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Agenda - 09-11-2017 - Agenda
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Agenda - 09-11-2017 - Agenda
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BOCC
Date
9/11/2017
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Public Hearing
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Agenda
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Minutes 09-11-2017
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INTRODUCTION AND MEETING PURPOSE <br /> The Board of Commissioners directed staff to conduct this meeting to listen to residents,to learn about concerns, <br /> and share some basic information about agritourism,the Orange County Unified Development Ordinance, the <br /> statutory limitations on the County's authority, and the Board's polices on agritourism. <br /> This meeting is not a hearing on any particular situation, a forum for offering comment and/or updates on pending <br /> litigation, nor is this a question and answer session. Rather this meeting is an opportunity to improve <br /> communications and develop some shared understandings about County policies and the limitations of those <br /> policies. <br /> AGRITOURISM LEGAL SUMMARY <br /> Agritourism is a state and nationally recognized means of providing farmers the opportunity to generate streams of <br /> income outside the traditional production of crops or livestock. Many states have laws that authorize agritourism <br /> activities in conjunction with or related to traditional farming activities. Some states, including North Carolina, <br /> authorize agritourism activities without requiring traditional farming activities so long as same are conducted on a <br /> parcel or parcels that qualify as a bona fide farm. <br /> Some of the many activities recognized by the State of North Carolina as agritourism include but are not limited to: <br /> • Barnyard Animals, Fiber Animals, Farm Riding Trails, Walking Trails <br /> • Camping, Bird Watching, Fishing, Hunting <br /> • Farm Bed & Breakfasts, Country Cabins, Retreats, Parties, Weddings, Honeymoons <br /> • Hay Rides, Mazes, Pumpkin Patches, Quilt Barns, Farm Craft Events <br /> • Historic Farms, Reunions, Museums, Holiday Farms, Christmas Trees <br /> • Pick Your Own Farms, Farm Roadside Stands, Nurseries, Flowers, Picnics <br /> • School Field Trips, Summer Camps, Farm Vacations <br /> • Slow Food, Dining,Vineyards, Wineries <br /> Due to the broad authority for bona fide farms to host agritourism activities it has become increasingly difficult for <br /> local governments to distinguish, and thus prohibit, non-agricultural commercial activities from agritourism <br /> activities. In fact, local governments are specifically prohibited by Article 18, Chapter 153A of the North Carolina <br /> General Statutes from enforcing zoning regulations on properties that qualify as bona fide farms. <br /> LEGISLATIVE PREEMPTION AND LOCAL RESTRICTIONS <br /> Since approximately 2011 the North Carolina legislature has consistently expanded the authority of bona fide farm <br /> properties and agricultural operations to engage in activities that, while beneficial to the farm, have either been <br /> traditionally located in more urban or suburban environments or typically require a heightened/public review and <br /> approval process. The State legislature has even decided to punish local governments that attempt to enforce <br /> zoning and development ordinances against uses or activities occurring on bona fide farms by giving courts the <br /> authority to require the local governments to pay all the costs and the property owner's attorneys' fees resulting <br /> from the enforcement action. This could result in local governments facing hundreds of thousands of dollars in <br /> unbudgeted costs for enforcement actions that aren't clearly and specifically supported by law. <br /> In recent years North Carolina Courts have followed a similar path that restricts local government authority <br /> particularly with regard to property rights. A prime example of this is the case of Byrd v Franklin County, 765 S.E.2d <br />
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