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SL2005 -0390 Page 7 of 10 <br />purpose of maintaining its agricultural production capability. Such easement: <br />(1) May permit the creation of not more than three lots that meet applicable <br />county zoning and subdivision regulations; att4 <br />1 a <br />May ermit agricultural uses as necessary to promote agricultural development <br />associated with the family farm; and <br />(2) Shall be perpetual in duration, provided that, at least 20 years after the <br />purchase of an easement, a county may agree to reconvey the easement to the <br />owner of the land for consideration, if the landowner can demonstrate to the <br />satisfaction of the county that commercial agriculture is no longer practicable <br />on the land in question. <br />(c) There is established a "North Carolina Agricultural Development and Farmland <br />Preservation Trust Fund to be administered by the Commissioner of Agriculture. The Trust <br />Fund shall consist of all monies received for the purpose of purchasing agricultural conservation <br />easements or funding programs that promote the development and sustainability of farming and <br />assist in the transition of existing farms to new farm families, or monies transferred from <br />counties or private sources. The Trust Fund shall be invested as provided in G.S. 147 -69.2 and <br />G.S. 147 -69.3. The Commissioner shall use Trust Fund monies f6r the for any of the following: <br />The purchase of agricultural conservation easements, including transaction <br />q+q a costs. <br />(2) Public and private enterprise programs that will promote profitable and <br />sustainable family farms throu h assistance to farmers in developing and <br />implementing plans for the production of food, fiber, and va ue -added <br />products, agritourism activities, marketing and sales of agricultural products <br />produced on the farm, and other agriculturally related business activities. <br />To fund conservation agreements to bring into or maintain farmland in active <br />nroduction of food, fiber, and other agricultural products. <br />f administering the program under this Article, including the <br />staff and staff su port. <br />cl The Commissioner shall distribute Trust Fund monies for such purchases, including <br />transaction costs, as follows: <br />(1) To a private nonprofit conservation organization that matches thirty percent <br />(30 %) of the Trust Fund monies it receives with funds from sources other than <br />the Trust Fund. <br />(2) To counties according to the match requirements under subsection (-c - c2 of <br />this section. <br />{e-l-} c2 A county that is an enterprise tier four county or an enterprise tier five county, as <br />these tiers are defined in G.S. 105- 129.3(a), and that has prepared a countywide farmland <br />protection plan shall match fifteen percent (15 %) of the Trust Fund monies it receives with <br />county funds. A county that has not prepared a countywide farmland protection plan shall match <br />thirty percent (30 %) of the Trust Fund monies it receives with county funds. A county that is an <br />enterprise tier one county, an enterprise tier two county, or an enterprise tier three county, as <br />these counties are defined in G.S. 105- 129.3(a), and that has prepared a countywide farmland <br />protection plan shall not be required to match any of the Trust Fund monies it receives with <br />county funds. <br />(e2-) c3 The Commissioner of Agriculture shall adopt rules governing the use, distribution, <br />investment, and management of Trust Fund monies. <br />(d) This section shall apply to agricultural conservation easements falling within its <br />terms. This section shall not be construed to make unenforceable any restriction, easement, <br />covenant, or condition that does not comply with the requirements of this section. <br />This section shall not be construed to invalidate any farmland preservation program. <br />This section shall not be construed to diminish the powers of any public entity, agency, or <br />instrumentality to acquire by purchase, gift, devise, inheritance, eminent domain, or otherwise <br />and to use property of any kind for public purposes. <br />This section shall not be construed to authorize any public entity, agency, or instrumentality <br />to ac uire by eminent domain an agricultural conservation easement. <br />(e� As used in subsection (e1}. c2 of this section, a countywide farmland protection plan <br />http: / /www.ncga.state.nc.us/ Sessions /2005Bills /House /HTML/H607v6.html 9/21/2005 <br />