45-43. Benefits

  1. The benefits set forth in this Part shall be available to the farmland that is the subject of the conservation agreement for the duration of the easement and conservation agreement and for so long as the benefits of such agreement have not been withdrawn under the provisions of this Part due to non-compliance with the terms of such easement and conservation agreement.
  2. Property that is subject to a conservation agreement under N.C. Gen. Stat. §106-743.2 that remains in effect may receive up to 25 percent 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 N.C. Gen. Stat. §153A-340(b). For purposes of N.C. Gen. Stat. §153A-340(b), the production of any nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is subject to a conservation agreement under N.C. Gen. Stat. §106-743.2 is a bona fide farm purpose. A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products did not exceed 25 percent of its gross sales.
  3. Pursuant to N.C. Gen. Stat. §106-743.4 (b), a person who farms land that is subject to a conservation agreement under N.C.Gen. Stat. §106-743.2 that remains in effect is eligible under N.C.G.S. Chapter 160, Article 72 to receive the higher percentage of cost-share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to N.C.G.S Chapter 143, Article 21, Part 9, for funds to benefit that farmland.
  4. All assessments for utilities provided by Henderson County are held in abeyance, without interest, for farmland subject to a conservation agreement under N.C.Gen. Stat. §106-743.2 that remains in effect until improvements on the farmland property are connected to the utility for which the assessment was made. When the period of abeyance ends, such assessment is payable in accordance with the terms of the assessment resolution. Pursuant to N.C. Gen. Stat. §106-743.5(c), statutes of limitations are suspended during the time that any assessment is held in abeyance under this section without interest.