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

Adopted August 20, 2001 under authority of N.C. Gen. Stat. 106-735 through 106-743, the ordinance states its purpose is to increase identity and pride in the agricultural community, encourage the economic and financial health of agriculture, increase protection from non-farm development, and increase the protection of farms from suits and other negative impacts on properly managed farms (Sec. 2-37-03). Districts follow the boundaries of the county's five school districts and cover all unincorporated areas within them (Sec. 2-37-04). To qualify, a farm must be real property enrolled in the present-use-value taxation program, meet USDA/NRCS soil or active-use criteria, and be the subject of a conservation agreement barring non-farm development for at least ten years, except for up to three lots that meet county subdivision and watershed rules (Sec.

2-37-06.A). A district must contain a minimum of 25 contiguous acres of qualified farmland, or two or more qualified farms of at least 25 acres located within one mile of each other (Sec. 2-37-07.A(1)). The seven-member Agricultural Board, appointed by the Board of Commissioners, reviews and approves district applications within 30 days where possible, and denials may be appealed in writing to the Board of Commissioners within 30 days (Sec. 2-37-07.C, 2-37-07.D). The County posts roadside signs identifying districts, records a title notice within one-half aerial mile of any district, and displays a purchaser notice at the Register of Deeds and Tax Department warning that farming activity, spraying, manure spreading, and machinery operation may occur any time of day or night (Sec.

2-37-10.B). Landowners in a district are exempt from water and sewer assessments while unconnected (Sec. 2-37-10.E). No cause of action or county liability arises from a title researcher's failure to discover district proximity (Sec. 2-37-10.B(3)-(4)).