(A) Application procedure.
(1) A landowner, or landowners, may apply to participate in either the voluntary agricultural district or the enhanced voluntary agricultural district program by making application, for qualifying farmland to be included in a district or enhanced district, to the chairperson of the Advisory Board or a designated staff person. The landowner, or landowners, must designate the application as for either voluntary agricultural district status or enhanced voluntary agricultural district status. The application shall be on forms provided by the Advisory Board.
(2) A conservation agreement, required by G.S. §§ 106-737 and 106-743.3, and defined in G.S. § 121-35, suited to district type, must be executed by the landowners with the Advisory Board. The conservation agreement for the enhanced voluntary agricultural district must be recorded with the County Register of Deeds Office as required under G.S. § 121-41(c).
(B) Review process.
(1) Upon receipt of an application, the chairperson will forward copies immediately to the following offices, which shall be asked to provide comments, if any, to the Advisory Board prior to the
date set for the Advisory Board to review the application:
(2) The County Tax Office;
(3) The County Soil and Water Conservation District Office;
(4) The County Cooperative Extension Office;
(5) The Natural Resources Conservation Service; and
(6) Any other such agency or office the Advisory Board deems appropriate.
(7) The Advisory Board or its administrative designees prior to, or at, the next regularly scheduled board meeting shall review an application for certification of qualifying farmland to determine if the application is compliant with all requirements of this chapter.
(8) Any application not containing all information and not meeting specifications set forth in this chapter shall be rejected and returned to the applicant together with the reason(s) for rejection. The Advisory Board or its administrative designees may allow the applicant 30 calendar days or a reasonable time period agreed upon by both parties in writing, to cure any deficiencies in the application, which if cured, would make the application complete.
(C) Appeal. If an application is determined to be noncompliant with this chapter by the Advisory Board, the landowner may, within 15 days of notification of noncompliance of the application, request in writing that the Advisory Board reconsider its determination. The request for reconsideration shall state the reason(s) therefore. The Advisory Board shall meet at the next regularly scheduled board meeting for reconsideration of the application and shall notify the applicant of its determination, and the reason(s) therefore, within 15 days of the reconsideration of the application. Upon either an initial negative determination, if no request for reconsideration was made, or a negative determination after reconsideration, the landowner shall have 30 days from the date of notification to appeal the determination to the Board of Commissioners. Such appeal shall be presented in writing and shall state the reason(s) therefore. The decision of the Board of Commissioners is final.
(Ord. passed 4-2-2007; Ord. passed 4-6-2009; Ord. passed 6-7-2021)