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APB agenda 101905
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APB agenda 101905
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BOCC
Date
10/19/2005
Meeting Type
Regular Meeting
Document Type
Agenda
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SL2005 -0390 <br />Page 5 of 10 , <br />(3) Is managed in accordance with the Soil Conservation Service defined erosion <br />control practices that are addressed to highly erodable land; and <br />(4) Is the subject of a conservation agreement, as defined in G.S. 121-35, between <br />the county and the owner of such land that prohibits nonfarm use or <br />development of such land for a period of at least 10 years, except for the <br />creation of not more than three lots that meet applicable county zoning and <br />subdivision regulations." <br />SECTION 12. G.S. 106 -738, as recodified by Section 3 of this act, reads as <br />rewritten: <br />"§ 106 -738. Voluntary agricultural districts. <br />(a) An ordinance adopted under this A4e -Part shall provide: <br />(1) For the establishment of voluntary agricultural districts consisting initially of <br />at least the number of contiguous acres of agricultural <br />land. and forestland or horticultural land that is part of a aualifvin2 farm, or the <br />number of qualifying farms deemed appropriate by the head —e <br />eafffffiis ,governing board of the county or city adopting the ordinance; <br />(2) For the formation of such districts upon the execution by the owners of the <br />requisite acreage of an agreement to sustain agriculture in the district; <br />(3) That the form. of this agreement must be reviewed and approved by an <br />agricultural advisory board established under G.S. 106 -739 or some other <br />county board or official; <br />(4) That each such district have a representative on the agricultural advisory board <br />established under G.S. 106 -739. <br />(b) The purpose of such agricultural districts shall be to increase identity and pride in the <br />agricultural community and its way of life and to increase protection from nuisance suits and <br />other negative impacts on properly managed farms. The county or city that adopted an ordinance <br />under this Part may take such action as it deems appropriate to encourage the formation of such <br />districts and to further theirpurposes and objectives. <br />O <br />c,) A county ordinance adopted pursuant to this Part is effective within the <br />unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective <br />within the corporate limits of the city. A city may amend its ordinances in accordance with <br />G.S. 160A -383.2 with regard to agricultural districts within its planning jurisdiction." <br />SECTION 13. G.S. 106 -739, as recodified by Section 3 of this act, reads as <br />rewritten: <br />"§ 106 -739. Agricultural advisory board. <br />An ordinance adopted under this Part or Part 3 of this Article shall provide for the <br />establishment of an agricultural advisory board, organized and appointed as the county or city <br />that adopted the ordinance shall deem appropriate. The county or city that adopted the ordinance <br />may confer upon this advisory board authority to: <br />(1) Review and make recommendations concerning the establishment and <br />modification of agricultural districts; <br />(2) Review and make recommendations concerning any ordinance or amendment <br />adopted or proposed for adoption under this Part or Part 3 of this Article; <br />(3) Hold public hearings on public projects likely to have an impact on <br />agricultural operations, articularly if such projects involve condemnation of <br />all or part of any qualifying farm; <br />(4) Advise the governing board of the county eammissiattets or city that adopted <br />the ordinance on projects, programs, or issues affecting the agricultural <br />economy or way of life within the county; <br />(5) Perform other related tasks or duties assigned by the governing board of the <br />http: / /www.ncga.state.ne.us/ Sessions/ 2005Bills /House/HTML/H607v6.html 9/21/2005 <br />
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