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

Sec. 3-7 governs the enhanced voluntary agricultural district (EVAD) created by Lee County's 2025 farmland preservation ordinance and ties directly into county zoning administration. Under Sec. 3-7(c)(1), property subject to an EVAD conservation agreement under G.S. 106-743.2 may derive up to 25 percent of its gross sales from nonfarm products and still qualify as a bona fide farm exempt from zoning regulation under G.S. 160D-903, though the farmer bears the burden of proving nonfarm sales stayed under that cap. Sec. 3-7(c)(2) and (3) add that EVAD land remains eligible for higher-percentage agriculture cost-share funds and priority state grant consideration, benefits tied specifically to keeping the conservation agreement in force for its ten-year term.

On the land-use planning side, Sec. 3-14 requires that major and minor subdivisions disclose on their final plats the existence of any voluntary or enhanced voluntary agricultural district located within one-half aerial mile of the proposed development, so the county's subdivision and zoning review cannot approve a plat next to protected farmland without flagging it. Sec. 3-15 further directs the Agricultural Advisory Board to coordinate district formation with the county's land-use planning activities and any adopted land-use plan. Together these sections mean unincorporated Lee County treats agricultural zoning exemption and subdivision-review disclosure as linked: the exemption from zoning protects the farm's bona fide status, and the plat-disclosure rule protects future neighbors and buyers from being blindsided.