Article III - Qualifying Farmland

45-7. Qualifying Farmland.

As used in this Article, qualifying farmland per N.C, Gen. Stat. §106-737, 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. Participate 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 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).
45-8. Districts Not Permitted in Incorporated Areas.

Voluntary agricultural districts will not be permitted in incorporated areas, except by a separate agreement or memorandum of understanding.