Orange County NC Website
SL2005 -0390 <br />Page 4 of 10 <br />substantially participate in the operation of the farm. <br />al. Enhanced voluntary agricultural district. — A district established by a <br />county or a city by ordinance under Part 3 of Article 61 of Chapter 106 <br />of the General Statutes. <br />b. Limited - resource farmer. — A farmer with direct and indirect annual <br />gross farm sales that do not exceed one hundred thousand dollars <br />($100,000) and with an adjusted household income in each of the <br />previous two years that is at or below the greater of the county median <br />household income, as determined by the United States Department of <br />Housing and Urban Development, or two times the national poverty <br />level based on the federal poverty guidelines established by the United <br />States Department of Health and Human Services and revised each <br />April 1. <br />C. Materially and substantially participate. <br />L In the case of an individual, for the individual, including <br />members of the immediate family of the individual, to provide <br />substantial day -to -day labor and management of the farm, <br />consistent with the practices in the county in which the farm is <br />located. <br />2. In the case of an entity, for all members of the entity, to <br />participate in the operation of the farm, with some members <br />providing management and some members providing labor and <br />management necessary for day -to -day activities such that if the <br />members did not provide the management and labor, the <br />operation of the farm would be seriously impaired." <br />SECTION 9. G.S. 106 -735, as recodified by Section 2 of this act, reads as rewritten: <br />"§ 106 -735. Short title and purpose. <br />(a) This eke- Article shall be known as "The Agricultural Development and Farmland <br />Preservation Enabling Act." <br />(b) The purpose of this Article is to authorize counties and cities to undertake a series of <br />programs to encourage the preservation of F&r qualifying farmland, as defined <br />hereirherein, and to foster the growth, development and sustainability of family farms." <br />SECTION 10. G.S. 106 -736, as recodified by Section 2 of this act, reads as <br />rewritten: <br />1106-736. A ricultural Develo meat /Farmland preservation programs authorized. <br />Oa A coup or a city may y ordinance establish a farmland preservation program under <br />this Article. The ordinance may authorize qualifying farms, as defined in G.S. 106 -737, to take <br />advantage of one or more of the benefits authorized by the remaining sections of this Article. <br />A county or a city may develo ro ams to promote the rowth develo ment and <br />sustainabili of farmin �a� assist farmers in develo in and im lementin laps t at achieve <br />these goals For purposes os Articl ezthe terms "agriculture ", " aricultura and "farming" <br />have the same meaning as set forth in G.S. 106 - 581.1." <br />SECTION 11. G.S. 106 -737, as recodified by Section 3 of this act, reads as <br />rewritten: <br />"§ 106 -737. Qualifying farmland. <br />In order for farmland to qualify for inclusion in a voluntary agricultural district or an <br />enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real <br />property that: <br />(1) Is participating in the farm present- use -value taxation program established by <br />G.S. 105 -277.2 through 105 -277.7 or is otherwise determined by the county to <br />meet all the qualifications of this program set forth in G.S. 105- 277.3; <br />Q_mil Ti <br />http: / /www.ncga.state.nc.us/ Sessions/ 2005Bills /House/HTMLiH607v6.html 9/21/2005 <br />