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<br />e. A Farm Identification Number issued by the United States
<br />Department of Agriculture Farm Service Agency.
<br />(3) The definitions set out in G.S. 106 -802 apply to this subdivision. A
<br />county may adopt zoning regulations governing swine farms served
<br />by animal waste management systems having a design capacity of
<br />600,000 pounds steady state live weight (SSLM or greater
<br />provided that the zoning regulations may not have the effect of
<br />excluding swine farms served by an animal waste management
<br />system having a design capacity of 600,000 pounds SSLW or
<br />greater from the entire zoning jurisdiction.
<br />The terms 'agriculture', 'agricultural', and `farming' are currently defined within NCGS
<br />106 -581.1 as follows:
<br />(1) The cultivation of soil for production and harvesting of crops,
<br />including but not limited to fruits, vegetables, sod, flowers and
<br />ornamental plants.
<br />(2) The planting and production of trees and timber.
<br />(3) Dairying and the raising, management, care, and training of
<br />livestock, including horses, bees, poultry, and other animals for
<br />individual and public use, consumption, and marketing.
<br />(4) Aquaculture as defined in G. S. 106 -758.
<br />(5) The operation, management, conservation, improvement, and
<br />maintenance of a farm and the structures and buildings on the
<br />farm, including building and structure repair, replacement,
<br />expansion, and construction incident to the farming operation.
<br />(6) When performed on the farm, "agriculture ", "agricultural'; and
<br />"farming" also include the marketing and selling of agricultural
<br />products, agritourism, the storage and use of materials for
<br />agricultural purposes, packing, treating, processing, sorting,
<br />storage, and other activities performed to add value to crops,
<br />livestock, and agricultural items produced on the farm, and similar
<br />activities incident to the operation of a farm. (1991, c. 81, s. 1;
<br />2005 -390, s. 18; 2006 -255, s. 6.)
<br />State law prohibits local land use regulation of farming activities, including what is
<br />referred to as `agritourism'.
<br />Staff has informed several local residents the applicant can, indeed, make an argument
<br />the proposal represents the establishment of an agritourism activity consistent with
<br />recognized practices established by the NC Department of Agriculture in accordance with
<br />State law. Wedding venues, in fact, are specifically listed as a recognized agritourism
<br />activity by the State.
<br />It should be noted when staff first met with the applicant we determined the project would
<br />require the issuance of a SUP. It was during this meeting the applicant informed staff the
<br />property was in farm status but she believed it was prudent to go through the permit
<br />review process in order to ensure local concerns could be addressed.
<br />It is true, however, the applicant has the legal ability to develop an agritourist activity,
<br />including but not limited to a wedding /retreat venue, on the property as it is recognized as
<br />a farm in accordance with State law. This `fact' has frustrated several local residents.
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