Davidson County, NC Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing chapter
- Ch. 153, Voluntary Agricultural District
- Adopted
- February 14, 2012
- Conservation agreement term
- 10 years, auto-renews
- Application review
- Advisory Board decides within 60 days
- Appeal window
- 30 days to Board of Commissioners
- Disclosure trigger
- farms within 1/2 mile on subdivision plans
Summary
Davidson County protects working farmland through its Voluntary Agricultural District Ordinance (Ch. 153), which lets qualifying farmland enroll for legal protection from encroaching non-farm development. Enrollment requires a ten-year conservation agreement barring non-farm use, and developers must disclose nearby enrolled farms on subdivision plans.
The purpose of this chapter is to promote agricultural values and the 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; and increase protection from non-farm development and other negative impacts on properly managed farms. ... (C) Is the subject of a conservation agreement, as defined in G.S. § 121-35, between the county and the owner of such land, that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county and municipal zoning and subdivision regulations.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-15: Supplement contains: Local legislation current through Ordinance passed 4-22-2024; and State legislation through 2023 North Carolina Legislative Service, Pamphlet No. 6).
Full Breakdown
Adopted February 14, 2012 under G.S. §§ 106-735 through 106-744 and G.S. Chapter 153A, the Voluntary Agricultural District Ordinance exists 'to promote agricultural values and the general welfare of the county...and increase protection from non-farm development and other negative impacts on properly managed farms' (§ 153.003). To qualify, farmland must be actively engaged in agriculture as defined by G.S. § 106-581.1 (shown through Present Use Value tax status, a farm sales-tax exemption certificate, a Schedule F filing, or a forest management plan), managed under Natural Resources Conservation Service erosion-control practices, and made subject to a recorded conservation agreement prohibiting non-farm use or development for at least ten years, except for up to three lots meeting county and municipal zoning and subdivision rules (§ 153.045).
A landowner applies to the county's Agricultural Advisory Board, which must act within 60 days after routing the application to the Tax Administrator, the Soil and Water Conservation District office, and the Natural Resources Conservation Service for comment; the Planning Department then confirms consistency with the county land development plan before the parcel is posted to the county GIS overlay (§ 153.055, § 153.056). Denials may be appealed to the Board of Commissioners within 30 days, whose decision is final (§ 153.057). Conservation agreements automatically renew for another ten years unless either side gives 30 days' written notice, and the Advisory Board may revoke enrollment only for landowner noncompliance (§ 153.065, § 153.066).
Developers of major subdivisions and planned unit developments must flag on preliminary plans any enrolled district land within one-half aerial mile of the proposed project, giving buyers advance notice they are locating near a protected farm (§ 153.095).
Violations & Fines
The ordinance itself imposes no fines; its protection operates through the conservation agreement and the required subdivision-plan disclosure rather than criminal or civil penalties. Where this chapter conflicts with another county ordinance, that other county ordinance controls, and any more restrictive federal or state statute overrides the chapter's requirements (§ 153.150). The county and its officers, employees, Advisory Board members and agents are immune from liability for good-faith acts under this chapter, and no cause of action arises from a title researcher's failure to report a tract's proximity to a qualifying farm or district (§ 153.086, § 153.087).
Frequently Asked Questions
How does joining Davidson County's Voluntary Agricultural District protect my farm?
What does my farmland need to qualify for the district?
How long does county approval take once I apply?
Can the county revoke my district enrollment?
Sources & Official References
Other rules in Davidson County
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