§ 14-126. Generally.

(a)

Generally. The protection of the county's best agricultural land in a manner that directs and accommodates growth and development is a high priority to the residents of the county. To this end the county establishes the following goals:

(1)

To protect and conserve those soils in the 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 county economy. Nontraditional farms will also be promoted.

These program guidelines contain policies and procedures for administering a farmland protection program that includes the acquisition of conservation easements.

(b)

Duties and responsibilities of the Durham Farmland Protection Advisory Board. The farmland protection advisory board (hereinafter referred to as the farmland board) as organized and empowered pursuant to the Durham County Voluntary Farmland Protection Ordinance shall administer this farmland protection program. The farmland board, with guidance from the county attorney and county staff, shall act on behalf of the county in administering this farmland protection program. The farmland board shall review properties proposed for purchasing or donations of agricultural conservation easements, work with county commissioners on funding options, and acts necessary for the implementation of this program. The farmland board shall administer this program within the financial resources provided by the BOCC and outside funding resources. The farmland board will make recommendations to the BOCC regarding the purchase of conservation easements, and acceptance of donated conservation easements. The BOCC will be the final decision-maker regarding the purchase of conservation easements, and accepting the donation of conservation easements.

(c)

Definition of conservation easements. For purposes of this program, conservation easements are defined as: "All right, title, and interest in the use of land for any and all purposes which are not directly and customarily incidental to agricultural or open space uses."

(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, trees, 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 space. 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 watercourses.

(Ord. No. 7-12-99, § I; Ord. of 5-27-03)