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

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

Key Facts

Exempt activities
scarecrows, dogs, firearms, propane cannons for pest control
Legal test
bona fide farm purposes (G.S. 106-581.1 agriculture definition)
Accepted proof
farm tax exemption, present-use value listing, Schedule F, forest plan
Ordinance
Nash County Code § 16-53(10)
Related program
Voluntary Agricultural Districts, Ch. 3, Art. II

Summary

Nash County's noise ordinance exempts sound coming from property used for bona fide farm purposes, so a working farm cannot be cited under the general nuisance ban for the noise of everyday agricultural operations. The exemption specifically covers traditional and modern pest-deterrence tools such as scarecrows, dogs, firearms and propane cannons used to protect crops and livestock, tying the definition of a farm to the state's broad agriculture statute rather than to the size or type of operation.

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

The following acts or activities are exempt from the provisions of this article: ... (10)Noises coming from property used for bona fide farm purposes. For purposes of this section, bona fide farm purposes include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1 (2020). Activities relating or incidental to the farm as used herein include the use of traditional and modern methods and technology to protect crops, livestock and all other farm products from wildlife and other animals and pests, and includes, without limitation, the use of scarecrows, fences, streamers, dogs, firearms, propane cannons and all other noise generating devices, when used to deter wildlife or other pests from damaging crops, livestock or otherwise interfering with the operation of the farm.

Full Breakdown

Section 16-53(10) of the Nash County Code lists noise from bona fide farm purposes among the activities exempt from Chapter 16, Article III's noise ordinance, which otherwise makes loud and raucous noise a public nuisance under § 16-51. S. 1's broad definition of agriculture, covering crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry and other forms of agriculture. It expressly reaches activities incidental to farming, including the use of traditional and modern methods and technology to protect crops, livestock and farm products from wildlife and pests, without limitation the use of scarecrows, fences, streamers, dogs, firearms and propane cannons.

The ordinance sets out four kinds of evidence the county will accept, though none is required alone, to show a property is being used for bona fide farm purposes: a farm sales tax exemption certificate from the Department of Revenue, a property tax listing showing enrollment in the present-use value program, the owner's or operator's Schedule F from a recent federal tax return, or a forest management plan. Separately, Nash County's Voluntary Agricultural District program, Chapter 3, Article II, states as one of its purposes decreasing the likelihood of nuisance disputes between farm owners and their neighbors, and county-certified VAD or enhanced VAD farmland carries additional protections under that article, including notice requirements and a public hearing process before any local agency can condemn qualifying farmland.

Violations & Fines

If a property does not meet the bona fide farm purposes test, its noise is not exempt and falls under the ordinary noise enforcement of § 16-50: a warning first, then a criminal citation (Class 3 misdemeanor, $250 first offense, $500 for each later violation within 12 months) or a $250 civil penalty rising to $500 for repeat violations, plus a $50 delinquency charge for late payment.

Frequently Asked Questions

Can neighbors file a noise complaint against a working farm in Nash County?
They can complain, but § 16-53(10) exempts noise from property used for bona fide farm purposes from the county's noise ordinance, so a qualifying farm cannot be cited under § 16-51 for ordinary agricultural noise, including the use of propane cannons, dogs or firearms to deter wildlife from crops.
What proof does Nash County accept that a property is a real farm?
Any one of four documents is treated as sufficient evidence: a Department of Revenue farm sales tax exemption certificate, a property tax listing showing present-use value enrollment, a recent federal Schedule F, or a forest management plan, though none is required to be the sole proof under § 16-53(10).
Does a backyard vegetable garden qualify for the farm noise exemption?
Not automatically. The exemption applies to bona fide farm purposes as defined by G.S. 106-581.1's agriculture definition, which the ordinance ties to activities like crop, livestock, dairy and poultry production, not casual gardening, and the county looks to tax or federal filing evidence to confirm the use.
Is there other protection for Nash County farms besides the noise exemption?
Yes. The county's Voluntary Agricultural District program under Chapter 3, Article II lists decreasing nuisance disputes between farm owners and neighbors as a stated purpose, and certified VAD or enhanced VAD farmland gets additional notice and public-hearing protection before a local agency can condemn it.

Sources & Official References

Other rules in Nash County

All Nash County rules

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