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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

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

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?
No. Section 1-4 of the Development Ordinance exempts bona fide farms, whether owner-operated or leased, from the Ordinance's provisions entirely. The exemption only lasts as long as the property is used for farming; switching any part of it to a non-farm purpose puts that property back under the full zoning code, including permits and the Section 12-31 penalty schedule.
What proof does Cabarrus County accept that a property is a bona fide farm?
Chapter 2 of the Development Ordinance lists four documents the county treats as sufficient evidence: a Department of Revenue farm sales tax exemption certificate, a present-use value property tax listing under G.S. 105-277.3, a Schedule F from the owner's or operator's most recent federal tax return, or a forest management plan.
What is the Agricultural/Open Space (AO) zoning district?
AO is one of the standard zoning districts created by Section 3-4, covering farmland and undeveloped land mostly on the county's eastern side. Section 3-7 permits uses like Agriculture Including Livestock, Agritourism Accessory to Agriculture, Livestock Sales, Dairy Processing and Single Family Detached Residential by right, aiming to preserve farmland against growth pressure from the nearby Charlotte-Mecklenburg area.
What happens if exempt farmland is used for a non-farm business?
It loses the Section 1-4 exemption and becomes subject to the full Development Ordinance, including zoning-use tables and Section 12-31 enforcement. Citations start with a warning giving 30 days to correct, then escalate to $450, $550 and $750 civil penalties, plus any court penalty and possible Class 1 misdemeanor charges for continued violations.

Sources & Official References

Other rules in Cabarrus County

All Cabarrus County rules

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