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1-3-24 PB Agenda Packet
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1-3-24 PB Agenda Packet
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1/3/2024
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Regular Meeting
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Agenda
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1.3.24 Planning Board Minutes
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In the NC General Statutes, “Agriculture” is defined broadly. Included in its definition is “the <br />planting and production of trees and timber” (Section 106-157.1). Section 20-88(b)(2)defines <br />“farm products” to include logs, bark, pulpwood, tannic acid wood and other forest products.” <br />To qualify as a bonafide farm in North Carolina it suffices to simply have a forest/woodland <br />management plan (Section 160D-903).5 These definitions are not idiosyncratic to North <br />Carolina. The US Forest Service is a branch within the US Department of Agriculture. <br />Orange County’s definition of Agricultural Services is expansive <br />This conception of “agriculture” is further expanded by Orange County’s definition of <br />“Agricultural Services,” which specifically includes “landscaping and horticultural services” <br />(UDO, p. 10-3). This suggests that “agriculture” is understood to extend to small-scale <br />operations and the types of outdoor services routinely applied to residential yards (i.e., <br />landscaping). <br />Why not call what we are doing bona fide farming activities? <br />Although the state’s General Statutes provide a counterintuitively broad definition of “bona fide <br />farm,” we follow Orange County’s implied judgment that “agriculturally-related activities” and <br />“agricultural services” encompass more than “bona fide farming activities”: the stated purpose <br />of ASE-CD zoning is to accommodate agriculturally-related activities that are not bona fide <br />farming activities (UDO, p. 3-62). We therefore apply for ASE-CD zoning under the cautious <br />assumption that, while our principal activities are “agriculturally-related” and are “agricultural <br />services,” they may not comprise the activities of a bona fide farm as such. <br />Applicability of ASE-CD <br />The rezoning to ASE-CD is compatible with the existing development of the surrounding parcels. <br />This compatibility is discussed at length in sections 7-9 of the Detailed Narrative included in our <br />application folder. <br />5 Also known as a “woodland plan,” a forestry management plan encompasses a variety of forestry <br />activities that meet the landowners objectives. “Any landowner may theoretically commission a plan…or <br />write one on their own.” See the NC Forests Service’s “Benefits of a Woodland Plan” leaflet, its FAQs <br />webpage on Woodland Plan Preparation Fees, and NC State Extension’s discussion of Bonafide Farm <br />zoning. <br />3 <br />45
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