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10 <br />qualify as a bona fide farm that is exempt from zoning regulations under G.S. 153A- 340(b). For purposes <br />of G.S. 153A- 340(b), the production of any nonfarm product that the Department of Agriculture and <br />Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a <br />farm that is subject to a conservation agreement under G.S. 106 -743.2 is a bona fide farm purpose. A <br />farmer seeking to benefit from this subsection shall have the burden of establishing that the property's <br />sale of nonfarm products did not exceed twenty -five percent (25 %) of its gross sales. A county may <br />adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of <br />compliance. <br />Nothing in this section shall affect the county's authority to zone swine farms pursuant to G.S. <br />153A- 340(b)(3). <br />(b) A person who farms land that is subject to a conservation agreement under G.S. 106 -743.2 that <br />remains in effect is eligible under G.S. 106- 850(b) to receive the higher percentage of cost -share funds <br />for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to <br />Article 72 of this Chapter for funds to benefit that farmland. <br />(c) State departments, institutions, or agencies that award grants to farmers are encouraged to give <br />priority consideration to any person who farms land that is subject to a conservation agreement under <br />G.S. 106 -743.2 that remains in effect. (2005 -390, s. 5; 2011 -145, s. 13.22A(cc).) <br />§ 106 - 743.5. Waiver of utility assessments. <br />(a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county <br />or a city may provide that all assessments for utilities provided by that county or city are held in <br />abeyance, with or without interest, for farmland subject to a conservation agreement under G.S. <br />106 -743.2 that remains in effect until improvements on the farmland property are connected to the <br />utility for which the assessment was made. <br />(b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in <br />accordance with the terms set out in the assessment resolution. <br />(c) Statutes of limitations are suspended during the time that any assessment is held in abeyance <br />under this section without interest. <br />(d) If an ordinance is adopted by a county or a city under this section, then the assessment <br />procedures followed under Article 9 of Chapter 153A or Article 10 of Chapter 160A of the General <br />Statutes, respectively, shall conform to the terms of this ordinance with respect to qualifying farms that <br />entered into conservation agreements while such ordinance was in effect. <br />(e) Nothing in this section is intended to diminish the authority of counties or cities to hold <br />assessments in abeyance under G.S 153A -201 and G.S. 160A -237. (2005 -390, s. 5.) <br />