For Conservation Easement Grantees:
Thank you for partnering with the Farmland Preservation Division and the ADFP Trust Fund to help preserve family farms and forests in North Carolina.
Please review the information on this page. These resources will assist your organization in completing your grant through the ADFP Trust Fund.
- The NCDA&CS ADFPTF conservation easement contract is a two-year contract. The first contract year is to complete the conservation easement project, including recording the conservation easement. The second contract year is reserved for the completion of the conservation easement project due to documented hardships. The Grantee agrees to record the conservation easement within the first year of the two-year contract following the timeline below. Failure to follow the deliverable timeline is a breach of the contract, and the Grantee must repay any grant funding received from the NCDA&CS ADFPTF.
Deliverables (Documents) Must be provided in the following order and submitted as a complete suite in Word or PDF electronic format for ADFPTF review and approval.
Completion Date for Documents Provided to the Agency by the Grantee
Easement Parcel Identification Suite
- Preliminary Conservation Easement Survey, per the ADFPTF Survey Requirements and Checklist
- Preliminary Title Policy
- Preliminary Attorney’s signed Title Opinion certifying title for a period of at least sixty years
Within 180 days of the beginning date of the grant contract
Land Management Documents Suite
- Environmental Audit including Hazardous Materials Checklist and Landowner Interview
- Certified Development Rights Appraisal dated less than 90 days prior to closing. Updated Opinion Letters by the appraiser are acceptable.
- Conservation Plan, if applicable
- Forestry Plan, if applicable
- Preliminary Baseline that includes applicable Conservation Plan and Forestry Plan, Environmental Audit, and Conservation Easement Survey, per the ADFPTF Baseline Documentation Report Requirements and Checklist
Within 210 days of the beginning date of the grant contract and no less than 60 days before the scheduled conservation easement recording date
Legal Conservation Document Suite
- Conservation Easement Survey in recordable format and approved by County Review Officers
- Final Conservation Easement with applicable exhibits
- Preliminary HUD Statement
- Title Commitment
- Signed Subordination Agreement, if applicable
- Final Baseline that includes applicable Conservation Plan and Forestry Plan, Environmental Audit, and Conservation Easement Survey, per the ADFPTF Baseline Documentation Report Requirements and Checklist
Within 240 days of the beginning date of the grant contract and no less than 30 days before the scheduled conservation easement recording date
Set Target Date for Easement Closing
- All Legal Conservation Document Suite documents must be approved by NCDA&CS Legal Affairs
Within 270 days of the beginning date of the grant contract, and shall be no less than 30 days before the contract end date.
Final Legal Conservation Document Suite
- Recorded Conservation Easement
- Recorded Survey
- Final Title Opinion
- Final Title Policy
- Recorded Subordination Agreement, if applicable
- Signed HUD Statement
- Signed Baseline
Due within 20 working days (28 calendar days) following closing and recording date of the conservation easement.
- The grantee will use the selected easement template unless the exception category has been designated and approved by the Agency. The selection of the appropriate template is based upon partnership funding used to secure the conservation easement. Unless clearly delineated in the proposed conservation easement map, the landowner waives the rights of creation of no more than three lots pursuant to N.C.G.S. 106-744(b)(1); therefore no lots shall be created in the easement area. The Agency legal counsel and Farmland Preservation Director must approve additions, omissions, or modifications of said template. The final “Conservation Easement” must meet with Agency approval to remain eligible for funding. Click here to view current conservation easement templates.