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)7 [Ratified] (a) This Lbling Act." (b) The purpose of this Article is to authorize counties and cities to undertake a series of programs to ourage the preservation of fiwft4ftft4- qualifying farmland,-as defined herei-n herein, and to foster the lopment, and sustainability of family farms." SECTION 10. G.S. 106 -7365 as recodified by Section 2 of this act, reads as rewritten: [06 -736. A ricultural-Develo ment/Farmland preservation programs authorized. A county or a city may ordinance* establish a farmland preservation program under this Article. ordinance may authorize qualifying farms, as defined in G.S. 106 -737, to take advantage of one or more he benefits authorized by the remaining sections of this Article. A coun1y or a ci1y mgy develop programs to promote the growth. development, and sustainabili Earmina and assist farmers in developing and implementing _plans that achieve these goals. For purposes his Article, the terms "agriculture "agricultural ", and "farming" have the same meaning as set forth in >. 106 - 581.1." SECTION 11. G.S. 106 -737, as recodified by Section 3 of this act, reads as rewritten: 106 -737. Qualifying farmland. In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary icultural district under Part 1 or Part 2 of this Article, it must be real property that: (1) Is participating in the farm present- use -value taxation program established by G.S. 105 -277.2 through 105 -277.7 or is otherwise determined by the county to meet all the qualifications of this program set forth in G.S. 105 - 277.3; AALI .11L Page 4 of 8 e- Article shall be known as "The. Agricultural Development and Farmland Preservation (3) Is managed in accordance with the Soil Conservation - Service detmect erosion control practices that are addressed to highly erodable land; and (4) Is the subject of a conservation agreement, as defined in G.S. 121-35, between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations." SECTION 12. G.S. 106 -738, as recodified by Section 3 of this act, reads as rewritten: 106 -738. Voluntary agricultural districts. (a) An ordinance adopted under this Attiele -Part shall provide: (1) For the establishment of voluntary agricultural districts consisting initially of at least the number of contiguous acres of agricultural land, and forestland or horticultural land that is nart of a uali ing farm or the number of qualifying farms deemed appropriate by the ,governing board of the county or ci adopting the ordinance; (2) For the formation of such districts upon the execution by the owners of the requisite acreage of an agreement to sustain agriculture in the district; (3)- That the form of this agreement must be reviewed and approved by an agricultural advisory board established under G.S. 106 -739 or some other county board or official; (4) That each such district have a representative on the agricultural advisory board established under G.S. 106 -739. (b) The purpose of such agricultural districts shall be to increase identity and pride in the agricultural_ mmunity and its way of life and to increase protection from nuisance suits and other negative impacts on Dperly managed farms. The county or city that adopted an ordinance under this Part may take such action it deems appropriate to encourage the formation of such districts and to further their purposes and j ectives. (c) A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of county. A cfty ordinance adopted pursuant to this Part is effective within the co orate limits of the ci citv may amend its ordinances in accordance with G.S. 160A-383.2 with reaar to agricultural districts p: / /www.ncga.state.ne.us/ Sessions/ 2005Bills /House/HTNIL/H607v5.html 09/12/2005