Part One - 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.
- 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.
- 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.
- Landowners may apply to participate in existing districts and are encouraged to do so.
- 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.
- 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.
- The Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of the Board's decision.
- 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.
- 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.
- 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.
- 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.
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.
