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Source: NCSU COOPERATIVE EXTENSION, 1/21/22 The Voluntary Agricultural District State Working Group has
reviewed and released a new model ordinance. This model ordinance incorporates
the basics of VAD enrollment and board management, and incorporates recent
changes in the VAD authorizing statute made by the General Assembly in the Farm Act of 2021 (SL 2021-78).Specifically, the new ordinance language synchs up with the new requirement that qualifying farmland be in use eligible for the Bona Fide Farm zoning exemption under N.C.G.S. 160D-903. The template also clarifies the extension of the 'half-mile’ neighbor notification buffer from an enrolled parcel’s boundary line (instead of a vague starting point). Most importantly, the template corrects a technical problem whereby the VAD Board may now enroll districts by delegation of authority, which alleviates the need to have each new enrolled parcel approved by the County Commissioners. Regarding the confusion over what geographically constitutes an “agricultural district” (e.g. one farm or multiple farms), the model ordinance offers the following suggestion:
- When initially established, the District shall
contain a minimum of twenty-five (25) contiguous
acres of qualified farmland, OR, two or more qualified farms that,
together, contain a minimum of twenty-five (25) acres and are located
within a mile of each other.
- Landowner(s) requesting inclusion in the VAD shall
execute a conservation agreement with the county to sustain agriculture in
the VAD in accordance with Article VII of this ordinance. Said agreement
shall be in a form which is reviewed and approved by the Advisory Board.
The 25
acre figure is suggestive, and there is no statutory minimum, and the Farm Act
update confirms county flexibility in designing VAD parameters. This acreage
minimum easily allows a single parcel to qualify as a VAD. Here is a link to the 2022 Model Voluntary Agricultural District Ordinance. The Voluntary Agricultural District State Working Group is
comprised of representatives from NCDA&CS, N.C. Cooperative Extension, NC
Farm Bureau Federation, NC Department of Transportation, and others.
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