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APPROVED 6/12/17
<br />1 when performed on a farm agriculture, agricultural farming includes agro- tourism. And she focused
<br />2 in on this language here at the very end, similar activities incident to that, but that's not when you
<br />3 read that paragraph, that's incident to the operation of the farm. That's not modified there, that's
<br />4 modifying in similar activities related to agricultural items produced on the farm. It's clear that it's, in
<br />5 reading that in context, it is when performing the farm. Agriculture, agricultural, and farming also
<br />6 includes agro- tourism, period. Now, she also pointed out that 99e -30, which does define agro-
<br />7 tourism and it's not, it defines agro- tourism activity, that's not directly linked to the zoning powers or
<br />8 106, chapter 106. However, again, this is Professor Owen's citing, this is under tab 2, under rules
<br />9 of interpretation, if you look on page 183 and this is footnote 24. He cites, development associates
<br />10 versus Wake County Board of Adjustment, 1981, Court of Appeals case, North Carolina Court of
<br />11 Appeals case for the proposition that a it is appropriate to examine other statutes defining
<br />12 agriculture in reviewing the scope of bone fide farm exemption from County zoning. So he directly
<br />13 points to another case where the court went and looked beyond the specific section that they were
<br />14 looking at in terms of zoning, and agriculture, and bona fide farms to other chapters in the statutes
<br />15 that weren't directly linked to try and find that, you know, understand better that definition and
<br />16 whether in that case should they the applicant was trying to claim, the property owner was trying to
<br />17 claim that their dogs were, should, be considered as livestock. And so the courts went through an
<br />18 exhaustive examination of the statutes looking in about four different chapters. None of which were
<br />19 addressed or cited in that zoning section to try and understand, interpret the definition of livestock.
<br />20 So it makes. It's perfectly consistent with that decision in this case to look at chapter 99e in
<br />21 identifying how agro- tourism should be defined. And again, I have that walk through under tab 11
<br />22 of the notebook. It breaks it down very clearly. Any activity. Can't be more broad than that. Carried
<br />23 out on a farm that allows members of the general public for recreational, entertainment, or
<br />24 education purposes. And in this case the record is clear that there are recreational, entertainment,
<br />25 and education. Because even education when it comes to weddings, because they're doing flower
<br />26 picking, arranging, workshops, learning about different flowers, doing honey tasting, learning about
<br />27 the bees, doing farm tours, learning about the farming operation, and that if you'll recall, that's
<br />28 exactly what Erin White testified to, is that the purpose of agro- tourism is to bring people to rural
<br />29 areas so they can learn about the cultural economic and other values that agriculture brings to this
<br />30 state, and this community. And then the next clause to view or enjoy rural activities, clearly being
<br />31 done here including farming, ranching, historic, cultural, harvest your own activities, those are
<br />32 those are part of this operation and part of weddings, and natural activities and attractions. So it fits
<br />33 that definition. The definition is broad. Both of the cases that I cited last time and Mr., Professor,
<br />34 Ducker's broad article underscore that the policy of this state is to be broad and encouraging of
<br />35 agricultural activities and not constricting and reductive. And that is consistent with the idea of
<br />36 property rights and that zoning, zoning laws, zoning regulations are in derogation of property rights
<br />37 and vote it should be looked at very narrowly as to when those zoning laws apply. When they do
<br />38 apply they apply of full force, but they the preference is for those regulations not to interfere with
<br />39 property rights to works, those are all consistent policies within this state that are counter to Ms.
<br />40 Brown's argument. I'll point out also as was identified that weddings are included on the North
<br />41 Carolina Department of Agriculture's website that specifically defines agro- tourism, it's included. To
<br />42 the activities are absolutely related, the record is unequivocal about that. And I would also point
<br />43 out, finally, Ms. Brewer attended the Orange County Ag Summit and Professor Owen's quoted at
<br />44 that summit.
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