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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 4, 2025 <br /> Action Agenda <br /> Item No. 8-i <br /> SUBJECT: Amendments to the Noise Ordinance — First Consideration <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Chapter 16, Article III — Redlined John Roberts, 919-245-2318 <br /> Amendments <br /> PURPOSE: To approve on first consideration amendments to Chapter 16, Article III, Noise <br /> Ordinance, of the Orange County Code of Ordinances. (First consideration is due to the fact that <br /> this Ordinance includes a criminal penalty for violations and thereby the amendment must be <br /> considered at two (2) meetings prior to final approval.) <br /> BACKGROUND: For the last 10-15 years the North Carolina General Assembly has greatly <br /> expanded the definition of what is considered to be agriculture in the state by including the term <br /> "agritourism" within the term "agriculture." The expansion of agritourism has greatly benefited <br /> North Carolina farmers by allowing a wide array of new uses on farm property while <br /> simultaneously prohiting zoning regulation of those new uses. Some activities adjacent to <br /> agritourism such as loud music, amplified noise, fireworks, etc., while perhaps appropriate in more <br /> urban settings, are not appropriate in rural settings among working farms. <br /> North Carolina General Statute 106-701 generally prohibits local governments from enforcing <br /> nuisance ordinances against "agricultural and forestry operations." The statute defines <br /> "agricultural operation" as "any facility for the production for commercial purposes of crops, a Type <br /> compost facility, livestock, poultry, livestock products, or poultry products. Production for <br /> commercial purposes of livestock includes the rearing, feeding, training, caring, boarding, and <br /> managing of horses." It defines "forestry operation" as "those activities involved in the growing, <br /> managing, and harvesting of trees." This definition does not appear to encompass agritourism <br /> activities. <br /> To alleviate the burden some agritourism adjacent activities create for neighboring farms and <br /> residents, County staff recommend clarifying that certain noise producing activities are not exempt <br /> from the County's Noise Ordinance. The Sheriff was consulted on this item because the Office <br /> of the Sheriff is the enforcing agency of the Noise Ordinance. <br /> FINANCIAL IMPACT: There is no financial impact associated with this item. <br /> ALIGNMENT WITH STRATEGIC PLAN: This item supports: <br /> • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION <br />