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

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

Key Facts

Legal basis
G.S. 106-735 to 106-744, Ch. 153A (Sec. 22-1)
Minimum enrollment size
5 acres in agricultural production (Sec. 22-4(a)(1))
Conservation term
10-year bar on nonfarm use (Sec. 22-5(a)(3))
Rezoning shield
45-day hearing + 120-day wait before condemnation (Sec. 22-8)
Governing board
7-member Agricultural Advisory Board (Sec. 22-3(b))
Covered towns
Unincorporated county, Tobaccoville, Lewisville

Summary

Forsyth County's Voluntary Agricultural District program, Code Chapter 22, exists in part to cut down nuisance suits between farmers and their neighbors. Sec. 22-2 states the district system is meant to decrease legal disputes and shield properly managed farms from non-farm development pressure, and Sec. 22-5 requires enrolled land to carry a ten-year conservation agreement barring nonfarm use.

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

Voluntary agricultural districts 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; decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors; encourage the economic and financial health of agriculture; and increase protection from non-farm development and other negative impacts on properly managed farms within the unincorporated areas of the county, the Village of Tobaccoville, and the Town of Lewisville.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 68).

Full Breakdown

Sec. S. 106-735 through 106-744) and in Chapter 153A. Sec. 22-2 states the district system's purpose plainly: it exists to decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, and to increase protection from non-farm development and other negative impacts on properly managed farms in the unincorporated county, the Village of Tobaccoville, and the Town of Lewisville. Sec. 22-3 creates a seven-member Agricultural Advisory Board, at least four of whom must actively farm in the county, to run the program and rule on applications.

To qualify land for a district, Sec. 22-4 requires a minimum five-acre tract in agricultural production, and Sec. S. S. 160D-903, managed under Natural Resources Conservation Service erosion-control practices, and covered by a conservation agreement barring nonfarm use or development for at least ten years, with a narrow exception for up to three lots meeting zoning and subdivision rules. Sec. 22-8 gives enrolled farms a procedural shield against condemnation or rezoning: any agency wanting to condemn or rezone land in a district must first ask the advisory board for a public hearing, wait up to 45 days for its findings, and then wait a further 120 days before formally initiating the action.

Sec. 22-9 requires the county's land records to flag every parcel within one-half mile of a district and to post signage along district roads at least every two miles.

Violations & Fines

There's no criminal or civil fine tied to Chapter 22 itself; the consequence runs the other way. A landowner who breaches the conservation agreement can have the advisory board revoke it under Sec. 22-7(a), which strips the parcel of qualifying-farm status and removes it from the district. If enough participants withdraw and the district falls below five acres or becomes noncontiguous, Sec. 22-4(c) dissolves the district entirely.

Frequently Asked Questions

Does enrolling in a Forsyth County Voluntary Agricultural District stop a neighbor's nuisance lawsuit?
The program is built to reduce that risk. Sec. 22-2 states its purpose includes decreasing the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, and Sec. 22-9 requires the county to flag every parcel within a half mile of a district in its land records, putting buyers and neighbors on notice before they move in.
How much land does a farm need to join a Forsyth County Voluntary Agricultural District?
At least five acres in agricultural production, per Sec. 22-4(a)(1), plus a conservation agreement under Sec. 22-5 that bars nonfarm use or development of the land for at least ten years, with only a narrow exception for creating up to three lots that meet zoning and subdivision rules.
Can the government condemn or rezone land in a Forsyth County agricultural district?
Not immediately. Sec. 22-8 requires the agency to first ask the Agricultural Advisory Board for a public hearing, gives the board 45 days to report findings, and then imposes a further 120-day wait after that report before the agency can formally start a condemnation or rezoning action.

Sources & Official References

Other rules in Forsyth County

All Forsyth County rules

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