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3 <br />Modifying Lands Legacy Farmland Preservation Chapter to <br />Comply with Article 61, Chapter 106 of N.C General Statutes <br />("Agricultural Development and Preservation of Farmland") <br />May 31, 2006 <br />Background <br />Legislation in 2003 and again in 2005 amended sections of the NC General Statutes that <br />address the preservation of farmland. In particular, NCGS 106-744 (`Purchase of <br />Agricultural Conservation Easements; Establishment of North Carolina Agricultural <br />Development and Farmland Preservation Trust Fund') modifies the way matching funds <br />for grant monies toward this purpose are made available. ~ <br />The provisions provide for different levels of local matching dollars based on the <br />economic "tier" of the County and whether the County has a "countywide farmland <br />protection plan." Orange County is a "Tier 5" county, and Tier 5 counties must provide a <br />30% match if they have no countywide farmland protection plan, but only a 15% match if <br />they do. <br />Orange County' Lands Legacy Program predates this legislation, and incorporates many <br />of the provisions of a "countywide farmland protection plan" already, including some <br />criteria not required by the statutes. <br />However, there are some components of the new legislation that may not exist in the <br />form described: <br />A Countywide Farmland Protection Plan, as described in NCGS 106-744 (e), is a plan <br />that satisfies all of the following requirements: <br />1. A list and. description of existing agricultural activity in the County, <br />2. A list of existing challenges to continued family farming, <br />3. A list of opportunities for maintaining or enhancing small, family-owned farms <br />and the local agricultural economy, <br />4. Describes how the county plans to maintain a viable agricultural community and <br />address farmland preservation tools, including <br />a. Agricultural economic development <br />b. Farm diversification and marketing assistance <br />c. Other agricultural technical assistance, such as farm infrastructure <br />financing, farmland purchasing, linking with younger farmers, and estate <br />planning; <br />d. The desirability and feasibility of donating conservation easements, and <br />~ The Farmland Preservation Trust Fund has been in existence since the 1990's, and the County first <br />farmland easement (Victor Walters) was funded with this source. However, since 2001, the Trust Fund has <br />had no funds appropriated. The proposed Land for Tomorrow and other initiatives would provide <br />significant new funds to this program. <br />