North Carolina § 106-737 - Qualifying farmland.

§ 106-737. Qualifying farmland.

In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real property that: Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903. Repealed by Session Laws 2005-390, s. 11 effective September 13, 2005. Is managed in accordance with the Soil Conservation Service defined erosion control practices that are addressed to highly erodable land; and Is the subject of a conservation agreement, as defined in G.S. 121-35, between the local government administering the voluntary agricultural district program 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 and municipal zoning and subdivision regulations. The form of the conservation agreement shall be approved by the agricultural advisory board created under G.S. 106-739. History (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 11; 2011-219, s. 1; 2021-78, s. 1.) Editor's Note. - Session Laws 2005-390, s. 3, recodified G.S. 106-737 through 106-743 as Part 2 of Article 61 of Chapter 106 . Session Laws 2021-78, s. 14(a), is a severability clause. Effect of Amendments. - Session Laws 2005-390, s. 11, effective September 13, 2005, in the introductory paragraph, inserted "for inclusion in a voluntary agricultural district or and enhanced voluntary agricultural district" and "Part 1 or Part 2 of"; and repealed former subdivision (2) which related to farm soil composition. Session Laws 2011-219, s. 1, effective June 23, 2011, rewrote subdivision (1), which formerly read: "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 "; and inserted "and municipal" in subdivision (4). Session Laws 2021-78, s. 1, effective July 2, 2021, rewrote subdivision (1); and in subdivision (4), substituted "local government administering the voluntary agricultural district program” for "county”, and added the last sentence.