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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY BOARD. The Ashe County Agricultural Advisory Board.
BOARD OF COMMISSIONERS. The Board of Commissioners of Ashe County, North Carolina.
CHAIRMAN. Chairman of the Ashe County Agricultural Advisory Board.
DISTRICT. A voluntary agricultural district established under the terms and conditions of this chapter by the Board of Commissioners.
(Ord. passed 7-16-01)
(A) Requirements. In order for farmland to qualify for participation under the terms of this chapter, it shall meet the following requirements:
(1) The farmland shall be real property;
(2) The farm property shall be participating in the farm present-use-value taxation program established by G.S. §§ 105-277.2 through 105-277.7, or is otherwise determined by the county to meet all the qualifications of this program set forth in G.S. § 105-277.3;
(3) The property shall be certified by the Natural Resources Conservation Service of the United States Department of Agriculture, in consultation with the New River Soil and Water Conservation District, Cooperative Extension office and the Farm Service Agency, as being a farm on which at least two-thirds of the land is composed of soils that:
(a) Are best suited for providing food, seed, fiber, forage, timber, and horticultural crops, including Christmas trees and ornamental;
(b) Have good soil qualities;
(c) Are favorable for all major crops common to the county where the land is located;
(d) Have a favorable growing season; and
(e) Receive the available moisture needed to produce high yields for an average of eight out of ten years; or
Soils on which at least two-thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in 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 question qualifies;
(4) The property, if highly erodible land exists on the farm, is managed in accordance with the Natural Resources Conservation Service defined erosion control practices that are addressed to said highly erodible land, and
(5) The property is the subject of an agreement 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. There will be an exemption for the creation of not more than three lots that meet applicable county watershed and subdivision regulations (Chapter 156 of Ashe County Land Usage Code of Ordinance) or the regulations of any municipality which apply to the farm property. The property owner may voluntarily revoke this agreement by submitting a written request to the Board in accordance with § 161.08.
(B) Certification. The owner of the farm seeking to qualify his property for participation in the farmland preservation program shall submit written evidence that the property conforms to the requirements of subsection (A) above. This written information shall be submitted to the Chairman of the Advisory Board or the designated staff person on forms provided by the Board. The certification may be submitted at the same time the owner applies for inclusion in a district.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
(A) Creation of Voluntary Agricultural Districts. In order to implement the purposes stated in § 161.03, this chapter provides for the creation of voluntary agricultural districts that shall meet the following standards:
(1) The district, when initially established, shall contain a minimum of 25 contiguous acres of qualified farmland, OR, two or more qualified farms that contain a minimum of 25 acres and are located within a mile of each other;
(2) The landowner(s) requesting inclusion in the district shall execute an agreement with the county to sustain agriculture in the district in accordance with § 161.06(A)(5). Said agreement shall be in a form which is reviewed and approved by the Advisory Board; and
(3) For each district created under the terms of this chapter, one of the existing Advisory Board members shall be assigned to represent the district.
(B) Application to Participate. A landowner may apply to participate in the program by making application to the Chairman of the Advisory Board or to 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 of qualifying farmland.
(C) Approval Process. Upon review of the written certification and application submitted by the property owner, the Board shall meet within 30 days if possible to approve or disapprove the application. The Chairman shall notify the applicants by first class mail of said approval or disapproval of participation in the district.
(D) Appeal. If an application is denied by the Agricultural Advisory Board, the petitioner has 30 days to appeal the decision to the Ashe County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
By written notice to the Board, a landowner of qualifying farmland may revoke the agreement formulated pursuant to § 161.06(A)(5), or the Board may revoke same agreement based on noncompliance by the landowner. Such revocation shall result in loss of qualifying farm status, and consequently, loss of eligibility to participate in a voluntary agricultural district and the benefits thereof. Revocation by a landowner of an agreement and the resulting loss of qualifying farmland status for the purpose of participation in a voluntary agricultural district shall in no way affect the eligibility of the land to be taxed at its present use value as provided in G.S. §§ 105-277.2 through 105-277.6. If a portion of a district is removed for any reason after being established by this chapter, the remaining qualified farms may remain in the program, provided they meet all other requirements except the minimum area requirements of § 161.07(A)(1).
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
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