Easement Contract Deliverables

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Open Contract Requirements for Grantees

The NCDA&CS ADFPTF conservation easement contract is a two- or three-year contract depending on USDA participation as a funding partner on a project. The first contract year is to complete the conservation easement project, including recording the conservation easement. The remaining contract year (or years) 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 contract following the timeline to the right. 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.

  • Grantees are required to follow the due diligence deliverables timeline as seen here. All easements are expected to close within 365 days of contract award. Delays in due diligence submission must be communicated to the Farmland Preservation Specialist through an official extension request. 
    • To request extensions for due diligence deliverables documents, submit your request through our Formsite portal.
    • All due diligence deliverables must be submitted through a designated ShareFile link provided upon project award. 

Additional Considerations:

  • Easement Template: The grantee will use the pre-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, the presence or absence of building envelopes and the valuation method used. The final conservation easement deed must meet with Agency approval to remain eligible for funding. Find a full list of current conservation easement templates here. 
  • Farmstead Building Envelopes:  NCDA&CS ADFPTF allows for the creation of Farmstead Building Envelopes for residential, farm support housing, farmstead and recreational and accessory structures. 

    • Unless clearly delineated in the proposed conservation easement map, the landowner waives the rights of creation of no more than three residential lots pursuant to N.C.G.S. 106-744(b)(1); therefore no lots shall be created in the easement area.
    • Farmstead Building Envelopes must be labeled as such and denoted by usage as follows: 
      • Farmstead Building Envelope: Future Residential 
      • Farmstead Building Envelope: Existing Residential 
      • Farmstead Building Envelope: Farm Support Housing
      • Farmstead Building Envelope: Farmstead
      • Farmstead Building Envelope: Recreational and Accessory Structures