Orange County NC Website
47 <br />through its designated staff. Typically, the Soil & Water Conservation District, <br />Cooperative Extension Service, or county planning department will perform this function. <br />After receiving the application, a report must be prepared for submittal to the Board of <br />Commissioners. The report should include: <br />■ Statement of Certification as Qualifying Farmland from the District Conservationist <br />■ Statement from Tax Assessor verifying participation in the use -value program <br />■ Location map showing the public roads nearest the property and the proposed district <br />boundary. <br />■ Draft conservation agreement between the County and the landowner <br />■ Draft ordinance for district designation <br />Certification as Qualifying Farmland is the first step in the process. The county's District <br />Conservationist can determine if the farmland soil qualifies for certification. The <br />Conservationist can also verify that the farm is practicing accepted erosion control <br />techniques. The county tax assessor can provide a statement for the report, certifying <br />that the land described in the application is enrolled in the farm use -value program. The <br />assessor can also confirm the length of time that the land has been enrolled in the <br />program. <br />The conservation agreement between the County and the landowner is a voluntary, non- <br />binding instrument that prohibits non farm use for at least 10 years, except for the <br />creation of three lots that meet county subdivision regulations. Both parties may renew <br />the agreement after the 10 -year period. The landowner may revoke the agreement at <br />any time by simply submitting a letter of revocation to the Agricultural Advisory Board. <br />(A model conservation agreement for Voluntary Agricultural Districts is available from the <br />Conservation Trust for North Carolina.) <br />The VAD report and draft ordinance are reviewed by the Agricultural Advisory Board, <br />which then makes a recommendation of adoption to the County Board of <br />Commissioners. Adoption of the ordinance occurs with an affirmative, majority vote of <br />the Commissioners. <br />The ordinance creating a Voluntary Agricultural District provides a formal document that <br />legally establishes the district. Upon adoption, the County Register of Deeds records the <br />ordinance. The District may also be delineated on County tax maps or other map <br />records, including geographic information system data. Orange County, for example, <br />identifies voluntary agricultural districts as 'primary conservation areas' on a <br />comprehensive map of natural and open space resources. <br />Because the Voluntary Agricultural District is specifically documented in the land records <br />system, the county may require that a notice be made to anyone searching the title of <br />any tract of land that is located with one -half mile of the district. <br />This notification requirement is one of the most important benefits of becoming a <br />Voluntary Agricultural District. It alerts persons buying land within one -half mile of the <br />district that a bonafide farming operation exists. This provision grants some measure of <br />protection to farmers from potential nuisance lawsuits that might be initiated by persons <br />moving into close proximity to an Agricultural District. <br />