§ 106‑744. Purchase ofagricultural conservation easements; establishment of North CarolinaAgricultural Development and Farmland Preservation Trust Fund and AdvisoryCommittee.
(a) A county may, withthe voluntary consent of landowners, acquire by purchase agriculturalconservation easements over qualifying farmland as defined by G.S. 106‑737.
(b) For purposes ofthis section, "agricultural conservation easement" means a negativeeasement in gross restricting residential, commercial, and industrialdevelopment of land for the purpose of maintaining its agricultural productioncapability. Such easement:
(1) May permit thecreation of not more than three lots that meet applicable county zoning andsubdivision regulations;
(1a) May permitagricultural uses as necessary to promote agricultural development associatedwith the family farm; and
(2) Shall be perpetualin duration, provided that, at least 20 years after the purchase of aneasement, a county may agree to reconvey the easement to the owner of the landfor consideration, if the landowner can demonstrate to the satisfaction of thecounty that commercial agriculture is no longer practicable on the land inquestion.
(c) There isestablished a "North Carolina Agricultural Development and FarmlandPreservation Trust Fund" to be administered by the Commissioner ofAgriculture. The Trust Fund shall consist of all monies received for thepurpose of purchasing agricultural conservation easements or funding programsthat promote the development and sustainability of farming and assist in thetransition of existing farms to new farm families, or monies transferred fromcounties or private sources. The Trust Fund shall be invested as provided inG.S. 147‑69.2 and G.S. 147‑69.3. The Commissioner shall use TrustFund monies for any of the following purposes:
(1) For the purchase ofagricultural conservation easements, including transaction costs.
(2) For the costs ofpublic and private enterprise programs that will promote profitable andsustainable family farms through assistance to farmers in developing andimplementing plans for the production of food, fiber, and value‑addedproducts, agritourism activities, marketing and sales of agricultural productsproduced on the farm, and other agriculturally related business activities.
(3) To fund conservationagreements to bring into or maintain farmland in active production of food,fiber, and other agricultural products.
(4) For the costs ofadministering the program under this Article, including the cost of staff andstaff support.
(c1) The Commissionershall distribute Trust Fund monies for only the purposes under subsection (c)of this section, including transaction costs, as follows:
(1) To a privatenonprofit conservation organization that matches thirty percent (30%) of theTrust Fund monies it receives with funds from sources other than the TrustFund.
(2) To countiesaccording to the match requirements under subsection (c2) of this section.
(c2) A county that is adevelopment tier two or three county, as these tiers are defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall match fifteenpercent (15%) of the Trust Fund monies it receives with county funds. A countythat has not prepared a countywide farmland protection plan shall match thirtypercent (30%) of the Trust Fund monies it receives with county funds. A countythat is a development tier one county, as defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall not berequired to match any of the Trust Fund monies it receives with county funds.
(c3) The Commissioner ofAgriculture shall adopt rules governing the use, distribution, investment, andmanagement of Trust Fund monies.
(d) This section shallapply to agricultural conservation easements falling within its terms. Thissection shall not be construed to make unenforceable any restriction, easement,covenant, or condition that does not comply with the requirements of thissection.
This section shall not beconstrued to invalidate any farmland preservation program.
This section shall not beconstrued to diminish the powers of any public entity, agency, orinstrumentality to acquire by purchase, gift, devise, inheritance, eminentdomain, or otherwise and to use property of any kind for public purposes.
This section shall not beconstrued to authorize any public entity, agency, or instrumentality to acquireby eminent domain an agricultural conservation easement.
(e) As used insubsection (c2) of this section, a countywide farmland protection plan means aplan that satisfies all of the following requirements:
(1) The countywidefarmland protection plan shall contain a list and description of existingagricultural activity in the county.
(2) The countywidefarmland protection plan shall contain a list of existing challenges tocontinued family farming in the county.
(3) The countywidefarmland protection plan shall contain a list of opportunities for maintainingor enhancing small, family‑owned farms and the local agriculturaleconomy.
(4) The countywidefarmland protection plan shall describe how the county plans to maintain aviable agricultural community and shall address farmland preservation tools,such as agricultural economic development, including farm diversification andmarketing assistance; other kinds of agricultural technical assistance, such asfarm infrastructure financing, farmland purchasing, linking with youngerfarmers, and estate planning; the desirability and feasibility of donatingagricultural conservation easements, and entering into voluntary agriculturaldistricts.
(5) The countywidefarmland protection plan shall contain a schedule for implementing the plan andan identification of possible funding sources for the long‑term supportof the plan.
(f) A countywidefarmland protection plan that meets the requirements of subsection (e) of thissection may be formulated with the assistance of an agricultural advisory boarddesignated pursuant to G.S. 106‑739.
(g) There is establishedthe Agricultural Development and Farmland Preservation Trust Fund AdvisoryCommittee. The Advisory Committee shall be administratively located within theDepartment of Agriculture and Consumer Services and shall advise theCommissioner on the prioritization and allocation of funds, the development ofcriteria for awarding funds, program planning, and other areas where moniesfrom the Trust Fund can be used to promote the growth and development of familyfarms in North Carolina. The Advisory Committee shall be composed of 19 membersas follows:
(1) The Commissioner ofAgriculture or the Commissioner's designee, who shall serve as the Chair of theAdvisory Committee.
(2) The Secretary ofCommerce or the Secretary's designee.
(3) The Secretary ofEnvironment and Natural Resources or the Secretary's designee.
(4) Three practicingfarmers, one appointed by the Governor, one appointed by the President ProTempore of the Senate, and one appointed by the Speaker of the House ofRepresentatives.
(5) The Dean of the Collegeof Agriculture and Life Sciences at North Carolina State University or theDean's designee.
(6) The Dean of theSchool of Agriculture and Environmental Sciences at North Carolina Agriculturaland Technical State University or the Dean's designee.
(7) The ExecutiveDirector of the North Carolina Rural Economic Development Center, Inc., or theExecutive Director's designee.
(8) The ExecutiveDirector of the Conservation Trust for North Carolina or the ExecutiveDirector's designee.
(9) The Executive Directorof the North Carolina Farm Transition Network or the Executive Director'sdesignee.
(10) The President of theNorth Carolina Association of Soil and Water Conservation Districts or thePresident's designee.
(11) The ExecutiveDirector of the Rural Advancement Foundation International USA or theExecutive Director's designee.
(12) The ExecutiveDirector of the North Carolina Agribusiness Council or the Executive Director'sdesignee.
(13) The President of theNorth Carolina State Grange or the President's designee.
(14) The President of theNorth Carolina Farm Bureau Federation, Inc., or the President's designee.
(15) The President of theNorth Carolina Black Farmers and Agriculturalists Association or thePresident's designee.
(16) The President of theNorth Carolina Forestry Association or the President's designee.
(17) The ExecutiveDirector of the North Carolina Association of County Commissioners or theExecutive Director's designee.
(h) The AdvisoryCommittee shall meet at least quarterly. The Department of Agriculture andConsumer Services shall provide the Advisory Committee with administrative andsecretarial staff. Members of the Advisory Committee shall be entitled to perdiem pursuant to G.S. 138‑5 or G.S. 138‑6, as appropriate. TheAdvisory Committee shall make recommendations to the Commissioner on thedistribution of monies from the Trust Fund at least annually. The Commissionershall take the recommendations of the Advisory Committee into consideration inmaking decisions on the distribution of monies from the Trust Fund.
(i) The AdvisoryCommittee shall report no later than October 1 of each year to the JointLegislative Commission on Governmental Operations, the Environmental ReviewCommission, and the House of Representatives and Senate AppropriationsSubcommittees on Natural and Economic Resources regarding the activities of theAdvisory Committee, the agriculture easements purchased, and agriculturalprojects funded during the previous year. (1991, c. 734, s. 1; 2000‑171, ss. 1, 2; 2005‑390,ss. 4, 17; 2006‑252, s. 2.12; 2007‑495, s. 23; 2009‑303, ss.1, 2, 3; 2009‑484, s. 12.)
§ 106‑744. Purchase ofagricultural conservation easements; establishment of North CarolinaAgricultural Development and Farmland Preservation Trust Fund and AdvisoryCommittee.
(a) A county may, withthe voluntary consent of landowners, acquire by purchase agriculturalconservation easements over qualifying farmland as defined by G.S. 106‑737.
(b) For purposes ofthis section, "agricultural conservation easement" means a negativeeasement in gross restricting residential, commercial, and industrialdevelopment of land for the purpose of maintaining its agricultural productioncapability. Such easement:
(1) May permit thecreation of not more than three lots that meet applicable county zoning andsubdivision regulations;
(1a) May permitagricultural uses as necessary to promote agricultural development associatedwith the family farm; and
(2) Shall be perpetualin duration, provided that, at least 20 years after the purchase of aneasement, a county may agree to reconvey the easement to the owner of the landfor consideration, if the landowner can demonstrate to the satisfaction of thecounty that commercial agriculture is no longer practicable on the land inquestion.
(c) There isestablished a "North Carolina Agricultural Development and FarmlandPreservation Trust Fund" to be administered by the Commissioner ofAgriculture. The Trust Fund shall consist of all monies received for thepurpose of purchasing agricultural conservation easements or funding programsthat promote the development and sustainability of farming and assist in thetransition of existing farms to new farm families, or monies transferred fromcounties or private sources. The Trust Fund shall be invested as provided inG.S. 147‑69.2 and G.S. 147‑69.3. The Commissioner shall use TrustFund monies for any of the following purposes:
(1) For the purchase ofagricultural conservation easements, including transaction costs.
(2) For the costs ofpublic and private enterprise programs that will promote profitable andsustainable family farms through assistance to farmers in developing andimplementing plans for the production of food, fiber, and value‑addedproducts, agritourism activities, marketing and sales of agricultural productsproduced on the farm, and other agriculturally related business activities.
(3) To fund conservationagreements to bring into or maintain farmland in active production of food,fiber, and other agricultural products.
(4) For the costs ofadministering the program under this Article, including the cost of staff andstaff support.
(c1) The Commissionershall distribute Trust Fund monies for only the purposes under subsection (c)of this section, including transaction costs, as follows:
(1) To a privatenonprofit conservation organization that matches thirty percent (30%) of theTrust Fund monies it receives with funds from sources other than the TrustFund.
(2) To countiesaccording to the match requirements under subsection (c2) of this section.
(c2) A county that is adevelopment tier two or three county, as these tiers are defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall match fifteenpercent (15%) of the Trust Fund monies it receives with county funds. A countythat has not prepared a countywide farmland protection plan shall match thirtypercent (30%) of the Trust Fund monies it receives with county funds. A countythat is a development tier one county, as defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall not berequired to match any of the Trust Fund monies it receives with county funds.
(c3) The Commissioner ofAgriculture shall adopt rules governing the use, distribution, investment, andmanagement of Trust Fund monies.
(d) This section shallapply to agricultural conservation easements falling within its terms. Thissection shall not be construed to make unenforceable any restriction, easement,covenant, or condition that does not comply with the requirements of thissection.
This section shall not beconstrued to invalidate any farmland preservation program.
This section shall not beconstrued to diminish the powers of any public entity, agency, orinstrumentality to acquire by purchase, gift, devise, inheritance, eminentdomain, or otherwise and to use property of any kind for public purposes.
This section shall not beconstrued to authorize any public entity, agency, or instrumentality to acquireby eminent domain an agricultural conservation easement.
(e) As used insubsection (c2) of this section, a countywide farmland protection plan means aplan that satisfies all of the following requirements:
(1) The countywidefarmland protection plan shall contain a list and description of existingagricultural activity in the county.
(2) The countywidefarmland protection plan shall contain a list of existing challenges tocontinued family farming in the county.
(3) The countywidefarmland protection plan shall contain a list of opportunities for maintainingor enhancing small, family‑owned farms and the local agriculturaleconomy.
(4) The countywidefarmland protection plan shall describe how the county plans to maintain aviable agricultural community and shall address farmland preservation tools,such as agricultural economic development, including farm diversification andmarketing assistance; other kinds of agricultural technical assistance, such asfarm infrastructure financing, farmland purchasing, linking with youngerfarmers, and estate planning; the desirability and feasibility of donatingagricultural conservation easements, and entering into voluntary agriculturaldistricts.
(5) The countywidefarmland protection plan shall contain a schedule for implementing the plan andan identification of possible funding sources for the long‑term supportof the plan.
(f) A countywidefarmland protection plan that meets the requirements of subsection (e) of thissection may be formulated with the assistance of an agricultural advisory boarddesignated pursuant to G.S. 106‑739.
(g) There is establishedthe Agricultural Development and Farmland Preservation Trust Fund AdvisoryCommittee. The Advisory Committee shall be administratively located within theDepartment of Agriculture and Consumer Services and shall advise theCommissioner on the prioritization and allocation of funds, the development ofcriteria for awarding funds, program planning, and other areas where moniesfrom the Trust Fund can be used to promote the growth and development of familyfarms in North Carolina. The Advisory Committee shall be composed of 19 membersas follows:
(1) The Commissioner ofAgriculture or the Commissioner's designee, who shall serve as the Chair of theAdvisory Committee.
(2) The Secretary ofCommerce or the Secretary's designee.
(3) The Secretary ofEnvironment and Natural Resources or the Secretary's designee.
(4) Three practicingfarmers, one appointed by the Governor, one appointed by the President ProTempore of the Senate, and one appointed by the Speaker of the House ofRepresentatives.
(5) The Dean of the Collegeof Agriculture and Life Sciences at North Carolina State University or theDean's designee.
(6) The Dean of theSchool of Agriculture and Environmental Sciences at North Carolina Agriculturaland Technical State University or the Dean's designee.
(7) The ExecutiveDirector of the North Carolina Rural Economic Development Center, Inc., or theExecutive Director's designee.
(8) The ExecutiveDirector of the Conservation Trust for North Carolina or the ExecutiveDirector's designee.
(9) The Executive Directorof the North Carolina Farm Transition Network or the Executive Director'sdesignee.
(10) The President of theNorth Carolina Association of Soil and Water Conservation Districts or thePresident's designee.
(11) The ExecutiveDirector of the Rural Advancement Foundation International USA or theExecutive Director's designee.
(12) The ExecutiveDirector of the North Carolina Agribusiness Council or the Executive Director'sdesignee.
(13) The President of theNorth Carolina State Grange or the President's designee.
(14) The President of theNorth Carolina Farm Bureau Federation, Inc., or the President's designee.
(15) The President of theNorth Carolina Black Farmers and Agriculturalists Association or thePresident's designee.
(16) The President of theNorth Carolina Forestry Association or the President's designee.
(17) The ExecutiveDirector of the North Carolina Association of County Commissioners or theExecutive Director's designee.
(h) The AdvisoryCommittee shall meet at least quarterly. The Department of Agriculture andConsumer Services shall provide the Advisory Committee with administrative andsecretarial staff. Members of the Advisory Committee shall be entitled to perdiem pursuant to G.S. 138‑5 or G.S. 138‑6, as appropriate. TheAdvisory Committee shall make recommendations to the Commissioner on thedistribution of monies from the Trust Fund at least annually. The Commissionershall take the recommendations of the Advisory Committee into consideration inmaking decisions on the distribution of monies from the Trust Fund.
(i) The AdvisoryCommittee shall report no later than October 1 of each year to the JointLegislative Commission on Governmental Operations, the Environmental ReviewCommission, and the House of Representatives and Senate AppropriationsSubcommittees on Natural and Economic Resources regarding the activities of theAdvisory Committee, the agriculture easements purchased, and agriculturalprojects funded during the previous year. (1991, c. 734, s. 1; 2000‑171, ss. 1, 2; 2005‑390,ss. 4, 17; 2006‑252, s. 2.12; 2007‑495, s. 23; 2009‑303, ss.1, 2, 3; 2009‑484, s. 12.)
§ 106‑744. Purchase ofagricultural conservation easements; establishment of North CarolinaAgricultural Development and Farmland Preservation Trust Fund and AdvisoryCommittee.
(a) A county may, withthe voluntary consent of landowners, acquire by purchase agriculturalconservation easements over qualifying farmland as defined by G.S. 106‑737.
(b) For purposes ofthis section, "agricultural conservation easement" means a negativeeasement in gross restricting residential, commercial, and industrialdevelopment of land for the purpose of maintaining its agricultural productioncapability. Such easement:
(1) May permit thecreation of not more than three lots that meet applicable county zoning andsubdivision regulations;
(1a) May permitagricultural uses as necessary to promote agricultural development associatedwith the family farm; and
(2) Shall be perpetualin duration, provided that, at least 20 years after the purchase of aneasement, a county may agree to reconvey the easement to the owner of the landfor consideration, if the landowner can demonstrate to the satisfaction of thecounty that commercial agriculture is no longer practicable on the land inquestion.
(c) There isestablished a "North Carolina Agricultural Development and FarmlandPreservation Trust Fund" to be administered by the Commissioner ofAgriculture. The Trust Fund shall consist of all monies received for thepurpose of purchasing agricultural conservation easements or funding programsthat promote the development and sustainability of farming and assist in thetransition of existing farms to new farm families, or monies transferred fromcounties or private sources. The Trust Fund shall be invested as provided inG.S. 147‑69.2 and G.S. 147‑69.3. The Commissioner shall use TrustFund monies for any of the following purposes:
(1) For the purchase ofagricultural conservation easements, including transaction costs.
(2) For the costs ofpublic and private enterprise programs that will promote profitable andsustainable family farms through assistance to farmers in developing andimplementing plans for the production of food, fiber, and value‑addedproducts, agritourism activities, marketing and sales of agricultural productsproduced on the farm, and other agriculturally related business activities.
(3) To fund conservationagreements to bring into or maintain farmland in active production of food,fiber, and other agricultural products.
(4) For the costs ofadministering the program under this Article, including the cost of staff andstaff support.
(c1) The Commissionershall distribute Trust Fund monies for only the purposes under subsection (c)of this section, including transaction costs, as follows:
(1) To a privatenonprofit conservation organization that matches thirty percent (30%) of theTrust Fund monies it receives with funds from sources other than the TrustFund.
(2) To countiesaccording to the match requirements under subsection (c2) of this section.
(c2) A county that is adevelopment tier two or three county, as these tiers are defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall match fifteenpercent (15%) of the Trust Fund monies it receives with county funds. A countythat has not prepared a countywide farmland protection plan shall match thirtypercent (30%) of the Trust Fund monies it receives with county funds. A countythat is a development tier one county, as defined in G.S. 143B‑437.08,and that has prepared a countywide farmland protection plan shall not berequired to match any of the Trust Fund monies it receives with county funds.
(c3) The Commissioner ofAgriculture shall adopt rules governing the use, distribution, investment, andmanagement of Trust Fund monies.
(d) This section shallapply to agricultural conservation easements falling within its terms. Thissection shall not be construed to make unenforceable any restriction, easement,covenant, or condition that does not comply with the requirements of thissection.
This section shall not beconstrued to invalidate any farmland preservation program.
This section shall not beconstrued to diminish the powers of any public entity, agency, orinstrumentality to acquire by purchase, gift, devise, inheritance, eminentdomain, or otherwise and to use property of any kind for public purposes.
This section shall not beconstrued to authorize any public entity, agency, or instrumentality to acquireby eminent domain an agricultural conservation easement.
(e) As used insubsection (c2) of this section, a countywide farmland protection plan means aplan that satisfies all of the following requirements:
(1) The countywidefarmland protection plan shall contain a list and description of existingagricultural activity in the county.
(2) The countywidefarmland protection plan shall contain a list of existing challenges tocontinued family farming in the county.
(3) The countywidefarmland protection plan shall contain a list of opportunities for maintainingor enhancing small, family‑owned farms and the local agriculturaleconomy.
(4) The countywidefarmland protection plan shall describe how the county plans to maintain aviable agricultural community and shall address farmland preservation tools,such as agricultural economic development, including farm diversification andmarketing assistance; other kinds of agricultural technical assistance, such asfarm infrastructure financing, farmland purchasing, linking with youngerfarmers, and estate planning; the desirability and feasibility of donatingagricultural conservation easements, and entering into voluntary agriculturaldistricts.
(5) The countywidefarmland protection plan shall contain a schedule for implementing the plan andan identification of possible funding sources for the long‑term supportof the plan.
(f) A countywidefarmland protection plan that meets the requirements of subsection (e) of thissection may be formulated with the assistance of an agricultural advisory boarddesignated pursuant to G.S. 106‑739.
(g) There is establishedthe Agricultural Development and Farmland Preservation Trust Fund AdvisoryCommittee. The Advisory Committee shall be administratively located within theDepartment of Agriculture and Consumer Services and shall advise theCommissioner on the prioritization and allocation of funds, the development ofcriteria for awarding funds, program planning, and other areas where moniesfrom the Trust Fund can be used to promote the growth and development of familyfarms in North Carolina. The Advisory Committee shall be composed of 19 membersas follows:
(1) The Commissioner ofAgriculture or the Commissioner's designee, who shall serve as the Chair of theAdvisory Committee.
(2) The Secretary ofCommerce or the Secretary's designee.
(3) The Secretary ofEnvironment and Natural Resources or the Secretary's designee.
(4) Three practicingfarmers, one appointed by the Governor, one appointed by the President ProTempore of the Senate, and one appointed by the Speaker of the House ofRepresentatives.
(5) The Dean of the Collegeof Agriculture and Life Sciences at North Carolina State University or theDean's designee.
(6) The Dean of theSchool of Agriculture and Environmental Sciences at North Carolina Agriculturaland Technical State University or the Dean's designee.
(7) The ExecutiveDirector of the North Carolina Rural Economic Development Center, Inc., or theExecutive Director's designee.
(8) The ExecutiveDirector of the Conservation Trust for North Carolina or the ExecutiveDirector's designee.
(9) The Executive Directorof the North Carolina Farm Transition Network or the Executive Director'sdesignee.
(10) The President of theNorth Carolina Association of Soil and Water Conservation Districts or thePresident's designee.
(11) The ExecutiveDirector of the Rural Advancement Foundation International USA or theExecutive Director's designee.
(12) The ExecutiveDirector of the North Carolina Agribusiness Council or the Executive Director'sdesignee.
(13) The President of theNorth Carolina State Grange or the President's designee.
(14) The President of theNorth Carolina Farm Bureau Federation, Inc., or the President's designee.
(15) The President of theNorth Carolina Black Farmers and Agriculturalists Association or thePresident's designee.
(16) The President of theNorth Carolina Forestry Association or the President's designee.
(17) The ExecutiveDirector of the North Carolina Association of County Commissioners or theExecutive Director's designee.
(h) The AdvisoryCommittee shall meet at least quarterly. The Department of Agriculture andConsumer Services shall provide the Advisory Committee with administrative andsecretarial staff. Members of the Advisory Committee shall be entitled to perdiem pursuant to G.S. 138‑5 or G.S. 138‑6, as appropriate. TheAdvisory Committee shall make recommendations to the Commissioner on thedistribution of monies from the Trust Fund at least annually. The Commissionershall take the recommendations of the Advisory Committee into consideration inmaking decisions on the distribution of monies from the Trust Fund.
(i) The AdvisoryCommittee shall report no later than October 1 of each year to the JointLegislative Commission on Governmental Operations, the Environmental ReviewCommission, and the House of Representatives and Senate AppropriationsSubcommittees on Natural and Economic Resources regarding the activities of theAdvisory Committee, the agriculture easements purchased, and agriculturalprojects funded during the previous year. (1991, c. 734, s. 1; 2000‑171, ss. 1, 2; 2005‑390,ss. 4, 17; 2006‑252, s. 2.12; 2007‑495, s. 23; 2009‑303, ss.1, 2, 3; 2009‑484, s. 12.)
