Orange County NC Website
Farm numbers were originally created so that farms could participate in USDA programs, such as <br />farm loan programs or emergency livestock assistance, Miller said. But Miller's office serves Orange <br />and Durham counties, and she said her staff would often see several applicants a day who said they <br />wanted a farm number to avoid permitting fees. <br />As of Sept. 1, applicants must provide proof of their income from the farm and records of their <br />production or harvests, in addition to the criteria that was already required, so that fewer non -farms <br />can successfully apply for farm numbers. <br />UNC School of Government professor David Owens said that the laws defining what constitutes as a <br />bona fide farm have presented gray areas in many cases across the state, from event centers to bed <br />and breakfasts to shooting ranges. <br />Owens said that some assume that a farm property can be used for any purpose and still be exempt <br />from county regulations. <br />"That is clearly not the case because the statute has always said the exemption does not apply to <br />non -farm uses," he said. <br />If a farm is conducting agritourism as its farm use, Owens said, the activity must be related to farm <br />production or incidental to production. <br />Owens said that the government body responsible for administering zoning ordinances — in Orange <br />County's case, the planning department — is also responsible for interpreting what activities in an <br />application constitute a farm use. <br />If either party doesn't agree with the farm use determination, the decision can be appealed, first with <br />the Board of Adjustment and then in Superior Court, Owens said. <br />In a letter dated Dec. 15, Pat Mallett of the Orange County planning department wrote a statement to <br />Brewer that said agritourism was protected under state statute as a farm purpose. The statement <br />also quoted the statute, saying that it "does not limit [zoning] regulation... with respect to the use of <br />farm property for nonfarm purposes." <br />Mallett said in a later interview that because the property is classified as a farm by state law, the <br />planning department has no further involvement in the case. <br />According to minutes of November's hearing, Michael Harvey, a supervisor in Orange County's <br />planning department, said planning staff suggested Brewer go through the permitting process <br />because they determined "that (planning staff) questioned whether or not there was any farm activity <br />on the property, that warranted it being classified as such." <br />However, he also said that the property had a farm number and that, regardless of what the Board of <br />Adjustment decided about the permit, "it is likely the applicant has the ability to develop an <br />agritourism operation on a farm, which can include a wedding venue, without permits from the <br />county as same is exempt from (planning staff's) review and permit authority." <br />It wasn't clear whether the neighbors planned to follow suit as the development moves forward. <br />Although nothing is planted on the land yet, "we are a working farm," Brewer said of her farm plans. <br />"We do have our orchards and our flowers and will have honey production on the farm." <br />She said the agritourism component of the farm is important to make the farm more profitable, but <br />she doesn't see herself booking events for the venue until 2017, after the first cycle of her crop <br />rotation. <br />Brewer said she is continuing forward with her plans and has submitted an application with the <br />county inspections department for a building permit. She hopes construction can begin in the next <br />few months, although she said her first priority is establishing her farm and her plantings. <br />