(A) Revocation.
(1) District. By providing 30 days advance written notice to the Advisory Board, a landowner of qualifying farmland within a district may revoke the conservation agreement or the Advisory Board may revoke the same conservation agreement based on noncompliance by the landowner with the provisions of § 155.10, subject to the same provisions as contained in § 155.10(C) 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 conservation agreement prior to its expiration. If the Advisory Board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in § 155.10(C). A notice of revocation shall be recorded in the Register of Deeds Office, pursuant to G.S. § 121 -41(b), sufficient to provide notice that the qualifying farmland land has been withdrawn from the voluntary agricultural district program and the qualifying farmland shall be removed from the voluntary agricultural district program database and map in the county geographic information system.
(2) Enhanced district. Conservation agreements for land within enhanced districts are irrevocable for a period of ten years. At the end of the term, a notice of revocation shall be recorded in the Register of Deeds Office sufficient to provide notice that the land has been withdrawn from the enhanced voluntary agricultural district program if the agreement is not automatically renewed, or renewed voluntary by the landowners.
(B) Transfer.
(1) District. Transfers of land in a district due to death of the landowner, sale, or gift shall not revoke the conservation agreement, if all new landowners affirm the conservation agreement and affirm, on a supplemental application, updated information demonstrating that the enrolled land still qualifies for enrollment under § 155.09. In the event that there are water or sewer assessments held in abeyance by this chapter, and where the new owner(s) fail(s) to agree in writing to accept liability for those assessments when land is withdrawn either voluntarily or involuntarily from the district, the conservation agreement shall be revoked. Revocation shall be undertaken pursuant to the provisions of division (A) above.
(2) Enhanced district. Transfers of land in a district due to death of the landowners, sale, or gift shall not revoke the conservation agreement. The conservation agreement for the enhanced voluntary agricultural district shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the conservation agreement.
(C) Renewal.
(1) District. A conservation agreement for land within a voluntary agricultural district, that continues to qualify under all provisions of § 155.09, shall be automatically renewed for a period of ten years unless the landowner provides 30-day written notice to the Advisory Board of intent not to renew. Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall fail to renew any conservation agreement unless this chapter or its authorizing legislation has been repealed.
(2) Enhanced district. A conservation agreement for land within an enhanced voluntary agricultural district, that continues to qualify under all provisions of § 155.09, shall be deemed automatically renewed for an additional term of three years, unless either the Advisory Board or the landowner gives written notice to the contrary prior to the termination date of the conservation agreement. At the end of the three-year term, the conservation agreement for land within an enhanced voluntary agricultural district that continues to qualify under all provisions of § 155.09 shall thereafter automatically renew for successive one-year terms, unless either the Advisory Board or the landowner gives written notice to the contrary prior to the termination date of the conservation agreement.
(D) Enforcement.
(1) District. Enforcement of the terms of a conservation agreement for land enrolled in a district shall be limited to revocation of the conservation agreement and the benefits derived therefrom. Revocation shall be undertaken pursuant to the provisions of division (A) above.
(2) Enhanced district. Conservation agreements for the enhanced agricultural district program may, at the election of the parties, include provisions requiring that any disputes between the county and the landowner be resolved through arbitration or mediation, and, in the event of litigation, that the prevailing party be awarded costs, including reasonable attorney fees. Enforcement of the terms of the conservation agreement may be through an action for injunctive relief and/or damages in any court of competent jurisdiction. The county may also terminate any benefits to the owner under this program either permanently or during the period of violation, as appropriate. If the Advisory Board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in § 155.10(C). The right to terminate program benefits is in addition to any legal rights that the county may have under either this chapter or the terms of the applicable conservation agreement. The county may seek costs of the action including reasonable attorney fees if such a provision is incorporated into the conservation agreement.
(Ord. passed 4-2-2007; Ord. passed 4-6-2009; Ord. passed 6-7-2021)