Article II - Agricultural Advisory Board
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.
A County Agricultural Advisory Board, consist of nine (9) members appointed by the Board of Commissioners, is
hereby established.
- Each Board member shall be a resident of Henderson County and shall be selected to provide the broadest possible representation of the geographical regions and to represent, to the extent possible, all segments of agricultural production existing within Henderson County as per N.C. Gen. Stat. §106-739.
- The Board shall consist of nine (9) members. The membership shall consist of five (5) members actively engaged in agriculture (as defined by NC § 106‑581.1.), two (2) at-large members with some form of agricultural knowledge, and two (2) at-large members from one of the following related professions or fields: real estate, engineering, surveying, environmental consulting, or finance. The Board of Commissioners shall appoint the members. Preference shall be given to applicants who have experience with conservation easements.
- All members are to serve for three (3) year terms and no more than two (2) consecutive term.
- Any vacancy on the Agricultural Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. The Agricultural Advisory Board may submit a recommendation for appointment.
- Any member of the Agricultural Advisory Board may be removed with or without cause by the Board of Commissioners.
- Each member of the Board shall receive ethics training annually through Henderson County, the School of Government, the Henderson County Soil and Water Conservation District, or the North Carolina Soil and Water Conservation Commission.
- The Board is to elect a Chairman and Vice Chairman each year at its first meeting of the calendar year. The Chairman shall preside over all regular or special meetings of the Board. The Board shall adopt its own bylaws, and such bylaws or amendments thereto must be approved by the Henderson County Board of Commissioners.
- The Board will use the calendar year as its meeting year. Meetings of the Board shall be publicized and conducted in accordance with provisions of the North Carolina Open Meetings Law. Such meetings shall be held at the call of the Chairman and at such other times as specified in the Board's rules of procedure.
- The Board shall keep minutes of the proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
- The Henderson County Agricultural Advisory Board shall contract with the Soil and Water Conservation District office to serve the Board for recordkeeping, correspondence and application procedures under this Chapter and whatever other services the Board needs to complete its duties.
- The Agricultural Advisory Board shall:
- Review and approve applications for qualifying farmland and Voluntary Agricultural Districts, Enhanced Voluntary Agricultural Districts, and Agricultural Conservation Easements, and make recommendations concerning the establishment and modification of agricultural districts, subject to the appeal of such decisions to the Board of Commissioners pursuant to N.C. Gen. Stat. §106-739(a)(1).
- Hold public hearings pursuant to Article VI of this Chapter.
- Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy or activities within the County that will affect agricultural districts.
- Execute agreements with landowners necessary for enrollment of land in a voluntary agricultural district.
- Perform other related tasks or duties assigned by the Board of Commissioners.
- Each district shall be assigned to a member of the Board who shall monitor and represent that district in all business conducted by the Board. Individual members will represent those districts closest to them geographically. No member will represent more than thirty percent (30%) of the total number of districts in the County or thirty percent (30%) of the total land area.
- Each member shall state if there is a conflict of interest with any Agricultural Conservation Easement application the Agricultural Advisory Board reviews. If a Board member applies and requests federal, state, or local funding, that member shall not participate in reviewing or approving any application for the same review cycle as the Agricultural Advisory Board is considering their application.