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

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

Key Facts

Governing section
Sec. 58-56
Minimum acreage
50 contiguous acres (VAD/EVAD)
Conservation agreement term
at least 10 years
Application review
60 days by advisory board
Appeal window
30 days to board of commissioners
EVAD nonfarm sales cap
up to 25% of gross sales

Summary

Buncombe County lets landowners enroll qualifying farmland in a Voluntary or Enhanced Voluntary Agricultural District, requiring at least 50 contiguous acres and a ten-year conservation agreement that blocks nonfarm development in exchange for zoning and assessment protections.

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

Certification as qualifying farmland. To secure county certification as a qualifying farmland, a farm must be: a. Used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903. b. Managed in accordance with the soil conservation service defined erosion control practices that are addressed to highly erodible land; and c. Subject of a conservation agreement... that prohibits nonfarm use or development of such land for a period of at least ten years... A VAD or EVAD shall consist of at least 50 contiguous acres of qualifying farmland or two or more qualifying farms consisting of a total of at least 50 acres and lying within one mile of each other.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Section 58-56 sets the eligibility and process for the county's Farmland Preservation Program. S. S. 160D-903, be managed under soil-conservation-service erosion control practices for highly erodible land, and be subject to a conservation agreement that bars nonfarm use or development for at least ten years, except for creating up to three lots that meet county and municipal zoning and subdivision rules. A Voluntary Agricultural District (VAD) or Enhanced Voluntary Agricultural District (EVAD) must consist of at least 50 contiguous acres of qualifying farmland, or two or more qualifying farms totaling at least 50 acres within one mile of each other.

Landowners apply to the county's agricultural advisory board or farmland preservation coordinator, and the application is routed to the planning department, tax assessor, and the Soil and Water Conservation District/NRCS office for evaluation within 30 days; the advisory board then has 60 days to decide, and a denial can be appealed in writing to the board of commissioners within 30 days, whose decision is final. Certified VAD/EVAD land is marked on county maps kept at the register of deeds, code enforcement, Soil and Water Conservation District, cooperative extension and land records offices.

EVAD land gets additional benefits under Sec. S. 160D-903 even while up to 25 percent of gross sales come from nonfarm products, plus a higher cost-share funding tier and a waiver of county utility assessments.

Violations & Fines

The program is enrollment-based rather than punitive; noncompliance results in loss of status, not a criminal penalty. Under Sec. 58-57, the advisory board may revoke a VAD conservation agreement for landowner noncompliance, which ends qualifying-farm status and VAD eligibility, subject to the same appeal rights as a denial under Sec. 58-56(a). An EVAD conservation agreement is irrevocable for ten years, and the county may pursue injunctive relief or damages in Buncombe County's General Court of Justice for a breach, plus permanently or temporarily terminate program benefits, and may seek attorney fees if the conservation agreement provides for them.

Frequently Asked Questions

How much land do I need to join Buncombe County's agricultural district program?
Section 58-56(a)(2)(b)(1) requires at least 50 contiguous acres of qualifying farmland, or two or more qualifying farms totaling at least 50 acres lying within one mile of each other, to form a VAD or EVAD.
What do I give up by enrolling my farmland in a VAD?
You sign a conservation agreement, reviewed by the agricultural advisory board, that bars nonfarm use or development of the land for at least ten years, with an exception allowing creation of up to three lots that meet county and municipal zoning and subdivision rules.
What happens if my VAD application is denied?
Section 58-56(a)(4) gives you 30 days from the denial to appeal in writing to the Buncombe County Board of Commissioners, whose decision on the appeal is final.

Sources & Official References

Other rules in Buncombe County

All Buncombe County rules

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