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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 2, 2015 <br />Action Agenda <br />Item No. 6 -n <br />1 <br />SUBJECT: Revisions to Orange County Voluntary Farmland Protection Program Ordinance <br />(Code of Ordinances Chapter 48) <br />DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No <br />and Recreation <br />ATTACHMENT(S): <br />Resolution Amending Chapter 48, Voluntary <br />Farmland Protection Program, of the <br />Orange County Code of Ordinances <br />Ordinance Document Detailing Proposed <br />Revisions <br />INFORMATION CONTACT: <br />David Stancil, 919 - 245 -2510 <br />Peter Sandbeck, 919 - 245 -2517 <br />PURPOSE: To make minor technical adjustments to the wording of the Orange County <br />Voluntary Farmland Protection Program Ordinance (Chapter 48, Orange County Code of <br />Ordinances) to eliminate the requirement that a farm must participate in the present -use <br />program to qualify for the County's Voluntary Agricultural District (VAD) Program, a requirement <br />that was removed from the program's enabling legislation by the North Carolina General <br />Assembly in 2011. <br />BACKGROUND: Orange County's Voluntary Farmland Protection Program was started in 1992 <br />to provide a range of benefits to encourage the preservation and viability of the County's farms. <br />Authority for this program was established by the State in 1985 (North Carolina General Statute <br />(NCGS) 106 -735 to NCGS 106 -744). In 1992 the County adopted its own ordinance (Chapter <br />48 — Voluntary Farmland Preservation Program) to help encourage the County's farm owners to <br />protect their farm operations through a program of short -term voluntary conservation <br />agreements. As of May 30, 2015, there are 53 farms enrolled in the Voluntary Agricultural <br />District (VAD) program totaling 7,144 acres within the seven districts comprising the non -urban <br />portions of the County. <br />In 2011 the North Carolina General Assembly amended the underlying general statutes for this <br />program to eliminate the requirement that all farms must be enrolled in local "present use" land <br />valuation programs in order to be eligible to participate in the VAD program. The Agricultural <br />Preservation Board (APB) initially maintained this requirement in the local ordinance, with the <br />understanding that it would revisit this after the new state law had been in place for a few years. <br />The APB subsequently determined that the removal of the "present use" requirement would <br />make it possible for a wider range of more diverse farmers to participate in the VAD program. <br />The APB voted unanimously at its regular meeting on January 21, 2015 to recommend the <br />removal of this requirement from County's Voluntary Farmland Protection Program ordinance. <br />