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Wayne 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

Program
Voluntary Agricultural District, Ch. 6 Art. II
Minimum acreage
100 contiguous acres or 3 tracts within 1/2 mile
Governing board
7-member Agricultural Advisory Board, one per region
Application review
Advisory Board must act within 60 days
Appeal window
30 days to Board of Commissioners, final
State authority
G.S. 106-735 through 106-744

Summary

Wayne County protects working farmland through a Voluntary Agricultural District program administered by a seven-member Agricultural Advisory Board under Chapter 6, Article II. Landowners with at least 100 contiguous qualifying acres can enroll, and posted notices warn buyers that pesticide spraying, manure spreading and other farm operations can occur any time of day or night.

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

The county has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be obtained from the county planning office.

Full Breakdown

S. S. Chapter 153A. The county is divided into six regions built from its townships, including Great Swamp, Buck Swamp and Fork; Nahunta, Pikeville and Stoney Creek; and Goldsboro, Saulston and New Hope, and every enrolled tract belongs to the region where its acreage falls. A new district must start with at least 100 contiguous acres of qualifying farmland, or three or more qualified tracts within a half mile of each other totaling at least 100 acres. To certify as qualifying farmland, an owner must be enrolled in the state present-use-value taxation program, hold Natural Resources Conservation Service certification that at least two-thirds of the land carries prime agricultural soils, follow erosion-control practices on any highly erodible acreage, and sign a ten-year conservation agreement barring non-farm development except for up to three lots that meet county zoning and subdivision rules.

Landowners apply to the seven-member Agricultural Advisory Board, which includes one representative per region plus an at-large member; the board must act within 60 days of the application, after routing it to the cooperative extension office, tax assessor, NRCS, county manager and planning department for comment, and after holding a public hearing advertised weekly for two consecutive weeks. The Board of Commissioners sets the enrollment fee, which must accompany the application. Once enrolled, the county posts notice at the register of deeds warning buyers that farm and forestry activity, including pesticide spraying and manure spreading, can occur in the district at any hour, and public agencies must request an Advisory Board hearing before condemning any interest in qualifying farmland inside a district.

Violations & Fines

There is no direct fine for outside parties; enforcement runs through the landowner's conservation agreement. The Advisory Board may revoke a landowner's preservation agreement for noncompliance, which strips qualifying-farm status and district eligibility; the landowner gets at least ten days' notice before a revocation meeting. A denied application or a revocation may be appealed in writing to the Board of Commissioners within 30 days of mailing, and its decision is final.

Frequently Asked Questions

How much land does a Wayne County agricultural district require?
A new Voluntary Agricultural District must start with at least 100 contiguous acres of certified qualifying farmland, or three or more qualified tracts within a half mile of each other that together total at least 100 acres, under Wayne County Code § 6-23. The county tax office must also identify the tract as agricultural before it can be certified.
Who reviews applications to join a Wayne County agricultural district?
The seven-member Wayne County Agricultural Advisory Board reviews applications, with one member representing each of the county's six regions plus an at-large seat. Under Wayne County Code § 6-25, the board must vote within 60 days of application, after circulating it to the cooperative extension office, tax assessor, NRCS, county manager and planning department for comment.
Does joining protect a farm from being condemned?
Yes. Wayne County Code § 6-27 requires any state or local agency to ask the Agricultural Advisory Board for a public hearing before formally initiating condemnation of any interest in qualifying farmland inside a district, and the county will not allow condemnation to proceed while that review is pending.
Can a landowner leave the district?
A landowner can revoke the preservation agreement by written notice to the Advisory Board, or the board can revoke it for noncompliance after at least ten days' notice of the meeting, per Wayne County Code § 6-26. Either type of revocation can be appealed in writing to the Board of Commissioners within 30 days, and that decision is final.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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