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H607 [Ratified] GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 HOUSE BILL 607 RATIFIED BILL Page 1 of 8 J 9 AN ACT TO RENAME THE FARMLAND PRESERVATION ENABLING ACT AND FARMLAND PRESERVATION TRUST FUND AS THE AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION ENABLING ACT AND THE AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND AND TO AMEND THE ACT TO ESTABLISH A CATEGORY OF ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS THAT OFFERS ADDITIONAL BENEFITS FOR FARMLAND WHEN THE OWNER OF THE FARMLAND IS WILLING TO ENTER INTO AN IRREVOCABLE CONSERVATION AGREEMENT FOR AT LEAST TEN YEARS AND TO CREATE AN AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION TRUST FUND ADVISORY COMMITTEE. Whereas, North Carolina's 53,000 farms provide food, fiber, economic activity, wildlife habitat, natural resource protection, open spaces, cultural heritage, and fiscal savings to the citizens of the State; and Whereas, a productive and stable agricultural sector is important to farm families, rural communities, local economies, and the State of North Carolina; and Whereas, the Voluntary Agricultural Districts program is a popular, low -cost, locally driven option that links farmers, elected officials, county staff, and the general public in understanding and supporting the needs of agriculture; and Whereas, landowners are looking for a wider range of options to help them develop sustainable and profitable farms and pass them along to future generations; and Whereas, expanding the Farmland Preservation Enabling Act and authorizing counties and cities to establish a new category of agricultural district, an enhanced voluntary agricultural district, will provide counties and cities with a wider range of options to protect farmland from nonfarm development by providing programs within their jurisdictions that promote the growth, sustainability, and profitability of farming operations; Now, therefore, The General Assembly of North Carolina enacts: SECTION 1. The title of Article 61 of Chapter 106 of the General Statutes reads as rewritten:. "Article 61. Agricultural Development and Preservation of Farmland." SECTION 2. G.S. 106 -735 and G.S. 106 -736 are recodified as Part 1 of Article 61 of Chapter 106 of the General Statutes, to be entitled "General Provisions ". SECTION 3. G.S. 106 -737 through G.S. 106 -743 are recodified as Part 2 of Article 61 of Chapter 106 of the General Statutes, to be entitled "Voluntary Agricultural Districts ". SECTION 4. G.S. 106 -744 is recodified as Part 4 of Article 61 of Chapter 106 of the General Statutes, to be entitled "Agricultural Conservation Easements ". SECTION 5. Article 61 of Chapter 106 of the General Statutes is amended by adding a new Part to read: "Part 3 Enhanced VoluntgU Agricultural Districts. 106 - 743.1. Enhanced voluntary agricultural districts. (a) A coun1y or a municipalfity municipal m4y adopt an ordinance establishing an enhanced voluntgjy agricultural district An ordinance adopted pursuant to this Part shall provide: W For the establishment of an enhanced voluntary agricu` ltural district that initially consists of at least the number of contiguous acres of agricultural land, and forestland and horticultural land that is part of a qualifying farm under G.S. 106 -737 or the number of qualifying farms deemed appropriate b the governing board of the county or city adopting the ordinance. For the ormation of the enhanced voluntary agricultural district upon the execution of a http: / /www.ncga. state. nc. us / Sessions / 2005 /Bills/House/HTML/H607v5.html 09/12/2005