Orange County NC Website
20 <br />This chart deals only with aspects of regulations that County staff is involved in. Some of these activities, such as beef processing, are also regulated at the <br />State and /or Federal level. The future "Agricultural Support Enterprises Manual" would likely include information on State and /or Federal regulations that <br />farmers need to comply with. <br />§ 153A -340 of the NC General Statutes allows county governments to adopt zoning and development regulation ordinances (such as a unified development <br />ordinance [U DO]). Except for very large swine farms (defined in section), bona fide farms may not be affected by the ordinances allowed in § 153A -340. This <br />means that if a farmer meets the state - defined definition of a "bona fide farm ", the specific types of uses that are defined (by the State) as "Agriculture" are <br />exempt from zoning regulations. All of the regulations contained in the County's UDO are not adopted pursuant to § 153A -340 which means that some <br />provisions of the UDO apply to farmland. Examples of provisions that apply to farming operations are impervious surface limits, stormwater regulations, and <br />erosion control requirements. Additionally, farming operations are not exempt from environmental health regulations nor from building code requirements <br />(except for most equine - related activities) as these are regulations to protect the public health, safety, and welfare that are enabled from sections of the <br />General Statutes that do not exempt bona fide farms. <br />Bona fide farms are defined as: the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering <br />plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. 106 - 581.1. Additionally, the production of nonfarm products that the <br />Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm in an Enhanced <br />Voluntary Agricultural District is considered a bona fide farm activity for the purposes of exempting bona fide farms from zoning regulations. <br />§ 106 - 581.1. defines "Agriculture" as: <br />(1) The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants. <br />(2) The planting and production of trees and timber. <br />Considered <br />"Exempt" <br />Environmental <br />Building Code <br />Zoning /Land Use <br />Activity' <br />from zoning <br />Health Concerns or <br />Concerns or <br />regulations if <br />Comments <br />Comments <br />Concerns or Comments <br />bona fide farm ?" <br />Allow farms to become small alternative- energy <br />Water and <br />Building and electrical <br />Orange County <br />utilities. I know this is more of a NC utilities <br />wastewater permits <br />permits required. <br />adopted standards <br />commission rule, but based on our knowledge, <br />may be necessary. <br />Sealed plans required. <br />related to solar arrays <br />farms are limited to 10K watts or else they <br />in November 2012 (see <br />become subject to a much more complicated <br />NO <br />discussion above). <br />application and approval process. Farms ought <br />A "small alternative - <br />to be able to generate 1 million watts if they <br />energy utility" is not an <br />want to. (needs more review with Utilities <br />incident operation of a <br />Commission). <br />farm; it is a small utility. <br />This chart deals only with aspects of regulations that County staff is involved in. Some of these activities, such as beef processing, are also regulated at the <br />State and /or Federal level. The future "Agricultural Support Enterprises Manual" would likely include information on State and /or Federal regulations that <br />farmers need to comply with. <br />§ 153A -340 of the NC General Statutes allows county governments to adopt zoning and development regulation ordinances (such as a unified development <br />ordinance [U DO]). Except for very large swine farms (defined in section), bona fide farms may not be affected by the ordinances allowed in § 153A -340. This <br />means that if a farmer meets the state - defined definition of a "bona fide farm ", the specific types of uses that are defined (by the State) as "Agriculture" are <br />exempt from zoning regulations. All of the regulations contained in the County's UDO are not adopted pursuant to § 153A -340 which means that some <br />provisions of the UDO apply to farmland. Examples of provisions that apply to farming operations are impervious surface limits, stormwater regulations, and <br />erosion control requirements. Additionally, farming operations are not exempt from environmental health regulations nor from building code requirements <br />(except for most equine - related activities) as these are regulations to protect the public health, safety, and welfare that are enabled from sections of the <br />General Statutes that do not exempt bona fide farms. <br />Bona fide farms are defined as: the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering <br />plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. 106 - 581.1. Additionally, the production of nonfarm products that the <br />Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm in an Enhanced <br />Voluntary Agricultural District is considered a bona fide farm activity for the purposes of exempting bona fide farms from zoning regulations. <br />§ 106 - 581.1. defines "Agriculture" as: <br />(1) The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants. <br />(2) The planting and production of trees and timber. <br />