Agenda - 08-31-2006-2 - Laserfiche WebLink

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Attachment 39 Modifying Lands Legacy Farmland Preservation Chapter to a Comply with Article 61, Chapter 106 of N.0 General Statutes ( "Agricultural Development and Preservation of Farmland ") May :31, 2006 Background Legislation in 2003 and again in 2005 amended sections of the NC General Statutes that address the preservation of farmland. In particular, NCGS 106 -744 (`Purchase of Agricultural Conservation Easements; Establishment of North Carolina Agricultural Development and Farmland Preservation Trust Fund') modifies the way matching funds for grant monies toward this purpose are made available. The provisions provide for different levels of local matching dollars based on the economic "tier" of the County and whether the County has a "countywide farmland protection plan." Orange County is a "Tier 5" county, and Tier 5 counties must provide a 30% match if they have no countywide farmland protection plan, but only a 15% match if they do. Orange County' Lands Legacy Program predates this legislation, and incorporates many of the provisions of a "countywide farmland protection plan" already, including some criteria not required by the statutes. However, there are some components of the new legislation that may not exist in the form described: A Countywide Farmland Protection Plan, as described in NCGS 106 -744 (e), is a plan that satisfies all of the following requirements: L A list and description of existing agricultural activity in the County, 2, A list of existing challenges to continued family farming, 3. A list of opportunities for maintaining or enhancing small, family -owned farms and the local agricultural economy, 4. Describes how the county plans to maintain a viable agricultural community and address farmland preservation tools, including a. Agricultural economic development b. Farm diversification and marketing assistance c. Other agricultural technical assistance, such as farm infrastructure financing, farmland purchasing, linking with younger farmers, and estate planning; d. The desirability and feasibility of donating conservation easements, and e. Entering into voluntary agricultural districts; and ' The Farmland Preservation Trust Fund has been in existence since the 1990's, and the County first farmland easement (Victor Walters) was funded with this source. However, since 2001, the Trust Fund has had no funds appropriated. The proposed Land for Tomorrow and other initiatives would provide significant new funds to this program.