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Article VIII – Agricultural District
Part Three – Procedures
§
45-50. Procedures
The Henderson County Agricultural Advisory Board shall adopt procedures, based upon the
model procedures promulgated by North Carolina State University College of Agriculture & Life
Sciences, for both voluntary and enhanced voluntary agriculture districts for the following:
A.
Application
B.
Approval of Agriculture Easement and Conservation Agreement terms.  Such
agreement to sustain, encourage, and promote agriculture must be executed by the
landowner and recorded with the Advisory Board and with the Henderson County
Register of Deeds.  Permitted uses for the land subject to such Easement and
Conservation Agreement include agriculture, horticulture, forestry, and outdoor
recreation.  The Easement and Conservation Agreement for the Enhanced Voluntary
Agricultural District shall be binding upon all successors in interest to the landowner
according to its terms, except for successors in interest resulting from the exercise of
rights under a security interest or lien that preceded the Easement and Conservation
Agreement.
C.
Enforcement, including methods for determining compliance and for revocation by
the County for non-compliance.
§ 45-51. Condemnation of Qualifying Farmland
A.
Pursuant to N.C.G.S. §106-740, Henderson County may not formally initiate any
action to condemn any interest in qualifying farmland within a District until it has
requested the Henderson County Advisory Board to hold a public hearing on the
proposed condemnation.
B.
Procedure
(1)
Upon receiving a request, the Henderson County Advisory Board shall 
publish notice describing the proposed action in the newspaper of record
within Henderson County within 5 business days of the request, and 
will in the same notice notify the public of a public hearing on the proposed
condemnation, to be held within 10 days of receipt of the request.
(2)
The Advisory Board shall meet to review:
a.
Whether the need for the project has been satisfactorily established
by the agency or unit of government involved, including a review
of any fiscal impact analysis conducted by the agency involved;
and
b.  
Whether there are alternatives to the proposed action that have less
impact and are less disruptive to the agricultural activities of the
District within which the proposed action is to take place.
(3)
The Advisory Board shall consult with the County Agricultural Extension
Agent, the Natural Resources Conservation Service District 
Conservationist, and any other individuals, agencies, or organizations 
deemed by the Advisory Board to be necessary for its review of the 
proposed action.
(4)
Within 5 days after the hearing, the Advisory Board shall make a 
report containing its findings and recommendations regarding the proposed
action.  The report shall be made available to the public prior to its being
conveyed to the decision-making body of the agency proposing the 
acquisition.
(5)
There will be a period of 10 days allowed for public comment on the 
report of the Advisory Board.
(6)
After the 10 day period for public comment has expired, the Advisory 
Board shall submit a final report containing all of its findings and 
  
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recommendations regarding the proposed action to the decision making
body of the agency proposing the acquisition.
(7)
The total time period, from the day that a request for a hearing has been
received to the day that a final report is issued to the decision making body
of the agency proposing the acquisition, shall not exceed 30 days.  If 
the agency agrees to an extension, the agency and the Advisory Board shall
mutually agree upon a schedule to be set forth in writing and made available
to the public.
(8)
Pursuant to N.C.G.S. §106-740, the Board of Commissioners may not 
permit any formal initiation of condemnation by local agencies while the
proposed condemnation is properly before the Advisory Board.
§ 45-52.Through 45-75. (Reserved)