12-6A-4 (2019)

As used in this chapter, the term:

(1) ‘‘Conservation land’’ means land and water, or interests therein, that are in their undeveloped, natural states or that have been developed only to the extent consistent with, or are restored to be consistent with, at least one of the following environmental values or conservation benefits:

(A) Water quality protection for wetlands, rivers, streams, or lakes;

(B) Protection of wildlife habitats;

(C) Protection of cultural sites, heritage corridors, and archeological and historic resources;

(D) Protection of land around Georgia’s military installations to ensure that missions are compatible with surrounding communities and that encroachment on military installations does not impair future missions;

(E) Support of economic development through conservation projects; or

CONSERVATION & NATURAL RES.

(F) Provision for recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities.

(2) ‘‘Costs of acquisition’’ means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to convey a conservation easement, or to obtain fee simple or other lesser interests in real property, to a holder who will ensure the permanent protection of the property as conservation land; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43.

(3) ‘‘Nongovernmental entity’’ means a nonprofit organization primarily concerned with the protection and conservation of land and natural resources, as evidenced by its organizational documents.

(4) ‘‘Outdoor recreation equipment establishments’’ means places of business classified under the 2007 North American Industry Classification Code 451110, sporting goods stores.

(5) ‘‘Permanently protected conservation areas’’ means those resources:

(A) Owned by the federal government and dedicated for recreation or conservation or as a natural resource;

(B) Owned by the State of Georgia and dedicated for recreation or conservation or as a natural resource;

(C) Owned by a state or local unit of government or authority and subject to:

(i) A conservation easement ensuring that the property will be maintained in a manner consistent with conservation land;

(ii) Contractual arrangements ensuring 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; or

(iii) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; or

(D) Owned by any person or entity and subject to a conservation easement ensuring that the property will be maintained in a manner consistent with conservation land.

(6) ‘‘Project proposal’’ means any application seeking moneys from the Georgia Outdoor Stewardship Trust Fund.