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

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

Key Facts

Minimum district size
25 contiguous acres or 3 farms within ½ mile
Governing authority
G.S. 106-735 through 106-744 and G.S. Chapter 153A
Advisory Board size
7 to 9 members appointed by county commissioners
Application decision deadline
90 days after filing under § 3-91
Appeal window
30 days to Board of Commissioners; decision final
Conservation agreement term
10 years, automatically renews absent 30-day notice
Condemnation hearing cap
60 days from request to final report

Summary

Johnston County's Voluntary Agricultural District ordinance (County Code §§ 3-25 through 3-174) lets farmers with at least 25 contiguous acres, or three qualifying farms within a half mile of each other, enroll qualifying farmland in a county-recognized agricultural district. Enrolled farmland gets a formal public-hearing process before any government agency can condemn it, plus a recorded notice warning buyers the land sits near working farms.

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

In order to implement the purposes stated in section 3-27, this program provides for the creation of voluntary agricultural districts which meet the following standards: (1) The district shall contain a minimum of 25 contiguous acres of qualified farmland; or (2) The district shall contain three or more qualified farms within one-half mile of each other. ... Pursuant to G.S 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within the district until such agency or unit has requested the advisory board to hold a public hearing on the proposed condemnation.

Full Breakdown

S. S. Chapter 153A (§ 3-26). A seven-to-nine member Agricultural Advisory Board, appointed by the commissioners with input from the Soil and Water Conservation District, the USDA Natural Resources Conservation Service, the Farm Service Agency and the Johnston County Farm Bureau, reviews applications and administers the program (§§ 3-40, 3-41, 3-48). A district forms once qualifying farmland reaches 25 contiguous acres, or once three qualifying farms sit within a half mile of one another (§ 3-65); land already enrolled can stay in a district even if withdrawals drop it below that threshold, so long as one qualifying farm remains (§ 3-67).

S. 2, follows any required erosion-control practices, and is placed under a recorded conservation agreement barring non-farm development for at least ten years except for up to three lots that meet county zoning and subdivision rules (§ 3-75). The Advisory Board must approve or deny an application within 90 days after routing it to the Tax Assessor, the Soil and Water Conservation District and the USDA for comment (§ 3-91); a denied applicant has 30 days to appeal to the Board of Commissioners, whose decision is final (§ 3-92).

Conservation agreements run for ten years and renew automatically unless either side gives 30 days' written notice (§ 3-126). S. 106-740, no state or local agency may formally start condemnation of qualifying farmland inside a district until the Advisory Board holds a public hearing, reviews the project's need and alternatives, and issues findings within a total of 60 days (§§ 3-145, 3-146). Johnston County also records notice of district proximity in the land records system, with no county liability for good-faith errors in that notice (§ 3-160).

Violations & Fines

This is a voluntary program, not a penalty ordinance: joining or declining to join carries no fine. Noncompliance instead costs status. If a landowner breaches the conservation agreement, the Advisory Board may revoke it after the same 30-day notice and appeal procedure used for denials, and revocation strips the land of its qualifying-farm and district status (§ 3-125). A landowner may also voluntarily revoke the agreement at any time on 30 days' written notice (§ 3-125).

Frequently Asked Questions

How much land do I need to join a Johnston County voluntary agricultural district?
Johnston County Code § 3-65 sets two paths: the district needs a minimum of 25 contiguous acres of qualified farmland, or three or more qualifying farms located within a half mile of each other. Once formed, a district can keep its status even if later withdrawals drop it below that acreage, as long as one qualifying farm still participates under § 3-67.
How long does Johnston County take to approve or deny my application?
Under § 3-91, the Agricultural Advisory Board must meet within 90 days of your application to approve or deny it, after routing copies to the Tax Assessor, the Soil and Water Conservation District and the USDA Natural Resources Conservation Service for comment. The chairperson then notifies you by first-class mail of the board's decision.
Can I appeal if the county denies my voluntary agricultural district application?
Yes. Section 3-92 gives a denied applicant 30 days to file a written appeal with the Board of County Commissioners, and the commissioners' decision on that appeal is final. There is no further administrative review built into the ordinance, so gather your soil, USDA and conservation-agreement documentation before that hearing.
Does enrolling protect my farmland from being condemned by the county?
It adds a hearing requirement. Under G.S. 106-740 as applied in §§ 3-145 and 3-146, no state or local agency may formally start condemning qualifying farmland in a district until the Advisory Board holds a public hearing, reviews the project's need and alternatives, and reports findings, all within 60 days of the request. It does not bar condemnation outright, only delays and reviews it.
How long does a Johnston County conservation agreement last?
Ten years from execution, per § 3-126. The agreement then renews automatically for another ten-year term unless the Advisory Board or the landowner gives written notice at least 30 days before the term ends. A landowner who breaches the agreement's non-farm-use restriction can have it revoked following the same notice-and-appeal process used for application denials.

Sources & Official References

Other rules in Johnston County

All Johnston County rules

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