Orange County NC Website
GENERAL ASSEMBLY OF NORTH CAROLINA <br />1995 SESSION (REGULAR SESSION, 1986) <br />RATIFIED BILL <br />CHAPTE,R 1025 <br />HOUSE BILL 1190 <br />AN ACT TO ESTABLISH POLICIES TO pRESEHYE FLEISLAND. <br />The General Assembly of North Carolina enacts: <br />Section 1.. Chapter 106 of the North Carolina General <br />Statutes is amended by adding a new. Article 61 to read as <br />follows: <br />"Article 61.. <br />"Preservation of rarmland.. <br />"S 106 -735.. Short title and up P e "" (a) This Article shall <br />be known as 'The Farmland Preservation Enabling Act'. <br />(b) The p+irpose of this Article is to authorize counties to <br />undertake a series of programs to encourage the preservation of <br />farmland as defined berein. <br />"S 106 -736. Farmland preservation Procirams authorized. - -A <br />i <br />county may by ordinance establish a farmland preserize9nalifyinq <br />under this Article. The ordinance maw <br />farms, as defined in G.S..106 -737, to take advantage of One Or <br />more of the benefits authorized by the remaining sections of this <br />Article.. <br />"f 106 -737.. uali ing Earn and. - -In order for farmland to <br />qualify under this Article, it aunt be real sent-asety that: <br />(1) Is participating in the farm pre sent- use5valve taxation <br />program established by G.S. . 105 -277.2 through 105 -277.7 or is <br />otherwise determined by the county to meet all the qualifications <br />of this program set forth in G.S..105- 277.3: <br />(2) Is certified by the Soil Conservation Service of the <br />United States Department of Agriculture as being a farm on which <br />e <br />at least two - thirds of the land is composed of soils that (i) <br />best suited for providing food, seed• fiber, forage, timber, and (iii) are <br />oil seed crops, (ii) have good soil qualities, <br />favorable for all major crops common to the n, an <br />county d e the <br />recland <br />is located, (iv) have a favorable growing <br />the available moisture needed to produce high yields an average <br />of eight out of ten years; or on which at least two- thirds of the <br />land has been actively used in agricultural, <br />horticultural or <br />forestry operations as defined in G. S. , 105 -277. 2 (1) , (2) , and (3) <br />ensured then the date on <br />daring each of the five previous pears, • <br />vhich the deteraination must be made as to whether the land in <br />question qualifies; <br />(3) Is managed in <br />osion accordance vith the that arelladdressedtlto <br />Service defined r <br />highly erodable land; and <br />(4) Is the subject of a conservation agreement, as defined in <br />G. S. 121 -35, between the county and the owner of such alperiodhof <br />prohibits nonfars use or development of such land r <br />at least tea years, except for the creation of not more than <br />three lots that meet applicable county zcning and subdivision <br />regulations. <br />