North Carolina General Statutes Chapter 121 Archives and History

Article 1 - General Provisions.

N.C. Gen. Stat. § 121-1. Short title
This Article shall be known as the North Carolina Archives and History Act. (1973, c. 476, s. 48.)
N.C. Gen. Stat. § 121-2. Definitions
For the purposes of this Article: (1) "Agency" shall mean any State, county, or municipal office, department, division, board, commission or separate unit of...
N.C. Gen. Stat. § 121-3. Name
The archival and historical agency of the State of North Carolina shall be the Department of Cultural Resources. (1945, c. 55; 1955, c. 543,...
N.C. Gen. Stat. § 121-4. Powers and duties of the Department of Cultural Resources
The Department of Cultural Resources shall have the following powers and duties: (1) To accept gifts, devises, and endowments for purposes which fall within...
N.C. Gen. Stat. § 121-4.1. North Carolina Register of Historic Places
(a) The Department of Cultural Resources may establish, expand, and maintain a North Carolina Register of Historic Places composed of districts, sites, buildings, structures,...
N.C. Gen. Stat. § 121-5. Public records and archives
(a) State Archival Agency Designated. - The Department of Cultural Resources shall be the official archival agency of the State of North Carolina with...
N.C. Gen. Stat. § 121-5.1. State Historical Records Advisory Board
(a) The State Historical Records Advisory Board, which was constituted in 1975 in accordance with 44 U.S.C. 2501; 36 C.F.R. 1206 is continued under...
N.C. Gen. Stat. § 121-6. Historical publications
(a) General Provisions. - It shall be the duty of the Department of Cultural Resources to promote and encourage the writing of North Carolina...
N.C. Gen. Stat. § 121-7. Historical museums
(a) The Department of Cultural Resources shall maintain and administer State historic attractions under the management of the Office of Archives and History for...
N.C. Gen. Stat. § 121-7.1. Maritime Museum; disposition of artifacts
Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Department of...
N.C. Gen. Stat. § 121-7.3. Admission and related activity fees
The Department of Cultural Resources may charge a reasonable admission and related activity fee to any historic site or museum administered by the Department....
N.C. Gen. Stat. § 121-7.4. Graveyard of the Atlantic Museum
The Department of Cultural Resources shall assume from the Graveyard of the Atlantic Museum, the administration of the Graveyard of the Atlantic Museum on...
N.C. Gen. Stat. § 121-7.5. Bentonville Battlefield Fund
(a) Fund. - The Bentonville Battlefield Fund is created as a special fund in the Department of Cultural Resources, Division of State Historic Sites....
N.C. Gen. Stat. § 121-7.6. North Carolina Transportation Museum special fund
(a) Fund Established. - The North Carolina Transportation Museum Fund is created as a special interestbearing, nonreverting enterprise fund in the Department of Cultural...
N.C. Gen. Stat. § 121-7.7. State Historic Sites and Museums special fund
(a) Fund. - The State Historic Sites and Museums Fund is created as a special, interest-bearing revenue fund in the Division of State Historic...
N.C. Gen. Stat. § 121-8. Historic preservation program
(a) Historic Preservation Agency Designated. - The historic preservation agency of the State of North Carolina shall be the Department of Cultural Resources. (b)...
N.C. Gen. Stat. § 121-9. Historic properties
(a) Administration of Properties Acquired by State. - Historic or archaeological properties acquired by the State for administration by the State of North Carolina...
N.C. Gen. Stat. § 121-9.1. Lake Mattamuskeet Lodge Preservation
(a) Notwithstanding G.S. 121-9, the State of North Carolina accepts the transfer of the Mattamuskeet Lodge and surrounding property to the State under the...
N.C. Gen. Stat. § 121-10. Security of historic properties
(a) Designated Employees Commissioned Special Peace Officers by Governor. - Upon application by the Secretary of Cultural Resources, the Governor is hereby authorized and...
N.C. Gen. Stat. § 121-11. Procedures where assistance extended to cities, counties, and other agencies or individuals
In consideration of the public purpose thereby achieved, the Department of Cultural Resources may assist any county, city, or other political subdivision, corporation or...
N.C. Gen. Stat. § 121-12. North Carolina Historical Commission
(a) Protection of Properties on National Register. - It shall be the duty of the Historical Commission, meeting at such times and according to...
N.C. Gen. Stat. § 121-12.1. Grants-in-aid
Under the concepts of reorganization of State government, responsibility for administering appropriations to the Department of Cultural Resources for grants-in-aid to private nonprofit organizations...
N.C. Gen. Stat. § 121-12.2. Procedures for preparing budget requests and expending appropriations for grants-in-aid
Requests for funding may be submitted by these organizations to the Department of Cultural Resources. If received by any other department of State government...
N.C. Gen. Stat. § 121-13. Acquisition of portrait of Governor during term of office
During the term of office of each Governor of this State and at least six months prior to its expiration, the Secretary of the...
N.C. Gen. Stat. § 121-13.1 through 121-13.2. Repealed by Session Laws 1973, c. 476, s. 48

Article 2 - Tryon's Palace and Tryon's Palace Commission.

N.C. Gen. Stat. § 121-14. Acceptance and administration of gifts for restoration of Tryon's Palace; execution of deeds, etc
The Department of Cultural Resources is hereby authorized and empowered to accept gifts of real or personal property from any source for the restoration...
N.C. Gen. Stat. § 121-15. Authority to acquire necessary property for restoration when certain funds available
The Department of Cultural Resources is hereby authorized and directed to acquire the necessary property in New Bern, North Carolina, for the restoration of...
N.C. Gen. Stat. § 121-16. Acquiring lands by purchase or condemnation
The Department of Cultural Resources, within the limits and amounts appropriated by the General Assembly and any funds available from donations or otherwise, when...
N.C. Gen. Stat. § 121-17. Funds deposited with trustee
The Governor as Director of the Budget shall have full authority and discretion to approve the acceptance of donations of cash or securities irrevocably...
N.C. Gen. Stat. § 121-18. Closing streets and including area in restoration project; acquiring area originally included in Palace grounds
Whereas the said Tryon's Palace and grounds originally included all of that area in the City of New Bern known and designated as George...
N.C. Gen. Stat. § 121-19. Repealed by Session Laws 1973, c. 476, s. 56
N.C. Gen. Stat. § 121-20. Commission to receive and expend funds donated or made available for restoration of Tryon's Palace; Commission to acquire and sell artifacts for Tryon's Palace
(a) In addition to exercising the powers and duties imposed upon the Tryon Palace Commission by Chapter 791 of the Session Laws of 1945...
N.C. Gen. Stat. § 121-21. Commission authorized to adopt and copyright certain emblems and lease or license the use of reproductions or replicas
The Tryon Palace Commission is hereby authorized to adopt an official flag, seal, and other emblems appropriate in connection with the management and operation...
N.C. Gen. Stat. § 121-21.1. Tryon Palace Historic Sites and Gardens Fund
(a) Fund. - The Tryon Palace Historic Sites and Gardens Fund is hereby created as a special, interest-bearing, and nonreverting fund in the Division...

Article 3 - Salvage of Abandoned Shipwrecks and Other Underwater Archaeological Sites.

N.C. Gen. Stat. § 121-22. Title to bottoms of certain waters and shipwrecks, etc., thereon declared to be in State
Subject to Chapter 82 of the General Statutes, entitled "Wrecks" and to the provisions of Chapter 210, Session Laws of 1963, and to any...
N.C. Gen. Stat. § 121-23. Department is custodian of underwater personal property of the State and may adopt rules concerning the property
The Department of Cultural Resources is the custodian of shipwrecks, vessels, cargoes, tackle, and underwater archaeological artifacts to which the State has title under...
N.C. Gen. Stat. § 121-24. Department authorized to establish professional staff
The Department of Cultural Resources is also authorized to establish a professional staff for the purpose of conducting and/or supervising the surveillance, protection, preservation,...
N.C. Gen. Stat. § 121-25. License to conduct exploration, recovery or salvage operations
Any qualified person, firm or corporation desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any part...
N.C. Gen. Stat. § 121-25.1. Criminal record checks of applicants for permit or license
(a) The following definitions apply to this section: (1) Applicant. - A person or entity applying for a permit or license under G.S. 121-25...
N.C. Gen. Stat. § 121-26. Funds received by Department under � 121-25
Any funds which may be paid to or received by the Department of Cultural Resources under the terms of G.S. 121-25 hereof may be...
N.C. Gen. Stat. § 121-27. Law-enforcement agencies empowered to assist Department
All law-enforcement agencies and officers, State and local, are hereby empowered to assist the Department of Cultural Resources in carrying out its duties under...
N.C. Gen. Stat. § 121-28. Violation of Article a misdemeanor
Any person violating the provisions of this Article or any rules or regulations established thereunder shall be guilty of a Class 1 misdemeanor. (1967,...
N.C. Gen. Stat. § 121-29 through 121-33. Reserved for future codification purposes

Article 4 - Conservation and Historic Preservation Agreements Act.

N.C. Gen. Stat. § 121-34. Short title
The title of this Article shall be known as the "Conservation and Historic Preservation Agreements Act." (1979, c. 747, s. 1; 2004-195, s. 1.3.)
N.C. Gen. Stat. § 121-35. Definitions
Subject to any additional definitions contained in this Article, or unless the context otherwise requires: (1) A "conservation agreement" means a right, whether or...
N.C. Gen. Stat. § 121-36. Applicability
(a) This Article shall apply to all conservation and preservation agreements falling within its terms and conditions. (b) This Article shall not be construed...
N.C. Gen. Stat. § 121-37. Acquisition and approval of conservation and preservation agreements
Subject to the conditions stated in this Article, any holder may, in any manner, acquire, receive or become a party of a conservation agreement...
N.C. Gen. Stat. § 121-38. Validity of agreements
(a) No conservation or preservation agreement shall be unenforceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit...
N.C. Gen. Stat. § 121-39. Enforceability of agreements
(a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief administered or afforded by the courts...
N.C. Gen. Stat. § 121-40. Assessment of land or improvements subject to agreement
For purposes of taxation, land and improvements subject to a conservation or preservation agreement shall be assessed on the basis of the true value...
N.C. Gen. Stat. § 121-41. Public recording of agreements
(a) Except as provided in subsection (c) of this section, conservation agreements shall be recorded in the office of the Register of Deeds of...
N.C. Gen. Stat. § 121-42. Citation of Article
This Article shall be known and may be cited as the "Conservation and Historic Preservation Agreements Act." (1979, c. 747, s. 9; 2004-195, s.

Last modified: March 23, 2014