45-2. Definitions

The following terms are defined for purposes of this Chapter:

Agricultural Conservation Easement. An agricultural conservation easement (sometimes herein “ACE” or “Conservation Easement”) shall have the meaning defined in N.C Gen. Stat. §106-744 and to the extent not inconsistent with N.C. Gen. Stat. §106-744 generally means a written agreement between a landowner and a qualified conservation organization or public agency under which:

  • The landowner agrees to keep the land available for agriculture and/or forestry and restrict subdivision or non-farm development and other uses that are incompatible with commercial agriculture and forestry and
  • The qualified conservation organization or public agency shall monitor the agricultural conservation easement to ensure the easement terms are met.   

No limitations shall be stated or interpreted to prevent a landowner from conducting agricultural activities, including, but not limited to, the production of crops, forestry products, horticultural crops or products, tillage, livestock, and livestock products. Associated uses allowable are sales and processing necessary and customarily incidental to the agricultural activities on-site, which are in keeping with the program's purpose.

 

Board or Advisory Board. The Henderson County Agricultural Advisory Board.

Board of Commissioners.  The Henderson County Board of Commissioners.

Chairman. The Chairman of the Agricultural Advisory Board.

Conservation Agreement. Defined per N.C. Gen. Stat. § 121‑35 as a right, whether or not stated in the form of a restriction, reservation, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of the owner of land or improvement thereon or in any order of taking, appropriate to retaining land or water areas predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming, or forest use.

District. A voluntary agricultural district.

Enhanced Voluntary Agricultural District. The enhanced voluntary agricultural district (“EVAD”) shall have the meaning defined in N.C Gen. Stat. §106-743.1.

Farmland Preservation Coordinator. This refers to a Henderson County employee in the Henderson County Soil and Water Conservation District office who administers the Agricultural Preservation Program and supports the Agricultural Advisory Board.

Preservation Agreement. A voluntary agreement between a landowner and Henderson County for participation in the Voluntary Agricultural District Program.

Qualified Land Conservation Organization. A tax-exempt organization with a mission dedicated to conservation or preservation and experience in real property acquisition, a land trust, or a government entity. 

Voluntary Agricultural District.  The Voluntary Agricultural District (“VAD”) shall have the meaning defined in N.C. Gen. Stat. §106-738.