HomeMy WebLinkAboutAPB agenda 091703COUNTY OF ORANGE
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Agricultural Preservation Board
From: David Stancil, ERC Director
Date: September 10, 2003
Re: September 17th Meeting
Please find attached the agenda for our next meeting scheduled for:
At this meeting we will review a draft resolution requested on August 20
regarding a proposed agricultural center, and take a final look at plans for the
September 19 -20 "'Orange County Agricultural Heritage Festival. If time permits,
we also plan to have a discussion of changes to the Voluntary Farmland
Preservation Program Ordinance.
Please contact Carol Melton (245 -2590) by Monday before the meeting if you will
be unable to attend.
Copies: Dianne Reid, Economic Development Director
Fletcher Barber, CES County Director
Brent Bogue, District Conservationist
Rich Shaw, Land Conservation Manager
Mike Lanier, Ag Economic Development Specialist
Time Page
7:30
7:35
7:40 01
7:45 05
9:00 07
AGENDA
September 17, 2003
Planning and Agricultural Center
Revere Road, Hillsborough, NC
7:30 p.m.
AGENDA ITEM
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF MINUTES — (August 20)
4. ITEMS FOR DISCUSSION
a. Orange County Agricultural and Heritage Festival,
Featuring the Festival of the Autumn Moon (September
19 -20) — Attachment 1
5. ITEMS FOR DECISION
a. Proposed Ag Center Resolution (Attachment 2)
b. Possible Revisions to the Voluntary Farmland
Preservation Program Ordinance (Attachment 3) pg.l 1
6. INFORMATIONAL ITEMS
a. "Planning Ahead, Planning for Agriculture" Farmland
Preservation Magazine"
DRAFT MEETING SUMMARY
AGRICULTURAL PRESERVATION BOARD
August 20, 2003
PRESENT: Tony Kleese, Elizabeth Walters, Kim Roberts, Marty Mandell, Rodney Recor,
Gordon Warren, Noah Ranells, Don Johnson, Environment & Resource
Conservation Director David Stancil, Preservation Planner, Tina Moon, and
Carol Melton.
ABSENT: Bob Strayhorn, Louise Tate, and Whit Morrow
GUEST: Barry Jacobs, County Commissioner; Dianne Reid, Economic Development
Director; Fletcher Barber, Cooperative Extension Director; Brent Bogue NCSW
District Conservationist
ITEM #1: CALL TO ORDER
Kleese called the meeting to order at 7:30 p.m. and welcomed guests.
ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
Commissioner Jacobs said that the County had received several NACCO awards, one
being for the Agricultural Website and thanked Recor for his work.
Kleese noted that the CFSA will have an exhibit at the State Fair in the Fall.
ITEM #3: APPROVAL OF MINUTES June 18, 2003 .
MOTION: Warren motioned approval with noted corrections. Seconded by Walters.
VOTE: Unanimous.
ITEM #4: ITEMS FOR DISCUSSION
a. Orange County Agricultural and Heritage Festival, Featuring the
Festival of the Autumn Moon (September 19 -20)
Stancil reviewed the planned activities for the Heritage Festival and asked for volunteers to
help with activities on Saturday September 20th. Members agreed to volunteer as needed
and offered other ideas about a website display. Recor noted it would take about forty
hours to create the website to take on the road and said it could be done. (Stancil to see
about getting a computer set up on site) Moon described the need for volunteers familiar
with the farm buildings to share that information with festival visitors. Stancil to prepare a 2-
hour grid sheet for volunteers to sign up to work in this area and possibly the history tent
area. Folks interested in volunteering could also call Sally McKenzie at 732 -2171. Dianne
Reid answered questions and described the public relations efforts, noting the official
website for more information as orangecounty250.org.
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ITEM #4b: Agricultural Center— Previous Ideas, New Concepts
Previously the APB had been asked to focus on a plan for agricultural center that could be
used for presentation at a work session in late August or early September to the other
county commissioners to keep the vision alive. Fletcher Barber provided a brief overview of
the events surrounding the previous agricultural center proposal in the late 1980s.
Members reviewed previous proposal and considered several issues in a brainstorming
session including:
➢ Have needs changed?
➢ What are future agricultural needs?
➢ Is there a need to be adjacent to schools and to get the EMS Center involved /
community interface
➢ Is there still a need for a livestock market? Put the $50,000 toward the Ag Center
➢ Mars Hill area site fell thru
➢ Government buildings need to be near the main population center
➢ Too many users /activities in one bundle vs the more uses the more justification
➢ "Combine livestock center with large meeting room — seasonal uses — possible
➢ Use for multipurpose
➢ Livestock facility vs. auctioning facility (new Oxford facility underutilized)
➢ The need for certified scales
➢ Pool farmers for livestock, instead of auction. Beef cattle, Horses, goats, etc.
➢ Keep livestock market simple
➢ Is there a farmer who could lease farm /bldgs? i.e., Orange Grove
➢ Jr. livestock show major livestock event in Orange County
➢ Extension / Ag agencies need to be close to the seat of government
➢ Central location for all Ag. Agencies? Blackwood Farm? North of Hillsborough
➢ Omit possible locations for now and concentrate on use needs: 1- livestock 2-
Farmers Mkt. 3 -Home Horticulture 4 -Youth activities 5 -Ag offices.
➢ Focus on the process
➢ Hire consultant to evaluate mix/match?
➢ Blackwood Farm — priority location
➢ Approach using empirical data — Focus on "Why do we need an Ag. Center ?"
➢ Start with the square foot needs for the office space, and building needs and go from
there
➢ Other uses /parking — Green & Growing preservation focus
➢ Stakeholders: CRS, ERCD, S &W, FSA, FmHA
➢ Orange /Caswell /Person, Regional Multi- county uses/ Golden leaf application
➢ Resolution from APB draft for Sept meeting (Staff to do)
➢ Run by: NRCS /S &W, CRS, EDC, ERCD, FSA/FmHA
APB members decided to prepare a resolution for the BOCC's Oct. 27th work session
addressing the $50,000, their vision for an Ag Center, and an explanation on why an Ag
Center is still needed - -why it's still relevant in the county.
Members discussed other items including the creation of an agricultural preservation
element, and the need for a response from the BOCC on their first memo regarding an ag
element, and recommended tools for the Land Use Element. Bogue described a
forthcoming program, "Grassland Reserve program" from NC Soil & Water Conservation.
�S
Stancil recapped items for the September agenda as: a draft resolution on the proposed
Agricultural Resource Center, Agricultural Priority Area designation recommendations and,
proposed revisions to the Voluntary Farmland Preservation program ordinance
MOTION: Motion to adjourn by Gordon. Seconded by Roberts.
VOTE: Unanimous
Meeting adjourned at 9:10 p.m.
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ATTACHMENT #2 � i
orawge CouvutU AgriCulturRLT>reservatiovk, Board
RESOLUTION
An Orange County Agricultural Center
WHEREAS, the concept of an agricultural center for Orange County has been a topic of
discussion since the mid 1980's, and
WHEREAS, agriculture remains a viable and integral part of the County's economy and
landscape, as it has been for hundreds of years, and
WHEREAS, the Agricultural Preservation Board is interested in a fresh look at possible
uses for such a Center, as outlined in the Attachment "Agricultural Center — Concepts
and Possible Process," and
WHEREAS, a number of North Carolina counties have agricultural centers, built to
varying degrees of scale and programming, and
WHEREAS, a number of benefits would be achieved by the creation of an agricultural
center in Orange County, offering opportunities for new /innovative ventures as well as
meeting traditional needs.
NOW THEREFORE, BE IT RESOLVED that the Orange County Agricultural
Preservation Board requests that the Board of Commissioners consider, as a part of
Capital Investment Plan discussions this fall, the renewed possibility for an Orange
County Agricultural Center and the exploration with all stakeholders of possible
activities, uses, and grant funding sources.
This, the 15th day of October, 2003.
Tony Kleese, Chair
Agricultural Preservation Board
ATTEST
Carol Melton, Administrative Assistant
ob I.
Attachment 1
Agricultural Center — Concepts and Possible Process
On August 20 and September 17, the Agricultural Preservation Board reviewed all
previous documentation on the concept of an Agricultural Center and discussed the
potential uses, changes to the concept since previous discussions, potential stakeholders,
and possible grant sources for such a project. A summary of the Board's discussion is
presented as follows:
Rationale for a Center
1. Offers opportunities to promote the economic viability of farms and explore new
and innovative agricultural practices (such as farm land -link initiatives,
Community- Supported Agriculture, Value -Added Local Food Processing,
organic cooperatives, and others)
2. May help to address County building space needs, providing a location for some
or all agricultural agencies — possibly with shared facilities for events, farm
demonstrations, meetings, and other related uses.
List of Possible Stakeholders
1. Farmers (both traditional and organic /non- traditional)
2. Consumers (local citizens)
3. Farm organizations / commodity associations (Farm Bureau, Livestock Assn, etc)
4. Conservation organizations (USDA, Soil and Water, Lands Legacy, land trusts)
5. Local Governments
6. Business and economic development interests
7. School Systems
8. Large Institutions (UNC, Duke, others)
9. State agricultural representatives
10. Representatives from adjoining County farm groups
"Taking A New Look" - Possible Uses for an Agricultural Center
1. Agriculture and Conservation Agency Offices
a. Cooperative Extension (with space for 4 -H, Horticulture, Family
Consumer Sciences, other programs)
b. USDA Agencies
i. Natural Resource Conservation Service / Orange Soil and Water
District
ii. Farm Services Agency (FSA - formerly ASCS)
iii. USDA Rural Development (formerly Farmers Home
Administration)
c. Environment and Resource Conservation?
d. Recreation and Parks?
2
05
2. Meeting Space / Demonstration Space (livestock and human activities)
3. Value -Added Local Food Processing Center (Note — this could be a regional,
multi - County facility — grant funding ? ? ?)
4. Demonstration Farm Plots / Hands -On Community Farming
Potential Grant Sources for Funding
1. Golden Leaf Foundation
2. USDA Sustainable Agriculture Resource Grants (funding for study and evaluation
only, $10,000 maximum)
3. Federal or State appropriation / Local Bill
4. Economic Development Funds
5. Future County Bond?
6. Others ? ??
Possible Process
1. Board of Commissioners considers request for study of agricultural center,
allocates placeholder funds in future years (October - November ?)
2. APB and stakeholders group authorized to work as short-term ad hoc task force to
develop detailed uses and needs for proposed center (November- February)
3. Recommendations sent to Board of Commissioners (March 2004)
4. Board of Commissioners considers proposal (April 2004)
3
ATTACHMENT #3
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To: Agricultural Preservation Board
From: David Stancil, ERC Director
Date: September 10, 2003
Re: Voluntary Farmland. Preservation Program Ordinances
Please find attached several items related to VFPP Ordinances for our
September 17 discussion of proposed changes to our ordinance:
1. A copy of our October 16 VFPPO Ideas sheet
2. The current Model Ordinance developed by N.C. State (this has been
used as the model for several recent counties adopted ordinances, but
some sections may not fit our elaborations or changes over the past
decade)
3. Buncombe County's amended ordinance (2001)
4. Lincoln County's new ordinance, adopted in 2002
5. Guilford County's ordinance, adopted in 2000
Staff will prepare a draft revised VFPP Ordinance based on previous APB
discussions (and our discussion on September 17), as well as using some
provisions, as appropriate, of the provisions of the new ordinances /model
ordinance. We plan to have this draft for your review at the October 15 meeting.
Copies: Ted Feitshans, N.C. State University Department of Agriculture and Resource Economics
Tina Moon, Preservation Planner
EltivGrokLwekst awd 72esob(rce Cowsen/atiow
Po For 8y8s 13o6 -,4 Revere Road
wzlsbomegh, No 27248
PV) 245 -200
VFPPO Ideas - October 16, 2002
1. Revise and expand Purpose/Mission (Section II)
2. - + • Is a district a farm or a larger area within
which are qualifying farms? Propose — change to districts based
on agricultural priority areas (to be determined by February
2003)
3. A - + Individual Farm Size Requirements — 10-
plus contiguous acres. Correct typo re "easements"
4. Membership — If go to larger -area districts,
rotate membership (2 per district) among participating farms in
the district. Continue with 5 -7 at -large seats
5. Mapping /Awareness of VA Districts — Post maps in Register of
Deeds, Land Records, Planning, Cooperative Extension, Soil
and Water and ERCD. All properties within one mile of VA
Districts have notation in County's Land Records system, GIS
mapping coverage added to main table of attributes.
• A - + •'I� Building permit applicants and new recorded
plats within one mile to note on deed/permit awareness of
existence of VA District in vicinity.
6. Notification Requirements — APB to receive written notice of
any major subdivisions or special use permits within one mile
of VA Districts
Agricultural District Ordinance Notes 09/10/03 `1
Disclaimer for Model Voluntary Agricultural District Ordinance
The intent of the editors of this model ordinance was to produce a "clean" ordinance that gives
counties a great deal of operational and fiscal flexibility. However, this model ordinance is
provided here only for reference and example purposes. It does not constitute a legal document or
the provision of legal advice. For this document to be valid and legally enforceable it must be
modified, reviewed, and approved by a county board of commissioners and a county attorney or
other legal counsel. Many of the provisions in this document are required while others are optional.
All guidance and authority for what counties must and may include in their ordinance is derived
from The Farmland Preservation Enabling Act, N.C.G.S. 106 -735, et. seq. and Chapter 153A.
Please refer to the Notes section of this document, which offers guidance on this model ordinance.
Counties seeking assistance on developing and drafting a voluntary agricultural district ordinance
may contact the Institute of Government at 919 - 966 -5381, <http: / /ncinfo.iog.unc.edu >, or the North
Carolina Association of County Commissioners at 919 -715 -2893, <http: / /www.ncace.org >, for
assistance. Copies of county voluntary agricultural district ordinances currently in effect may be
found at: < http: / /www.cals. ncsu. edu/ wq /lpn/necountyordinances.htm >. These ordinances are
provided for reference and example purposes only and do not constitute the provision of legal
advice. The URL for this document is as follows:
<http://www.cals.nesu.edu/wq/lpn/modelordinances.htm>.
11i
(Mode I VFFe
G rd i awce
COUNTY
VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE (Draft 11 -19 -2002)
ARTICLE I
TITLE
An ordinance of the Board of County Commissioners of COUNTY, NORTH CAROLINA,
entitled, "VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE."
ARTICLE H
AUTHORITY
The articles and sections of this ordinance are adopted pursuant to authority conferred by the N.C.G.S. Sections
106 -735 through 106 -744 and Chapter 153A.
ARTICLE III
PURPOSE
The purpose of this ordinance is to promote agricultural values and the general welfare of the county and more
specifically, increase identity and pride in the agricultural community and its way of life; encourage the
economic and financial health of agriculture; and increase protection from non -farm development and other
negative impacts on properly managed farms.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this ordinance:
Advisory Board: County Agricultural Advisory Board.
Chairperson: Chairperson of the County Agricultural Advisory Board.
District: Voluntary Agricultural District as established by this ordinance.
Board of -
Commissioners: County Board of Commissioners.
ARTICLE V
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of
this program
B. Membership
C.
The Advisory Board shall consist of no less than
Commissioners.
Membership Requirements
1. Each Advisory Board member shall be a
members appointed by the Board of
County resident or landowner.
2. At least of the members shall be actively engaged in fanning.
3. At least one of the Advisory Board members actively engaged in fanning shall be nominated by the
County Soil and Water Conservation District Board of Supervisors.
4. The members actively engaged in farming, as well as other members, shall be selected for
appointment by the Board of Commissioners from the names of individuals submitted to the Board of
Commissioners by the Soil and Water Conservation District Board of Supervisors, the County Office
of the North Carolina Cooperative Extension Service, the U.S. Farm Service Agency County
Committee, nonprofit agricultural organizations, conservation organizations, agribusiness, and the
public at large.
D. Tenure
The initial board is to consist of appointees for terms of one year; appointees for terms of two years;
and appointees for terms of three years. Thereafter, all appointments are to be for terms of three years,
with reappointment permitted.
E. Vacancies
Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the
unexpired term.
F. Removal
Any member of the Advisory Board may be removed by the Board of Commissioners upon a two- thirds vote of
the Commissioners. No cause for removal shall be required.
G. Fund
The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of
Commissioners and funds may be appropriated to the Advisory Board to perform its duties.
H. Advisory Board Procedure
Chairperson
The Advisory Board shall elect a chairperson and vice - chairperson each year at its first meeting of the
fiscal year. The chairperson shall preside over all regular or special meetings of the Advisory Board.
In the absence or disability of the chairperson, the vice - chairperson shall preside and shall exercise all
the powers of the chairperson. Additional officers may be elected as needed.
Jurisdiction
The Advisory Board may adopt rules of procedure not inconsistent with this ordinance or with other
provisions of State law.
Advisory Board Year
The Advisory Board shall use the County fiscal year as its meeting year.
16
4. Meetings
Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as
the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of
the Advisory Board Membership. A meeting shall be held at least annually and notice of any
meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board
members. Meeting dates and times shall be posted as far in advance as possible on the door of the
meeting site and by advertisement in local newspapers or by other means of public dissemination of
the meeting dates as may be agreed upon by at least a majority of the Advisory Board Membership.
All meetings shall be open to the public.
5. Majority Vote
All issues shall be decided by a majority vote of the members of the Advisory Board, except as
otherwise stated herein.
Records
The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be filed in the office of the Advisory Board
and shall be a public record.
7. Administrative
The Advisory Board may contract with the Soil and Water Conservation District office to serve the
Board for record keeping, correspondence, application procedures under this ordinance, and whatever
services the Board needs to complete its duties.
I. Duties
The Advisory Board shall:
Review and approve applications for qualified farmland and voluntary agricultural districts and make
recommendations concerning the establishment and modification of agricultural districts;
2. Conduct public hearings;
3. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural
economy or activities within the county that will affect agricultural districts;
4. Review and make recommendations concerning proposed amendments to this ordinance;
5. Develop a draft county wide farmland protection plan as defined in N.C.G.S. § 106 -744 (e) (1) for
presentation to the Board of Commissioners;
6. Study additional methods of farmland preservation and make recommendations to the Board of
Commissioners; and
7. Perform other agricultural related tasks or duties assigned by the Board of Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A. Regions
1.
2.
3.
4.
B. Implementation
County is hereby divided into regions as defined below:
In order to implement the purposes stated in Article III, this program provides for the creation of voluntary
agricultural districts which meet the following standards:
1. The District shall contain a minimum of contiguous acres of qualified farmland; or
2. The District shall contain or more qualified farms within areas designated by the
Advisory Board.
All land enrolled in a region, defined in section A, above, shall be part of a single district. If a single farm has
acreage in two or more regions, the farm shall participate in the district where the largest acreage is found.
C. Education
The county may take such action as it deems appropriate through the Advisory Board or other entities or
individuals to encourage the formation of the Districts. and to further their purposes and objectives, including
the implementation of a public information program to reasonably inform landowners of the agricultural district
program.
D. Addition and Withdrawal
1. Qualifying farmland in a region with an existing district shall be. added to the district as herein provided.
2. In the event that one or more participants in the District withdraw and the acreage in the District becomes
less than the minimum acreage required or results in the remaining land being noncontiguous, a voluntary
agricultural district will continue to exist so long as there is one qualifying farm.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
Requirements
To secure county certification as qualifying farmland, a farm must:
Be participating in the farm present- use -value taxation program established by N.C.G.S. § 105 -277.2
through §105-277.7, or is otherwise determined by the county to meet all the qualifications of this
program set forth in G.S. 105 -277.3 ;
I
2. Be certified by the Natural Resources Conservation Service (formerly the Soil Conservation Service)
of the United States Department of Agriculture as being a farm on which at least two- thirds of the land
is composed of soils that:
a.. Are best suited for providing food, seed, fiber, forage, timber, forestry products, horticultural
crops and oil seed crops;
b. Have good soil qualities;
o, Are favorable for all major crops common to the county where the land is located;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for an average of eight out of
ten years;
OR
Have been actively used in agricultural, horticultural or forestry operations as defined by
N.C.G.S. § 105 -277.2 (1,2,3) during each of the five previous years, measured from the date on which
the determination must be made as to whether the land in question qualifies;
3. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources
Conservation Service defined erosion-control practices that are addressed to said highly- erodible land;
and
4. Be the subject of a conservation agreement, as defined in N.C.G.S. § 121 -35, between the county and
the owner of such land that prohibits non -farm use or development of such land for a period of at least
ten years, except for the creation of not more than three lots that meet applicable county zoning and
subdivision regulations.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
A landowner may apply to participate in the program by making application to the chairperson of the
Advisory Board or a designated staff person. The application shall be on forms provided by the
Advisory Board. The application to participate in a district may be filed with the certification for
qualifying farmland.
2. A conservation agreement to sustain, encourage, and promote agriculture must be executed by the
landowner and recorded with the Advisory Board.
B. Approval Process
Upon submission of the application to the Advisory Board, the Advisory Board shall meet within
thirty (30) days to approve or disapprove the application. The chairperson shall notify the applicant
by first class mail of approval or disapproval of participation in the district.
2. Upon receipt of an application, the chairperson will forward copies immediately to the following
offices which shall be asked to provide comments, if any, to the Advisory Board prior to the date set
5
15
for the Advisory Board vote on the application:
a. The County tax assessor;
The Soil and Water Conservation District office; and
C. The Natural Resources Conservation Service,
C. Appeal
If an application is denied by the Advisory Board, the petitioner shall have thirty (30) days to appeal the
decision to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board
of Commissioners is final.
ARTICLE IX
REVOCATION OF PRESERVATION AGREEMENT
By written notice to the Advisory Board, a landowner of qualifying farmland may revoke the Preservation
Agreement or the Advisory Board may revoke the same Preservation Agreement based on noncompliance by
the landowner, subject to the same provisions as contained in Article VIII for appeal of denials. Such
revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a district. Absent
noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall revoke
any preservation agreements prior to its expiration.
ARTICLE X
PUBLIC HEARINGS
A. PpMose
Pursuant to N.C.G.S. §106 -740, which provides that no staie or local public agency or governmental unit may
formally initiate any action to condemn any interest in qualifying farmland within a District until such agency
or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation.
B. Procedure
L Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in
the appropriate newspapers of County within five (5) business days of the request, and
will in the same notice notify the public of a public hearing on the proposed condemnation, to be held
within ten (10) days of receipt of the request.
2. The Advisory Board shall meet to review:
a. Whether the need for the project has been satisfactorily established by the agency or unit of
government involved, including a review of any fiscal impact analysis conducted by the
agency involved; and
b. Whether there are alternatives to the proposed action that have less impact and are less
disruptive to the agricultural activities of the District within which the proposed action is to
take place.
3. The Advisory Board shall consult with the County Agricultural Extension Agent, the Natural
Resources Conservation Service District Conservationist, and any other individuals, agencies, or
organizations deemed by the Advisory Board to be necessary for its review of the proposed action.
6
f.e
4. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings
and recommendations regarding the proposed action. The report shall be made available to the public
prior to its being conveyed to the decision - making body of the agency proposing the acquisition.
5. There will be a period of ten (10) days allowed for public comment on the report of the Advisory
Board.
6. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final
report containing all of its findings and recommendations regarding the proposed action to the
decision making body of the agency proposing the acquisition.
7. The total time period, from the day that a request for a hearing has been received to the day that a final
report is issued to the decision making body of the agency proposing the acquisition, shall not exceed
thirty (30) days. If the agency agrees to an extension, the agency and the Advisory Board shall
mutually agree upon a schedule to be set forth in writing and made available to the public.
8. Pursuant to N.C.G.S. § 106 -740, the Board of Commissioners shall not permit any formal initiation of
condemnation by local agencies while the proposed condemnation is properly before the Advisory
Board.
ARTICLE M
NOTIFICATION
A Record Notice of Proximity to VoluntaryAgricultural District
Procedure
When County computerizes its County Land Records System the following requirements
outlined in this section shall be implemented and enforced. Upon certification of qualifying farmland
and designation of real property as a District, the title to that qualifying farmland and real property,
which is contained in the County Land Records System shall be changed to include a notice
reasonably calculated to alert a person researching the title of a particular tract that such tract is located
within one -half aerial mile of a voluntary agricultural district.
2. Limit of Liability
In no event shall the County or any of its officers, employees, or agents be held liable in damages for
any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or
obligations imposed by this ordinance.
No Cause of Action
In no event shall any cause of action arise out of the failure of a person researching the title of a
particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary
agricultural district as-defined in this ordinance.
B. Signag_e
Signs identifying approved agricultural districts shall be placed along the rights -of -way of major
roads that pass through or next to those districts. There shall at least one sign posted along every
miles of such roads or as many as may be deemed appropriate by the Advisory Board, or its
administrative agent for the county's agricultural district program Placement of signage shall be coordinated
with the N.C. Department of Transportation.
M
C. Maps
Maps identifying approved agricultural districts shall be provided to the following agencies or offices:
a. Register of Deeds;
b. Natural Resources Conservation Service;
C. North Carolina Cooperative Extension Service;
d. Soil and Water Conservation District; and
e. Any other such agency or office the Advisory Board deems appropriate.
ARTICLE XII
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of major subdivisions or planned unit developments shall designate on preliminary development
plans, the existence of the Districts within aerial mile(s) of the proposed development.
ARTICLE XIII
WAIVER OF WATER AND SEWER ASSESSMENTS
A. No Assessment
A landowner belonging to the District shall not be assessed for or be required to connect to County
water and/or sewer systems.
B. Abeyance
Water and sewer assessments shall be held in abeyance, without interest, for farms in an agricultural district,
until improvements on such property are connected to the water or sewer system for which the assessment was
made.
C. Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the
assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.
E. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance
under N.C.G.S. § 153A -201, or other applicable law.
F. Conflict with Water and/or Sewer System Construction and Improvements Grants
To the extent that this section conflicts with the terms of federal, state, or other grants under which county water
and/or sewer systems are constructed this section shall not apply.
8
ARTICLE XIV
COUNTY LAND -USE PLANNING
A. Duty of the Advisory Board
It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to
which the Board of Commissioners delegate authority to oversee county land use planning, on the status,
progress, and activities of the county's agricultural district program and to also coordinate the formation and
maintenance of agricultural districts with the county's land use planning activities and the county's land use plan
if one currently exists at the time this ordinance is enacted or when one is formed.
B. Posting of Notice
The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of
Deeds, and any other office or agency the Advisory Board deems necessary:
County has established agricultural districts to protect and preserve agricultural lands and
activities. These districts have been developed and mapped by the county to inform all purchasers of real
property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure
spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities
may occur in these districts any time during the day or night. Maps and information on the location and
establishment of these districts can be obtained from the North Carolina Cooperative Extension Service office,
the office of the Register of Deeds, the County Planning office, or the Natural Resources Conservation Service
office.
C. Growth Corridors
At such time as the county might establish designated growth corridors, agricultural districts will not be
permitted in the designated growth corridors, as delineated on the official county planning map without the
approval of the Board of Commissioners. Districts located in growth corridors designated after the effective
date of this program may remain, but shall not be expanded within the growth corridor area without the
approval of the Board of Commissioners.
ARTICLE XV
CONSULTATION AUTHORITY
The Advisory Board may consult with the North Carolina Cooperative Extension Service, the Natural
Resources Conservation Service office, the North Carolina Department of Agriculture and Consumer Services,
and with any other individual, agency, or organization the Advisory Board deems necessary to properly
conduct its business.
ARTICLE XVI
NORTH CAROLINA AGENCY NOTIFICATION
Annually Report to the North Carolina Department of Agriculture and Consumer Services
A copy of this ordinance shall be sent to the Office of the North Carolina Commissioner of Agriculture and
Consumer Services, the Board of Commissioners, the County Office of the North Carolina Cooperative
Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the
county shall submit a written report to the Commissioner of Agriculture and Consumer Services on the county's
agricultural district program, including the following information:
Number of landowners enrolled;
9
2.
3.
4.
5.
6.
7.
e� 4i
Number of acres enrolled;
Number of acres certified during the reporting period;
Number of acres denied during the reporting period;
Number of acres for which applications are pending;
Copies of any amendments to the ordinance; and
Any other information the Advisory Board deems useful.
ARTICLE XVII
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase, or portion of this ordinance is for any reason found invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
B. Conflict with other Ordinances and Statutes
Whenever the provisions of this ordinance conflict with other ordinances' of County, this ordinance
shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than
are required by this ordinance, the provisions of such statute shall govern.
C. Amendments
This ordinance may be amended from time to time by the Board of Commissioners.
10
ARTICLE XVM
ENACTMENT
The County Board of Commissioners hereby adopts and enacts the preceding articles and sections of
this ordinance.
Adopted this the day of , 2002.
Motion for adoption by
ATTEST:
Clerk to Board of Commissioners
Approved as to form:
County Attorney
Chairperson
11
and seconded by
COUNTY BOARD OF COMMISSIONERS
Notes
General Notes
Agricultural District Ordinance Notes 09/10/03 25
Some counties have included within their agricultural district ordinance, and often under the
"incentives" section of the ordinance, a public expenditures provision. This provision is sometimes
entitled "Expenditure of County Funds for Non -Farm Uses". This provision requires that when the
county or any other unit of local government proposes to spend county funds on projects or
activities that would convert land in voluntary agricultural districts to non -farm uses, it shall submit
to the Advisory Board that the county or other governmental unit has considered other alternatives
before spending such funds.
Article II
The county may also rely on the general ordinance making authority delegated to counties through
Chapter 153A to supplement provisions contained in N.C.G.S. § 106 -735, et. seq.
Article V, Sections A& B
The county may want to consider basing the minimum number of Advisory Board members (i.e.,
the number prior to the creation of any agricultural districts) on the expected regions that may be
established within a county. This would allow the entire county to be represented on a geographical
basis regardless of whether or not a region of the county actually contained an agricultural district.
It would also ensure that regions of the county that do not contain agricultural districts, but that are
adjacent to or that would somehow otherwise be affected by agricultural districts in a county, would
be involved in the creation and maintenance of those districts.
There are three possible advantages to establishing regions within which voluntary agricultural
districts maybe formed:
l .) The formation of a single district within each such region will stabilize the
representation on the Advisory Board because the maximum total number of districts
is fixed in advance by the number of regions established. Farms with noncontiguous
acreage may be contained in a single district within a region. A region is not a
district; only land actually enrolled within a region constitutes a district.
2.) The designation of such areas contributes to the formation of large blocks of
contiguous or noncontiguous (though spatially close) protected areas of farmland.
3.) District formation can be more easily coordinated with the county's comprehensive
land use plan and its farmland protection plan.
2
26
Agricultural District Ordinance Notes 09/10/03
Article V, Section C (i)
This provision is intended to encourage participation of nonresident landowners. Many landowners
in N.C. are absentee owners living out of county or out of state. Involving these owners is likely to
contribute to successful agricultural district programs and farmland preservation programs.
Article V, Section F
The purpose of this provision is to give the county board of commissioners. discretion to remove
members from the advisory board. The only exception to this discretion is removal of a member for
an illegal reason; e.g., race or religion. An attempt to remove a member for an illegal reason could
create liability for the county. Any advisory board member who is removed is eligible for
reappointment at any time, as this model ordinance contains no prohibition on reappointment. To
give advisory board members more protection from removal, some county ordinances require a
unanimous vote for removal.
Article V, Section H (2)
This section of the ordinance may also include either a reference to the current version of Robert's
Rules of Order or a requirement that it be used as a guide for procedure.
Article V, Section I (5)
N.C.G.S. §106 -744 (c) states that any county that is an enterprise tier 1, 2, or 3 is not required to
match any county funds with Farmland Preservation Trust Fund monies it receives if it has a
farmland protection plan. Counties that are tier 4 or tier 5 are required to match 15% of Trust Fund
monies if they have a plan. All counties (tiers 1 through 5) without a protection plan are required to
match 30% of Trust Fund monies with county funds. It is to the fiscal advantage of all counties to
adopt a farmland protection plan in conjunction with a voluntary agricultural district ordinance.
Article VI, Section A
Regions are usually defined along the logical division lines for a county. These lines may include
roads, bodies of water, and school district lines. By using regions and limiting each region to one
district the number of districts, and, therefore, the number of representatives on the Advisory Board,
can be fixed at the time of the adoption of the ordinance. The model suggests four regions;
however, each county should determine a number of regions that makes sense for that county.
Agricultural District Ordinance Notes 09/10/03
Article VI, Section B
This section may also include a provision to allow for small tracts or lots to be included in existing
or proposed voluntary agricultural districts when they are surrounded by or adjacent to farms which
will be or that are currently part of agricultural districts.
Article VII, General Notes
This article is based on the statutory requirements for the qualification of farmland contained within
N.C.G.S §106 -736. Farms that do not participate in the use value program but that meet the
requirements of N.C.G.S. §105 -277.3 may participate in the voluntary agricultural district program.
Some counties have elected to relax the acreage requirements of N.C.G.S. § 105 -277.3 to allow
participation by small organic farms, greenhouse operations, and horticultural operations.
Article VIII, Section A (2)
The conservation agreement should be short and meet the format requirements prescribed by the
county's register of deeds so as to reduce filing fees.
Article VIII, Section B (1)
The amount of time outlined in this section that the Advisory Board has before it must vote on an
application could be expanded to 60 days. This allows any agencies or offices 30 days to evaluate
the application and give their recommendations to the Board and also an additional 30 days for the
Board to evaluate those recommendations before it must vote on the application.
Article VIII, Section B (2)
The local Natural Resources Conservation Service office may only be asked to 'evaluate the
application but it may not be required to do so by the advisory board or county commissioners. The
county has no jurisdiction over this federal agency. The same applies to the Soil and Water
Conservation District office unless they are under contract with the county. If so the office may be
required to evaluate applications. This requirement should be included in the written contract
between the county and the Soil and Water Conservation District office.
Article IX
The statute does not require this provision. However, this provision is consistent with the policy set
forth by the Farmland Preservation Enabling Act.
Agricultural District Ordinance Notes 09/10/03
Article XI, Section A (1)
This provision allows for the only legally effective way to ensure that someone searching the chain
of title of a tract of land will find that the land is within the proximity of an agricultural district.
The way this provision is written for this model assumes that a county adopting this ordinance has
not computerized their land records system yet. However, if a county's land records system is
already computerized, this part of section A should be changed to reflect that.
Article XI, Section C
This provision is not required by the Farmland Preservation Enabling Act, however, it is a part of a
well- designed public education program.
Article XI1I, General Notes
The statute gives county commissioners authority to extend the waiver of sewer and water
assessments to farms inside or outside of agricultural districts. The county may not want to grant
this waiver to farms outside of agricultural districts, however. The waiver could be a valuable
incentive to offer to farms to encourage them to create or join an agricultural district; farms that
otherwise might not become involved in a county agricultural district program might do so to
receive the waiver. Restricting waivers to land within agricultural districts also reduces the cost of
the program to the county.
Some federal, state, or other sewer and/or water construction or improvement grants may have
provisions in conflict with this waiver provision. The county may want to include a provision, such
as the one in (F) that avoids such conflicts.
Article XIV, Section B
This provision for the posting of a notice in the office of the Register of Deeds is useful for
educational purposes, however, it does not provide record notice of the agricultural district to
purchasers of property. Only the "Record Notice of Proximity to Voluntary Agricultural District"
provision of Article XI, Notification, can provide record notice to a potential purchaser that the tract
of land in question is located within one -half aerial mile of a voluntary agricultural district. This
provision is included in the model ordinance primarily as a means to educate the public that
agricultural districts exist in a county.
23
Agricultural District Ordinance Notes 09/10/03
Article XVI, General Notes
The Farmland Preservation Enabling Act does not require that the written report, submitted to the
North Carolina Department of Agriculture and Consumer Services (NCDA & CS) on a yearly basis,
be made available to the public by the county. However, it is a public record, and, as such, is
available to the public. To promote public education a provision can be inserted in this section of
the ordinance that requires that the report be made available to the public. Also, if a provision is
already included in the ordinance to make county maps marked with agricultural districts available
to the public then a county could also choose to make those maps available in both the annual report
to the NCDA & CS and in the public report as well.
Although,. not required by this model ordinance, the county may choose to report the number of
existing agricultural districts in the annual report.
Agricultural District Ordinance Notes 09/10/03
The following is information about the Agricultural District Ordinance Notes and the Model Ordinance and is not part
of the Model Voluntary Agricultural District Ordinance:
URL for Agricultural District Ordinance Notes:
<http://www.cals.ncsu.edu/wq/lpn/modelordinances/notes.doe>
Pages: 7
Date Last Updated: 12/02/02
URL for Model Voluntary Agricultural District Ordinance:
<http: / /www.cals.ncsu. edu/ wq/ 1pn/ modelordinances /modelagdistrictordinance.doc >.
Pages: 11
Date Last Updated: 11/19/02
Editors:
Ted Feitshans
Extension Specialist
North Carolina Cooperative Extension Service
North Carolina State University
Department of Agricultural and Resource Economics
Campus Box 8109
Raleigh, N.C. 27695
P: 919 -515 -5195
F: 919 -515 -6268
E -mail: ted—feitshans@ncsu.edu
Brandon King
Research Assistant
North Carolina Cooperative Extension Service
North Carolina State University
Department of Agricultural and Resource Economics
Campus Box 8109
Raleigh, N.C. 27695
P: 919 -515 -4670
F: 919 -515 -6268
E -mail: brandon—king@ncsu.edu
7
31
Guncombe C6
ame�xw 2001 J
OI:IDINANCENO. VL-0—,� /q
AMENDMENT TO ARTICLE III FARMLAND PRESERVATION PROGRAM
OF CHAPTER 58 PLANK NG AND DEVELOPMENT
OF THE BUNCOMBE COUNTY CODE OF ORDINANCES
WHEREAS, this Board has heretofore enacted. the Buncombe County Farmland Preservation
Program Ordinance which is codified in Article III of Chapter 58 of the Buncombe
County Code of Ordinances; and
WHEREAS, this Board appointed a citizens advisory committee known as the Agricultural
Advisory Board to advise this Board on programs and issues affecting the
agricultural community, and said- advisory board has submitted the proposed
amendment to establish a Conservation Agreement Program in accordance with its
charge by this Board; and
WHEREAS, this Board has determined that it is in the best interest of the citizens of Buncombe
County to establish a Conservation Agreement Program and to amend the
Farmland Preservation Program Ordinance as herein set forth.
OF
NOW, THEREFORE BE IT ORDAINED BY THE BUNCCOMB Buncombe OCUNT}► Code BOARD dinances
COMMISSIONERS, that Article III of Chapter 58 of the
is hereby amended to add the Division, Conservation Agreement Program, as follows:
Conservation Agreement Program
I. . Purpose
A. ner l
The preservation of Buncombe County's best agricultural land in a manner that
directs and accommodates growth and development is a high priority to the
residents of Buncombe County. To this end the County establishes the following
goals:
I .. To protect and conserve those soils in Buncombe County best suited to
agricultural uses,
2. To identify and harmonize policies of government at all levels which may
conflict with the goal of protection of farmland,.
3. To reduce land use conflicts between agricultural and other land uses, and
4. To promote agriculture as an integral part of the Buncombe County'
economy.
32
These program guidelines contain policies and procedures for administering a
conservation agreement program.
B. Duties and Responsibilities of the Buncombe County Agricultural Advisory Board
(hereinafter referred to as the Board)
The Board shall act on behalf of the County in administering the Conservation
Agreement Program within the Farmland Preservation Program. The Planning
Department shall make recommendations to the Board on the selection of
properties for purchase, lease, and/or donation and on the development of
purchase and lease priorities. The County Attorney shall execute any and all
documents necessary to purchase, lease, and/or accept donations of conservation
easements and perform any other'such acts necessary for the implementation of
this program. The Board shall administer this program within the financial
resources provided by the Buncombe County Board of Commissioners.
C. Definitions of Conservation Agreements
For purposes of this program, conservation agreements are defined as:
A "conservation agreement" means a right, whether or not stated in the form of a
restriction, reservation, easement, covenant or condition, in any deed, will or other
instrument executed by or on behalf Of.- the owner of the land or improvement
thereon or in any order of taking, apprpriate to retaining land or water areas
predominantly in their natural, scenic or open condition or in agricultural,
horticultural, farming or forest use, to forbid or limit any or all (i) construction or
placing of buildings, roads, signs, billboards or other advertising, utilities or other
structures on or above the ground, (ii) dumping or placing soil or other substance
or material as landfill, or dumping or. placing of trash, waste or unsightly -or
offensive materials, (iii) removal or destruction of trees, shrubs or other
vegetation, (iv) excavation, dredging or removal of loam, peat, gravel, soil, rock,
or other mineral substance in such manner as to affect the surface, (v) surface use
except for agricultural, farming, forest or outdoor recreational purposes or
purposes permitting the land or water area to remain predominantly in its natural
condition, (vi) activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation, or (vii) other acts or uses detrimental to such
retention of land or water areas.. None of the above limitations should be
interpreted to prevent a landowner from conducting agricultural activities as
defined in T (D).
2
D. Definition of Agricultural Uses
For purposes of this program, agricultural uses are defined as:
"Agricultural uses include, but are not limited to, the production of crops, forestry
products, horticultural specialties, livestock, and livestock products. Associated
uses allowable are sales and processing necessary and customarily incidental to the
agricultural activities on -site which are in keeping with the purpose of the
program."
E. Definition of Open Snare
For purposes of this program, open space is defined as:
"Open space is land used for recreation, natural resource protection, amenities,
and/or buffer- yards. Open space may include, but is not limited to lawns,
walkways, active recreation areas, playgrounds, wooded areas, greenways, and
water courses."
II, Agricultural Preservation Area (APA)
Agricultural Preservation Areas shall be defined as lands currently enrolled in the existing
Voluntary Farmland Preservation Program of Buncombe County.
III. Purchase of Conservation Easements
A. ner
Buncombe County may purchase conservation easements in agricultural and/or
open space lands. All applications for the-purchase �ofnconservation yghriori yl
be evaluated based upon the attached Farmland g
will be given to farms located within the APA. There may be instances when
purchasing agricultural conservation easements on farms outside of the APA may
serve Buncombe citizens well. Applications will be ranked based upon various site
factors, such as the level of development pressure and agricultural production
capability. Conservation easements may be purchased in accordance with the
ranking of farm properties and the availability of allocated funds. Compensation
for conservation easements will be' based on the Board's determination of the
difference between fair market value and agricultural or open space value
appraisals. The purchase price will be subject to negotiation.
B. Desoription
The purchase of conservation ural an /or open space a use of the land. restricting Tl�e over
and future owners to agncu
conservation easements will be held in public trust by Buncombe County, or
transferred to a'private nonprofit conservation. organization. Conservation
easements will be in perpetuity and in compliance with the North Carolina Historic
Preservation and Conservation Agreement Act and applicable Federal and state tax
laws.
C. Minimum Eligibility Criteria
The agricultural and/or open space land must be at least ten (10) acres in size or
contiguous to a ten (10) acre tract for which the County holds the conservation
easements, and be in agricultural and/or open space use.
D. Application Procedu re
An'application must be submitted to the Buncombe Agricultural Advisory Board
through the Buncombe County Soil and Water Conservation District.
E. Review and Ranking of Application
The Buncombe County Soil and Water Conservation District will rank each of the
applications using the Soil Assessment and 'T' Formula of Conservation Criteria
of the Farmland Ranking System. The Buncombe County Soil and Water
Conservation District will forward the application and Soil Assessment to the
Buncombe County Planning Department which will rank each of the applications
using the Site Assessment Criteria of the Farmland Ranking System, will prioritize
applications and make recommendations to the Board.
F. Acquisition
1. The County Attorney will obtain two appraisals on tracts considered for
entry into the program: One appraisal will establish current fair market value of
the property at its current highest and best use. The second appraisal will establish
the value of the property for agricultural or open space use. Payment for these
appraisals will be based upon negotiations with the landowner at the County's
discretion.
2. Upon receiving the written appraisals, the County Attorney will present the
values to the landowner by_ certified mail. The landowner will have thirty (30) days
from receipt of the values to submit an offer to sell his/her conservation easements.
Failure to respond in- writing within the required time may constitute waiver of the
opportunity. Upon receiving-an offer to sell, the County Attorney and a member
of the Board will meet with the landowners and attempt to negotiate a price with
the landowner and recommend a purchase price to the Board of County
Commissioners. If an agreement-is reached, a contract to convey will be signed
35,
promptly by the landowner and the County Board of Commissioners or their
designee.
3. The County Attorney will cause any necessary title examinations to be
performed and all documentation to be prepared. If the property in question is
subject to mortgage(s). or lien(s), a subordination agreement or waiver must be
secured from the mortgage or lien holder. Closing will not take place until this
requirement is met. The County Attorney will assist in securing this agreement
with the mortgage or lien holder, at the request of the landowner.
4. Upon preparation of appropriate legal documents covering titles, deeds,
surveys, and subordination agreements, the closing will be scheduled. Prior to
closing, all legal documents will be reviewed by the County Attorney for
verification and accuracy. At closing, the owner will execute appropriate full
warranty documents conveying conservation easements to the County in
perpetuity. After proper recordation of necessary instruments, the landowner will
be presented. a check. The County will. bear all closing and related costs. The
County Attorney will securely store all pertinent records, including deeds.
5. The Board of Commissioners may extend any stated time limit, as
circumstances require: The deviations will be reported to. the Chairman of the
Board and the landowner.
G. Public Disclosure
During negotiations concerning the purchase of conservation easements,
information will be kept confidential, as allowed by law. Following a purchase
agreement, information may be made public as provided by law.
IV. Lease of Conservation Basement . .
Gen, ral High
Buncombe County can lease:conservation easements in agricultural lands. ill be
priority will be given to applicants located within an APA. App
ranked.based upon various site factors, such as the level of development pressure
and agricultural production capability. Conservation easements will be leased in
accordance with the ranking of farm properties and the.av_ailability of allocated
funds. Comperisation'for conservation easements will be based on the Board's
determination of cash rent values for comparable land. The lease price will be
subject to negotiation. The leasing of conservation easements will be a low
priority, used only when insufficient interest in the purchase of conservation
easements exits.
B. Description
The lease of conservation easements is legally binding, restricting.the owner and
future owners to agricultural and/or open space use of the land. The conservation
easements wig be held in public trust by Buncombe County or transferred to a
private nonprofit conservation organization.
C. Minimum Eligibility Criteria
The agricultural and/or open space land must be at least ten (10) acres in size or
contiguous to a ten (10) acre tract for which the. County holds the conservation
easements, and be in agricultural or open space use.
D. Application Procedure
An application must be submitted to the Buncombe County Agricultural Advisory
Board through the Buncombe County Soil and Water Conservation District.
E. * Review and Ranking of Applications
The Buncombe County Soil and Water Conservation District will rank each of the
applications using the Soil Assessment and "T" Formula of Conservation Criteria
of the Farmland Ranking System. The Buncombe County Soil and Water
Conservation District will forward the application and Soil Assessment to the
Buncombe County Planning Department which will rank each of the applications
using the Site Assessment Criteria of the Farmland Ranking System, will prioritize
applications and make recommendations to the Board.
F. ftuisition
1. The Board will calculate a maximum cash rent value for. each application.
A cash rent value factor will be set by a committee consisting of the NRCS District
Conservationist, the County Extension Director, and three residents of the county
selected by the Board, who derive a majority of their income from agricultural
production. The Board'will call the meeting of this committee and document the
findings.. The cash rent value factor will include the lease price per acre for the
first five (5) yea_ rs of the lease and the formula for annual payments for the term of
the lease.
2.- Upon calculating the lease value, the County Attorney will present the
value to the landowner by certified mail. The landowner will have thirty (30) days
from receipt of the values to' submit an offer to lease his/her conservation
easements. Failure to respond in writing within the required time may constitute
waiver of the opportunity. Upon receiving an offer to lease, the County Attorney
will meet with the landowner and accept, reject, or negotiate a compromise price
M
with the landowner. If an andsthe County cotitract to convey will be of Commissioners or
signed promptly by the landowner
their designee.
3. The County Attorney will cause any necessary title examinations to be
performed and all documentation to be prepared. If the property in question is
subject to mortgage(s) or lien(s), a subordination agreement or waiver must be
secured from the mortgage or lien holder. Closing will not take place until this
requirement is meta The County Attorney will assist landowner. securing this agreement
with the mortgage or lien holder, at the request of the
4. Upon preparation of appropriate legal documents covering titles, deeds,
surveys, and subordination agreements, the closing will be scheduled. Prior to
closing, all. legal documents will be reviewed by the County Att orney for
verification and accuracy. At closing, the-owner will execute appropriate full
warranty documents conveying conservation, easements to the County in
perpetuity. After proper recordation of necessary instruments, the landowner will
be presented a check. The County will bear all closing and related costs. The
County Attorney will securely store all pertinent records, including deeds, and will
cause a copy of any lease to be recorded with the Buncombe County office of the
Register of Deeds.
5. The Board of Commissioners may extend any Q time e limit, as
the
circumstances require. The deviations will be reported
Board and the landowner.
G. Publi cDisclosure
During negotiations concerning the lease of conservation easements, information
will be kept confidential; as allowed by law. Following closing of each lease,
information may be made public as provided by law.
v. Donation of Conservation Easements
A. General
The Buncombe County Board of Commissioners may accept a voluntary donation
or devise of conservation easements.
B. Deseriation
The donation of conservation easements is legally binding, restricting the owner
and future owners to agricultural and/or open space use of the land. The
conservation easements will be held in public trust by Buncombe County or
transferred to a private nonprofit conservation organization. Conservation
36
eascnicnts will be in perpetuity and in compliance with the Noilli Carolina Historic
and Conservation Agreements Act and applicable Federal and State tax laws.
C. Minimum Eligibility Criteria
The agricultural and/or open space land must be at least ten (10) acres in size or
contiguous to a ten (10) acre tract for which the County holds the conservation
easements, and be, in agricultural and/or open space use.
D. Application Procedure
Guidance documents for donating conservation easements are housed at the Soil
and Water Conservation District office. Upon contact by a landowner, a meeting
will be set with the County Attorney and a member of the Board to discuss
donation of conservation easements.
E. Review of _ pnlications
The Buncombe County Soil and Water Conservation District will rank each of the
applications using the Soil Assessment and `T' Formula of Conservation Criteria
of the Farmland Ranking System. The Buncombe County Soil and Water
Conservation District will forward the application and Soil Assessment to the
Buncombe County Planning.Department which will rank each of the applications
using the Site Assessment Criteria of the Farmland Ranking System. The Planning
Department will review the documentation to determine whether the minimum
eligibility criteria are met, will prioritize applications and may make
recommendations to the Board on the waiver of any of the criteria.
F. Acquisition
1: The County Attorney will obtain two appraisals on tracts considered for
entry into the.program. One appraisal will establish current fair market value of
the property at its current highest and best use.. The second appraisal will establish
the value of the property for agricultural or open space use. Payment for these
appraisals will be based upon negotiations with the landowner at the County's
discretion.
_ 2. Upon receiving the written appraisals, the County Attorney will prepare a
Donation Verification Statement to document the value of the interest conveyed to
the County. This statement will be based on the difference between the appraised
values. If.an agreement is reached, a. contract to convey will be signed promptly
by the landowner and the County Board of Commissioners or their designee.
3. The County Attorney -will cause any necessary title examinations to be
performed and all documentation -to be pre. pared, If the property in question is
M
subject to mortgagc(s) or lien(s), a subordination agreement or waiver must be
secured from the mortgage or lien holder. Closing will not take place until this
requirement is met. The County Attorney will assist in securing this agreement
with the mortgage or lien holder, at the req. uest of the landowner.
4. Upon preparation of appropriate legal documents covering titles, deeds,
surveys, and subordination. the. closing will be scheduled. Prior to
closing, all legal documents will be reviewed by the County Attorney for
verification and accuracy. At closing, the owner will execute appropriate full
warranty documents conveying conservation easements to the County in
perpetuity. After proper recordation of necessary instruments, the Chairman of the
Board of Commissioners, or his designee, will sign and present the Donation
Verification Statement to the; landowner. The County will bear all closing and
related costs. The County Attorney will securely store all pertinent records,
including deeds.
G. Pubtic Disclosure
During negoti ations concerning the donation of conservation easements,
information will be kept confidential as allowed by law. Following a donation
agreement, information may be made public as provided by law.
Vi. Repurchase of Conservation Easements
A. General
The designation of Agricultural Preservation Areas and the subsequent purchase of
conservation easements is intended to create areas with sufficient amount of
contiguous agricultural and/or open space -land to facilitate the permanent
agricultural and/or apes space use of land. While program activity will be directed
toward that goal, success is dependent.-on the voluntary participation of
landowners..
If a landowner or several owners of small s becomparticipants and locked
area, the goal may not be achieved. The e landowner could
by development and agricultural and/or open space use may become impractical.
In such a situation it may be in the best interest of the landowner and uh e public to
allow repurchase of the conservation easements for the property i Q
Other circumstances could also affect a property's suitability for conti nued
agricultural and/or open space use. Repurchase of conservation easements by a
landowner is foreseen as an unusual and the Buncombe County Board of
place with the concurrence of the Boar
Commissioners.
M
B. Eligibility Criteria
In order for a repurchase request to be considered, the following criteria must be
met: The original purchase of conservation easements must have occurred at least
twenty (20) years prior to the request for repurchase and the conservation
easements must have been purchased by and not donated to the County.
C. Repurchase Procedure
A landowner requesting a review of his property for possible repurchase of
conservation easements should do 'so by certified letter to the Board. The letter
should state the reason for the request and the date that the property was entered
into the program. Any repurchase.agreement included in a perpetual conservation
easement must comply with the North Carolina Ii'istorie Preservation and
Conservation Agreements Act and applicable Federal and State tax laws.
Upon approval in principle to the repurchase, the landowner must submit two
appraisals of value for the property in question. One appraisal will establish the .
fair market value of the property at its current highest and best use. The second
appraisal will establish the value of the property for agricultural or open space use.
Other appraisals may secured as necessary.
The Board will review the-appraisal values and decide to either recommend a
repurchase price to the Buncombe County Board of Commissioners or decline to
recommend repurchase. _
If a repurchase price is approved by the Board of Commissioners, the landowner
will be notified. If the price is acceptable to the landowner, he/she will submit a
written offer to purchase the conservation easements. The County may accept the
bid and advertise for upset bids. If an agreement is reached, a contract to convey
will be signed promptly by the landowner and the. County Board of Commissioners
or their designee.
The landowner will secure all legal documents necessary for the closing and will
bear all associated costs.
When legal documents are prepared and adequate financing is available, a date,
time, and location for closing wilt be agreed upon. Payment shall be made directly
to the County at closing by a certified check or equivalent payment'.
VII. Property Use Restrictions
In addition to restrictions set out elsewhere in these guidelines, the following restrictions
will apply to property 'included in the purchase, lease or donation of conservation
10
easements program. A waiver of' any restriction m ; be granted only i:,)on approval by
the Board in writing.
A. Residences permitted on the land from which conservation easements have been
conveyed are existing dwellings and the replacement of existing dwellings. No more than
three (3) dwellings will be permitted on the property included in the purchase, lease or
donation of conservation easements. Request for additional dwellings shall be considered
on a case by case basis.
B. All permitted non - agricultural structures shall, when feasible, be located in the
immediate vicinity of existing structures, described as the homestead or curtilage, as
reasonable expansions of the homestead or cartilage or on the area(s) of the property of
least productive capability. Such permitted structures shall, when feasible, utilize existing
or common driveways, lanes or right of ways.
C. The extraction of.minerals by surface mining . and extraction and removal of topsoil
from the property are prohibited. The extraction of subsurface or deep - trained minerals,
including natural gas and oil, and the non - commercial extraction of minerals - including
limestone, shale and other minerals shall be permitted, as long as the removal activity does
not significantly diminish the agricultural potential of the land.
D. Use of the property for dumping, storage, processing, or landfill of non-
agricultural solid waste generated off-site-is prohibited. Land application of biosolids is
acceptable.
E. Use of the property for dumping, storage, processing, or landfill of hazardous or
nuclear waste is prohibited.
F. Signs, billboard, and outdoor advertising structures may not be displayed on the
property except to state the name of the property, the name and address of the occupant,
to advertise an on -site activity and to advertise the property for sale or rent, as allowed by
the Buncombe County sign ordinance:
G. Agricultural land will be managed.in accordance with sound soil and water
conservation practices in a manner which will not destroy or substantially or irretrievably
diminish the productive capability of the property.
H. County officials shall have the right to enforce these restrictions by injunction and
all other appropriate proceedings allowable by law. Representatives of the County may
enter upon the property for the purposes of inspection concerning compliance with the
Conservation Agreement Program.
X. The County will hold the conservation easements in public trust for farmland
preservation and/or open space purposes and will. not voluntarily assign these rights except
to another organization bound to hold such rights for the same purposes.
4
J. All tracts of land from which conservation easements were purchased with Federal
or State funds will be subject to Federal and State regulations concerning farmland
preservation.
K. Timbering shall be permitted when based on a valid management plan prepared by
a registered forester or consulting forester.
VM. Farmland Ranking System
The Farmland Ranking System will be used to rank, or prioritize, applications received
from landowners seeking sale, lease or donation of their conservation easements. The
system can be used for evaluating conversion impact. The system consists of two parts:
1. Site Assessment Criteri a: This part of the system consists of 10 factors,
most of which are related to development pressures and development
capability /suitability of a particular farm parcel and it's surrounding area. Each
factor is assigned a point value based on its relative importance to other factors.
2. Soil Assessment Criteria: All soils in Buncombe County have been rated
and placed into groups ranging from the most 'Productive farmland to the least
productive. A relative value has been determined for each group. The best group
is assigned the highest value and all other groups are assigned lower values.
To determine the total value of a given parcel, the values for the Soil Assessment and Site
Assessment criteria are added together.
Site Assessment Criteri a
The following information describes the criteria to be used in site evaluation in
administering the Conservation Agreement Program. Point values and the criteria for
allocation of ranking points are listed below.
1. Tract Size (weight - 100- points)
A score of one point per acre is given up to a maximum of 100 points.
2. Percentage of Tract in Agricultural and/or open Space Use (weight - 100
points)
A score of one ranking point per percentage point of land in production or
open space compared to total tract size is given up to a maximum of 100
points.
12
3
4,
5.
1.2
4.l
Proximity to Public Water and Sewer (weight- 100 points)
Existing service area adjacent
100 points
Existing service area within 1/4 mile
80 points
70 points
Planned service area within 1/4. mile
Existing service area within 1/2 mile
60 points
Planned service area within 1/2 mile
50 points
Existing or planned service area within 1 -mile radius
30 points
No existing or planned service area within 1 -mile radius
10 points
Probability of Conversion (weight - 100 points)
Property subject to potential forced sale
100 points
Property subject to estate settlement sale ;
75 points
Property actively marketed for voluntary sale
50 points
Proximity to Planned Development (weight - 50 points)
Non - Agricultural development planned adjacent
SO points
Non- Agricultural development planned within 1/4 mile
40 points
Non - Agricultural development planned within 1/2 mile
30 points
Non - Agricultural development planned within 1 mile
20 points
Planned agriculture within 1 mile
10 points
Proximity to Agricultural Preservation Areas (APA) (weight
- 50 points)
Included in or adjacent to APA
50 points
40 points
Within 1/4 mile
30 points
1/4 to 1/2 mile
More than 1/2 mile
20 points
7. Capital Investment in Farm Operation- (weight - 200 points)
(Dwellings are not included in this determination other than employee
housing)
Substaritial capital investment within past 5 years 200 points
Substantial capital investment within past 10 years 100 points
Substantial capital investment within past 15' years 50 points
81 Conservation Program (weight - 200 points)
A score of two ranking points per percentage point of land meeting the "T"
formula of conservation is given up to a maximum of 200 points.
13
e
9. Historic, Scenic, Environmental Qualities (weight - 50 points)
Exceptional features favorable to preservation (National Register of
Historic Places, exceptional scenic contribution on major highway corridor,
exceptional or special environmental circumstances). 50 points
Significant features favorable to preservation (Historic Site Survey,
significant scenic contribution on rural roads, significant environmental
circumstances). 40 points
Features favorable to preservation (Significant, but undocumented historic
features, moderate localized scenic contribution and/or limited but
recognized environmental features favorable to preservation).
30 points
10. Specialty Products (weight - 50 points)
A score of one -half a ranking point per percentage point of land used for
production of a locally unique crop or product up to a maximum of 50
points. 50 points
14
FORESTLAND SOIL ASSESSMENT CRITERIA
Indicator Species.SI
Map Symbol Map Unit Name
77A
Arkaqua loam
0 -2%, freq. flooded
65A
Biltmore fsl,
0 -3X. occas. Flooded
2448 -
Braddock c1. 2 -8%.
244D
8 -15%. 15- 30%.'erod.
301B -
Clifton loam. 2 -8%,
301E
8- 15 %.15- 30 %.30 -50%
313E -
Clifton loam, erod.
313E
2-- 8%,8- 15 %.15- 30 %,30 -50%
53A
Dellwood- Reddies complx.
0 -3%. occas. flooded
233B
Dillard loam. 1 -5%
87A
French loam. 0 -3%.
occas. flooded
80A
Reddies fsl, 0 -3%
-�
occas. flooded
82A
Rosman fsl. 0 -3%.
occas, flooded
201B
Statler loam.1-5%
rarely flooded..
Species Forestland Ranking
WP SLP YP NRO RS. Grou Points
HIGH
(SI ? 90) 100
90 75 100 -- --
103 -- 106 --
93 71 95 --
93 -- 93 --
93 93 -- --
100/
91 -- 105 -- --
90 75 95 -- --
110 -- 100 --
- _- - -- -105 -- --.
100 -- 105
90 -- 100 - -
Species
Fot-eslla.n Rankin„
Map Symbol
Map. Unit Name
WP
SLP YP
NRD
RS Groin Points
100A
Sylva - Whites.ide
100/
complex. 0=4%
90
-- 9.5
- -.
- HIGH 100
(SI 3 90)
185D -
Toecane- vr.- Cobbly
185E
loam, 15 -30X;& 30 -50X
extrem. Bouldery
--
-- 104.
--
181C -
Tocane- Tusquitte
181E
complex,8 -15%,
15- 30X.30 =50X.
104/
very stony & bouldery
100
-- 103
-
-
840E &840F
Trimont gr.l.,
30 -50X. 50 -95%
--
- .102
-96
--
101B &101C
Whiteside loam,
'2- 8X.8 -15%
-90
-- 95'
--
801B -
Tusquitte gr. loam
801D
2- 8%.8-15X.15 -30X
100
7 103
--
242D
Unison gr. loam,15 -30%
-
70 -80 95
85
--
2428 &
Unison loam 2 -8X &
242C
Unison loam 8 -15%
-.
-- 95
85
--
2408 &
Unison Variant gr. Loam,
240C
2 -8% & 8 -15X
--
-- 95
85
--
33A
Iotla loam. 0 =2X
occas. flooded
90
-- 100
--
--
Species
forestl bd 'Ranki,ng.
Ma mbol
5
flap Unit Name
WP
SLP
YP
NQ RS
G,rQ P }rats
MQii�M
72A
Toxaway loam. 0 -2X
94
-•
85
- --
(SI 60 -89} 74
freq. flooded
804C
Ashe -- Cleveland Rock
8.1!
--
Outcrop complex. 8 -15%
70
57
804D -
Ashe - Cleveland Complexs
81/
60 --
804E
wl rock outcrops & boulders
70.
57
-
151D
Brevard- loam, 15 -30X
90
70
95
75 --
803E -
Edneyville- Chestnut Complex
98!
831
8 0 3F
8-15%.15-30%.30-50 X.
stoney.
Y
90!
64
97
80
50 -95X
78
5088 -
Enon Variant gr. -loam,
6(1.
63
88
-- --
508D
stony. 2- 8X.8 - 15X.15 -30%
783D -
Evard- .Cowee complex,erod..
80!
90/
783E
15- 30�.30�50X.50 -95X
78
70
80
-- --
211A
Hemphill. loam. 0. -3X
8$
I
rarely flooded
7828 -
Junaluska- Brasstown
86%
69!
'
782F
Complex. 2 -8X. 8 -15X,
96
71
--
-. _-
15- 30X:30... = 50X,50 -95X
785C -
Marshill- walnut Complex
80/
-=
785E
8- 15 %.15- 30X,30 - 50X,50-95%
75
--
--
-- _
788D -
Evard -Cowee Complex,
80/
78
901
80
=-
788F
15- 30,30= 50,50 -95
.70
1215 -
Tate gray. loam
89
--
92
_-
--
1210
2- 8X,8 -15X. 15 -30X
43A
Nikwasi loam, 0 -2X
86
--
88.
freq. flooded
p�
Species
Forestl.. nd Rank.'-ng
Map Symbol
Map Unit Name
WP
SAP
YP
NRO RS
Gr_ou pow j.
841C -
Porters -Unaka Complex,
841F
stony. .8- 15X,15 -30X.
89/
701
96/
70/
ME.WUM -
30 -50.X, 50. -95X
80
'60.
90'
60 --
(:S ..60 =89) 74
845D -
Porters -Una ka Complex
845F
windswept. stony, 15 -30X-.
&91
70/
9`61::
70/
30 -50X, 50 -95%
80
'60
90
60 --
808D -
Edneyville- Chestnut Complex
808F
windswept, stony, 15 -30X,
90/
98/..-
83/
30. -50X. 50 -90
78.
64
97
80 --
375D -
Soco_'Stecoah Complex,
85/
61/
375F
15= 30X.30 - 50X;50 -95%
93
--
69
-- --
791D -
Una ka; Rock Outcrop
791F
Complex,.Bouldery, 15 -30X
30 -50X, 50 -95%
80
60
90
60 --
630C -
Walnut- Oteen- Marshiil
630F
Complex. 8- 15X,15 -30X.
75/
75/
30 -50Z. 50 -95X.
65
--
__
'65 --
848D -
Wayah- Burton Complex,
848F
bouldery, 15 -30X,
76/
30 -50X. 50 -95%
--
--
--
65. 50
species
Forestland Ranking
Ma S mbol
Map knit Name WP
SLP YP l -RO RS
Grow Points
8D -
Rock Outcrop - Cleveland
70 -= --
LOW
(SI. < -6Q), 55
8F
Complex. 8 -30X. 30 -50X --
--
807C -
Balsam- Tanasee complex,
807E
very stoney. 8 -15X:
-- -- 64
15 =30X. 30 -50X --
8110 -
- Burton - Craggey Complex:
811F
windswept,rocky. &very
65/
bouldery. 15 -301.
-- 60 50
30- 50X.50 -95X --
--
8120 -
Craggy- Rock.Outcrop-
60/
812F
Clingman Complex.Windswept
40 50
15- 30X.30- 50X.50 -95% --
-- --
7D _
Rock-Outcrop -Oteen
F
Complex, 8- 30X,30 -50X,
y_
50 -95% 65
-- -- -
847C -
Wayah- Burton Complex..
847E
er ,
Windswep t Bould y
76/
8-15%,15-30%,30750%
_- -- 65 50
_
50-95X
OTHER SOILS
Species.
Forest1 and-
Ranking
Map Symbol
Map Unit Name WP SLP YP. NRO '.RS..
Goti;:
- Points
45B & 45C
Braddock -Urban land
Complex. 2 -8X. 8 -15X' -- -- -- -- --
20
31B -
Clifton -Urban land
31D
Complex: 2=8X,8 =15X,
15 -30X
20
78B -
Evard- Urban land .
78E
Complex. 2- 8X.8 -15X,
15 -30 -- -- -- - -. -.
20
21B -
Tate -Urban land
21D
Complex. 2 -8X,
8 =15X. 15 -30X
20
10.11. &12
Pits & Quarries -- -- -- - --
-15
13.14.
15.16.17
Misc. Cuts & Fills -- -- -- -- --
10
W
Mater
0
NOTE:
ALL OTHER MAP UNITS BEING USEDTOR FORESTRY. PURPOSES WILL
BE -(3EbE TERK.IRED
ON
AN INDIVIDUAL BASIS.
Farmland
Soil Assessment
Criteria
Land
Farmland
Farmland Productive Ranking
Mapj Q1
Map Unit Name
Slope
Cap. Class
Cass
Gr_ oup Value Value
244B
Braddock c.l.
2 -8%
3e
Prime
PI 1.0 100
301B
Clifton loam
2 -8%
2e
Prime
P1
i
233E
Dillard loam
rarely flooded
1 -5%
2w
Prime
P1
80A
Reddies fsl
occas. Flooded
0 -3%
2w
Prime
P1
82A
Rosman fsl
occas. Flooded
0 -3%
2w
prime
Pi
2016
j
i
Statler loam
rarely flooded
1 -5%
2e
Prime
P1
1218
Tate gr loam
2 -8%
2e
Prime
P1
8018
Tusquitte
loam
2 -8�
2e
Prime
P1
gray.
2428
Unison loam
2 -8%
2e
Prime
P1
2408
Unison variant
2
3e
Prime
P1
gray. Loam
-8%
lOiB
i
Whiteside loam
2 -8%
2e
Prime
P1
1 33A
Iotla loam
Flooded
0 -2%
2w
Prime
P2 0 9 90
occas.
100A
Sylva- Whiteside
3w
2e
Prime
P2
Complex
0 -4�
244C
Braddock c.l.
Land
Farmland
Farmland
Productive
Ranking
Map Symbol
Map Unit Name
Slope
Cap. Class
Class
Group
Value
Points
Clifton c.l.
77A
Arkaqua loam
0 -2%
3w
Prime
P2
0.9
90
53A
freq. flooded
complex, occas.
87A
French loam
0 -3%
3w
Prime
P2
S1
782B
Junaluska - Brasstown
occas. flooded
Complex 2 -8%
3e
S &L I
72A
Toxaway loam
Junaluska- Brasstown
Complex 8 -15%
4e
freq. Flooded
0 -2%
3w
Prime
P5
0.85
85
244C
Braddock c.l.
State & Locally
eroded 8 -15%
4e
Important
S1
301C
Clifton loam 2 -8%
2e
S &L I
S1
313C
Clifton c.l.
eroded 8 -15%
4e
S &L I
S1
53A
Oellwood- Reddies
complex, occas.
Flooded 0 -3%
3s
S &L I
S1
782B
Junaluska - Brasstown
Complex 2 -8%
3e
S &L I
S1
782C
Junaluska- Brasstown
Complex 8 -15%
4e
S &L I
S1
785C
Marshill- Walnut
Complex 8 -15%
4e
S &L I
S1
121C
Tate gr. Loam 8 -15%
4e
S &L I
S1
211A
Hemphill loam
rarely flooded
0 -3%
4w S &L I S2 0.6' 60
803C
v�
Chestnut complex.
Other
50
i
Stony
8 -15%
Land
Farmland
Farmland Productive Ranking.
Map Symbol
i
Map Unit Name
Slope
Cap. Class
Class
Group Value Points
8010
Tusquitte gr: L.
8 -15
4e
S &L I
S1 0.8 80
242C
I
Unison loam
8 -15%
3e
S &L I
S1
240C
Unison Variant
2 -8%
3e
gr. L.
8 -15X
3e
S &L I
S1
630C
Walnut- Oteen-
Marshill complex
8 -15%
6e
S &L I
S1
101C
Whiteside
loam
8 -15%
.
4e
S &L I
S1
211A
Hemphill loam
rarely flooded
0 -3%
4w S &L I S2 0.6' 60
803C
Edneyville-
Chestnut complex.
Other
50
Stony
8 -15%
3s Importance 01 0.5
65A
Biltmore fsl
0 -3%
4w
43A
Nikwasi loam
0 -2%
6w
5086
Enon Variant
gr. l.;stony
2 -8%
3e
7886
Evard -Cowee
02 0.4 40
Complex,stony
2 -8%
3e
Land
Farmland Farmland
Productive
Ranking
Mapap 5_ ymbol
Map Unit Name
Slope
Cap_ Class
Class Group
Value
Points
508C
Enon Variant
Other
gr..l..stony
8 -15%
4e
Importance 02
0.4
40
788C
Evard -Cowee
Complex,stony
8 -15%
4e
841C
Porters - llnaka
Comp 1 ex. s tony.
8 -15%
4e
1210
Tate gr. loam
15 -30%
6e
03
0.3
30
801D
Tusquittee gr.
loam
15 -30%
6e
630D
Walnut- Oteen-
Marshill Complex
15 -30%
6e
301D
Clifton loam
15 -30%
6e
313C
Clifton c.l.
eroded
8' -15%
4e
313D
Clifton c.l.
eroded
15 -30%
6e
2440
Braddock c.l.
15 -30%
6e
151D
Brevard loam
15 -30%
6e
803D
Edneyville-
Chestnut
Complex,stony
15 -30%
6e
8080 ---
Edneyville-
Chestnut
Complex.stony
Windswept
15 -30%
6e"
508D
Enon Variant
gr.loam.stony
15 -30%
fie
Land
Farmland
Farmland Productive Ranking
Map Symbol
Map Unit Name
Slope
Cap. Class
Class
Group Value Points
7830
Evard -Cowee
Other
Complex.eroded
15 -30%
6e
Importance
03 4.3 30
788D
Evard -Cowee
Complex.stony
15 -30 %.
6e
782D
Junaluska-
Brastown
Complex
15 -30%
6e
785D
Marshill-
0a1nut
Complex
15 -30%
6e
841D
Porters -
Unaka
Compl ex. stony
15 -30%
6e
3450
Porters -
Unaka
Complex
Windswept
15 -30%
'6e
375D
Soco-
Stecoah
Complex
15 -30%
6e
2420
Unison g.l.
15 -30%
6e
NOTE:
ALL OTHER MAP
UNITS BEING
FARMED WILL
BE DETERMINED
ON AN INDIVIDUAL BASIS USING
THE SOIL CAPABILITY CLASSIFICATION
SYSTEM TO DETERMINE
RANKING.
Read and approved on first reading by a vote of for and b against, this the
day of 2001.
Read and approved on second reading by a vote of for and against, this the
day of • 2001.
ADOPTED this a±i day of 2001.
ATTEST:
&Aa �—
y Hu es, Cler the Board
APPROVED AS TO FORM:
90
Joe A Connolly, County Attorney
mla
OF
, Chairman
FOR
i
5- 7
See the rest of the Buncombe County Voluntary Farmland Preservation
Program Ordinance. Click on the following link to see this program
ordinance: Program Ordinance
J �b.
.i
i..i n C61n COU41 all
2 COO 2
LINCOLN COUNTY
VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE
ARTICLE I
TITLE
An ordinance of the Board of County Commissioners of LINCOLN COUNTY, NORTH
CAROLINA, entitled, "VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE."
ARTICLE II
POLICY & PURPOSE
The Lincoln County Board of Commissioners recognizes the critical need for proper
management of environmental issues as Lincoln County faces growth in the*coming years. It is
the policy of Lincoln County to conserve, protect, and encourage the development,
improvement and preservation of its agriculture land and forestland for the production of food,
fiber and other products. When other land uses extend into agricultural and forest areas,
agricultural and forestry operations often become the subject of nuisance suits. It is the purpose
of this Ordinance to reduce potential nuisance suits by providing advance notice to surrounding
landowners of the presence of voluntary agricultural districts and to encourage the voluntary
preservation and protection of farmland from non -farm development, recognizing the
importance of agriculture to the economic and cultural life of the county.
ARTICLE III
AUTHORITY
The articles and sections of this ordinance are adopted pursuant to authority conferred by the
N.C.G.S. Sections 106 -735 through 106 -744 and Chapter 153A.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this ordinance:
Agricultural District Advisory Board: Lincoln County Agricultural District Advisory Board.
Chairperson: Chairperson of the Lincoln County Agricultural District Advisory Board.
District: Voluntary Agricultural District as established by this ordinance.
Board of Commissioners: Lincoln County Board of Commissioners.
Conservation Agreement: Agreement between agricultural operation (landowner) and
Lincoln County prohibiting non -farm use.
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ARTICLE V,
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners shall establish. an Agricultural District Advisory Board to
implement the provisions of this program.
B. Membership
The Agricultural District Advisory Board shall consist of no less than 7 members appointed by
the Board of Commissioners.
C. Membership Requirements
1. Each Advisory Board member shall be a Lincoln County resident. Each district shall
be assigned to a member of the Board who shall monitor and represent that district in
all business conducted by the Board. Individual members will represent those districts
closest to them geographically.
2. At least 5 of the 7 members shall be actively engaged in farming.
3. The members actively engaged in farming, as well as other members, shall be selected
for appointment by the Board of Commissioners from the names of individuals
submitted to the Board of Commissioners by the Lincoln Natural Resources
Committee, the Soil and Water Conservation District Board of Supervisors, the County
Office of the North Carolina Cooperative Extension Service, the USDA Farm Service
Agency County Committee, nonprofit agricultural organizations, conservation
organizations, agribusiness, and the public at large.
D. Tenure
The initial board is to consist of 2 appointees for terms of one year; 2 appointees for terms of
two years; and 3 appointees for terms of three years. Thereafter, all appointments are to be for
terms of three years, with reappointment permitted.
E. Vacancies
Any vacancy on the Agricultural District Advisory Board is. to be filled by the Board of
Commissioners for the remainder of the unexpired term.
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F. Removal
61
Any member of the Agricultural District Advisory Board may be removed for cause by the
Board of Commissioners subsequent to written charges being presented to the member and
after consultation with the Agricultural District Advisory Board.
G. Funding
The per diem compensation, if any, for the members of the Agricultural District Advisory
Board may be fixed by the Board of Commissioners and funds may be appropriated to the
Agricultural District Advisory Board to perform its duties.
H. Agricultural District Advisory Board Procedure
1. Chairperson
The Agricultural District Advisory Board shall elect a chairperson and vice- chairperson
each year at its first meeting of the fiscal year. The chairperson shall preside over all
regular or special meetings of the Agricultural Advisory Board: In the absence or
disability of the chairperson, the vice - chairperson shall preside and-shall exercise all the
powers of the chairperson. Additional officers may be elected as needed.
2. Jurisdiction
The Agricultural District Advisory Board may adopt rules of procedure not inconsistent
with this ordinance or with other provisions of State law.
3. Agricultural District Advisory Board Year
The Agricultural District Advisory Board shall use the Lincoln County fiscal year as its
meeting year.
4. Meetings
Meetings of the Agricultural District Advisory Board shall be held at the call of the
chairperson and at such other times as the Agricultural District Advisory Board may
specify in its rules of procedure or upon the request of at least a majority of the
Agricultural District Advisory Board Membership. A meeting shall be held at least
annually and notice of any meetings to the members shall be in writing, unless
otherwise agreed to by all Agricultural District Advisory Board members. Meeting
dates and times shall be posted as far in advance as possible at the meeting site and by
advertisement in local newspapers or by other means of public dissemination of the
meeting dates as may be agreed upon by at least a majority of the Agricultural District
Advisory Board Membership. All meetings shall be open to the public. A quorum of
the Agricultural District Advisory Board must be present to conduct business.
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5. Majority Vote
The concurring vote of a majority of the members of the Agricultural District Advisory
Board present shall be necessary to decide in favor of an applicant; or to pass upon any
other matter on which it is required to act under this ordinance. To reverse any order,
requirement, decision or determination of the Agricultural District Advisory Board the
concurring vote of a majority of all members of the Agricultural District Advisory
Board shall be necessary.
6. Records
The Agricultural District Advisory Board shall keep minutes of the proceedings
showing the vote of each member on each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be filed in the office of the Agricultural District Advisory
Board and shall be a public record.
7. Administrative
The Soil and Water Conservation District will serve the Agricultural District Advisory
Board for record keeping, correspondence, application procedures under this ordinance,
and whatever services the Board needs to complete its duties.
I. Duties
The Agricultural District Advisory Board shall:
1. Review and approve applications for qualified farmland and voluntary agricultural
districts and make recorrunendations concerning the establishment and modification of
agricultural districts;
2. Conduct public hearings on public projects likely to have an impact on agricultural
operations, particularly if such projects involve condemnation of all or part of any
qualifying farm;
3. Advise the Board of Commissioners on projects, programs, or issues affecting the
agricultural economy or activities within the county that will affect agricultural districts;
4. Review and make recommendations concerning proposed amendments to this
ordinance;
5. Develop a county -wide farmland protection plan as defined in N.C.G.S. § 106 -744 (e)
(1) for presentation to the Board of Commissioners;
4
6. Study additional methods of farmland conservation and make recommendations to the
Board of Commissioners; and perform other agricultural related tasks or duties assigned
by the Board of Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purposes stated in Article II, this program provides for the creation of
voluntary agricultural districts that meet the following standards:
1. The District shall contain one or more qualified farms that contain a total of not less
than 50 acres.
2. If a District consists of more than one qualifying farm, each farm must be within one
mile of at least one other qualifying farm within the District.
B. Encourage Formation
The county may take such action as it deems appropriate through the Agricultural District
Advisory Board or other entities or individuals to encourage the formation of the Districts and
to further their purposes and objectives, including the implementation of a public information
program to reasonably inform landowners of the agricultural district program.
C. Withdrawal
In the event that one or more participants in the District withdraw and the acreage in the
District becomes less than the minimum acreage required or results in the remaining land being
noncontiguous, a voluntary agricultural district will continue to exist so long as there is one
qualifying farm.
D. Display
The Districts shall be designated on county GIS mapping system and marked on county maps
displayed for public view in the following county offices:
1. Register of Deeds
2. Building & Land Development
3. Tax mapping
4. Soil and Water Conservation District/NRCS
5. Cooperative Extension
5
Q
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
Requirements
To secure county certification as qualifying farmland, a farm must:
1. Be participating in the farm present- use -value taxation program established by
N.C.G.S. §105 -277.2 through §105- 277.7;
2. Be certified by the Natural Resources Conservation Service (formerly the Soil
Conservation Service) of the United States Department of Agriculture as being a farm
on which:
A. At least two- thirds of the land is composed of soils that:
1. Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
2. Have good soil qualities;
3. Are favorable for all major crops common to the county where the
land is located;
4. Have a favorable growing season; and
5. Receive the available moisture needed to produce high yields for an
average of eight out of ten years.
W1
B. At least two thirds of the land has been actively used in agricultural,
horticultural or forestry operations as defined by N.C.G.S. § 105 -277.2
(1,2,3) during each of the five previous years, measured from the date on
which the determination must be made as to whether the land in question
qualifies.
3. Be managed in accordance with the Natural Resources Conservation Service defined
erosion - control practices that are addressed to highly- erodible land if highly erodible
land exist on the farm; and
4. Be the subject of a conservation agreement, as defined in N.C.G.S. §121 -35, between
the county and the owner of such land that prohibits non -farm use or development of
such land for a period of at least ten years, except for the creation of not more than three
lots that meet applicable county.zoning and subdivision regulations.
6
6a
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
1. A landowner may apply to participate in the program by making application to the
chairperson of the Agricultural District Advisory Board or a designated staff person.
The application shall be on forms provided by the Agricultural District Advisory Board.
The application to participate in a district may be filed with the certification for
qualifying farmland.
Subject to approval of the application, the landowner shall execute a
conservation agreement per .Article VII. Paragraph 4.
B. Approval Process
Upon submission of the application to the Agricultural District Advisory Board, the
Agricultural District Advisory Board shall meet within sixty (60) days to approve or
disapprove the application. The chairperson shall notify the applicant by first class mail
of approval or disapproval of participation in the agricultural district.
2. Upon receipt of an application, the chairperson will forward copies immediately to the
following offices which shall be asked to provide comments, if any, to the Agricultural
District Advisory Board prior to the date set for the Agricultural District Advisory
Board vote on the application.
a. The Lincoln County tax assessor;
b. The Lincoln Soil and Water Conservation District office; and
G. The Natural Resources Conservation Service.
The offices shall evaluate, complete and return their copies to the chairman within
30 days of receipt.
C. Appeal
If the Agricultural District Advisory Board denies an application, the petitioner shall have thirty
(30) days to appeal the decision to the Board of Commissioners. Such appeal shall be
presented in writing. The decision of the Board of Commissioners is final.
r
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ARTICLE IX
REVOCATION OF CONSERVATION AGREEMENT
By written notice to the Agricultural District Advisory Board, a landowner of qualifying
farmland may revoke the Conservation Agreement or the Agricultural District Advisory Board
may revoke the same Conservation Agreement based on noncompliance by the landowner,
subject to the same provisions as contained in Article VIII for appeal of denials. Such
revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a
district. Absent noncompliance by the landowner, neither the Agricultural District Advisory
Board nor the Board of Commissioners shall revoke. any conservation agreements prior to its
expiration.
ARTICLE X
PUBLIC HEARINGS
A. Purpose
Pursuant to N.C.G.S. §106 -740, which provides that no state or local public agency or
governmental unit may formally initiate any action to condemn any interest in qualifying
farmland within a District until such agency or unit has requested the Agricultural District
Advisory Board to hold a public hearing on the proposed condemnation, this ordinance
provides for such hearings.
B. Procedure
Upon receiving a request, the Agricultural District Advisory Board shall publish notice
describing the proposed action in the appropriate newspapers of Lincoln County within
five (5) business days of the request, and will in the same notice notify the public of a
public hearing on the proposed condemnation, to be held within thirty (30) days of
receipt of the request.
2. The Agricultural District Advisory Board shall meet to review:
a. Whether the need for the project has been satisfactorily established by the
agency or unit of government involved, including a review of any fiscal impact
analysis conducted by the agency involved; and
b. Whether there are alternatives to the proposed action that have less impact and
are less disruptive to the agricultural activities of the District within which the
proposed action is to take place.
Land value will not be a factor in the selection between properties under consideration
for the proposed action.
4. Within ten (10) days after the hearing, the Agricultural District Advisory Board shall
make a report containing its findings and recorrunendations regarding the proposed
action. The report shall be made available to the public prior to its being conveyed to
the decision - malting body of the agency proposing the acquisition.
Pursuant to N.C. G. S. 106 -740, the Board of Commissioners shall not permit any
formal initiation of condemnation by local agencies while the proposed condemnation
is properly before the Agricultural District Advisory Board within these time
limitations.
Prior to initiating condemnation proceedings which would convert land in a District to
non -farm uses: the county or any other local unit of government shall submit to the
Agricultural District Advisory Board a statement that the goverrvmental unit has
considered alternatives to condemning farm land in the district.
ARTICLE XI
PUBLIC NOTIFICATION
A Purpose
The purpose of this section is to help meet the needs of agriculture as an industry and to
prevent conflicts between voluntary agricultural district participants and non -farm
landowners in proximity to districts.
B. Procedure
Upon certification of qualifying farmland and designation of real property as a District,
the Agricultural District Advisory Board, in cooperation with the county, shall provide
notification to property owners, residents and other interested persons in and
adjacent to any designated agricultural district. The purpose of such notification is
to inform all current and potential residents and property owners in and adjacent to
an agricultural district that farming and agricultural activities may take place in this
district any time during the day or night. These activities may include, but are not
limited to the following: pesticide spraying, manure spreading, machinery
operations, livestock operations, forestry operations including logging and similar
activities.
Types of Notification
a. Signs identifying approved agricultural districts shall be placed along the
rights -of -way of major roads.
b. Maps identifying approved districts shall be provided to the Register of
Deeds, the Soil and Water Conservation Office, the Cooperative Extension
Office, Building & Land Development and Tax Mapping.
C. The following notice shall be available for public inspections in the Register
of Deeds Office;
NOTICE TO REAL ESTATE PURCHASERS IN LINCOLN COUNTY
OF VOLUNTARY AGRICULTURAL DISTRICTS FOR FARMLAND
CONSERVATION
Lincoln County has established voluntary agricultural districts for farmland
conservation to protect and preserve agricultural lands and activities. These
districts have been developed and mapped by the County to inform all
purchasers of real property that certain agricultural activities including, but
not limited to, pesticide spraying, manure spreading, machinery operations,
livestock operations, forestry operations including logging and similar
activities may take place in these districts any time during the day or night.
Maps and information on the location and establishment of these districts
can be obtained from the Soil & Water Conservation District Office/NRCS,
Register of Deeds, Cooperative Extension Service, Building & Land
Development and Tax Mapping.
2. Limit of Liability
In no event shall the County or any of its officers, employees, or agents be held liable in
damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in
comlection with the duties or obligations imposed by this ordinance.
3. No Cause of Action
In no event shall any cause of action arise out of the failure of a person researching the
title of a particular tract to report to any person the proximity of the tract to a qualifying
faun or voluntary agricultural district as defined in this ordinance.
ARTICLE XII
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of subdivisions or planricd unit developments shall designate on preliminary
development plans, the existence of the Districts located within one -half aerial mile of the
proposed development.
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ARTICLE XIII
BUILDING PERMIT REGISTRATION
A. Signed Registration
Lincoln County shall require persons applying for a building permit to sign the following
statement, which shall be maintained at the office of the Agricultural District Advisory Board:
"I have reviewed the most current Lincoln County Agricultural Districting Map found in the
Register of Deeds office. I understand that activities such as pesticide spraying, manure
spreading, machinery operation, livestock operations, logging and other common farming
and forestry activities may occur at any time in these areas."
ARTICLE XIV
WAIVER OF SEWER ASSESSMENTS
Pre - existing agricultural districts that exist before a new sewer district is established will
be exempt from sewer assessment.
ARTICLE XV
COUNSULTATION AUTHORITY
The Agricultural District Advisory Board may consult with the Lincoln Natural Resources
Committee, North Carolina Cooperative Extension Service, Lincoln Soil And Water
Conservation District, Natural Resources Conservation Service Office, North Carolina
Department of Agriculture & Consumer Services and with any other individual, agency, or-
organization
the Agricultural District Advisory Board deems necessary to properly conduct its
business.
ARTICLE XVI
NORTH CAROLINA AGENCY NOTIFICATION
Annually Report to the North Carolina Department of Agriculture and Consumer Services
A copy of this ordinance shall be sent to the Office of the North Carolina Commissioner of
Agriculture and Consumer Services, the Board of Commissioners, the County Office of the
North Carolina Cooperative Extension Service, and the Soil and Water Conservation District
office after adoption. At least annually the county shall submit a written report to the
Commissioner of Agriculture and Consumer Services on the county's agricultural district
program, including the following information:
Number of landowners enrolled;
Number of acres applied;
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F
3, Number of acres certified;
4. Number of acres denied;
5, Date certified;
ARTICLE XVII
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase, or portion of this ordinance is for any reason
found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance.
B. Conflict with other Ordinances and Statutes
Whenever the provisions of this ordinance conflict with other ordinances of Lincoln County,
this ordinance shall govern. Whenever the provisions of any federal or state statute require
more restrictive provisions than are required by this ordinance, the provisions of such statute
shall govern.
C. Amendments
After notification and in consultation with the Agricultural District Advisory Board this
ordinance may be amended from time to time by the Board of Commissioners.
12
ARTICLE XVIII
ENACTMENT
The Lincoln County Board of Commissioners hereby adopts and enacts the preceding articles
and sections of this ordinance.
Adopted this the T'�6 day of -k) be , 2002.
Motion for adoption by C42 Dav)d Chat tP and seconded by
ATTEST: 99
Clerk to Board f Commissi ers
Approved as to form:
County Attorney
LINCOLN COUNTY BOARD OF COMMISSIONERS
airper on
13
�1 ` -1
2000
GUILFORD COUNTY
VOLUNTARY AGRICULTURAL DISTRICT
ORDINANCE.
ARTICLE I
TITLE
An ordinance of the Board of County Commissioners of Guilford County, NORTH
CAROLINA, .entitled, "VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE."
• ARTICLE 11
AUTHORITY
This ordinance is adopted pursuant to authority conferred by G.S. 106 -735 through
106 -743 and other applicable law,
ARTICLE III
PURP08E
The purpose of this ordinance is to promote the preservation of farmland in Guilford
County so that development and growth will be accompanied by protection of farms
from non -farm development and other negative impacts on properly managed farms,
recognizing the importance of agriculture to the economic and cultural life of the
county.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this ordinance:
Board: The Guilford County Agricultural Advisory Board
Chair: The Chairman or Chairwoman of the Guilford
County Agricultural Advisory Board
District: A Voluntary Agricultural District
Board of Commissioners: The Guilford County Board of Commissioners
ARTICLE V .
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners hereby establishes The Guilford, County
Agricultural Advisory Board to implement the provisions of this ordinance.
B. Membership
The Board shall consist of seven (7) members appointed by the Board of
Commissioners.
C. Membership Requirements
1. Each member shall be a Guilford County resident.
2. At least five of the seven members shall be actively engaged in farming
or own qualifying farmland in Guilford County.
3. The members actively engaged in farming shall be selected for
appointment from the names of individuals submitted by the Natural
Resources Conservation Service, the Cooperative Extension Service, the
Farm Service Agency, and the Guilford County Farm Bureau with an
effort to have the broadest geographical representation possible.
4. One member shall be a non -farm member, and one member shall also be
County Commissioner who shall serve only so long as he or she is a
commissioner.
D. Tenure
The initial board is to consist of three (3) members for terms of one year; two
(2) members for terms of two years; and two (2) members for terms of three
years. Thereafter, all appointments are to be for terms of three years, with
reappointment permitted for a maximum of two consecutive terms. Members
shall serve at the pleasure of the Board of Commissioners.
E. Vacancies
Any vacancy on the Board is to be filled by the Board of Commissioners for the
remainder of the unexpired term.
2
F. Funding
The compensation of the members of the Advisory Board shall be fixed and
amended by the Board of Commissioners and funds shall be appropriated to
the Advisory Board to perform its duties.
n. G. Board Procedure
1. Board Year
The Board shall use the Guilford County fiscal year as its meeting year.
2. Chair
The Board shall elect a Chair and Vice -Chair each year at its first
meeting of the year. The Chair shall preside over all regular or special
meetings of the Board. In the absence or disability of the Chair, the
Vice -Chair shall preside and shall exercise all the powers of the Chair.
Additional officers may be elected as needed.
3. Jurisdiction
The Board may adopt rules of procedure not inconsistent with this
ordinance or with other provisions of law.
4. Meetings
Meetings of the Board shall be held at least annually and otherwise at
the call of the Chair and at such other times as the Board may specify in
its rules of procedure. Notice of all meetings shall be made to the
members in writing,, unless otherwise. agreed to by all Board members.
5. Maiority Vote
The concurring vote of a majority of the members of the board shall be
necessary to pass upon any matter on which it may act under this
ordinance.
6. Records -
The Board shall keep minutes of the proceedings showing the vote of
each member upon each question, or if absent or failing to vote,
indicating such fact.
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6
d �
H. Powers and Duties
The Board shall:
1 . Review and make recommendations concerning the establishment and
modification of agricultural districts.
2. Review and make recommendations concerning any ordinance or
amendment adopted or proposed for adoption under this ordinance.
3. Advise the Board of County Commissioners on projects, programs, or
issues affecting the agricultural economy or way of life within the
county.
4. Prepare a draft of the report required by G.S. 106 -743 giving the status,
progress and activities of the county's farmland preservation program.
5. Assign a member to represent each district as required by G.S. 106 -738
(4).
6. Perform other related tasks or duties assigned by the Board of County
Commissioners or applicable law.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purpose stated in Article lil, this program provides
for the creation of voluntary agricultural districts that meet one of the
following standards:
1. The District shall contain a minimum of 20 contiguous acres of qualified
farmland; or
2. The District shall contain two or more tracts of qualifying farmland that
contain a minimum total of 20 acres and are located within one -half mile
of each other.
B. Encourage Formation
El
The County may take such action, as it deems appropriate, to encourage the
formation of the Districts and to further their purposes and objectives,
including the implementation of a public information program to reasonably
inform landowners of the location of districts.
C. Display
The Districts shall be marked on County maps, which shall be displayed for
public view in County offices including, but not limited to, the offices of the
Planning Department and the Register of Deeds.
D. Withdrawal
In the event that one or more participants in the District withdraws or loses
eligibility to participate and the District no longer meets the standards of this
ordinance, the district will continue to exist so long as there is one qualifying
farm.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
In order for farmland to qualify under this Article, it must be real property that:
A. Is participating in the farm present- use -value taxation program established by
G.S. 105 -277.2 through 105 -277.7 or is otherwise determined by the county
,to meet all the qualifications of this program set forth in G.S. 105 - 277..3;
B. Is certified by the Soil Conservation Service of the United States Department
of Agriculture as being a farm on which at least two - thirds of the land is
composed of soils that (i) are best suited for providing food, seed, fiber,
forage, timber, and oil seed crops, (ii) have good soil qualities, (iii) are favorable
for all major crops common to the county where the land is located, (iv) have a
favorable growing season, and (v) receive the available moisture needed to
produce high yields an average of eight out of 10 years; or on which at least
two - thirds of the land has been actively used in agricultural, horticultural or
forestry operations as defined in G;S. 105- 277.2(1), (2), and (3) during each
of the five previous years, measured from the date on which the determination
must be made as to whether the land in question qualifies;
C. Is managed, if highly erodable land exists on the farm, in accordance with the
Natural Resources Conservation Service defined erosion control practices that
5
are addressed to highly erodable land; and
D. Is the subject of a conservation agreement, as defined in G.S. 121 -35,
between the County and the owner of such land that prohibits nonfarm use or
development of such land for a period of at least 10-years, except for the
creation of-,not more than three lots that meet applicable county zoning and
subdivision regulations.
ARTICLE VIII
REVOCATION OF CONSERVATION AGREEMENT
By written notice to the County, a landowner of qualifying farmland may revoke a
conservation agreement; or the Board may recommend the revocation of a
conservation agreement, based on non - compliance by the landowner, to the Board of
County Commissioners for their action. Revocation shall result in the loss of eligibility
to participate in a District.
ARTICLE IX
APPLICATION, APPROVAL AND APPEAL PROCEDURE
A. Application Procedure
A landowner may apply to participate in the program by making application to
the Chair or a designated staff person. The application shall be on forms
provided by the Board.
B. Approval Process
1. Upon receipt of an application, the Chair will forward copies
to the following agencies for their prompt evaluation and response:
a. The Guilford County Tax Department; and
b. The USDA Natural Resources Conservation Service office in Guilford
County.
2. Upon receipt of the responses from the Guilford County Tax Department
and the USDA Natural Resources Conservation Service, the Board shall
meet within 30 days to consider the application. The Chair shall
endeavor to notify the applicant by first -class mail of its
1.1
7
recommendation within 15 days.
3. The recommendation shall then be acted upon at a meeting of the Board
of Commissioners, whose decision shall be final.
ARTICLE X
PUBLIC NOTICE
A. Procedure
Upon approval of a District, appropriate maps shall be updated so that a
person wishing-to ascertain the proximity of a particular tract to a District may
do so.
B. Signs
The County Manager may cause signs to be placed along public roadways to
notify the public of the presence or proximity of a District.
C. Limit of Liability
In no event shall the County or any of its officers, employees, or agents be
held liable in damages for any misfeasance, malfeasance, or nonfeasance
occurring in good faith in connection with the duties or obligations imposed by
this ordinance.
D. No Cause of Action
In no event shall any cause of action arise out of the failure of a person
researching the title of a particular tract to report to any person the proximity
of the tract to a qualifying farm or voluntary agricultural district as defined in
this ordinance.
ARTICLE XI
WAIVER OF WATER AND SEWER ASSESSMENTS
A. No Requirement to Connect
No requirement to connect to Guilford County water and /or sewer systems
shall be imposed upon qualifying farms inside a district.
7
U
B. Abeyance
Water and sewer assessments will be held in abeyance, without interest, for
qualifying farms, inside a District, until improvements on such property are
connected to the water or sewer system for which the assessment was made.
C. Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance
with the terms set out in the assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is
held in abeyance without interest.
E.. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to
hold assessments in abeyance under G.S. 153A -201 or other applicable law.
ARTICLE XII
NORTH CAROLINA AGENCY NOTIFICATION
A. Adoption
Upon adoption of this ordinance and any subsequent amendment,' the County
shall record this ordinance with the North Carolina Commissioner of
Agriculture.
B. Annual Report
The Board of County Commissioners shall make an annual report to the North
Carolina Commissioner of Agriculture as specified in G.S. 106 -743.
ARTICLE XIII
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase or portion of this ordinance
f
is for any reason invalid or unconstitutional as determined by any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
B. Conflict with other Ordinances and Statutes
Whenever the provisions of this ordinance conflict with other ordinances of
Guilford County, this ordinance shall govern to the extent allowed by law.
Whenever the provisions of any federal or state statute require more
restrictive provisions than are required by this ordinance, the provisions of
such statute shall govern.
C. Amendments
This ordinance may be amended from time to time by the Board of
Commissioners in consultation with the Advisory Board.
Adopted this the day ofiyvi,lNi, ,aod0
Motion for adoption by 6 mi: ci ®�iul . �� and seconded by
ATTEST:
r
mm MUM ton :....
9
roll V
� I T
8
SAMPLE
CONSERVATION AGREEMENT
Having been certified by the Agricultural Advisory Board and approved by the Guilford
County Board of Commissioners, I /we agree to sustain, promote and encourage
agriculture in this voluntary agricultural district, support protection against nuisance
suits, undesired non -farm development and other negative impacts on participating
farms.
Uwe agree to voluntarily preserve and protect the conservation values of my /our property
more completely described on the attachments hereto by prohibiting non -farm use of the
property for a period of 10 years from the date of signing of this Agreement, except for
the creation of not more than three (3) lots that meet applicable zoning and or
subdivision regulations.
This Agreement may be revoked by written notice to the Agricultural Districts Advisory
Board, or the Board of Commissioners may revoke the Agreement based on non-
compliance by the Landowner.
NORTH CAROLINA
GUILFORD COUNTY
SAMPLE
NOTICE OF PARTICIPATION IN
VOLUNTARY AGRICULTURAL DISTRICT
VJWREAS, following proper application by the undersigned Owners, the property described on
Attachment A (Application) and Attachment B (Conservation Agreement) owned by the undersigned has
been approved as part of a Voluntary Agricultural District by the Guilford County Board of
Commissioners by action duly taken in public meeting on the day of 20 , as
provided in N.C. Gen. Stat.106 -735 et. se g. and Section 15 -57 et seg. of the Guilford County Code of
Ordinances. The Conservation Agreement is subject to revocation as set out in these application laws.
8 4
NORTH CAROLINA
GUILFORD COUNTY
NOTICE OF PARTICIPATION IN
VOLUNTARY AGRICULTURAL DISTRICT
WHEREAS, following proper application by the undersigned Owners, the property described on
Attachment A (Application) and Attachment B (Conservation Agreement) owner by the undersigned has
been approved as part of a Voluntary Agricultural District by the Guilford County Board of Commissioners
by action duly taken in public meeting on the day of , 20^, as provided in N.C.
Gen. Stat.106 -735 et. se . And Section 15 -57 et. sew. Of the Guilford County Code of Ordinances. The
Conservation Agreement is subject to revocation as set out in these applicable laws.
This the day of .20
North Carolina
Guilford County
I, , a Notary Public of said County and State,
do hereby certify that
personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official seal, this the
My Commission Expires:
2
day of
Notary Public
20
85
Application for Participation In
The Guilford County
Voluntary Agricultural District
APPLICATION PROCEDURE
The application on Page 2 is to be completed and mailed to: Guilford Soil & Water Conservation
District, 3309 Burlington Road, Greensboro, NC 27405. For questions call 375 -5401, extension 3.
After your application is approved by the Voluntary Agricultural District Advisory Board and the
County Commissioners, you will be notified when you need to sign the Conservation Agreement and
the Notice of Participation. Samples of these two documents are included with this application on
Page 1.
After the documents are signed by the landowner(s), the new Agricultural District farm will be
identified on a county map and the Notice of Participation will be recorded with the Guilford County
Register of Deeds.
Application for Participation In
The Guilford County
Voluntary Agricultural District
(Chapter 15, Article III - Guilford County Code
and N.C.G.S. 106 -735 et M.)
A. APPLICANT INFORMATION
Name
Full Address:
Phone: (day) (evening)
B. PROPERTY INFORMATION
Owner (s):
STREET ADDRESS TAX MAP / PARCEL # ACRES USDA FARM # / TRACT #
(ex: 7000 -7500 Main St.) (ex: 01-2345-61001) (ex: 10 0) (ex: 1234 / T -1234)
(For additional tracts, use back of this form)
Signature of Owners /Applicants:
Date:
Date:
Mail to: Guilford Soil & Water Conservation District
Attention: Voluntary Agricultural Districts
3309 Burlington Road
Greensboro, NC 27405 -7605
2
Please list additional tracts:
STREET ADDRESS TAX MAP / PARCEL # ACRES USDA FARM # / TRACT #
(ex: 7000 -7500 Main St) (ex: 01-2345-61001) (ex: 10 0) (ex: 1234 / T -1234)
(Revised 10/31/01)
3
�y
o b
Applicant Name
Address ____
GUILFORD COUNTY
AGRICULTURAL DISTRICTS' ADVISORY BOARD
Staff Checklist
NATURAL RESOURCES I Date:
CONSERVATION SERVICE Reviewed by:
A. At least 2/3 of the land in the submitted farm is composed of soils that:
1. Are best suited for food, fiber, forage, timber & oil seed crops.
Yes No
2. Have good soil qualities: Yes No
3. Favorable for all major crops grown in County: Yes No
4. Have a favorable growing season: Yes No
5. Receive the available moisture needed to produce high yields, (8 out of 10 years):
Yes No
B. or at least 2/3 of the land has been actively used in agricultural, horticultural, or forestry operations
during each of the past 5 years according to G.S. 105 -277.2 (1, 2, and 3):
Yes No
C. 1. Highly Erodible Land (HEL) exists on the farm: Yes No
2. Is managed (if HEL) in accordance with NRCS erosion control practices:
Yes _ No
GUILFORD COUNTY Date:
TAX DEPARTMENT Reviewed by:
A. Is participating in the Farm Present -Use Value taxation program established by G.S. 105 -277.2
through G.S. 105- 277.7. Yes No
B. or Is otherwise determined by the county to meet all the qualifications of this program as set forth
in G.S. 105- 277.3. Yes No
Approval:
Voluntary Agricultural District Advisory Board Chairman
Y
APPLICATION PROCEDURE
1. Application completed and sent to Guilford Soil and Water
Conservation District (SWCD).
2. Checklist attached and NRCS reviews.
3. Send to Guilford County Tax Department.
4. Tax Department reviews and sends to SWCD District Secretary.
5. SWCD District Secretary sends Application to Agricultural
Districts Advisory Board (ADAB).
6. ADAB approves and sends to the Guilford County Board of
Commissioners for approval.
7. Board of Commissioners approves Voluntary Agricultural
District (VAD).
8. The Chairman of the Board of Commissioners signs the
Conservation Agreement and sends it back to the SWCD District
Secretary.
9. The SWCD Secretary sends the letter to the new VAD applicant.
10. VAD applicant comes to the SWCD Office; signs the
Conservation Agreement and the Notice of Participation and
picks up mailbox sign.
11. The SWCD Secretary sends copy of Application, Conservation
Agreement and the Notice of Participation to the County
Planning Department.
12. The Planning Department will map and register the VAD with the
Register of Deeds.
13. The SWCD Secretary maintains all original documents for the
VAD Board.
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Informational
Material
Agricultural, Preservation
September, 17, 2003
96
W
s American cities continue to grow,
most sprawl out over some of the na-
tion's best farmland. Established
where fertile land met transportation
routes, such as rivers and train lines,
cities like Atlanta, Chicago and Los
Angeles today include seemingly end-
less housing and cominercial subdivi-
sions linked by labyrinthian bighway
networks —witli scarcely a productive
green acre un sight.
Contrast those megalopolises to a
new breed of city headed by progres-
sive planners and residents who view
growth as an opportunity to preserve
nearby farms and the scenic open
space, riparian and wildlife habitat,
and, most important, the local food
they provide. According to studies by
American Farmhand Trust, 86 percent
of the nation's fruits and vegetables are
grown on the edge of urban areas.
Communities in every region of the
coumtry are beginning to take progres-
sive steps toward planning a future for
agriculture. Guidance and technical as-
sistance from American Farmland
Trust is helping these communities de-
velop plans for agriculture to ensure
that agriculture is economically viable
and environmentally sustainable.
Planning Ahead,
Planning for Agriculture
1 4 A M E R I C A N F A R M L A N D S U M M E R 2 0 0 3
t3 J
"People tend to think farms are not need-
ed in urban areas, so they ignore them until
it is too late, relying on the idea that farms
elsewhere are enough," said Don Stuart, di-
rector of AFT's Pacific Northwest Regional
Office. "Without planning, farmlands get so
fragmented in urban areas they are subject to
increasing conflicts from surrounding non -
farmers and are placed under greater pres-
sure" to convert out of agricultural use.
Effective plans include land use policies
and programs to keep land available and af-
fordable for farming, such as purchase of de-
velopment rights (PDR) programs and
agricultural districts. They also include eco-
nomic development tools to make farming
profitable, such as direct marketing, value -
added processing and agri- tourism.
"Planning for agriculture is as important
as planning for development," said Jill
Schwartz, AFT's marketing director. "Effec-
tive plans help make farming economically
viable and environmentally sustainable. And
when that happens, communities benefit
from the multiple values of farming jobs for
local residents, wildlife habitat, scenic vistas
and community character."
Vibrant farms located on the urban
edge can infuse local economies with new
life. Thriving farmers' markets, bustling
farmstands and popular tourism opportuni-
ties such as autumn pumpkin harvest festi-
vals can circulate new dollars in a
community and link non - farmers with local
sources of food.
"When counties think about planning,
they often take a map of the county and start
restricting different land uses" said Gerry
Cohn, director of AFT's Southeast Regional
Office. "When we look at the word `plan-
ning' in broader sense, we need to think
about a vision for the future that includes
agricultural economic development as well
as land use policies."
Farmers, he said, need to remain confi-
dent that agriculture will remain a vibrani
industry in a community well into the fix'
ture. "If there's no vision of being profitable
on the farmers' part, there's no reason tc
stay in fanning."
Saratoga County, New York
Saratoga County is a picturesque collection
of upstate New York towns set among horse
farms, dairies and apple orchards. However,
threats to what has been, historically, an agri-
culturally important county stem to the
1960s, when Interstate -87 created a straight
shot to New York City and Montreal.
AMERICAN FARMLAND SUMMER 2003
"When (I -87) was completed in the mid
160s, our little ag county of 80,000 became
home to suburbia," Larry Benton, Saratoga
County planner, said.
Since then, the county has lost 130,000
acres of farmland to development to accom-
modate New York's second - fastest- growing
population. County leaders, however, fully
aware of the $100 million agriculture annual-
ly pumps into the local economy, and recog-
nizing its importance to the county's quality
of life and scenic views, stepped up with a
far - reaching plan that ultimately resulted in a
county- funded -PDR program as well as an
agricultural economic development pro-
gram. To tap into AFT's 22 -plus years of ex-
perience in planning for agriculture, the
county hired AFT to write the plan. AFT
also is helping to implement the plan. For .ex-
ample, after the plan was created, AFT con-
ducted a public opinion poll that showed
that 79 percent of the county's voters favor
PDR. The county supervisors' decision to
earmark $1 million for PDR was influenced
by the poll results.
By 1992 just 13.5 percent of the county
remained in farming; by 2000, the county's
population reached 200,000. "That's the
pressure," Benton said. "Our reaction has
been a county plan calling for preservation of
agriculture and directed growth into the
Northway corridor."
Since the 1970s Saratoga has supported
agricultural districts, which create a host of
protections for farmers, such as favorable tax
assessments and protection from "nuisance"
complaints. Some of the county's 19 towns,
each with the zoning power of home rule,
have exercised their authority to set local
land use policies that preserve farmland and
open space. Several of them are considering
offering PDR funds that allow farmers to vol-
untarily sell their development rights, and
more than a dozen have adopted "right -to-
farm laws" that protect farmers' abilities to
conduct day -to -day agricultural activities.
In the 1970s the county created an agri-
cultural districts advisory panel made up of
business people, county officials and farm-
ers, expanding it under a 1992 state law that
also opened up grants opportunities for for-
mal agricultural and farmland protection
boards. Four years later the panel created an
integrated plan to protect agriculture that
features such recommendations as:
a countywide right -to -farm law;
a county PDR program;
a public education campaign to raise
awareness about the importance of
agriculture in Saratoga;
encouragement to towns to adopt
"farmer - friendly" land use laws, includ-
ing conservation- oriented development
that clusters residential and commer-
cial building; and
innovative economic development
opportunities for farmers.
As an ex- officio member of the farmland
protection board and the architect of the
Plan, AFT served as a resource for Saratoga
15
I, III
I � III
' �X' j - rJ'"i )
r.�•F .• +� �` 4' � �
i�,
III
-�., tN V H •Yi' lL 21. -I ��
r¢' y�y {, �aq.��.�i
��.
Saratoga County, New York
Saratoga County is a picturesque collection
of upstate New York towns set among horse
farms, dairies and apple orchards. However,
threats to what has been, historically, an agri-
culturally important county stem to the
1960s, when Interstate -87 created a straight
shot to New York City and Montreal.
AMERICAN FARMLAND SUMMER 2003
"When (I -87) was completed in the mid
160s, our little ag county of 80,000 became
home to suburbia," Larry Benton, Saratoga
County planner, said.
Since then, the county has lost 130,000
acres of farmland to development to accom-
modate New York's second - fastest- growing
population. County leaders, however, fully
aware of the $100 million agriculture annual-
ly pumps into the local economy, and recog-
nizing its importance to the county's quality
of life and scenic views, stepped up with a
far - reaching plan that ultimately resulted in a
county- funded -PDR program as well as an
agricultural economic development pro-
gram. To tap into AFT's 22 -plus years of ex-
perience in planning for agriculture, the
county hired AFT to write the plan. AFT
also is helping to implement the plan. For .ex-
ample, after the plan was created, AFT con-
ducted a public opinion poll that showed
that 79 percent of the county's voters favor
PDR. The county supervisors' decision to
earmark $1 million for PDR was influenced
by the poll results.
By 1992 just 13.5 percent of the county
remained in farming; by 2000, the county's
population reached 200,000. "That's the
pressure," Benton said. "Our reaction has
been a county plan calling for preservation of
agriculture and directed growth into the
Northway corridor."
Since the 1970s Saratoga has supported
agricultural districts, which create a host of
protections for farmers, such as favorable tax
assessments and protection from "nuisance"
complaints. Some of the county's 19 towns,
each with the zoning power of home rule,
have exercised their authority to set local
land use policies that preserve farmland and
open space. Several of them are considering
offering PDR funds that allow farmers to vol-
untarily sell their development rights, and
more than a dozen have adopted "right -to-
farm laws" that protect farmers' abilities to
conduct day -to -day agricultural activities.
In the 1970s the county created an agri-
cultural districts advisory panel made up of
business people, county officials and farm-
ers, expanding it under a 1992 state law that
also opened up grants opportunities for for-
mal agricultural and farmland protection
boards. Four years later the panel created an
integrated plan to protect agriculture that
features such recommendations as:
a countywide right -to -farm law;
a county PDR program;
a public education campaign to raise
awareness about the importance of
agriculture in Saratoga;
encouragement to towns to adopt
"farmer - friendly" land use laws, includ-
ing conservation- oriented development
that clusters residential and commer-
cial building; and
innovative economic development
opportunities for farmers.
As an ex- officio member of the farmland
protection board and the architect of the
Plan, AFT served as a resource for Saratoga
15
9
sures are rapidly increasing, it is not enough
just to set aside farmland. Thus the general
plan also contains an innovative agricultural
viability program that uses streamlined per-
mitting for ag operations, a strengthened
right -to -farm ordinance and new rules on
clustered rural development to ensure that
protected farmland remains economically
competitive.
"We're a major exporter of different
crops you don't find in the Midwest," Colan-
gelo said. "The crops we grow are very
unique, and we need to make sure the types
of products we grow remain viable :'
The county's efforts are supported by
private groups such as the Monterey County
Agricultural and Historical Land Conser-
vancy, which has protected some 11,000
acres of farmland in the county through con-
servation easements since 1984. The conser-
vancy, formed with encouragement and aid
from AFT, has sought to accept or purchase
easements close to city limits. Facilitating
connected tracts of protected farmland has
prompted such cities as Gonzales and King
County planners and local farmers, who
could contact AFT's Saratoga office for in-
formation about land use policies and devel-
opment issues. AFT also has hosted
numerous farmland protection workshops
in the county over the past 10 years.
"In many ways Saratoga County is a
good example of a county taking action,"
said David Haight, AFT's New York field
manager who, along with other AFT staffers,
has helped county and town leaders with
public education, planning and policy meas-
ures and by facilitating farmland protection
projects.
County officials take the economic devel-
opment component of their plan seriously.
With a neighboring county, Saratoga jointly
hired an agricultural economic development
specialist who promotes agriculture and
forges economic opportunities for farmers.
In past months the specialist has created a
Farmer -to- Restaurant Networking Day to
build direct sales potential; collaborated with
others to plan the county's popular Sundae
on the Farm tourism event, which brings
about 2,000, people to a local dairy farm
every year; helped the Saratoga Farmers
Market Association revamp its marketing ef-
forts; and applied for a grant to help Sarato-
ga farmers better market their products to
New York City restaurants and its popular
GreenMarket farmers' market network.
Salinas Valley, to update its general plan, a
blueprint for future growth that dates back to
the early 1980s. That's OK, according to Jim
Colangelo, the county's assistant executive
officer, because of what's at stake: some of
the most unique farmland in the nation.
Monterey County's, year -round sun-
shine, climate moderated by Pacific breezes
and fertile soil combine to create a prolific
vegetable- producing region with $2.85 billion
in agricultural sales, or 40 percent of the coun-
ty's economy, according to die 1997 Census.
"We're all working toward maintaining
the No. 1 industry in Monterey County, but
we still need to accommodate growth,"
Colangelo said. "Conservation of ag land is
an important issue throughout the county.
People living on the Monterey Peninsula or
in urban areas talk about it as preserving
open space, while people involved in farm-
ing think about the viability of the industry
and keeping it economically competitive:'
County officials and interested residents
are working together to identify Monterey
County's most valuable farmland amid grow-
ing cities like Salinas, Soledad and King City.
The revision of the county's general plan calls
for a formal farmland inventory, based on
standards developed by the USDA's Natural
Resources Conservation Service, and main-
taining "agriculturally designated" areas.
However, in a county where growth pres-
AMERICAN FARMLAND SUMMER 2003
16
VOO
City to grow onto less prime Salinas Valley
farmland, said Sherwood Darington, execu-
tive director of the conservancy.
"We set up a vision and strategy for sav-
ing the best farmland, but we're realists —you
can't save every acre of farmland;' Darington
said. "We recognize that most of the growth
will come from cities as they annex property.
We look at each city and determine which is
the best farmland and try to develop ease-
ments on that land."
The conservancy's efforts are among the
best in the state at combining good planning
with permanently protected farmland, ac-
cording to John McCaull, AFT's California
regional director. Zoning alone, he said, re-
mains a short -term solution dependent upon
the whims of current county leadership. In-
stead, conservation easements lend a sense
of confidence in an agricultural fixture —to
the farmers who donate or sell easements, to
their farming peers who know they are a part
of a farming "bloc" and to non -farm resi-
dents who appreciate the local food and
green space.
"Monterey is the best example in Califor-
nia of how PACE [purchase of agricultural
conservation easement] projects can provide
a greater sense of permanency to land use de-
cisions for communities that are surrounded
by excellent and profitable farmland," Mc-
Caull said. "If we can couple good planning
with a coordinated PACE acquisition strate-
gy and an agricultural viability program, then
we can `lock in' growth patterns and direct
urban growth away from the best land."
The importance of enhancing agricul-
tural viability cannot be overstated, McCaull
emphasized. "There exists a perception that
instead of being rewarded for the benefits
residents and visitors receive from our
working landscapes, farmers and ranchers
are being asked to do more and more with-
out any form of compensation, recognition
or regulatory incentives. Enhancing the eco-
nomic viability of agriculture within Mon-
terey County—and in any farming commu-
nity—will provide another incentive for in-
dividual landowners and operators to con-
tinue and to invest in agriculture."
Pierce County, Washington
An urbanizing county snaking between the
Puget Sound and the Cascade Mountains,
Pierce County produces berries, vegetables
and high -value flower bulbs. But with no
local fruit processing centers and a booming
commercial sector that has gobbled u p f a r m -
l a n d , t h e county's agricultural base is s h r i n k -
A M E R I C A N F A R M L A N D S U M M E R 2 0 0 8
tection, say farmers and growth management
advocates like Dick Carkner, who chairs the
Pierce County Farm Advisory Commission
and views neighboring counties like King as
models of careful planning for the future of
agriculture. Carkner, a fruit and vegetable
farmer who clirect- markets his products to
Tacoma residents, is at the forefront of a bud-
ding movement to stabilize the county's
shrinking agricultural base.
"We wish we were protecting farniland
in a formal process;" Carkner said. "A lot of
the best farmland is already lost to develop-
ment, in particular in the river valleys. We're
well behind the curve, but we're optimistic."
Pierce County is a community at the
cusp of solid land use planning with agricul-
ture as an important element, or so Carkner
and others hope. He points to positive signs
like the county council and county executive
appointing the advisory conunission —and
funding it with a modest annual budget —ap-
proving a new right -to -farm law and hosting
a Farm -City Forum to bring together farm-
land protection advocates from western
Washington. The Pierce County Farm -City
Forum was one of a series AFT launched to
bridge the gap between farmers and their
growing number of non - farming neighbors.
Such events emphasize how an urbanizing
area can benefit from agricultural land pre-
served nearby and the role city residents play
in keeping farming viable.
"We were trying to get policymakers,
farmers and city residents to listen to one an-
other," said Cheryl Oullette, president of the
Pierce County Friends of Fanuly Farmers
and a local hog fanner who attended the
forum. "Farmland loss is a major, major
issue; we need to do something if we want
these fanners to be here next year."
The forum led to the creation of four
task forces charged with working on a variety
of issues that are likely to be at the core of the
county's plan for agriculture, such as creat-
ing a PDR program, developing programs to
help farmers market their products locally
and amending regulations that create barri-
ers to economically viable farming. AFT is
providing technical assistance.
Some farmers have found opportunity
in the challenge of saving farmland. Cark-
ner, who farms just two miles from Tacoma,
has turned his city-side location into an
economic windfall, selling his vegetables
through a community- supported agricul-
ture operation (a shareholder program that
provides "subscriptions" of weekly pro-
duce to residents who "join" the farm) and
city farmers' markets.
"The fanners who are struggling are
those still competing in the wholesale market
as opposed to taking advantage of their prox-
inuty to these consumers," he said. "Farmers
might complain about the traffic, but those
are customers and they buy food. There are
a lot of them."
Oullette's group has been working hard
to generate more local dollars for farmers
17
E
,�`Y •.ice
and to build a better relationship between
urbanites and county farms. They estab-
lished an annual Harvest Fest celebration in
the fall, creating a way for families to meet
farmers growing local food. In 2002 nearly
5,000 residents visited seven local farms.
"Families can learn what's being grown
in the area and learn more about the local
agricultural economy, while the farmer can
take a break and meet his public," she said.
"We're trying to get people to buy local
rather than buying from California or Chile."
County leaders seem supportive of sav-
ing both the industry and the land upon
which it depends. The farmland advisory
commission advises the county council on
ag policy issues and has over the past few
years argued successfully for a host of pro-
tection measures, such as working with the
local conservation district to support a con-
servation assessment (a per parcel tax) that
would raise funds for farmland protection
and habitat protection; planning to hire a
full-time county farm planner; creating a
matching fund for a PDR program; and or-
ganizing ag summits of western Washington
farmland advisory groups.
"This is an awakening in the county,"
Carkner said. "If we pass the conservation
assessment, we might consider a tax to fund
PDR, which will launch the visibility of local
agriculture to a new level."
18
Carroll County, Georgia
Home to more than 700 farms, Carroll
County supports more agricultural opera-
tions than any other county in the state. Its
strong beef cattle industry drives a $77 mil -
lion -a -year agricultural economy.made up of
a committed farm populace.
In 2001 a group of those farmers ap-
proached the Rolling Hills Resource Con-
servation and Development (RC &D)
council to ask about farmland protection
measures. The county, located just 50 miles
from Atlanta, is experiencing considerable
population growth: 27 percent between
1980 and 1990 and 22 percent in the fol-
lowing decade. New building permits fol-
lowed apace, much of that accelerated by
highways that lead directly to Atlanta.
The concerned farmers helped trigger a
movement to better plan for the future of
Carroll County agriculture. Leaders from the
farming community, agribusiness, local offi-
cials and representatives from AFT gathered
in a "stakeholders" meeting to establish con-
sensus on farmland preservation measures.
"Because of our proximity to Atlanta,
this is a perfect place for people who want to
live in the suburbs and drive into town for
work," said Cindy Haygood, Rolling Hills
RC &D coordinator and an employee of the
USDA Natural Resources Conservation Ser-
vice. Adding to the development pressure is
Carroll County's wealth of flat, prime land
that is easy to build on.
The new group, the Farmland and Rural
Preservation Partnership, set goals, includ-
ing better public education about the impor-
tance of local agriculture, more economic
opportunities for farmers, minimum lot sizes
in rural areas, a voluntary transfer of devel-
I01
opment rights program, agricultural districts
and stronger right -to -farm laws, and present-
ed them to the county's board of commis-
sioners. New ideas borne out of an intensive
two -day farmland protection workshop in
the spring of 2003 that several members of
the partnership attended also are being con-
sidered. The workshop— coordinated by
AFT, the Association County Commission-
ers of Georgia and the Georgia Agribusiness
Council— included discussions about the
nation's most successful plans for agriculture
and provided participants with a chance to
share ideas about which techniques will
work best in Georgia.
The board remains interested in the
issue and willing to consider farmland pro-
tection measures as part of a county process
to update its comprehensive land use plan.
Robert Barr, commission chairman, consid-
ers perpetuating agriculture a real priority in
the community. "It's an industry —not just
part of the heritage," Barr said. "There's a
quality of life issue, but more than that, the
industry of agriculture itself in Carroll Coun-
ty is really large:'
Another measure on the table is a county
PDR program, possibly to be funded by a
voter - approved one -cent sales tax. A planned
November 2003 referendum could fund
open space retention, and some slice of that
revenue, if approved, could go toward PDR,
Barr said. AFT is providing guidance on
how to fund and structure the program.
AFT also is working with the group and
county officials on county land use plan revi-
sions. Cohn said the strength of the farmland
partnership lies in its diversity. "The diverse
representation can look at the complete
farmland protection picture," he said. "They
are determined to find ways to help farmers
make a living farming:'
To date, the partnership has helped bring
a farmers' market to Carroll County, with help
from a federal grant. The first season, Hay -
good said, was a roaring success, with a "fair
atmosphere" and plenty of spin -off business
for Carollton stores and restaurants.
The farmers' market is a prime educa-
tional tool to inform the non- farming.public
about the county's agricultural resources,
Barr said. Agriculture "preserves the one
thing that draws people to Carroll County—
its rural nature." ■
Valerie Berton is a communications spe-
cialist with USDA's sustainable agriculture
program and a freelance writer based in
Takoma Park, Maryland.
AMERICAN FARMLAND SUMMER 1003