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Brunswick County, NC Right to Farm: Agricultural Zoning Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing sections
UDO §§ 4.9.1, 4.9.4, 4.9.8
State authority
G.S. 106-735 to 106-743; Ch. 160D
Minimum VAD size
10 contiguous acres
Minimum individual farm
3 acres
Application review
decision within 90 days
Preservation Agreement term
10 years, auto-renews

Summary

Brunswick County runs a Voluntary Agricultural District Program under UDO Section 4.9, adopted under G.S. 106-735 through 106-743 and Chapter 160D, that lets owners of at least three acres of qualifying farmland in the unincorporated county enroll to protect the land from nonfarm development. Participation is voluntary and open only outside the county's incorporated towns.

These county ordinances apply to unincorporated areas of Brunswick County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The standards and provisions of this Voluntary Agricultural District Program are established pursuant to the authority conferred by G.S. 106-735 through 106-743 and Chapter 160D. ... The farmland shall be real property consisting of at least three acres and not located in a planned development (Major Subdivisions, Planned Unit Developments [PUD], and Planned Groups of Structures) unless the development was originally designed and approved to accommodate agricultural uses and documented on the preliminary plan, site plan, and/or associated plats. ... The property must be engaged in agriculture and defined as a Bona Fide Farm per Article 12 (Definitions) of the Brunswick County Unified Development Ordinance (UDO).

Full Breakdown

A Voluntary Agricultural District (VAD) must contain at least 10 contiguous acres of qualified farmland, or two or more qualified farms totaling 10 acres within a mile of each other. To qualify individually, farmland must be at least three acres, meet Brunswick County's Bona Fide Farm definition under UDO Article 12, not sit inside a planned development unless it was designed for agricultural use, follow NRCS erosion-control practices where highly erodible land exists, be the subject of a Preservation Agreement barring nonfarm development for at least ten years (except up to three new lots meeting county subdivision rules), and lie in the unincorporated county.

Landowners apply to the Agricultural Advisory Board chairperson; the Tax Assessor, Planning Department, Soil and Water Conservation District and NRCS review the application, and the Advisory Board must decide within 90 days. A denied applicant has 30 days to appeal to the Board of County Commissioners, whose decision is final. Preservation Agreements automatically renew for ten-year terms unless either side objects in writing. Landowners in a VAD are not assessed for, or required to connect to, water and sewer systems; those assessments are held in abeyance without interest until the property connects. Fees for applying, expanding or withdrawing are set by the Cooperative Extension.

Violations & Fines

The Agricultural Advisory Board may revoke a landowner's Preservation Agreement for noncompliance, which ends the land's VAD status and Program eligibility, though it does not affect the land's separate eligibility for present-use-value taxation under G.S. 105-277.2 through 105-277.6. The County and its officers are not liable in damages for good-faith acts under the Program, and no cause of action arises from a title researcher's failure to report a tract's proximity to a VAD.

Frequently Asked Questions

Is joining a Voluntary Agricultural District mandatory for Brunswick County farmers?
No. UDO Section 4.9.3 states nothing requires a landowner to initiate participation; once enrolled, compliance is required to keep the designation.
How big does my farm need to be to enroll?
At least three acres, engaged in agriculture and meeting the Bona Fide Farm definition in Article 12 of the county's Unified Development Ordinance, per UDO Section 4.9.8.
Does VAD enrollment work inside Oak Island or Shallotte?
No. UDO Section 4.9.8.E limits qualifying property to the unincorporated area of Brunswick County unless the county has a separate agreement to exercise a municipality's authority on its behalf.

Sources & Official References

Other rules in Brunswick County

All Brunswick County rules

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