Nash County, NC Right to Farm: Farm Nuisance Protection (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.
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?
What proof does Nash County accept that a property is a real farm?
Does a backyard vegetable garden qualify for the farm noise exemption?
Is there other protection for Nash County farms besides the noise exemption?
Sources & Official References
Other rules in Nash County
Compare Nash County to another location·View the North Carolina right to farm overview
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