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Union County, NC Right to Farm: Farm Nuisance Protection (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Notice location
Union County Register of Deeds + Planning Office
Authorizing state law
G.S. 106-738, Voluntary Agricultural Districts
Ordinance source
Ord. of 9-21-2009, art. XV
GIS mapping
Union County GIS Office district layer
Signage
County manager may post roadway signs, Sec. 4-31(b)

Summary

Union County posts a notice at the Register of Deeds under Sec. 4-33(b) warning buyers that spraying, manure spreading, machinery, livestock and other farm activities in a voluntary agricultural district can happen any time of day or night, putting neighbors on notice before they buy nearby land.

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

Union County has established agricultural districts to protect and preserve agricultural lands and activities. These districts and enhanced 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 and enhanced districts any time during the day or night.

Full Breakdown

Sec. 4-33(a) makes it the Agricultural Advisory Board's duty to coordinate the county's agricultural district program with its land use planning and land use plan. Sec. 4-33(b) requires the county to post a standardized notice, sized for public display, at the Union County Register of Deeds and any other office the advisory board designates. That posted text tells prospective buyers that agricultural and forestry activities in a district, including pesticide spraying, manure spreading, machinery and truck operation, and livestock operations, are lawful at any hour.

C. Cooperative Extension Service, Register of Deeds, County Planning Office, or Natural Resources Conservation Service for district maps. Sec. 4-24(c) requires those maps to be displayed for public view at the Planning, Register of Deeds, and Cooperative Extension offices; Sec. 4-31 has the county GIS Office maintain a mapped district layer, and lets the county manager post roadway signs near districts (Sec. 4-31(b)). Sec. 4-31(c)-(d) shields the county and its officers from liability for good-faith errors in maintaining that information, and specifies that no cause of action arises from a title researcher's failure to report a tract's proximity to a district.

Violations & Fines

There's no fine or penalty tied to this section: it's a disclosure mechanism, not a restriction on landowners. The county faces no liability for good-faith errors or omissions in posting or mapping district information under Sec. 4-31(c), and Sec. 4-31(d) confirms no legal claim arises from a title search that fails to flag a nearby district. The protection this section offers is informational, not a standalone immunity from nuisance suits.

Frequently Asked Questions

Does the notice mean I can't sue a nearby farm for nuisance?
The posted notice under Sec. 4-33(b) tells prospective purchasers upfront that spraying, manure spreading, machinery and livestock noise can occur "any time during the day or night" in a voluntary agricultural district. It's a disclosure tool built into the county's farmland-preservation program, not a separate nuisance-immunity statute layered onto it.
Where can I check if a property is near a protected agricultural district?
Maps showing voluntary and enhanced agricultural districts are kept for public view at the Union County Planning Office, the Register of Deeds, and the County Office of N.C. Cooperative Extension, per Sec. 4-24(c). The Union County GIS Office also maintains a district layer, and the tax administrator's website flags parcels within a half-mile of a district.
Can the county condemn land inside an agricultural district?
Not without extra process. Sec. 4-30 requires any agency proposing to condemn land in a district to first ask the Agricultural Advisory Board for a public hearing, held within 20 days of the request, with the board reporting findings and recommendations within 30 days before condemnation can move forward.

Sources & Official References

Other rules in Union County

All Union County rules

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