Apex's Relaxed Approach to Right to Farm: What's Allowed

Every city handles right to farm a little differently. In Apex, North Carolina, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Agricultural Zoning Protection

Apex's Unified Development Ordinance exempts bona fide farms, as defined by North Carolina law, from all UDO zoning, site plan, and development requirements, protecting agricultural operations across the town's corporate limits and its Wake County extraterritorial jurisdiction.

Key details: Exemption: Bona fide farms exempt from UDO. Applies to: Corporate limits and mapped ETJ. RA District lot size: 5-acre average lot minimum. Source: UDO codified July 27, 2021.

A farm that doesn't meet NC's bona fide-farm definition must get standard UDO zoning and site-plan approval; developing or operating without it is treated as a zoning violation enforceable under UDO Article 11, the same as any other unpermitted development.

If you are coming from a city with tighter rules, you will find Apex gives residents more flexibility on agricultural zoning protection.

Farm Nuisance Protection

Apex's Unified Development Ordinance exempts bona fide farms from all town zoning rules under UDO Sec. 1.4.4, covering both the corporate limits and Apex's extraterritorial jurisdiction area.

Key details: Exemption: Bona fide farms exempt from UDO. Citation: UDO § 1.4.4. Geographic reach: Corporate limits and ETJ. UDO codified: July 27, 2021. Definition source: North Carolina General Statutes.

Not applicable to a qualifying bona fide farm: no permit or standard attaches. Land that stops meeting the bona fide-farm definition, or a non-farm use on the same parcel, falls back under standard UDO permitting and Article 11 zoning enforcement.

Apex is more permissive than most cities when it comes to farm nuisance protection. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Apex gives residents more room on right to farm. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Apex's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.