Agenda - 03-02-1987 - Laserfiche WebLink

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■ Of' A. GENERAL ASSEMBLY OF NORTH CAROLINA 1985 SESSION (REGULAR SESSION, 1986) RATIFIED BILL CHAPTER 1025 HOUSE BILL 1190 AN ACT TO ESTABLISH POLICIES TO PRESERVE FAEF3LANU. . The General Assembly of North Carolina enacts: Section 1. _ Chapter 106 of the North Carolina General Statutes is ame:_ded by adding a new Article 61 to read as follows: "Article 61. . "Preservation of Farmlan:l. "6 106-735. Short title and purpose.-- (a) This Article shall be known as 'The Farmland Preservation Enabling Act' . (b) The purpose of this Article is to authorize counties to undertake a series of prograe s to encourage the preservation of farmland as defined herein. "4 106-736. Farmland preservation programs authorized. -A county may by Ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualifying farms, as defied in G.5. _ 106-737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. . "4 106-737. Qualifving farmland.--In order for farmland to qualify under this Article, it must be real property that: (1) Is participating in the farm presen-c-use-value taxation program established by G. 5. . 105-277.2 throw.:► 105-277. 7 or is otherwise determined by the county to meet all the qualifications of this program set forth in G.$. . 105-277.3; (2) Is certified by the Soil Conservation Service of the United States Department of Agriculture as being a farm on which at least two-thirds of the land is composed of soils that (i) are best suited for providing food, seed, fiber, forage, timber, and oil seed cLOps, (ii) hive good soil qualities, (iii) are favorable for all major crops common to the county where the land is located, (iv) have a favorable growing season, and (v) receive the available moisture needed to produce high yields an average of eight out of ten years; or on which at lei:.t two-thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in G. S. , 105-277. 2 (1) , (2) , and (3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies; (3) Is managed in accordance with the Soil Conservation Service defined erosion control practices th,::t are addressed to highly erodable land; and (4) Is the subject of a conservation agr.:.:ment, as defined in G. S. 121-35, between the county and the owner of such land that prohibits nonfavm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county zcning and subdivision regulations.