TITLE 12 CONSERVATION AND NATURAL RESOURCES

6A. Outdoor Stewardship, 12-6A-1 through 12-6A-12.

ARTICLE 6 FOREST HERITAGE TRUST

12-6A-2. (For effective date, see note) Definitions.

As used in this chapter, the term:

1. "Authority" means the Georgia Environmental Finance 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 12-6-2.
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 conservation purposes:
   1. Water quality protection for rivers, streams, and lakes;
   2. Flood protection;
   3. Wetlands protection;
   4. Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks;
   5. Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;
   6. Protection of prime agricultural and forestry lands;
   7. Protection of cultural sites, heritage corridors, and archeological and historic resources;
   8. Scenic protection;
   9. Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and
   10. 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, as evidenced by the organizational documents.

   (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:
    1. Owned by the federal government and designated for recreation, conservation, or natural resource;
    2. Owned by the State of Georgia and dedicated as a heritage preserve;
    3. Owned by a state or local unit of government or authority and subject to:
       1. A conservation easement that ensures that the land will be maintained for conservation purposes;
       2. 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;
       3. A restrictive covenant in favor of a federal governmental entity; or
       4. A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60;
    4. 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 for conservation purposes; or
    5. Acquired with funds from the revolving loan fund, owned by a nongovernmental entity, and subject to a contractual agreement that ensures that the land will not be disposed of except for conservation purposes during the period that the loan is outstanding.
11. "Revolving loan fund" means the Georgia Land Conservation Revolving Loan Fund established by this chapter.
12. Reserved.
13. "Trust fund" means the Georgia Land Conservation Trust Fund established by this chapter.

(Code 1981, §36-22-2, enacted by Ga. L. 2000, p. 392, § 1; Ga. L. 2005, p. 175, § 2/HB 98; Ga. L. 2006, p. 72, § 36/SB 465; Code 1981, §12-6A-2, as redesignated by Ga. L. 2008, p. 90, § 1-1/HB 1176; Ga. L. 2010, p. 949, § 1/HB 244; Ga. L. 2010, p. 1090, § 1/SB 402.)

The 2010 amendments. The first 2010 amendment, effective July 1, 2010, substituted "Georgia Environmental Finance Authority" for "Georgia Environmental Facilities Authority" in the middle of paragraph (1). The second 2010 amendment, effective July 1, 2010, substituted "conservation purposes" for "goals" at the end of the introductory language of paragraph (5); added ", as evidenced by the organizational documents" at the end of paragraph (9.1); in division (10)(C)(i) and subparagraph (10)(D), substituted "for conservation purposes" for "as conservation land"; and substituted the present provisions of subparagraph (10)(E) for the former provisions, which read: "Permanently legally protected by any other method that ensures the conservation land will remain forever in uses which further the goals of this chapter."