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)7 [Ratified] -' Page 6 of 8 <br />(a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural <br />lservation easements over qualifying farmland as defined by <br />G.S. G.S. 106 -737. <br />(b) For purposes of this section, "agricultural conservation easement" means a negative easement in <br />iss restricting residential, commercial, and industrial development of land for the purpose of maintaining <br />agricultural production capability. Such easement: <br />(1) May permit the creation of not more than three lots that meet applicable county zoning and <br />subdivision regulations; aura <br />(1 a M4y permit agricultural uses as necessa to promote agricultural development associated <br />with the family farm; and <br />(2) Shall be perpetual in duration, provided that, at least 20 years after the purchase of an <br />easement, a county may agree to reconvey the easement to the owner of the land for <br />consideration, if the landowner can demonstrate to the satisfaction of the county that <br />commercial agriculture is no longer practicable on the land in question. <br />(c) There is established a "North Carolina Agricultural Development and Farmland Preservation Trust <br />rid" to be administered by the Commissioner of Agriculture. The Trust Fund shall consist of all monies <br />.eived for the purpose of purchasing agricultural conservation easements or funding_ programs that <br />)mote the development and sustainability of farming and assist in the transition of existing farms to new <br />m families, or monies transferred from counties or private sources. The Trust Fund shall be invested as <br />)vided in G.S. 147 -69.2 and G.S. 147 -69.3. The Commissioner shall use Trust Fund monies forre -for an <br />the following: <br />H2' The purchase of agricultural conservation easements, including transaction eas#�acosts. <br />Public and private enterprise programs that will promote profitable and sustainable family <br />farms through assistance to farmers in developing and implementing_ plans for the <br />production of food, fiber, and value -added products, agritourism activities, marketing and <br />sales of agricultural products produced on the farm, and other agriculturally related <br />business activities. <br />(3) To fund conservation agreements to bring into or maintain farmland in active production of <br />food, fiber, and other agricultural products. <br />(4 The costs of administering the program under this Article, including the cost of staff and <br />staff support. <br />(c 1) The Commissioner shall distribute Trust Fund monies for such purchases, including transaction <br />sts, as follows: <br />(1) To a private nonprofit conservation organization that matches thirty percent (30 %) of the <br />Trust Fund monies it receives with funds from sources other than the Trust Fund. <br />(2) To counties according to the match requirements under subsection of this section. <br />(ems} c2 _ A county that is an enterprise tier four county or an enterprise tier five county, as these tiers <br />defined in G.S. 105- 129.3(a), and that has prepared a' countywide farmland protection plan shall match <br />teen percent (15 %) of the Trust Fund monies it receives with county funds. A county that has not prepared <br />; ountywide farmland protection plan shall match thirty percent-(30 %) of the Trust Fund monies it receives <br />th county funds. A county that is an enterprise tier one county, an enterprise tier two county, or an <br />terprise tier three county, as these counties are defined in G.S. 105- 129.3(a), and that has prepared a <br />untywide farmland protection plan shall not be required to match any of the Trust Fund monies it receives <br />th county funds. <br />(ems} c3 The Commissioner of Agriculture shall adopt rules governing the use, distribution, investment, <br />d management of Trust Fund monies. <br />(d) This section shall apply to agricultural conservation easements falling within its terms. This <br />ation shall not be construed to make unenforceable -any restriction, easement, covenant, or condition that <br />,es 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 instrumentality <br />acgre by purchase, gift, devise, inheritance, eminent domain, or otherwise and to use property of any <br />.-id for public purposes. <br />This section shall not be construed to authorize any public entity, agency, or instrumentality to acquire by <br />linent domain an agricultural conservation easement. <br />(e) As used in subsection (el) c2 of this section, a countywide farmland protection plan means a <br />in that satisfies all of the following requirements: <br />(1) The countywide farmland protection plan shall contain a list and description of existing <br />agricultural activity in the county. <br />p: / /www.nega.state.nc.us/ Sessions/ 2005Bills /House/HTML/H607v5.html 09/12/2005 <br />