106-735. Short title, purpose, and administration. (a) This Article shall be known as "The Agricultural Development and Farmland Preservation Enabling Act." (b) The purpose of this Article is to authorize counties and cities to undertake a series of programs to encourage the preservation of qualifying farmland, as defined herein, and to foster the growth, development, […]
106-736. Agricultural Development/Farmland preservation programs authorized. (a) A county or a city may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualifying farms, as defined in G.S. 106-737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. (b) A county […]
106-737. Qualifying farmland. In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real property that: (1) Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. […]
106-737.1. Revocation of conservation agreement. By written notice to the local government administering the voluntary agricultural district program, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, s. 3; 2021-78, s. 1.)
106-738. Voluntary agricultural districts. (a) An ordinance adopted under this Part shall provide: (1) For the establishment of voluntary agricultural districts upon the execution of a conservation agreement as provided in G.S. 106-737(4). (2) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021. (3) Repealed by Session Laws 2021-78, s. 1, effective July […]
106-739. Agricultural advisory board. (a) An ordinance adopted under this Part or Part 3 of this Article shall provide for the establishment of an agricultural advisory board, organized and appointed by the board of county commissioners or the city council adopting the ordinance. The county or city that adopted the ordinance may confer upon this […]
106-740. Public hearings on condemnation of farmland. An ordinance adopted under this Part or Part 3 of this Article may provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district under this Part or an enhanced voluntary […]
106-741. Record notice of proximity to farmlands. (a) All counties shall require that land records include some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of the property line of any tract of land enrolled in a voluntary agricultural […]
106-742. Waiver of water and sewer assessments. (a) A county or a city that has adopted an ordinance under this Part may provide by ordinance that its water and sewer assessments be held in abeyance, with or without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property […]
106-743. Local ordinances. A county or a city adopting an ordinance under this Part or Part 3 of this Article may consult with the North Carolina Commissioner of Agriculture or the Commissioner’s staff before adoption, and shall record the ordinance with the Commissioner’s office after adoption. Thereafter, the county or city shall submit to the […]
106-743.1. Enhanced voluntary agricultural districts. (a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary agricultural district. An ordinance adopted pursuant to this Part shall provide: (1) For the establishment of an enhanced voluntary agricultural district that initially consists of at least the number of contiguous acres of agricultural land, and […]
106-743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts; limitation. A conservation agreement entered into between a county or city and a landowner pursuant to G.S. 106-743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is executed. At the end of its term, a conservation agreement […]
106-743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural districts. The provisions of G.S. 106-739 through G.S. 106-741 and G.S. 106-743 apply to an enhanced voluntary agricultural district under this Part, to an ordinance adopted under this Part, and to any person, entity, or farmland subject to this Part in the same […]
106-743.4. Enhanced voluntary agricultural districts; additional benefits. (a) Property that is subject to a conservation agreement under G.S. 106-743.2 that remains in effect may receive up to twenty-five percent (25%) of its gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from zoning regulations under […]
106-743.5. Waiver of utility assessments. (a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county or a city may provide that all assessments for utilities provided by that county or city are held in abeyance, with or without interest, for farmland subject to a conservation agreement under G.S. 106-743.2 that […]
106-744. Purchase of agricultural conservation easements; establishment of North Carolina Agricultural Development and Farmland Preservation Trust Fund and Advisory Committee. (a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined by G.S. 106-737. (b) For purposes of this section, "agricultural conservation easement" means a […]
