WSCO_MCDO_WSWP Ordinance_20230613

VOLUNTARY FARMLAND PRESERVATION
PROGRAM ORDINANCE
OF
MCDOWELL COUNTY, NORTH CAROLINA
ARTICLE I.
TITLE
An ordinance of the Board of County Commissioners of MCDOWELL COUNTY, NORTH
CAROLINA, entitled, "VOLUNTARY FARMLAND PRESERVATION PROGRAM
ORDINANCE."
ARTICLE II.
AUTHORITY
The articles and sections of this program are adopted pursuant to authority conferred by the
N.C.G.S. Sections 106-735 through 106-744 and Chapter 153A.
ARTICLE III.
PURPOSE
The purpose of this ordinance is to promote agricultural values and general welfare of the county
and more specifically, increase identity and pride in the agricultural community and its way of
life; encourage the economic and financial health of agriculture; increase protection from non-
farm development and other negative impacts on properly managed farms and to increase the
protection of farms from nuisance suits.
ARTICLE IV.
DEFINITIONS
The following are defined for purposes of this ordinance:
Advisory Board: McDowell County Agricultural Advisory Board.
Chairman: Chairman of the McDowell County Agricultural Advisory Board.
District: Voluntary Agricultural District as established by this ordinance.
Board of Commissioners: McDowell County Board of Commissioners.

ARTICLE V.
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners establishes an Agricultural Advisory Board to implement
the provisions of this program.
B. Membership
The Advisory Board shall consist of seven (7) members appointed by the Board of
Commissioners. The County Extension Director of the NC Cooperative Extension Service;
County Executive Director of the USDA-Farm Service Agency and District Conservationist of
the USDA-Natural Resources Conservation Service shall serve as advisors to the board.
C. Membership Requirements
1. Each Advisory Board member shall be a McDowell County resident.
2. For each district created under the terms of this program, one of the existing
advisory board members shall be assigned to represent the district.
3. At least five (5) of the seven (7) members shall be actively engaged in production
agriculture.
4. One of the members shall be the President of the McDowell County Farm Bureau
or his designee.
5. The members actively engaged in production agriculture, as well as other
members, shall be selected for appointment by the Board of Commissioners from the names of
individuals submitted to the Board of Commissioners by the Soil and Water Conservation
District, the Cooperative Extension Service, the USDA-Farm Service Agency committee, and
the McDowell County Farm Bureau with an effort to have the broadest geographical
representation possible.
D. Tenure
The initial board is to consist of two (2) appointees for terms of one year; two (2)
appointees for terms of two years; and three (3) appointees for terms of three years. Thereafter,
all appointments are to be for terms of three years, with reappointments permitted.
E. Vacancies
Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for
the remainder of the unexpired term. Vacancies should be filled based on the requirements set
forth in ARTICLE V, Section C of this ordinance.

F. Removal for Cause
Any member of the Advisory Board may be removed for cause by the Board of
Commissioners subsequent to written charges being presented to the member and in consultation
with the Advisory Board.
G. Funding
Funding, if any, shall be fixed by the Board of Commissioners and funds shall be
appropriated to the Advisory Board to perform its duties.
H. Advisory Board Procedure
1. Chairman and Vice Chairman
The Advisory Board shall elect a chairman and vice-chairman each year at its
first meeting of the fiscal year. The chairman shall preside over all regular or special meetings
of the Advisory Board. In the absence or disability of the chairman, the vice- chairman shall
preside and shall exercise all the powers of the chairman. Additional officers may be elected as
needed.
2. Jurisdiction
The Advisory Board may adopt rules of procedure not inconsistent with this
ordinance or with other provisions of State law.
3. Advisory Board Year
The Advisory Board shall use the McDowell County fiscal year as its meeting
year.
4. Meetings
Meetings of the Advisory Board shall be held at the call of the chairman and at
such other times as the Advisory Board may specify in its rules of procedure. Meetings shall be
held at least once each year. Notice of any meetings to the members shall be in writing, unless
otherwise agreed to by all Advisory Board members. All meetings shall be open to the public.
5. Majority Vote
The concurring vote of a majority of the members of the Advisory Board shall be
necessary to: reverse any order, requirement, decision, or determination of the Advisory Board;
to decide in favor of an applicant; or to pass upon any other matter on which it is required to act
under this ordinance. Members must be present at a meeting in order to vote.
6. Records
The advisory Board shall keep minutes of the proceedings showing the vote of
each member upon each question, or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which shall be filed in the
Office of the Advisory Board and shall be a public record.

I. Duties
The Advisory Board shall:
1. Review and approve applications for qualified farmland and voluntary
agricultural districts and make recommendations concerning the establishment and modification
of agricultural districts;
2. Conduct public hearings;
3. Advise the Board of Commissioners on projects, programs or issues affecting the
agricultural economy or activities within the county that will affect agricultural districts;
4. Review and make recommendations concerning proposed amendments to this
ordinance;
5. Study additional methods of farmland preservation and make recommendations
to the Board of Commissioners; and,
6. Perform other agricultural related tasks or duties assigned by the Board of
Commissioners.
ARTICLE VI.
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purposes stated in Article III, this program provides for the
creation of voluntary agricultural districts which meet the following standards:
1. The District, when initially established, shall contain a minimum of 10
contiguous acres of qualified farmland; OR the District shall contain two qualified farms which
contain a minimum of 10 acres and are located within a mile of each other.
2. Qualifying farmland may be included in an existing voluntary agricultural
district. A landowner may apply for such inclusion at the same time he/she applies for
qualifying farmland certification. The Advisory Boards will make the decision to create a new
district or to include farmland in an existing district.
B. Encourage Formation
The county may take such action as it deems appropriate through the Advisory Board or
other entities or individuals to encourage the formation of the Districts and to further their
purposes and objectives, including the implementation of a public information program to
reasonably inform landowners of the farmland preservation program.
C. Display

The Districts shall be marked on county maps displayed for public view in the following
county offices:
1. Register of Deeds
2. County Land Records
3.. With any other office deemed necessary by the Advisory Board.
D. Withdrawal
In the event that one of more participants in the District withdraw and the acreage in the
District becomes less than the minimum acreage required or results in the remaining land being
non-contiguous, a voluntary agricultural district will continue to exist so long as there is one
qualifying farm.
ARTICLE VII.
CERTIFICATION AND QUALIFICATION OF FARMLAND
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 N.C.G.S. 105-277.2 through N.C.G.S. 105-277.7 or is otherwise determined by
the county, or its agents to meet all the qualifications of this program set forth in N.C.G.S. 105-
277.3:
b. Have been actively used in agricultural, horticultural or forestry
operations as defined by N.C.G.S. 105-277.2 (1,2,3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the land in
questions qualifies;
OR
Be certified by the Natural Resources Conservation Service of the United
States Department of Agriculture as being a farm on which at least two-thirds of the land is
composed of soils that:
i. are best suited for providing food, seed, fiber, forage, timber,
forestry products, horticultural crops and oil seed crops;
ii. have good soil qualities;
iii. are favorable for all major crops common to the county where the
land is located;
iv. have a favorable growing season and,
v. receive the available moisture needed to produce high yields for an
average of eight out of ten years:

c. be managed, if highly erodible land exists on the farm, in accordance with
the Natural Resources Conservation Service defined erosion-control practices that are addressed
to said highly-erodible land;
d. be the subject of a conservation agreement, as defined in N.C.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
that meet applicable county zoning and subdivision regulations.
ARTICLE VIII.
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
1. A landowner may apply to participate in the program by making application to
the chairman of the Advisory Board or a designated staff person. The application shall be on
forms provided by the Advisory Board. The application to participate in a district may be filed
with the certification for qualifying farmland.
2. An agreement to sustain, encourage and promote agriculture must be executed by
the landowner and recorded with the Advisory Board.
B. Approval process
1. Upon submission of the application to the Advisory Board, the Advisory Board
shall meet within 60 days to approve or disapprove the application. The chairman shall notify
the applicant by first class mail of approval or disapproval of participation in the district.
2. Upon receipt of an application, the chairman will forward copies immediately to:
a. The McDowell County tax assessor's office; and
b. The McDowell County Soil and Water Conservation District and the
Natural Resources Conservation Service office. The offices shall evaluate, complete and return
their copies to the chairman within 30 days of receipt.
C. Appeal
If an application is denied by the Advisory Board, the petitioner has 30 days to appeal the
decision to the Board of Commissioners. Such appeal shall be presented in writing. The
decision of the Board of Commissioners is final.
ARTICLE IX.
REVOCATION OF PRESERVATION AGREEMENT
By written notice to the Advisory Board, a landowner of qualifying farmland may revoke the
Preservation Agreement or the Advisory Board may revoke the same Preservation Agreement
based on non-compliance by the landowner, subject to the same provisions as contained in
Article VIII for appeal of denials. Such revocation shall result in loss of qualifying farm status
and loss of eligibility to participate in a District. Absent noncompliance by the landowner, neither

the Advisory Board nor the Board of Commissioners shall revoke any preservation agreements
prior to its expiration.
ARTICLE X.
PUBLIC HEARINGS
A. Purpose
Pursuant to N.C.G.S 106-740, which provides that no state or local public agency or
governmental unit may formally initiate any action to condemn any interest in qualifying
farmland within a District until such agency or unit has requested the Advisory Board to hold a
public hearing on the proposed condemnation, this ordinance provides for such a hearing.
B. Procedure
1. Upon receiving such request, the Advisory Board shall publish a notice
describing the proposed action in the appropriate newspapers of McDowell County within 5
business days of the request, and will in the same notice notify the public of a public hearing on
the proposed condemnation, to be held within 30 days of receipt of the request.
2. The Advisory Board shall meet to review:
a. if the need for the project has been satisfactorily established by the agency
or unit of government involved, including a review of any fiscal impact analysis conducted by
the agency involved.
b. alternatives to the proposed action that have less impact and are less
disruptive to the agricultural activities of the District within which the proposed action is to take
place.
3. The advisory Board may consult with the NC Cooperative Extension Service
County Extension Director, USDA-Natural Resources Conservation Service District
Conservationist, the McDowell County Farm Bureau, and may consult with any other
individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its
review of the proposed action. Land value will not be a factor in the selection between properties
under consideration for the proposed action.
4. Within 10 days after the public hearings, the Advisory Board shall make a report
containing its findings and recommendations regarding the proposed action. The report shall be
made available to the public for comment prior to its being conveyed to the decision-making
body of the agency proposing the acquisition.
5. Pursuant to N.C.G.S. 106-740, the Board of Commissioners shall not permit any
formal initiation of condemnation by local agencies while the proposed condemnation is
properly before the Advisory Board within these time limitations.
6. Prior to initiation of condemnation proceedings which would convert land in a
District to non-farm uses, the county or any other local unit of government shall submit to the
Advisory Board a statement that the governmental unit has considered alternatives to
condemning farmland in the District.

ARTICLE XI.
PUBLIC NOTICE
A. Procedure
1. When McDowell County computerizes its County Land Records System the
following requirements outlined in this section shall be implemented and enforced. Upon
certification of qualifying farmland and designation of real property as a District, the McDowell
County Land Records System shall be changed to include a notice reasonably calculated to alert
a person researching the title of a particular tract that such tract is located within one-half aerial
mile of a voluntary agricultural district.
2. The following notice shall be made available to everyone recording a deed or plat
with the Register of Deeds office or applying for a building permit with the Building Inspections
office:
"McDowell County has established agricultural districts to protect and preserve
agricultural lands and activities. These districts have been developed and mapped by the county
to inform all purchasers of real property that certain agricultural and forestry activities,
including but not limited to pesticide spraying, manure spreading, machinery and truck
operation, livestock operations, sawing, and other common farming activities may occur in
these districts any time during the day or night. Maps and information on the location and
establishment of these districts can be obtained from the North Carolina Cooperative Extension
Service office, the office of the Register of Deeds, the Building Inspection office, or the Natural
Resources Conservation Service office."
B. Limit of Liability
In no event shall the County or any of its officers, employees, or agents be held liable in
damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection
with the duties of obligations imposed by this ordinance.
C. No Cause of Action
In no event shall any cause of action arise out of the failure of a person researching the
title of a particular tract to report to any person the proximity of the tract to a qualifying farm or
voluntary agricultural district as defined in this ordinance.
ARTICLE XII.
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of subdivisions or planned unit developments shall designate on preliminary
development plans, the existence of the Districts within one-half aerial mile of the proposed
development.
ARTICLE XIII.
WAIVER OF WATER AND SEWER ASSESSMENTS

A. No Assessment
A landowner belonging to a District shall not be assessed for or required to connect
McDowell County water and/or sewer systems.
B. Abeyance
Water and sewer assessments will be held in abeyance, without interest, for farms,
whether inside or outside of a District, until improvements on such property are connected to the
water or sewer system for which the assessment was made.
C. Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the
terms set out in the assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in
abeyance without interest.
E. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold
assessments in abeyance under N.C.G.S. 153A-201.
ARTICLE XIV.
CONSULTATION AUTHORITY
The Advisory Board may consult with the Cooperative Extension office, the Natural Resources
Conservation Service office, the North Carolina Department of Agriculture, the McDowell
County Farm Bureau, the North Carolina Farm Bureau, and any other such agency the Advisory
Board deems necessary to properly conduct its business.
ARTICLE XV.
NORTH CAROLINA AGENCY NOTIFICATION
A. Record Annually with the Department of Agriculture
A record of this ordinance shall be recorded with the North Carolina Commissioner of
Agriculture's office after adoption. At least once a year the county shall submit a written report
to the Commissioner of Agriculture concerning the status, progress and activities of the county's
Farmland Preservation Program, including District information regarding:
1. Number of landowners enrolled;
2. Number of acres applied;
3. Number of acres certified;

4. Number of acres denied;
5. Date certified.
ARTICLE XVI.
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase or portion of this ordinance is for any
reason invalid or unconstitutional as determined by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
B. Conflict with other Ordinances and Statutes
Whenever the provisions of this ordinance conflict with other ordinances of McDowell
County, this ordinance shall govern. Whenever the provisions of any federal or state statute
require more restrictive provisions than are required by this ordinance, the provisions of such
statute shall govern.
C. Amendments
This ordinance may be amended from time to time by the Board of Commissioners after
notification and in consultation with the Advisory Board.
ARTICLE XVII.
ENACTMENT
The McDowell County Board of Commissioners hereby adopts and enacts the preceding articles
and sections of this ordinance.
Adopted this the 11th day of August, 2003.
MCDOWELL COUNTY
Andrew K. Webb, Chairman
McDowell County Board of Commissioners
ATTEST:
Carrie Padgett, Clerk to the Board