FILED SENATE
Apr 6, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 605
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS45211-TQf-9
Short Title: North Carolina Farm Act of 2021. (Public)
Sponsors: Senators B. Jackson, Sanderson, and Edwards (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS CONCERNING
3 AGRICULTURE AND FORESTRY.
4 The General Assembly of North Carolina enacts:
5
6 VOLUNTARY AGRICULTURAL DISTRICT TECHNICAL CHANGES
7 SECTION 1. Article 61 of Chapter 106 of the General Statutes reads as rewritten:
8 "Article 61.
9 "Agricultural Development and Preservation of Farmland.
10 …
11 "Part 2. Voluntary Agricultural Districts.
12 "§ 106-737. Qualifying farmland.
13 In order for farmland to qualify for inclusion in a voluntary agricultural district or an
14 enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real
15 property that:
16 (1) Is engaged in agriculture as that word is defined in G.S. 106-581.1.Is used for
17 bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and
18 G.S. 160D-903.
19 (2) Repealed by Session Laws 2005-390, s. 11 effective September 13, 2005.
20 (3) Is managed in accordance with the Soil Conservation Service defined erosion
21 control practices that are addressed to highly erodable land; and
22 (4) Is the subject of a conservation agreement, as defined in G.S. 121-35, between
23 the county local government administering the voluntary agricultural district
24 program and the owner of such land that prohibits nonfarm use or
25 development of such land for a period of at least 10 years, except for the
26 creation of not more than three lots that meet applicable county and municipal
27 zoning and subdivision regulations. The form of the conservation agreement
28 shall be approved by the agricultural advisory board created under
29 G.S. 106-739.
30 "§ 106-737.1. Revocation of conservation agreement.
31 By written notice to the county, local government administering the voluntary agricultural
32 district program, the landowner may revoke this conservation agreement. Such revocation shall
33 result in loss of qualifying farm status.
34 "§ 106-738. Voluntary agricultural districts.
35 (a) An ordinance adopted under this Part shall provide:
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1 (1) For the establishment of voluntary agricultural districts consisting initially of
2 at least the number of contiguous acres of agricultural land, and forestland or
3 horticultural land that is part of a qualifying farm or the number of qualifying
4 farms deemed appropriate by the governing board of the county or city
5 adopting the ordinance;upon the execution of a conservation agreement as
6 provided in G.S. 106-737(4).
7 (2) For the formation of such districts upon the execution by the owners of the
8 requisite acreage of an agreement to sustain agriculture in the district;
9 (3) That the form of this agreement must be reviewed and approved by an
10 agricultural advisory board established under G.S. 106-739 or some other
11 county board or official;
12 (4) That each such district have a representative on the agricultural advisory board
13 established under G.S. 106-739.
14 (5) The minimum size, including acreage; number of tracts; and appropriate
15 proximity of multiple tracts of agricultural land, forestland, or horticultural
16 land that may comprise a voluntary agricultural district.
17 (b) The purpose of such agricultural districts shall be to increase identity and pride in the
18 agricultural community and its way of life and to increase protection from nuisance suits decrease
19 the likelihood of legal disputes, such as nuisance actions between farm owners and their
20 neighbors, and other negative impacts on properly managed farms. The county or city that
21 adopted an ordinance under this Part may take such action as it deems appropriate to encourage
22 the formation of such districts and to further their purposes and objectives.
23 (c) A county ordinance adopted pursuant to this Part is effective within the
24 unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective
25 within the corporate limits of the city. A city may amend its ordinances in accordance with
26 G.S. 160A-383.2 with regard to agricultural districts within its planning jurisdiction.
27 "§ 106-739. Agricultural advisory board.
28 (a) An ordinance adopted under this Part or Part 3 of this Article shall provide for the
29 establishment of an agricultural advisory board, organized and appointed as the county or city
30 that adopted the ordinance shall deem appropriate. by the board of county commissioners or the
31 city council adopting the ordinance. The county or city that adopted the ordinance may confer
32 upon this advisory board authority to:
33 (1) Review and make recommendations or decisions concerning the
34 establishment and modification of agricultural districts;districts. The board of
35 county commissioners or the city council may make decisions regarding the
36 establishment and modification of voluntary agricultural districts or may
37 delegate that authority to the agricultural advisory board. If the authority is
38 delegated to the agricultural advisory board, the agricultural advisory board's
39 decisions shall be appealable to the board of county commissioners or city
40 council by an owner of land that has been denied enrollment in a voluntary
41 agricultural district or has been removed from a voluntary agricultural district
42 by the agricultural advisory board.
43 (1a) Execute agreements with landowners necessary for enrollment of land in a
44 voluntary agricultural district.
45 (2) Review and make recommendations concerning any ordinance or amendment
46 adopted or proposed for adoption under this Part or Part 3 of this
47 Article;Article.
48 (3) Hold public hearings on public projects likely to have an impact on
49 agricultural operations, particularly if such projects involve condemnation of
50 all or part of any qualifying farm;farm.
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1 (4) Advise the governing board of the county or city that adopted the ordinance
2 on projects, programs, or issues affecting the agricultural economy or way of
3 life within the county;county.
4 (5) Perform other related tasks or duties assigned by the governing board of the
5 county or city that adopted the ordinance.
6 (b) The members of the agricultural advisory board shall be chosen to provide the
7 broadest possible representation of the geographical regions of the local government and to
8 represent, to the extent possible, all segments of agricultural production existing within the local
9 government. A majority of the members of the agricultural advisory board shall be actively
10 engaged in agriculture.
11 (c) The agricultural advisory board may, at the discretion of the board of county
12 commissioners or the city council, utilize an existing local government agency for the purpose
13 of administration, recordkeeping, and other related tasks or duties.
14 …
15 "§ 106-741. Record notice of proximity to farmlands.
16 (a) All counties shall require that land records include some form of notice reasonably
17 calculated to alert a person researching the title of a particular tract that such tract is located
18 within one-half mile of a poultry, swine, or dairy qualifying farm or within 600 feet of any other
19 qualifying farm or within one-half mile of a voluntary agricultural district.the property line of
20 any tract of land enrolled in a voluntary agricultural district.
21 (b) In no event shall the county or any of its officers, employees, or agents be held liable
22 in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in
23 connection with the duties or obligations imposed by any ordinance adopted under subsection
24 (a).
25 (c) In no event shall any cause of action arise out of the failure of a person researching
26 the title of a particular tract to report to any person the proximity of the tract to a qualifying farm
27 or voluntary agricultural district as defined in this Article.
28 (d) In no event shall any cause of action arise out of the failure of a person licensed under
29 Chapters 93A or 93E of the General Statutes for failure to report to any person the proximity of
30 a tract to a qualifying farm or voluntary agricultural district as defined in this Article.
31 …
32 "§ 106-743. Local ordinances.
33 A county or a city adopting an ordinance under this Part or Part 3 of this Article may consult
34 with the North Carolina Commissioner of Agriculture or his the Commissioner's staff before
35 adoption, and shall record the ordinance with the Commissioner's office after adoption.
36 Thereafter, the county or city shall submit to the Commissioner at least once a year, a written
37 report including the status, progress progress, number of enrolled farms and acres, and activities
38 of its farmland preservation program under this Part or Part 3 of this Article.
39 "Part 3. Enhanced Voluntary Agricultural Districts.
40 "§ 106-743.1. Enhanced voluntary agricultural districts.
41 (a) A county or a municipality may adopt an ordinance establishing an enhanced
42 voluntary agricultural district. An ordinance adopted pursuant to this Part shall provide:
43 (1) For the establishment of an enhanced voluntary agricultural district that
44 initially consists of at least the number of contiguous acres of agricultural land,
45 and forestland and horticultural land that is part of a qualifying farm under
46 G.S. 106-737 or the number of qualifying farms deemed appropriate by the
47 governing board of the county or city adopting the ordinance.
48 (2) For the formation of the enhanced voluntary agricultural district upon the
49 execution of a conservation agreement, as defined in G.S. 121-35, that meets
50 the condition set forth in G.S. 106-743.2 by the landowners of the requisite
51 acreage to sustain agriculture in the enhanced voluntary agricultural district.
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1 (3) That the form of the agreement under subdivision (2) of this subsection be
2 reviewed and approved by an agricultural advisory board established under
3 G.S. 106-739, or other governing board of the county or city that adopted the
4 ordinance.
5 (4) That each enhanced voluntary agricultural district have a representative on the
6 agricultural advisory board established under G.S. 106-739.
7 (b) The purpose of establishing an enhanced voluntary agricultural district is to allow a
8 county or a city to provide additional benefits to farmland beyond that available in a voluntary
9 agricultural district established under Part 2 of this Article, when the owner of the farmland
10 agrees to the condition imposed under G.S. 106-743.2. The county or city that adopted the
11 ordinance may take any action it deems appropriate to encourage the formation of these districts
12 and to further their purposes and objectives.
13 (c) A county ordinance adopted pursuant to this Part is effective within the
14 unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective
15 within the corporate limits of the city. A city may amend its ordinances in accordance with
16 G.S. 160A-383.2 with regard to agricultural districts within its planning jurisdiction.
17 (d) A county or city ordinance adopted pursuant to this Part may be adopted
18 simultaneously with the creation of a voluntary agricultural district pursuant to G.S. 106-738.
19 …."
20
21 ALLOW MAGISTRATES TO WAIVE TRIALS FOR STATE FOREST RULE
22 OFFENSES
23 SECTION 2.(a) G.S. 7A-273 reads as rewritten:
24 "§ 7A-273. Powers of magistrates in infractions or criminal actions.
25 In criminal actions or infractions, any magistrate has power:
26 …
27 (2) In misdemeanor or infraction cases involving alcohol offenses under Chapter
28 18B of the General Statutes, traffic offenses, hunting, fishing, State park and
29 recreation area rule offenses under Chapters 113 and 143B of the General
30 Statutes, State forest rule offenses under Articles 74 and 75 of Chapter 106 of
31 the General Statutes, boating offenses under Chapter 75A of the General
32 Statutes, open burning offenses under Article 78 of Chapter 106 of the General
33 Statutes, and littering offenses under G.S. 14-399(c) and G.S. 14-399(c1), to
34 accept written appearances, waivers of trial or hearing and pleas of guilty or
35 admissions of responsibility, in accordance with the schedule of offenses and
36 fines or penalties promulgated by the Conference of Chief District Judges
37 pursuant to G.S. 7A-148, and in such cases, to enter judgment and collect the
38 fines or penalties and costs;
39 …."
40 SECTION 2.(b) This section becomes effective December 1, 2021, and applies to
41 offenses committed on or after that date.
42
43 EXEMPT CERTAIN FIRES FROM OPEN BURNING LAWS
44 SECTION 3.(a) G.S. 106-950 is amended by adding a new subsection to read:
45 "(a2) Except in cases where the Commissioner has prohibited all open burning during
46 periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to
47 Article 21B of Chapter 143 of the General Statutes, this Article does not apply to any fires started,
48 or caused to be started, for cooking, warming, or ceremonial events, if the fire is confined (i)
49 within an enclosure from which burning material may not escape or (ii) within a protected area
50 upon which a watch is being maintained and which is provided with adequate fire protection
51 equipment."
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1 SECTION 3.(b) This section becomes effective December 1, 2021, and applies to
2 offenses committed on or after that date.
3
4 FOREST SERVICE OVERTIME MODIFICATION
5 SECTION 4.(a) G.S. 106-903 reads as rewritten:
6 "§ 106-903. Overtime compensation for forest fire fighting.
7 The Department shall, within funds appropriated to the Department, provide either monetary
8 overtime compensation or compensatory leave at an hour-for-hour rate, at its discretion, to the
9 professional employees of the North Carolina Forest Service who are exempt from the Fair Labor
10 Standards Act and involved in fighting forest fires.fires for overtime earned while conducting
11 fire suppression duties as defined in G.S. 106-955. If the Department provides compensatory
12 leave for overtime earned, it shall be provided in a manner consistent with the State's general
13 compensatory time policy for exempt employees established by the Office of State Human
14 Resources."
15 SECTION 4.(b) This section is effective when it becomes law and applies to
16 overtime earned on or after that date.
17
18 INCREASE PUNISHMENT FOR TIMBER LARCENY AND INCREASE CIVIL
19 PENALTIES FOR DAMAGING TIMBER OR AGRICULTURAL COMMODITIES
20 SECTION 5.(a) G.S. 14-135 reads as rewritten:
21 "§ 14-135. Cutting, injuring, or removing another's Larceny of timber.
22 (a) Offense. – Except as otherwise provided in subsection (b