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Union 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

Program
Voluntary/Enhanced Agricultural District, Ch. 4 Art. II
Minimum district size
10 contiguous acres of qualified farmland
Non-farm sales cap
Up to 25% of gross sales, enhanced district
Zoning exemption authority
G.S. 153A-340(b) bona fide farm
Administering body
Union County Agricultural Advisory Board
Conservation agreement term
Minimum 10 years

Summary

Union County's Voluntary Agricultural District program lets landowners in an enhanced district sell up to 25 percent of gross sales as non-farm products and still keep bona fide farm status, which is exempt from county zoning under G.S. 153A-340(b). The Agricultural Advisory Board administers district enrollment and the conservation agreements that anchor the exemption.

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

Sale of non-farm products. Landowners participating in enhanced districts may receive up to 25 percent of gross sales from the sale of non-farm products and still qualify as a bona fide farm that is exempt from county zoning regulations under G.S. 153A-340(b). A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of non-farm products did not exceed 25 percent of its gross sales.

View official code

Full Breakdown

Union County's Voluntary Agricultural District (VAD) and Enhanced VAD program, Ch. 4 Art. ch. 106, art. 61 (Sec. 4-20) to protect farmland from non-farm development (Sec. 4-21). A nine-voting-member Agricultural Advisory Board, created by Sec. 4-23, reviews district applications. Under Sec. 4-24(a), a district or enhanced district needs a minimum of ten contiguous acres of qualified farmland, or two or more qualified farms grouped together. Certification requires enrollment in the present-use-value tax program and a conservation agreement of at least ten years barring non-farm development, except for up to three lots meeting county zoning and subdivision rules (Sec.

4-25). Sec. S. 153A-340(b), with the farmer bearing the burden of proving the 25 percent line wasn't crossed. Applications go to the advisory board chairman, are reviewed within 60 days, and denials can be appealed within ten days to the board for reconsideration, then within 30 days to the Board of Commissioners, whose decision is final (Sec. 4-26). Sec. S. 153A-122.

Violations & Fines

There's no penalty for using this exemption correctly; it's a protective classification, not a regulated activity. But a landowner whose non-farm product sales exceed 25 percent of gross sales in an enhanced district risks losing bona fide farm status and the zoning exemption that comes with it, since Sec. 4-29(1) puts the burden of proof on the farmer. Noncompliance with a conservation agreement can also trigger revocation under Sec. 4-27, ending district benefits and eligibility to participate.

Frequently Asked Questions

Does joining a voluntary agricultural district exempt my farm from county zoning?
Not by itself. Bona fide farms are already exempt from county zoning under state law, G.S. 153A-340(b). What the enhanced voluntary agricultural district under Sec. 4-29(1) adds is a cushion: landowners in an enhanced district can earn up to 25 percent of gross sales from non-farm products, such as a farm store or agritourism fees, and still keep that bona fide farm classification and zoning exemption.
How large does my farm have to be to join a district?
Union County requires a minimum of ten contiguous acres of qualified farmland, or two or more qualified farms grouped together, under Sec. 4-24(a). The land must also be enrolled in the present-use-value tax program or otherwise meet its qualifications, and be under a conservation agreement of at least ten years restricting non-farm development, per Sec. 4-25.
What happens if my district application is denied?
You have ten days to ask the Agricultural Advisory Board to reconsider in writing, per Sec. 4-26(c). If the board still denies the application, or denies it after reconsideration, you have 30 days to appeal in writing to the Union County Board of Commissioners, whose decision is final.

Sources & Official References

Other rules in Union County

Farm Nuisance ProtectionFew RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsNoise Ordinances: Aircraft NoiseFew RestrictionsNoise Ordinances: Leaf Blower RulesSome RestrictionsParking Rules: Abandoned VehiclesHeavy RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: EV ChargingLight Restrictions

All Union County rules

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