(A) The Town of Mills River not impose any regulation or restriction on the use of agricultural land which is more stringent than that imposed by the state of North Carolina or the United States of America. Agricultural land be defined to include "agricultural land, forest land, and horticultural land" as defined in G.S. § 105-277.2 and used for bona fide "farm purposes" as defined in G.S. §
160D-903
. Those regulations and restrictions that are prohibited include but are not limited to those related to waste management, water quality, pesticide use, farm labor, hours of operation, water usage, stream buffers, storm water runoff, sounds and odors. This prohibition does not apply to any prohibition of, regulation of or limitation on nonagricultural activities occurring upon agricultural .
(B) Nothing herein be construed to impose any restriction upon the ability of Henderson County to regulate land use or prohibit or regulate any activity within the Town of Mills River pursuant to any Henderson County Ordinance that is being administered or enforced by Henderson County within the Town of Mills River pursuant to an agreement between Henderson County and the Town of Mills River.
(C) Nothing herein
be construed to impose any restriction upon the ability of the Town of Mills River to regulate land use pursuant to G.S. Chapter 160A and Chapter 160D as long as the regulation of agricultural land is not more stringent than that imposed by the
and federal governments.
(D) (1) The purpose of this section is to encourage the voluntary preservation and protection of farmland from nonfarm development, recognizing the importance of agriculture to the economic and cultural life of the Town of Mills River.
(2) Pursuant to authority conferred by G.S. Ch. 106, Art. 61, and for the purpose of promoting the health, safety, morals and general welfare of the Town of Mills River, this section
be known as the “Voluntary Farmland Preservation Program Ordinance of Mills River, North Carolina.”
(Ord. 00001, passed 9-11-2003; Am. Ord. 00086, passed 11-14-2013; Am. Ord. 2021-03, passed 3-25-2021)