Cabarrus County, NC Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Farm exemption
- Bona fide farms exempt from Ordinance, § 1-4
- Zoning district
- Agricultural/Open Space (AO), created by § 3-4
- Proof accepted
- Farm tax cert, present-use listing, or Schedule F
- First citation fine
- $450, 15 days to correct
- Repeat citation fine
- $750 per citation (§ 12-31)
- Misdemeanor class
- Class 1 misdemeanor for violations
Summary
Cabarrus County's Development Ordinance exempts bona fide farms, owner-operated or leased, from its zoning provisions under Section 1-4, and creates a dedicated Agricultural/Open Space (AO) district covering the county's eastern farmland under Section 3-4. Convert exempt farm property to non-farm use, though, and the full Ordinance including permits and penalties applies again.
The provisions of this Ordinance shall not affect bona fide farms, owner-operated or leased, but any farm property used for non-farm purposes shall be subject to the provisions of this Ordinance. For purposes of this Ordinance, see Chapter 2, Rules of Construction and Definitions, for the definition of a Bona Fide Farm and Agriculture.
Full Breakdown
Section 1-4, Bona Fide Farms Exempt, states plainly that "the provisions of this Ordinance shall not affect bona fide farms, owner-operated or leased," though any farm property switched to non-farm purposes becomes subject to the Ordinance again. Chapter 2's definitions section ties Bona Fide Farm to the crops, grains, fruits, vegetables, dairy, livestock, poultry and "all other forms of agriculture as defined in G.S. 106-581.1," and lists four kinds of documentation the county will accept as sufficient evidence of bona fide farm status: a Department of Revenue farm sales tax exemption certificate, a property tax listing showing eligibility for the present-use value program under G.S. 105-277.3, a copy of the farm owner's or operator's Schedule F from their most recent federal return, or a forest management plan.
Beyond the exemption, Section 3-4 creates Agricultural/Open Space (AO) as one of the county's standard residential zoning districts, and Section 3-7 explains why: AO covers land on the county's eastern side where soil type and topography favor keeping ground in farmland, forest or open space rather than development, and the Ordinance notes the district exists partly because Cabarrus County's proximity to Charlotte-Mecklenburg puts real growth pressure on that farmland. Public utilities are not planned for AO land. Uses permitted by right in AO include Agriculture Excluding Livestock, Agriculture Including Livestock, Agritourism Accessory to Agriculture, Livestock Sales, Dairy Processing, Bulk Grain Storage, Nursery/Greenhouse operations and Single Family Detached Residential, with additional uses such as accessory dwelling units and gas service stations allowed only if they meet extra standards.
Violations & Fines
Losing the Section 1-4 exemption by putting farm property to non-farm use brings the site under Section 12-31's enforcement schedule: a warning citation carries no fine but gives 30 days to correct, a first citation is $450 with 15 days to fix, a second is $550, and third-and-subsequent or repeat citations run $750 each, on top of any court-imposed penalty. Violating a stop-work order or being adjudged in violation of the Ordinance is a Class 1 misdemeanor, and the County can sue to abate the violation and recover attorney's fees.
Frequently Asked Questions
Does Cabarrus County require zoning approval to operate a bona fide farm?
What proof does Cabarrus County accept that a property is a bona fide farm?
What is the Agricultural/Open Space (AO) zoning district?
What happens if exempt farmland is used for a non-farm business?
Sources & Official References
Other rules in Cabarrus County
Compare Cabarrus County to another location·View the North Carolina right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.