Forsyth County, NC Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Legal basis
- G.S. 106-735 to 106-744, Ch. 153A (Sec. 22-1)
- Minimum enrollment size
- 5 acres in agricultural production (Sec. 22-4(a)(1))
- Conservation term
- 10-year bar on nonfarm use (Sec. 22-5(a)(3))
- Rezoning shield
- 45-day hearing + 120-day wait before condemnation (Sec. 22-8)
- Governing board
- 7-member Agricultural Advisory Board (Sec. 22-3(b))
- Covered towns
- Unincorporated county, Tobaccoville, Lewisville
Summary
Forsyth County's Voluntary Agricultural District program, Code Chapter 22, exists in part to cut down nuisance suits between farmers and their neighbors. Sec. 22-2 states the district system is meant to decrease legal disputes and shield properly managed farms from non-farm development pressure, and Sec. 22-5 requires enrolled land to carry a ten-year conservation agreement barring nonfarm use.
Voluntary agricultural districts 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; decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors; encourage the economic and financial health of agriculture; and increase protection from non-farm development and other negative impacts on properly managed farms within the unincorporated areas of the county, the Village of Tobaccoville, and the Town of Lewisville.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 68).
Full Breakdown
Sec. S. 106-735 through 106-744) and in Chapter 153A. Sec. 22-2 states the district system's purpose plainly: it exists to decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, and to increase protection from non-farm development and other negative impacts on properly managed farms in the unincorporated county, the Village of Tobaccoville, and the Town of Lewisville. Sec. 22-3 creates a seven-member Agricultural Advisory Board, at least four of whom must actively farm in the county, to run the program and rule on applications.
To qualify land for a district, Sec. 22-4 requires a minimum five-acre tract in agricultural production, and Sec. S. S. 160D-903, managed under Natural Resources Conservation Service erosion-control practices, and covered by a conservation agreement barring nonfarm use or development for at least ten years, with a narrow exception for up to three lots meeting zoning and subdivision rules. Sec. 22-8 gives enrolled farms a procedural shield against condemnation or rezoning: any agency wanting to condemn or rezone land in a district must first ask the advisory board for a public hearing, wait up to 45 days for its findings, and then wait a further 120 days before formally initiating the action.
Sec. 22-9 requires the county's land records to flag every parcel within one-half mile of a district and to post signage along district roads at least every two miles.
Violations & Fines
There's no criminal or civil fine tied to Chapter 22 itself; the consequence runs the other way. A landowner who breaches the conservation agreement can have the advisory board revoke it under Sec. 22-7(a), which strips the parcel of qualifying-farm status and removes it from the district. If enough participants withdraw and the district falls below five acres or becomes noncontiguous, Sec. 22-4(c) dissolves the district entirely.
Frequently Asked Questions
Does enrolling in a Forsyth County Voluntary Agricultural District stop a neighbor's nuisance lawsuit?
How much land does a farm need to join a Forsyth County Voluntary Agricultural District?
Can the government condemn or rezone land in a Forsyth County agricultural district?
Sources & Official References
Other rules in Forsyth County
Compare Forsyth County to another location·View the North Carolina right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.