Part One - Voluntary Agricultural Districts

45-25. Purpose.

The purpose of voluntary agricultural districts shall be as stated in N.C. Gen. Stat. §106-738(b).

45-26.Application Procedure.
  1. An agricultural district shall initially consist of at least 100 or more contiguous acres of qualifying farmland or at least 3 qualifying farms, which collectively will create a district with each said farm lying within 1 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 as an agricultural district, a landowner, for such designation, will apply to the Chairman of the Agricultural Advisory Board. Application forms may be obtained from the Chairman at the Soil and Water Conservation District office or at the office of the Henderson County Planning Department.
  5. Upon receipt of an application, the Chairman will forward copies immediately to the Henderson County Assessor's office and the Henderson County Soil and Water Conservation District office for evaluation pursuant to Article IV. Said offices shall evaluate, complete and return their copies to the Chairman within 30 days of receipt.
  6. Within 30 days of receipt of respective reports from the County Assessor and the Soil and Water Conservation District office, the Board will meet and render a decision regarding the application. The Chairman will notify the applicant by mail of the Board's decision.
  7. If the application is denied by the Agricultural Advisory Board, the petitioner has 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.
45-27.Maps; Public Notice.
  1. Voluntary agricultural districts will be marked on official maps maintained by the Land Records Office of the Henderson County Tax Assessor, displayed for public view in the following County locations: 
    1. Register of Deeds.
    2. Soil and Water Conservation.
    3. Henderson County Tax Assessor’s offices.
    4. Official Henderson County electronic land records.
    5. Any other office deemed necessary or advisable by the Board of Commissioners.
  2. The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of Deeds, and any other office or agency the Advisory Board deems necessary:

    Henderson County has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying , manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be obtained from the North Carolina Cooperative Extension Service office, the office of the Register of Deeds, the County Planning office, the Land Records Section of the Tax Assessor’s Office, or the Natural Resources Conservation Service office.

45-28.Land Development; Notice to Purchasers.
  1. Developers of major subdivisions (as that term is used in the Henderson County Land Development Code) or planned unit developments shall designate on preliminary development plans the existence of voluntary agricultural districts within 1/2 mile of the proposed development.
  2. In addition, developers shall comply with all applicable provisions of the Henderson County Land Development Code, including but limited to those regarding Farmland Preservation Districts.
  3. As used in this Article, unless the context clearly indicates otherwise the terms “voluntary agricultural district” and “enhanced agricultural district” shall have the same meaning as the term “Farmland Preservation District” as used in the Henderson County Land Development Code.
45-29.Public information program.

The County may take such action as it deems appropriate through the Agricultural Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including a public information program to reasonably inform landowners of the farmland preservation program. Official Henderson County electronic land records shall indicate the boundary of the area within 1/2 mile of a voluntary agriculture district, and shall further indicate any setbacks from such district required by the Land Development Code.

45-30. Qualifying Farmland

As used in this Article, “qualifying farmland” must:

  1. Be managed, if highly erodible land exists on the farm, in accordance with the 
    Natural Resources Conservation Service defined erosion-control practices that are 
    addressed to said highly-erodible land; and
  2. Be located in the unincorporated area of Henderson County; and
  3. Either:
    1. Be participating in the farm present-use-value taxation program established by N.C. Gen. Stat. Chapter 105, Article 12,  or is otherwise determined by the county to meet all the qualifications of this program set forth in N.C. Gen. Stat. §105-277.3; or,
    2. Both:
      1. Be engaged in "agriculture" as that term is defined in N.C. Gen. Stat. 
        §106-581.1        ; and,
      2. Qualify as a "bona fide farm" under N.C. Gen. Stat. §160D-903(a).