North Carolina Statewide Rule
North Carolina Agricultural Zoning Protection Rules
Key Facts
- NCGS 160D-903 exempts
- NCGS 160D-903 exempts bona fide farms from county zoning
- Multiple ways to
- Multiple ways to qualify as a bona fide farm
- Cities retain zoning
- Cities retain zoning power within municipal limits
- Voluntary Agricultural Districts
- Voluntary Agricultural Districts add extra protection
Summary
North Carolina limits county zoning of bona fide farms under NCGS 160D-903, exempting most agricultural activities on qualifying farms from county zoning regulation.
(a) Bona Fide Farming Exempt From County Zoning. - County zoning regulations may not affect property used for bona fide farm purposes; provided, however, that this section does not limit zoning regulation with respect to the use of farm property for nonfarm purposes. Except as provided in G.S. 106-743.4 for farms that are subject to a conservation agreement under G.S. 106-743.2, 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. Activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation.
Full Breakdown
NCGS 160D-903 (formerly 153A-340) exempts bona fide farm purposes from county zoning regulations on properties used for activities such as crop production, livestock, horticulture, aquaculture, and farm-related sales of products produced on the farm. A property qualifies as a bona fide farm if it has a farm sales tax exemption, present-use value classification, farmer identification number, agricultural assessment, or similar evidence. Cities retain authority to zone within municipal limits, but county zoning generally cannot prohibit qualifying farm activities. Voluntary Agricultural Districts under NCGS 106-735 add further notice and protection.
Violations & Penalties
County zoning enforcement against bona fide farm activities is unauthorized; affected farmers may seek injunctive relief and challenge enforcement actions.
Frequently Asked Questions
Can a North Carolina county zone a working farm out of existence?
Do farms inside city limits have the same protection?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.