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Agenda - 05-14-2013 - 3
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Agenda - 05-14-2013 - 3
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6/9/2015 2:26:04 PM
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BOCC
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5/14/2013
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Budget Sessions
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Agenda
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3
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Minutes 05-14-2013
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Excerpt from NC General <br />Statutes <br />Part 3. Enhanced Voluntary Agricultural Districts. <br />§ 106 - 743.1. Enhanced voluntary agricultural districts. <br />(a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary <br />agricultural district. An ordinance adopted pursuant to this Part shall provide: <br />(1) For the establishment of an enhanced voluntary agricultural district that initially consists <br />of at least the number of contiguous acres of agricultural land, and forestland and <br />horticultural land that is part of a qualifying farm under G.S. 106 -737 or the number <br />of qualifying farms deemed appropriate by the governing board of the county or city <br />adopting the ordinance. <br />(2) For the formation of the enhanced voluntary agricultural district upon the execution of a <br />conservation agreement, as defined in G.S. 121 -35, that meets the condition set <br />forth in G.S. 106 -743.2 by the landowners of the requisite acreage to sustain <br />agriculture in the enhanced voluntary agricultural district. <br />(3) That the form of the agreement under subdivision (2) of this subsection be reviewed and <br />approved by an agricultural advisory board established under G.S. 106 -739, or other <br />governing board of the county or city that adopted the ordinance. <br />(4) That each enhanced voluntary agricultural district have a representative on the <br />agricultural advisory board established under G.S. 106 -739. <br />(b) The purpose of establishing an enhanced voluntary agricultural district is to allow a county or a <br />city to provide additional benefits to farmland beyond that available in a voluntary agricultural district <br />established under Part 2 of this Article, when the owner of the farmland agrees to the condition <br />imposed under G.S. 106 - 743.2. The county or city that adopted the ordinance may take any action it <br />deems appropriate to encourage the formation of these districts and to further their purposes and <br />objectives. <br />(c) A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of <br />the county. A city ordinance adopted pursuant to this Part is effective within the corporate limits of the <br />city. A city may amend its ordinances in accordance with G.S. 160A -383.2 with regard to agricultural <br />districts within its planning jurisdiction. <br />(d) A county or city ordinance adopted pursuant to this Part may be adopted simultaneously with <br />the creation of a voluntary agricultural district pursuant to G.S. 106 -738. (2005 -390, s. 5.) <br />§ 106 - 743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts; <br />limitation. <br />A conservation agreement entered into between a county or city and a landowner pursuant to G.S. <br />106- 743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is <br />executed. At the end of its term, a conservation agreement shall automatically renew for a term of three <br />years, unless notice of termination is given in a timely manner by either party as prescribed in the <br />ordinance establishing the enhanced voluntary agricultural district. The benefits set forth in this Part <br />shall be available to the farmland that is the subject of the conservation agreement for the duration of <br />the conservation agreement. (2005 -390, s. 5.) <br />§ 106 - 743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural <br />districts. <br />The provisions of G.S. 106 -739 through G.S. 106 -741 and G.S. 106 -743 apply to an enhanced <br />voluntary agricultural district under this Part, to an ordinance adopted under this Part, and to any <br />person, entity, or farmland subject to this Part in the same manner as they apply under Part 2 of this <br />Article. (2005 -390, s. 5.) <br />§ 106 - 743.4. Enhanced voluntary agricultural districts; additional benefits. <br />(a) Property that is subject to a conservation agreement under G.S. 106 -743.2 that remains in effect <br />may receive up to twenty -five percent (25 %) of its gross sales from the sale of nonfarm products and still <br />9 <br />
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