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The purpose of this chapter is to promote the health, safety, rural 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 farming; increase protection from undesirable non-farm development; and increase the protection of farms from nuisance suits and other negative impacts on properly managed farms.
(Ord. passed 7-16-01)
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)
(A) Creation. In accordance with G.S. § 106-739, the Board of Commissioners hereby establishes an Agricultural Advisory Board to implement the provisions of this chapter.
(B) Appointments and Membership. The Agricultural Advisory Board shall consist of seven members appointed by the Board of Commissioners.
(1) Requirements.
(a) Each Board member shall be a county resident and registered to vote in the county.
(b) Five of the seven members shall be actively engaged in farming.
(c) The five members actively engaged in farming shall meet the eligibility criteria for the preservation program and be selected for appointment by the Board of Commissioners from the names of individuals submitted to the Board of Commissioners by the New River Soil and Water Conservation District, the Cooperative Extension Service, the Farm Service Agency Committee and the Ashe County Farm Bureau, with an effort to have the broadest geographical representation possible. The two members shall have special interest, experience, or education in agriculture and/or rural land preservation.
(2) Tenure. The members are to serve for terms of three years, except that the initial Board is to consist of two appointees for a term of one year, two appointees for terms of two years, and three appointees for terms of three years. Thereafter, all appointments are to be for terms of three years, with reappointments permitted but shall not exceed two consecutive three- year terms. The term for the initial Board members will be determined by lottery.
(3) Vacancies. Any vacancy on the Agricultural Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term following the same procedure as for the initial appointment.
(4) Removal for Cause. Any member of the Agricultural Advisory Board may be removed for cause by the Board of Commissioners upon written charges and after a public hearing. A Board member shall forfeit membership if three consecutive unexcused Board meetings are missed.
(5) Funding.
(a) Compensation. The per meeting compensation of the members of the Board shall be fixed by the Board of Commissioners.
(b) Appropriations for Performance
of Duties. Funds shall be appropriated by the Board of Commissioners to the Agricultural Advisory Board to perform its duties. The Board shall request a budget to be presented to the County Commissioners annually.
(C) Procedures. The Board shall adopt rules of procedure which are consistent with the enabling legislation and other applicable statutes.
(1) Chairperson. The Board shall elect a Chairperson and Vice-Chairperson each year at its first meeting of the fiscal year. The Chairperson shall preside over all regular or special meetings of the Board. In the absence or disability of the Chairperson, the Vice-Chairperson shall preside and shall have and exercise all the powers of the Chairperson so absent or disabled. Additional officers may be elected as needed.
(2) Jurisdiction and Procedures: Supple- mentary Rules. The jurisdiction and procedures of the Board are set out in this section, except that the Board may adopt supplementary rules of procedure not inconsistent with this section or with other provisions of law.
(3) Board Year. The Board shall use the county fiscal year as its meeting year.
(4) Meetings. Meetings of the Board, following such notice as required by this section, shall be held at the call of the Chairperson and at such other times as the Board in its rules of procedure may specify. A called meeting shall be held at least monthly. A quorum shall consist of a majority of the members of the Board.
(5) Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency, to decide in favor of an applicant, or to pass upon any other matter on which it is required to act under this section.
(6) Records. The 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 immediately filed in the office of the Board and shall be a public record.
(7) Administrative Services. The New River Soil and Water Conservation District office shall serve the Agricultural Advisory Board for recordkeeping, correspondence, application procedures under this section together with such other services the Board needs to complete its duties.
(D) Duties. The Agricultural Advisory Board shall:
(1) Review and approve applications for qualified farmland and voluntary agricultural districts.
(2) Hold public hearings pursuant to § 161.10.
(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) Perform other related tasks or duties assigned by the Board of Commissioners.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
(A) Purpose. Pursuant to G.S. § 106-740, no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the Agricultural Advisory Board to hold a public hearing on the proposed condemnation. The procedures for such hearings shall be as set forth below.
(B) Procedures.
(1) Establish Public Hearing. Upon receipt of a request for a public hearing, the Agricultural Advisory Board shall have 30 days to set a date for a public hearing on the proposed condemnation pursuant to G.S. § 106-740. No formal initiation of condemnation shall be initiated while the proposed condemnation is properly before the Board within the time limitations set forth in this section.
(2) Notice of Public Hearing. The Board shall run a notice of the public hearing in a newspaper having general circulation in the county at least ten days prior to the date established for the hearing. The notice shall contain the date, time and place of the hearing and shall provide the name of the agency requesting the hearing and the purpose of the condemnation.
(3) Public Hearing. The Advisory Board shall conduct the public hearing and receive information and comments from the agency requesting the condemnation action and the citizens of the county. Additionally, the Board shall review the following:
(a) Has the need for the project requiring the condemnation been satisfactorily shown by the agency requesting the action?
(b) Has a financial impact analysis been conducted by the agency seeking the action?
(c) Have alternatives been considered to the proposed action that are less disruptive to the agricultural activities and farmland base of the voluntary agricultural district within which the proposed action is to take place?
The Board shall invite and allow input by New River Soil and Water Conservation District, the County Cooperative Extension Agent, U.S.D.A. Natural Resources Conservationist, the Farm Service Agency, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board’s review of the proposed action.
(4) Findings and Notification. Within 30 days after the public hearing, the Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be conveyed to the decision-making body of the agency proposing acquisition and made available to the public for comment.
(5) Pursuant to 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.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
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