§ 14-90. Application and certification of qualifying and voluntary agricultural district.

(a)

Requirements.

(1)

To secure county certification as qualifying farmland, a farm must:

a.

Be 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 or its agent to meet all the qualifications of this program set forth in G.S. 105-277.3;

b.

Be certified by the Durham Soil and Water District as being a farm on which at least two-thirds of the land is composed of soils that:

1.

Are best suited for providing food, seed, fiber, forage, timber 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; or be one on which at least two-thirds of the land has been used in agricultural, horticultural or forestry operations as defined in G.S. 105-277.2 (1—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.

Be managed, if highly erodible land exists on the farm in accordance with the Durham Soil and Water Districts defined erosion-control practices that are addressed to such highly erodible land;

d.

Be the subject of a conservation agreement, as defined in 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, or one per 20 acres, that meet applicable county zoning and subdivision regulations.

(2)

Reserved.

(b)

Voluntary agriculture districts. To be included in a voluntary agricultural district, a landowner may apply to the chairman for such inclusion at the same time he applies for qualifying farmland certification, or at any time subsequent to receiving qualifying farmland certification.

(1)

The purpose of voluntary agricultural districts shall be to encourage the economic and financial health of farming areas, to increase protection from nuisance suits, undesired non-farm development and other negative impacts on participating farms and to increase the identity and pride in the agricultural community and its way of life.

(2)

Requirements to participate:

a.

To qualify to become a participating farm in an agricultural district a farm shall comply with G.S. 106-738.

b.

Any additional criteria adopted by the farmland board regarding farming activities.

(3)

Landowners may apply to participate in existing districts and are encouraged to do so.

(c)

Procedure.

(1)

To secure certification as a qualifying farm, and if so desired by the applicant, a landowner may apply to the farmland board. Application forms may be obtained from the farmland board members or the local soil and water conservation district office.

(2)

Upon receipt of an application, the soil and water conservation district staff will process the application with copies forwarded as follows:

a.

Local tax assessor office.

b.

Local office of the NRCS.

(3)

Within 60 days of receipt of the application from the local tax assessor and NRCS office, the farmland board will meet and render a decision regarding the application. The soil and water conservation staff will notify the applicant by mail if the real property for which certification is sought satisfies the criteria established in section 14-89 and if the land has been certified as qualifying farmland, and also as a member of a VAD, if application was so sought.

(4)

The soil and water district staff will notify the tax supervisor of any new participating VAD farms approved by the farmland board.

(d)

[Administration of program.] The soil and water district staff will administer the program and will ensure that the VADs and participating farms are marked on county maps displayed for public view in the following county offices:

(1)

Registrar of deeds.

(2)

Code enforcement.

(3)

Tax supervisor.

(4)

Soil and water conservation district.

(5)

Cooperative extension.

(6)

Any other office deemed necessary by the farmland board; i.e. FSA, city/county planning department, etc.

(e)

[Action to encourage the formation of voluntary agricultural districts.] The county may take such action as it deems appropriate through the farmland board or other body or individual to encourage the promotion of VADs and to further their purposes and objectives, including, at a minimum a public information program to reasonably inform landowners of the farmland protection program.

(Ord. of 5-13-96, § A-5; Ord. of 5-27-03)