Gaston County, NC Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Core exemption
- UDO § 3.1, farms exempt from ordinance
- Zoning exemption detail
- UDO § 8.4.26.B, all zoning requirements waived
- Multiple structures
- Allowed without a principal structure (§ 8.4.26.C-D)
- Height limit that survives
- Residential structures follow underlying district (§ 8.4.26.E)
- Produce stands
- Permitted in any zoning district (§ 8.4.26.F)
- Non-farm use on farm
- Still regulated under § 3.1
Summary
Gaston County's Unified Development Ordinance does not apply to bona fide farms or agricultural/farm buildings under UDO § 3.1. Section 8.4.26 spells out the exemption: qualifying farms skip all zoning requirements, may keep more than one principal structure, and can run a produce stand in any zoning district.
Sec. 3.1 - Bona Fide Farms exempt. This Ordinance shall not apply to bona fide farms (as defined) or agricultural/farm buildings (as defined), except that non-farm uses on farms may be regulated in this Ordinance. ... Sec. 8.4.26 - Bona fide farms. Bona fide farms shall be permitted in accordance with the Table of Uses (Table 7.1-1), subject to the following: A.The use shall meet the definition of a bona fide farm.B.Bona fide farming uses shall be exempt from all zoning requirements in this UDO.C.Bona fide farms shall be permitted to have more than one principal structure.D.Bona fide farms shall be permitted to have accessory structures without a principal structure.E.The maximum height of residential structures shall conform to the underlying district requirements.F.Produce stands shall be permitted in conjunction with any bona fide farming use, regardless of whether the produce stand is allowed in the underlying zoning district.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 58 | Unified Development Ordinance: Supplement 3).
Full Breakdown
1, in Chapter 3, Applicability, states flatly that the ordinance does not apply to bona fide farms or to agricultural and farm buildings as defined, though non-farm uses located on a farm may still be regulated. 26 fills in the mechanics for uses listed on the Table of Uses: a use must first meet the ordinance's definition of a bona fide farm, which the UDO's definitions table ties to North Carolina General Statutes beginning at NCGS 160D-903. Once qualified, bona fide farming uses are exempt from all zoning requirements in the UDO, may have more than one principal structure on the tract, and may have accessory structures without any principal structure present at all.
Two limits survive the exemption: the maximum height of any residential structure on the farm must still conform to the underlying zoning district's requirements, and a produce stand tied to the farming use is allowed in any zoning district regardless of whether stands are otherwise permitted there, as long as its parking stays off the public right-of-way. S. 153A-340(b) (§ 13-60(1)).
Violations & Fines
The exemption is self-executing rather than permit-based, so there is no fine tied to § 3.1 or § 8.4.26 themselves. A structure or use that does not meet the bona fide farm definition, or a non-farm use placed on farmland, loses the exemption and must instead comply with the full zoning requirements, including permitting, of the underlying district, per § 3.1's own carve-out for non-farm uses.
Frequently Asked Questions
Does Gaston County zoning apply to my farm?
Can I build more than one house on my Gaston County farm?
Can I run a produce stand on my Gaston County farm no matter how the land is zoned?
What counts as a 'bona fide farm' in Gaston County?
Sources & Official References
Other rules in Gaston County
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