Agenda - 06-21-2011 - 5l - Laserfiche WebLink

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8 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN (1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which authorizes the Farm and Ranch Lands Protection Program, administered through the United States Department of Agriculture, Natural Resources Conservation Service, which provides funds for the acquisition of Conservation Easements or other interests in prime, unique, or other productive soils for the purpose of limiting conversion to nonagricultural uses of the land; (2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the• legislature to provide for the conservation of the soil and resources of this State;" (3) North Carolina General Statute 106-583 et seq., which states that "It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum prosperity;" (4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, North Carolina General Statute 121-34 et seq., which provides that conservation agreements are "interests in land" which may be effective "perpetually;" which provides for the enforceability of restrictions, easements, covenants or conditions "...appropriate to retaining land or water areas predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming or forest use...;" and which provides for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvement less any reduction in value caused by the agreement;" (5)- The establishment of the North Carolina Agricultural Development and Farmland Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve important farmland in North Carolina; (6) The North Carolina Conservation Tax Credit Program, North Carolina_General Statute 105-130.34 and 105-151.12 et seq-~, which provides for state income tax credits for donations of land that are useful for fish and wildlife conservation and other similar land conservation purposes; (7) The special use value assessment of farm and forestland as set forth in North Carolina General Statute 105-277.2 et seq.; and (8) The Orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, which recommends that Orange County acquire agricultural conservation easements to help protect farmland as a valuable natural resources; and (9) The zoning of the Property by Orange County as Agricultural Residential. Page 3 of 20