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Sampson 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

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.

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

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?
Enrollment itself doesn't grant lawsuit immunity under Sampson County's ordinance; it works through notice. The county records a title notice and posts roadside signs warning buyers and neighbors that farming, spraying, and machinery noise may occur day or night, per § 2-37-10.B, which is meant to head off nuisance conflicts before they start.
How many acres do I need to join?
A new Voluntary Agricultural District needs a minimum of 25 contiguous acres of qualified farmland, or you can combine two or more qualifying farms of at least 25 acres each if they sit within one mile of one another, under § 2-37-07.A(1).
Can the county force my enrolled farm to connect to county water or sewer?
No. Section 2-37-10.E waives mandatory water and sewer connection assessments for land inside a Voluntary Agricultural District; the assessment is held in abeyance without interest until the farm eventually connects to the system, protecting cash-strapped operations from paying for unused infrastructure.

Sources & Official References

Other rules in Sampson County

All Sampson County rules

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