AG 2006 12 18 - Laserfiche WebLink

Home Browse Search

water assessments, record notice to non-farm neighbors of proximity to a farming operation, and public hearing before condemnation of farm property by eminent domain. On (date) County passed a V AD ordinance (cite ordinance) whereby (describe protections) were adopted, Also pursuant to the ordinance, an Agricultural Advisory Board was appointed by the Board of County Commissioners to represent agricultural interests in the county, (cite powers given to the Agricultural Advisory Board given by the ordinancei1 While the V AD ordinance encourages investment in agriculture, it does not represent a permanent land protection measure as districts rely heavily on voluntary enrollment and allow for withdrawal.22 3, Purchase of Agricultural Conservation Easements (PACE) Program. The North Carolina Farmland Preservation Enabling Act enables counties to purchase agricultural conservation easements on qualifying farmland with the voluntary consent of the landowner. Under such a program the county could pay farmers willing to accept a permanent (or temporary) easement limiting subdivision of their land for residential development the difference between the value of their land for development and the value for its use as farming. Farmers would be free to use this payment for any purposes they choose: retirement investment, capital improvement, etc, Payment options could include lump-sum payment or annual payments over a set period. In other areas around the country this type of program has been funded through municipal and county bond issues, a percentage of real estate transfer tax or mortgage tax revenues, or as a regular budget line item. Easements under the program can be drafted to offer farmers maximum flexibility to continue to profitably work their land, and change their operation as their needs dictate, as long as they meet the requirements of state law regarding the purpose of agricultural conservation easements. By North Carolina statute, "such easements may permit the creation of not more than three lots that meet applicable county zoning and subdivision regulations, and shall be perpetual in duration, provided that, at least 20 years after the purchase of an easement, the county may agree to reconvey the easement to the owner of the land for consideration, if the landowner can demonstrate to the satisfaction of the county that commercial agriculture is no longer practicable on the land in question,,,23 4, State Conservation Funding Tools a. Farmland Preservation Trust Fund, The North Carolina FPTF is created by statute "for the purchase of agricultural conservation easements" in transactions with both governmental and private non-profit organizations.24 These monies, when available, can be matched with certain federal funds described below, The FPTF is administered by the Department of Agriculture or its designee.: b, Clean Water Management Trust Fund. The North Carolina CWMTF is a voluntary, incentive-based water quality program to help local governments, state agencies and conservation non-profit groups finance projects to protect and restore surface water quality, Farm and forest land owners are eligible to receive trust fund monies for sale of the development rights to their land under certain guidelines and 7 \.,\.. .:;