Orange County NC Website
easements program. A waiver of' any restriction m ; be granted only i:,)on approval by <br />the Board in writing. <br />A. Residences permitted on the land from which conservation easements have been <br />conveyed are existing dwellings and the replacement of existing dwellings. No more than <br />three (3) dwellings will be permitted on the property included in the purchase, lease or <br />donation of conservation easements. Request for additional dwellings shall be considered <br />on a case by case basis. <br />B. All permitted non - agricultural structures shall, when feasible, be located in the <br />immediate vicinity of existing structures, described as the homestead or curtilage, as <br />reasonable expansions of the homestead or cartilage or on the area(s) of the property of <br />least productive capability. Such permitted structures shall, when feasible, utilize existing <br />or common driveways, lanes or right of ways. <br />C. The extraction of.minerals by surface mining . and extraction and removal of topsoil <br />from the property are prohibited. The extraction of subsurface or deep - trained minerals, <br />including natural gas and oil, and the non - commercial extraction of minerals - including <br />limestone, shale and other minerals shall be permitted, as long as the removal activity does <br />not significantly diminish the agricultural potential of the land. <br />D. Use of the property for dumping, storage, processing, or landfill of non- <br />agricultural solid waste generated off-site-is prohibited. Land application of biosolids is <br />acceptable. <br />E. Use of the property for dumping, storage, processing, or landfill of hazardous or <br />nuclear waste is prohibited. <br />F. Signs, billboard, and outdoor advertising structures may not be displayed on the <br />property except to state the name of the property, the name and address of the occupant, <br />to advertise an on -site activity and to advertise the property for sale or rent, as allowed by <br />the Buncombe County sign ordinance: <br />G. Agricultural land will be managed.in accordance with sound soil and water <br />conservation practices in a manner which will not destroy or substantially or irretrievably <br />diminish the productive capability of the property. <br />H. County officials shall have the right to enforce these restrictions by injunction and <br />all other appropriate proceedings allowable by law. Representatives of the County may <br />enter upon the property for the purposes of inspection concerning compliance with the <br />Conservation Agreement Program. <br />X. The County will hold the conservation easements in public trust for farmland <br />preservation and/or open space purposes and will. not voluntarily assign these rights except <br />to another organization bound to hold such rights for the same purposes. <br />