Article IV - Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts

The purpose of voluntary agricultural districts, per N.C. Gen. Stat. §106-738(b), are formed by landowners shall be to encourage the economic and financial well-being of farming areas, decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, undesirable nonfarm development, other negative impacts on participating farms, and to increase the identity and pride in the agricultural community and its way of life.

1. An agricultural district shall initially consist of at least fifty (50) or more contiguous acres of qualifying farmland or at least five (5) qualifying farms, which collectively will create a district with Page 3 of 13 Chapter 45 - Farmland Preservation Published on Henderson County North Carolina (https://www.hendersoncountync.gov) each said farm lying within one mile of any other such farm. An agricultural district may be enlarged by adding qualifying farms subsequent to initial formation.
2. An agreement to sustain, encourage, and promote agriculture must be executed by each applicant in the district and submitted to the Agricultural Advisory Board for approval.
3. Landowners may apply to participate in existing districts and are encouraged to do so.
4. To secure County certification in an agricultural district, a landowner, for such designation, shall apply to the Agricultural Advisory Board. Application forms may be obtained from the Soil and Water Conservation District office.
5. Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate each application pursuant to Article IV. Said parties shall evaluate, complete, and return copies to the Agricultural Advisory Board at the subsequent meeting.
6. The Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of the Board's decision.
7. If the Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.

By written notice to the Board, a landowner of qualifying farmland may revoke the preservation agreement formulated pursuant to Article IV Part 1 of this Chapter, or the Board may revoke the same preservation agreement based on noncompliance by the landowner. Such revocation shall result in loss of eligibility to participate in a Voluntary Agricultural District.

The purposed of Enhanced Voluntary Agricultural Districts is to provide, pursuant to N.C. Gen. Stat. §106-743.1 et seq., all the benefits to the County of Voluntary Agricultural Districts under Part 1 of this Article, with additional benefits to the County and to its farmland beyond that available in a voluntary agricultural district established under Part 2 of this Article, when the owner of the farmland agrees to the condition imposed hereunder.

1. Enhanced Voluntary Agricultural Districts must meet all the requirements of Part 1 of this Article.
2. Landowners who desire inclusion of their land in an Enhanced Voluntary Agricultural District must not only meet all the requirements of Part 1 of this Article but must also enter into an irrevocable agricultural easement and conservation agreement (pursuant to N.C.G.S. §121-35) for a term of ten (10) years with Henderson County through its Agricultural Advisory Board, as specified below. Such easement shall contain a provision that at its expiration, the easement automatically renews for subsequent three (3) year periods unless either party gives the other written notice prior to such expiration to Henderson County and its Agricultural Advisory Board.
3. The form of the agreement required under A., above, shall be approved by the Henderson County Agricultural Advisory Board and shall meet the requirements of N.C.G.S. §106-743.2.

1. The benefits outlined 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 twenty-five (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 twenty-five (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.

1. Eligible landowners may apply to participate in existing districts and are encouraged to do so.
2. To secure county certification in an Enhanced Voluntary Agricultural District, a landowner with such designation will apply to the Agricultural Advisory Board. Application forms may be obtained at the Soil and Water Conservation District office.
3. Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate each application pursuant to Article IV. Said offices shall evaluate, complete, and return copies to the Agricultural Advisory Board at their next meeting. The Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of the Board's decision.
4. Approval of Agriculture Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District terms. Such agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board and the Henderson County Register of Deeds. Permitted uses for the land subject to such Easement and Conservation Agreement include agriculture, horticulture, forestry, and outdoor recreation. The Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner according to its terms, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the Easement and Conservation Agreement.
5. If the Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.

1. Pursuant to N.C. Gen. Stat. §106-740, no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland enrolled in a Voluntary or Enhanced Voluntary Agricultural District until it has requested the Henderson County Agricultural Advisory Board to hold a public hearing on the proposed condemnation.
2. Procedure for Public Hearing
   1. Within twenty (20) business days of receiving a request, the Henderson County Agricultural Advisory Board shall submit a press release describing the proposed action and date of hearing in the newspaper of record within Henderson County.  The public hearing on the proposed condemnation shall be held within twenty-five (25) days.
   2. The Advisory Board shall meet to review:
      1. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and
      2. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the Agricultural District within which the proposed action is to take place.
   3. The Agricultural Advisory Board may consult with the County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action.
   4. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action and forward to the decision making body of the agency proposing the acquisition.
   5. The total time period from the day a request for a hearing is received to the day that a final report is issued to the decision making body of the agency proposing the acquisition shall not exceed thirty (30) days. If the agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public.