Agenda - 02-03-1992 - Laserfiche WebLink

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1.4 ARTICLE 61. Preservation of Farmland. 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 under- take a series of programs to encourage the preservation of farmland as defined herein. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) 106 -736. Farmland preservation programs autho- rized. A county may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualify- ing farms, as defined in G.S. 106 -737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. (1985 (Reg. Sess., 1986), C. 1025, s. 1.) § 106 -737. Qualifying farmland. In order for farmland to qualify under this Article, it must be real property that: (1) Is participating in the farm present- use -value taxation pro- gram established by G.S. 105 -277.2 through 105-277.7 or is otherwise determined by the county to meet all the qualifi- cations of this program set forth in G.S. 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 G) are best suited for providing food, seed, fiber, for- age, timber, and oil seed crops, (ii) have good soil qualities, (iii) are favorable for all mayor 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 10 years; or on which at least 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 Ser- vice defined erosion control practices that are addressed to highly erodable land; and (4) Is the subject of a conservation agreement, as defined in G.S. 121 -35, between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations. (1985 (Reg. Sess., 1986), c. 1025. s. 1.) § 106 - 737.1. Revocation of conservation agree- ment. By written notice to the county, the landowner may revoke this conservation agreement, Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 1025, s. 1.)