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H607 [Ratified] ;; 'J � Page 3 of L+ accordance with the terms set out in the assessment resolution. (c Statutes of limitations are suspended during the time that any assessment is held in abeyance under this section without interest. O If an ordinance is adopted by a coun1y or a city under this section then the assessment procedures followed under Article 9 of Chapter 153A or Article 10 of Chapter 160A of the General Statutes, respectively, shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. (e� Nothing in this section is intended to diminish the authority of counties or cities to hold assessments in abeyance under G.S 153A -201 and G.S. 160A -237. " SECTION 6. G.S. 153A- 340(b)(2) reads as rewritten: 11(2) Except as provided in G.S. 106 -743.4 for farms that are subject to a conservation agreement under G.S. 106 - 743.2, bona Bey -fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market. For purposes of this subdivision, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. 106 -743.2 is a bona fide .farm purpose." SECTION 7. Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read: "$ 160A- 383.2. Voluntary agricultural districts. A city m y amend the ordinances applicable within its planning_ jurisdiction to provide flexibility to farming operations that are located within a city or county voluntary agricultural. district or enhanced voluntuy a ricultural district ado ted under Article 61 of Cha ter 106 of the General Statutes. Amendments to applicab e ordinances may include provisions regarding on -farm sales, pick -your -own operations, road signs, a�ritourism, and other activities incident to farming For purposes of this section, the term "farming" shall have the same meaning as set forth in G.S. 106 - 581.1. SECTION 8. G.S. 143- 215.74(b)(9) reads as rewritten: "(9) When the a plicant is either (i) a limited- resource Rwffier farmer, (ii) a beginning farmer, or (iii) a erson farmin land that is located in an enhanced volunta a icultural district and is subject to a conservation agreement under G.S. 106 -743.2 that remains in effect, State funding shall be limited to ninety percent (90 %) of the average cost for each practice with the assisted farmer providing ten percent (10 %) of the cost, which may include in -kind support of the practice, with a maximum of one hundred thousand dollars ($100,000) per year to each applicant. The following definitions apply in this subdivision: a. Beginning farmer. — A farmer who has not operated a farm or who has operated a farm for not more than 10 years and who will materially and substantially participate in the operation of the farm. al. Enhanced voluntaragricultural district. — A district established by a county or a city by ordinance under Part 3 of Article 61 of Chapter 106 of the General Statutes. b. Limited- resource farmer. — A farmer with direct and indirect annual gross farm sales that do not exceed one hundred thousand dollars ($100,000) and with an adjusted household income in each of the previous two years that is at or below the greater of the county median household income, as determined by the United States Department of Housing and Urban Development, or two times the national poverty level based on the federal poverty guidelines established by the United States Department of Health and Human Services and revised each April 1. C. Materially and substantially participate. 1. In the case of an individual, for the individual, including members of the immediate family of the individual, to provide substantial day -to -day labor and management of the farm, consistent with the practices in the county in which the farm is located. 2. In the case of an entity, for all members of the entity, to participate in the operation of the farm, with some members providing management and some members providing labor and management necessary for day -to -day activities such that if the members did not provide the management and labor, the operation of the farm would be seriously impaired." SECTION 9. G.S. 106 -735, as recodified by Section 2 of this act, reads as rewritten: "$ 106 -735. Short title and purpose. http: / /www.ncga.state.nc.us/ Sessions / 2005 /Bills/House/HTML/H607v5.html 09/12/2005