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

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

Key Facts

Governing chapter
Ch. 153, Voluntary Agricultural District
Adopted
February 14, 2012
Conservation agreement term
10 years, auto-renews
Application review
Advisory Board decides within 60 days
Appeal window
30 days to Board of Commissioners
Disclosure trigger
farms within 1/2 mile on subdivision plans

Summary

Davidson County protects working farmland through its Voluntary Agricultural District Ordinance (Ch. 153), which lets qualifying farmland enroll for legal protection from encroaching non-farm development. Enrollment requires a ten-year conservation agreement barring non-farm use, and developers must disclose nearby enrolled farms on subdivision plans.

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

The purpose of this chapter is to promote agricultural values and the general welfare of the county, and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture; and increase protection from non-farm development and other negative impacts on properly managed farms. ... (C) Is the subject of a conservation agreement, as defined in G.S. § 121-35, between the county and the owner of such land, that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county and municipal zoning and subdivision regulations.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-15: Supplement contains: Local legislation current through Ordinance passed 4-22-2024; and State legislation through 2023 North Carolina Legislative Service, Pamphlet No. 6).

Full Breakdown

S. 003). 045). 056). 057). 066). 095).

Violations & Fines

The ordinance itself imposes no fines; its protection operates through the conservation agreement and the required subdivision-plan disclosure rather than criminal or civil penalties. Where this chapter conflicts with another county ordinance, that other county ordinance controls, and any more restrictive federal or state statute overrides the chapter's requirements (§ 153.150). The county and its officers, employees, Advisory Board members and agents are immune from liability for good-faith acts under this chapter, and no cause of action arises from a title researcher's failure to report a tract's proximity to a qualifying farm or district (§ 153.086, § 153.087).

Frequently Asked Questions

How does joining Davidson County's Voluntary Agricultural District protect my farm?
Enrolling puts your land under a recorded conservation agreement that bars non-farm use or development for at least ten years, per § 153.045(C), and forces developers of nearby major subdivisions to disclose your farm's proximity on their preliminary plans under § 153.095, discouraging conflicts with new neighbors.
What does my farmland need to qualify for the district?
It must actively engage in agriculture as defined by G.S. § 106-581.1, proven with Present Use Value tax records, a farm sales-tax exemption certificate, a Schedule F, or a forest management plan, follow NRCS erosion-control practices, and be placed under a ten-year conservation agreement, per § 153.045.
How long does county approval take once I apply?
The Agricultural Advisory Board must meet within 60 days of receiving your application to approve or deny it, after routing it to the Tax Administrator, Soil and Water Conservation District, and Natural Resources Conservation Service for comment, per § 153.056.
Can the county revoke my district enrollment?
Only for your noncompliance, or you may revoke it yourself with 30 days' written notice to the Advisory Board; absent noncompliance, neither the Board nor the Board of Commissioners can end the agreement before its term expires, per § 153.065.

Sources & Official References

Other rules in Davidson County

All Davidson County rules

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