Union County, NC Right to Farm: Farm Nuisance Protection (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.
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?
Where can I check if a property is near a protected agricultural district?
Can the county condemn land inside an agricultural district?
Sources & Official References
Other rules in Union County
Compare Union County to another location·View the North Carolina right to farm overview
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