§ 106-743.4. Enhanced voluntary agricultural districts; additional benefits. - North Carolina Statutes

§ 106‑743.4.  Enhancedvoluntary agricultural districts; additional benefits.

(a)        Property that issubject to a conservation agreement under G.S. 106‑743.2 that remains ineffect may receive up to twenty‑five percent (25%) of its gross salesfrom the sale of nonfarm products and still qualify as a bona fide farm that isexempt from zoning regulations under G.S. 153A‑340(b). For purposes ofG.S. 153A‑340(b), the production of any nonfarm product that theDepartment of Agriculture and Consumer Services recognizes as a "GoodnessGrows in North Carolina" product that is produced on a farm that issubject to a conservation agreement under G.S. 106‑743.2 is a bona fidefarm purpose. A farmer seeking to benefit from this subsection shall have theburden of establishing that the property's sale of nonfarm products did notexceed twenty‑five percent (25%) of its gross sales. A county may adoptan ordinance pursuant to this section that sets forth the standards necessaryfor proof of compliance.

Nothing in this section shallaffect the county's authority to zone swine farms pursuant to G.S. 153A‑340(b)(3).

(b)        A person who farmsland that is subject to a conservation agreement under G.S. 106‑743.2that remains in effect is eligible under G.S. 143‑215.74(b) to receive thehigher percentage of cost‑share funds for the benefit of that farmlandunder the Agriculture Cost Share Program established pursuant to Part 9 ofArticle 21 of Chapter 143 of the General Statutes for funds to benefit thatfarmland.

(c)        State departments,institutions, or agencies that award grants to farmers are encouraged to givepriority consideration to any person who farms land that is subject to aconservation agreement under G.S. 106‑743.2 that remains in effect. (2005‑390, s. 5.)