Part Two - Enhanced Voluntary Agricultural Districts
The purposed of Enhanced Voluntary Agricultural Districts is to provide, pursuant to N.C. Gen. Stat. §106-743.1 et seq., all the benefits to the County of Voluntary Agricultural Districts under Part 1 of this Article, with additional benefits to the County and to its farmland beyond that available in a voluntary agricultural district established under Part 2 of this Article, when the owner of the farmland agrees to the condition imposed hereunder.
- Enhanced Voluntary Agricultural Districts must meet all the requirements of Part 1 of this Article.
- Landowners who desire inclusion of their land in an Enhanced Voluntary Agricultural District must not only meet all the requirements of Part 1 of this Article but must also enter into an irrevocable agricultural easement and conservation agreement (pursuant to N.C.G.S. §121-35) for a term of ten (10) years with Henderson County through its Agricultural Advisory Board, as specified below. Such easement shall contain a provision that at its expiration, the easement automatically renews for subsequent three (3) year periods unless either party gives the other written notice prior to such expiration to Henderson County and its Agricultural Advisory Board.
- The form of the agreement required under A., above, shall be approved by the Henderson County Agricultural Advisory Board and shall meet the requirements of N.C.G.S. §106-743.2.
- The benefits outlined in this Part shall be available to the farmland that is the subject of the conservation agreement for the duration of the easement and conservation agreement and for so long as the benefits of such agreement have not been withdrawn under the provisions of this Part due to non-compliance with the terms of such easement and conservation agreement.
- Property that is subject to a conservation agreement under N.C. Gen. Stat. §106-743.2 that remains in effect may receive up to twenty-five (25) percent of its gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from zoning regulations under N.C. Gen. Stat. §153A-340(b). For purposes of N.C. Gen. Stat. §153A-340(b), the production of any nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is subject to a conservation agreement under N.C. Gen. Stat. §106-743.2 is a bona fide farm purpose. A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products did not exceed twenty-five (25) percent of its gross sales.
- Pursuant to N.C. Gen. Stat. §106-743.4 (b), a person who farms land that is subject to a conservation agreement under N.C.Gen. Stat. §106-743.2 that remains in effect is eligible under N.C.G.S. Chapter 160, Article 72 to receive the higher percentage of cost-share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to N.C.G.S Chapter 143, Article 21, Part 9, for funds to benefit that farmland.
- All assessments for utilities provided by Henderson County are held in abeyance, without interest, for farmland subject to a conservation agreement under N.C.Gen. Stat. §106-743.2 that remains in effect until improvements on the farmland property are connected to the utility for which the assessment was made. When the period of abeyance ends, such assessment is payable in accordance with the terms of the assessment resolution. Pursuant to N.C. Gen. Stat. §106-743.5(c), statutes of limitations are suspended during the time that any assessment is held in abeyance under this section without interest.
- Eligible landowners may apply to participate in existing districts and are encouraged to do so.
- To secure county certification in an Enhanced Voluntary Agricultural District, a landowner with such designation will apply to the Agricultural Advisory Board. Application forms may be obtained at the Soil and Water Conservation District office.
- Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate
sshall evaluate, complete, and return copies to the Agricultural Advisory Board at their next meeting. The Board will meet and render a decision regarding the application. The Board - Approval of Agriculture Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District terms. Such agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board and the Henderson County Register of Deeds. Permitted uses for the land subject to such Easement and Conservation Agreement include agriculture, horticulture, forestry, and outdoor recreation. The Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner according to its terms, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the Easement and Conservation Agreement.
- If the Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.
