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Commissioners or when it’s withdrawn after the public hearing’s been noticed and 168-388a clearly 1 indicates despite the appeals indication that the Board Of County Commissioners simply has their authority 2 delegated inaudible Class B SUP from the Board Of County Commissioners. It’s actually the opposite. 3 That authority is granted to the Board of Adjustment by statute if one is created and it specifically says the 4 ordinance may designate a Planning Board or governing Board to perform any of the duties of a Board of 5 Adjustment in addition to its other duties and designate specialized Boards to hear technical appeals. So 6 that’s not a delegated responsibility that can somehow fit under the heading of the Board Of County 7 Commissioners. Now moving on to the key issue here, as I addressed before, of what is the use here? How 8 do we define the use? We’ve already talked about this jurisdictional issue looking too far into the future. 9 You would be rendering an advisory opinion as to the uses there. One thing I do want to not and I’ll get into 10 this quickly; none of the cases that Ms. Brown relied on in her argument dealt with agritourism. They dealt 11 with bona fide farm issues but did not deal with agritourism and that makes a difference once you look into 12 the definitions and we’ll get into those definitions in just a moment. So again we’ve gone through the claim 13 in the email. The question is they determined that these activities that are proposed based on the affidavit 14 and the building permit application are exempt. And the staff themselves, under tab 10 of my notebook, has 15 created a very helpful brochure that really gives a great outline for doing the analysis that’s required here. 16 And I’ve tried to outline in some different colors here to kind of move from step one to step two to step 17 three. Step one is simply just deciding if you’re a bona fide farm. And again we talk about those 5 factors 18 that are sufficient evidence to show bona fide farm. Ms. Brewer’s presented 3 of those. Those are under 19 tab 17. Interestingly it goes on to say, “ Does the County have the right to question or reject any of these 20 methods?” and the answer is a resounding no. State law does not give local governments the authority to 21 question, interpret, or challenge the evidence submitted substantiating a parcel of property as a farm. And it 22 also states, and this is part of 153a-340, please note a farm operation can include multiple parcels of 23 property that are either adjacent to or separate from one another. They don’t even have to be in the same 24 County. Which is part of the analysis here in terms of the scope of the operation. The Caswell County 25 property is included in that as if this is one operation, in one place. The second step here addresses the 26 non-farm versus the bona fide farm purposes. Do farms have to comply with any plan use regulations? 27 Generally, no. These are broad exemptions but any number of uses and activities on a property that is 28 otherwise used for bona fide farm purposes may be regulated and restricted by the County. There’s some 29 examples given: commercial activities unrelated and adding no value to a bona fide farm activity, purely 30 recreational and/or cultural activities unrelated and adding no value to a bona fide farm activity. Those 31 could be subject to County regulation. And then it references the definitions of farm activities. Bona Fide 32 farm purposes include the production and activities relating to or… And this is where it was cleared during 33 Ms. Brown’s arguments. She focused almost entirely on that word incidental. But that is not relating to “and 34 incidental”. It is relating to “Or incidental”. So if it’s relating to it doesn’t matter if it’s incidental or not. That’s 35 an either one qualifies, not… This is the language and this is under tab 1 of my notebook. 153a-340 36 subsection b2: Bona fide farm purposes include the production and activities relating to or incidental to the 37 production of crops, grains, fruits, vegetables, ornamental and flowering plant, dairy, livestock, poultry, and 38 all other forms of agriculture as defined in 106-581.1 subsection 6. So there under the rules of statutory 39 interpretation if there is an “or” then only one of those needs to be complied with for it to be satisfied. If 40 there’s an “and” both have to be satisfied. The pamphlet goes on to say that NCGS 106-581.1 further 41 expands the definition of farming agriculture to include marketing and selling agricultural products, 42 agritourism, etcetera. What is considered agritourism is the next step. Although Ms. Brown is correct that 43 there is no direct citation length between 153a-340 and section 99E-30 but, again, rules of statutory 44 construction require that the statutes be read in comparison with the other statutes so they’re read 45 consistently. And the liability section lowers the bar of entry for liability concerns with respect to agritourism. 46 Again, consistent with the idea that these are broad exemptions that they are trying to make it easier to do 47 these operations. Not try to be restrictive. Any activity carried out on a farm or ranch that allows members 48 97