural, environmental, or natural resources.

(b) Criteria. - The criteria developed by the Trustees under G.S. 143B-135.242 apply to grants made under this Part.

(c) Matching Requirement. - The Board of Trustees shall establish matching requirements for grants awarded under this Part. This requirement may be satisfied by the donation of land to a public or private nonprofit conservation organization as approved by the Board of Trustees. The Board of Trustees may also waive the requirement to match a grant pursuant to guidelines adopted by the Board of Trustees.

(d) Restriction. - No grant shall be awarded under this Part for any of the following purposes:

  1. To satisfy compensatory mitigation requirements under 33 USC § 1344 or G.S. 143-214.11.
  2. To any project receiving State funds authorized by G.S. 143-215.71 for the nonfederal share of a grant under the Environmental Quality Incentives Program.

(e) Withdrawal. - An award of a grant under this Part is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the award, unless the Trustees find that the applicant has good cause for the failure. If the Trustees find good cause for a recipient's failure, the Trustees must set a date by which the recipient must take action or forfeit the grant.  (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 6; 2006-178, s. 1; 2007-185, s. 1; 2014-100, s. 14.8(c); 2015-241, s. 14.30(k1), (r1); 2020-18, s. 12(b).)

The fund receives allocations from two primary sources: annual appropriations from the General Assembly and special registration plates under G.S. 20‑81.12. [2]

Structure

Since a legislative restructuring in 2013, the board of trustees is composed of 9 board members. 3 of which are appointed by the Governor (including the chairman), 3 appointed by the President Pro Tempore of the Senate, and 3 appointed by the Speaker of the House of Representatives.

The board membership as of June 2021 is as follows:

John Wilson (chair)Acquisition Committee, Executive Committee (chair), Restoration, Innovative Stormwater, and Planning Committee
Ann Browning (Vice-chair)Acquisition Committee, Executive Committee, Restoration, Innovative Stormwater, and Planning Committee
E. Greer CawoodAcquisition Committee
Amy GrissomAcquisition Committee
Judith KennedyRestoration, Innovative Stormwater, and Planning Committee
Renee KumorExecutive Committee, Restoration, Innovative Stormwater, and Planning Committee (chair)
Jason WalserAcquisition Committee (chair), Executive Committee
Darrel WilliamsRestoration, Innovative Stormwater, and Planning Committee
David WomackAcquisition Committee

Prior to 2013: The board of trustees was a 21-member board which was appointed by state elected officials including the governor of NC who appointed seven members with varying staggered terms, the President Pro Tempore of the Senate appointed seven members with varying staggered terms, and the Speaker of the House of Representatives who also appointed seven members with varying staggered terms. [2]

The qualifications must include knowledge in one of the following areas: acquisition and management of natural areas, conservation and restoration of water quality, wildlife and fisheries habitats and resources, or environmental management. [2]

Staffing

As of May 2021, the fund employs ten individuals including: executive director, deputy director, stewardship program manager, executive assistant, acquisition program manager, acquisition project manager, restoration program manager, infrastructure administrative assistant, two field representatives representing the two geographic areas (western and eastern) of the state. [6] The current executive director is Walter Clark (2017–present). Former executive directors are as follows: Bryan Gossage (2013-2017), [7] Richard Rogers (2009–2007), [8] D.G. Martin (Interim Director) (2007), Bill Holman (2000–2006), and David McNaught (1996-2000).

Key investment sectors

The fund typically makes key investments in NC's four primary economic sectors: [9]

The fund lists funded projects going back to 2013. [10]

Historic project totals

Acquisition projects – 750 projects funded as of 2012 for a total investment of $523,000,000 (fee simple and conservation easements combined) [11]

Donated easement minigrants – 170 projects funded as of 2012 for a total investment of $3,900,000 [11]

Stream restoration projects – 175 projects funded as of 2012 for a total investment of $116,000,0000 [11]

Related Research Articles

Natural Resources Conservation Service (NRCS), formerly known as the Soil Conservation Service (SCS), is an agency of the United States Department of Agriculture (USDA) that provides technical assistance to farmers and other private landowners and managers.

<span class="mw-page-title-main">National Wildlife Federation</span> U.S. nonprofit environmental organization

The National Wildlife Federation (NWF) is the United States' largest private, nonprofit conservation education and advocacy organization, with over six million members and supporters, and 51 state and territorial affiliated organizations (including Puerto Rico and the Virgin Islands).

A conservation authority is a local, community-based natural resource management agency based in Ontario, Canada. Conservation authorities represent groupings of municipalities on a watershed basis and work in partnership with other agencies to carry out natural resource management activities within their respective watersheds, on behalf of their member municipalities and the Province of Ontario.

<span class="mw-page-title-main">Michigan Department of Natural Resources</span> Government agency of Michigan

The Michigan Department of Natural Resources (DNR) is the agency of the state of Michigan charged with maintaining natural resources such as state parks, state forests, and recreation areas. It is governed by a director appointed by the Governor and accepted by the Natural Resources Commission. Currently the Director is Daniel Eichinger. The DNR has about 1,400 permanent employees, and over 1,600 seasonal employees.

<span class="mw-page-title-main">Conservation development</span>

Conservation development, also known as conservation design, is a controlled-growth land use development that adopts the principle for allowing limited sustainable development while protecting the area's natural environmental features in perpetuity, including preserving open space landscape and vista, protecting farmland or natural habitats for wildlife, and maintaining the character of rural communities. A conservation development is usually defined as a project that dedicates a minimum of 50 percent of the total development parcel as open space. The management and ownership of the land are often formed by the partnership between private land owners, land-use conservation organizations and local government. It is a growing trend in many parts of the country, particularly in the Western United States. In the Eastern United States, conservation design has been promoted by some state and local governments as a technique to help preserve water quality.

Open Space Institute (OSI) is a conservation organization that protects land for clean drinking water, public recreation, healthy communities, wildlife habitat, and climate protection. Established in 1974, OSI achieves its goals through land acquisition, fiscal sponsorship, regional loan and grant programs, park and trail improvements, and public policy and advocacy. OSI is active across the country, including the states of New York, Vermont, New Hampshire, Maine, Georgia, South Carolina, Virginia, Tennessee, New Jersey, Massachusetts, Pennsylvania, Alabama, West Virginia, North Carolina, and Florida.

<span class="mw-page-title-main">Florida Department of Environmental Protection</span> Florida government agency

The Florida Department of Environmental Protection (FDEP) is the Florida government agency responsible for environmental protection.

Manitoba Environment and Climate is a department of the Government of Manitoba that is responsible for the management and protection of Manitoba's wildlife, water, species at risk, forestry, and other matters related to environmental stewardship and Manitoba's biodiversity of natural resources.

Private landowner assistance program (PLAP) is a class of government assistance program available throughout the U.S. for landowners interested in maintaining, developing, improving and protecting wildlife on their property. Each state provides various programs that assist landowners in agriculture, forestry and conserving wildlife habitat. This helps landowners in the practice of good land stewardship and provides multiple benefits to the environment. Some states offer technical assistance which includes:

Conserving Carolina is a non-profit conservation organization working to preserve water and land resources in Western North Carolina. Conserving Carolina was created in July 2017, from a merger of two previously separate organizations, Carolina Mountain Land Conservancy and Pacolet Area Conservancy. The combined organization maintains a primary office in Hendersonville, NC and a regional office in Columbus, NC.

<span class="mw-page-title-main">California State Water Resources Control Board</span>

The California State Water Resources Control Board (SWRCB) is one of six branches of the California Environmental Protection Agency.

The North Carolina Coastal Federation is a nonprofit organization that works with coastal residents and visitors to protect and restore the beautiful and productive N.C. coast. The four main areas in which the federation operates include: coastal advocacy; environmental education; habitat and water quality restoration and preservation; and support in the improvement and enforcement of environmental laws. The federation headquarters are located in Newport (Ocean), North Carolina, with regional offices in Wanchese and Wrightsville Beach, North Carolina. The federation is currently a member of Restore America's Estuaries (RAE).

<span class="mw-page-title-main">Maryland Environmental Trust</span> Land trust

The Maryland Environmental Trust (MET) is a land trust and quasi-public entity affiliated with the Maryland Department of Natural Resources and governed by a private Board of Trustees. It was established by the Maryland General Assembly in 1967.

<span class="mw-page-title-main">North Carolina Parks and Recreation Trust Fund</span>

The North Carolina General Assembly established the Parks and Recreation Trust Fund (PARTF) in 1994 to fund improvements in the state's park system, fund grants for local governments and increase public access to state beaches. The Parks and Recreation Authority, a fifteen-member appointed board, was also created to allocate funds from PARTF to the state parks and to the grants program for local governments.

<span class="mw-page-title-main">San Francisco Estuary Partnership</span>

The San Francisco Estuary Partnership (Partnership) is one of the 28 National Estuary Programs created in the 1987 Amendments to the Clean Water Act. The Partnership is a non-regulatory federal-state-local collaboration working to restore water quality and manage the natural resources of the San Francisco Bay-Sacramento–San Joaquin River Delta estuary. The Partnership works with over 100 municipalities, non-profits, governmental agencies, and businesses and helps develop, find funding for, and implement over 40 projects and programs aimed at improving the health of the estuary. The partnership either directly implements these projects, or administers and manages grants, holds educational workshops and highlights project results. The Partnership is also the official representative for the San Francisco Bay region to the Most Beautiful Bays in the World.

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

<span class="mw-page-title-main">Big Sur Land Trust</span> Non-profit located in Monterey, California

The Big Sur Land Trust is a private 501(c)(3) non-profit located in Monterey, California, that has played an instrumental role in preserving land in California's Big Sur and Central Coast regions. The trust was the first to conceive of and use the "conservation buyer" method in 1989 by partnering with government and developers to offer tax benefits as an inducement to sell land at below-market rates. Since 1978, with the support of donors, funders and partners, it has conserved over 40,000 acres through conservation easements, acquisition and transfer of land to state, county and city agencies. It has placed conservation easements on 7,000 acres and has retained ownership of over 4,000 acres.

<span class="mw-page-title-main">Conservation banking</span>

Conservation banking is an environmental market-based method designed to offset adverse effects, generally, to species of concern, are threatened, or endangered and protected under the United States Endangered Species Act (ESA) through the creation of conservation banks. Conservation banking can be viewed as a method of mitigation that allows permitting agencies to target various natural resources typically of value or concern, and it is generally contemplated as a protection technique to be implemented before the valued resource or species will need to be mitigated. The ESA prohibits the "taking" of fish and wildlife species which are officially listed as endangered or threatened in their populations. However, under section 7(a)(2) for Federal Agencies, and under section 10(a) for private parties, a take may be permissible for unavoidable impacts if there are conservation mitigation measures for the affected species or habitat. Purchasing “credits” through a conservation bank is one such mitigation measure to remedy the loss.

<span class="mw-page-title-main">Ted Davis Jr.</span> American politician from North Carolina

Robert Theodore Davis Jr. is an American politician. He was elected to represent the 19th district in the North Carolina House of Representatives in 2012. Davis is a lawyer by profession.

References

  1. ↑ NC House and Senate. "NC Enacted Legislation Chapter 113A Article 18" . Retrieved May 2, 2014.
  2. 1 2 3 4 5 6 NC General Assembly. "GS § 20-81.12. Collegiate insignia plates and certain other special plates" (PDF). NC General Assembly. Retrieved May 12, 2021.{{cite web}}: CS1 maint: url-status (link)
  3. 1 2 North Carolina General Statute (May 12, 2021). "§ 143B-135.234. Clean Water Management Trust Fund" (PDF). North Carolina General Assembly. Retrieved May 12, 2021.{{cite web}}: CS1 maint: url-status (link)
  4. ↑ "Apply for a Grant | North Carolina Land and Water Fund". nclwf.nc.gov. Retrieved May 12, 2021.
  5. ↑ "§ 143B-135.238. Grant requirements" (PDF). NC General Assembly. Retrieved May 12, 2021.{{cite web}}: CS1 maint: url-status (link)
  6. ↑ "NCLWF Staff Directory". North Carolina Land and Water Fund. 2021. Retrieved May 12, 2021.{{cite web}}: CS1 maint: url-status (link)
  7. ↑ Abigail Griffin (December 29, 2015). "Clean Water Trust Fund take lead in protecting state's water quality | Mountain Xpress". Mountainx.com. Retrieved August 15, 2022.
  8. ↑ April 11, 2011 April 1, 2020. ">NC Clean Water Management Trust Fund Strives to Protect NC Water Quality! | New Bern's Local News and Information –". Newbernnow.com. Retrieved August 15, 2022.{{cite web}}: CS1 maint: multiple names: authors list (link)
  9. 1 2 3 4 5 State of NC. "CWMTF FAQ" (PDF). www.CWMTF.net.
  10. ↑ "Funded Projects". North Carolina Land and Water Fund. Retrieved May 12, 2021.{{cite web}}: CS1 maint: url-status (link)
  11. 1 2 3 CWMTF. "Project Highlights 2012" (PDF).
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.