Sampson County, NC Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Minimum district size
- 25 contiguous acres, or two farms within one mile
- Conservation agreement term
- At least 10 years, bars non-farm development
- Enrolling authority
- Seven-member Sampson County Agricultural Board
- Application decision
- Board acts within 30 days if possible
- Appeal deadline
- 30 days to Board of Commissioners, decision final
- Water/sewer benefit
- Assessments held in abeyance without interest
Summary
Sampson County's Voluntary Agricultural Districts Ordinance, County Code § 2-37, lets farmland owners in unincorporated Sampson County enroll qualifying farms in an agricultural district. Enrollment requires a present-use-value tax certification, NRCS soil verification, and a 10-year conservation agreement, and gives farms notice-based protection from nuisance conflicts, water/sewer assessment waivers, and a voice before County-funded projects convert district land to non-farm use.
The purpose of this program ordinance is to promote the health, safety, rural agricultural values, and general welfare of the County, and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture; increase protection from non-farm development; and increase the protection of farms from suits and other negative impacts on properly managed farms. ... (1) The district, when initially established, shall contain a minimum of 25 contiguous acres of qualified farmland, OR, two or more qualified farms which contain a minimum of 25 acres and are located within one mile of each other;
Full Breakdown
Under Sampson County Code § 2-37, adopted under N.C. General Statutes 106-735 through 106-743, the Board of Commissioners created a Voluntary Agricultural Districts program covering the unincorporated area within the county's five school districts. To qualify, farmland must participate in the present-use-value taxation program under G.S. 105-277.2 through 105-277.7, or otherwise meet those standards, and the U.S. Department of Agriculture's Natural Resources Conservation Service must certify that at least two-thirds of the land carries soils suited to crop or forestry production. The owner also signs a conservation agreement barring non-farm development for at least ten years, with an exception for up to three lots that meet County subdivision rules.
A new district needs a minimum of 25 contiguous acres of qualified farmland, or two or more qualifying farms of at least 25 acres within a mile of each other. Applications go to the chairman of the seven-member Agricultural Board or designated staff; the Board tries to act within 30 days and notifies applicants by first-class mail, with a copy forwarded to the County Manager, Tax Assessor and Planning Board for comment. A denied applicant has 30 days to appeal in writing to the Board of Commissioners, whose decision is final.
Once enrolled, the county posts notice in land records and at the Register of Deeds warning buyers that farming, spraying, manure spreading and machinery operation may occur any time of day or night, and district farms are exempt from mandatory water and sewer connection assessments, held in abeyance without interest until the property connects. Developers of major subdivisions within a half mile of a district must show it on their preliminary plans, and the county cannot spend money to convert district land to non-farm use without first showing the Agricultural Board it considered alternatives.
Violations & Fines
There is no fine for farming inside a district; the program is protective, not punitive. Under § 2-37-08, the Agricultural Board can revoke a landowner's conservation agreement for noncompliance, and a landowner may revoke it voluntarily by written notice. Revocation strips the parcel of qualifying-farm status and district membership and its benefits, though present-use-value tax treatment under G.S. 105-277.2 continues unaffected. Removing part of a district does not disqualify the remaining qualified farms from staying enrolled.
Frequently Asked Questions
Does enrolling in a Voluntary Agricultural District exempt my farm from nuisance lawsuits?
How many acres do I need to join?
Can the county force my enrolled farm to connect to county water or sewer?
Sources & Official References
Other rules in Sampson County
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