Article VIII – Agricultural Districts
Part Two - Enhanced Voluntary Agricultural Districts
§
45-40. Purpose
The purposed of Enhanced Voluntary Agricultural Districts is to provide, pursuant to N.C.G.S. §106-743.1
et seq., all the benefits to the County of Voluntary Agricultural Districts under Part 1 of this Article, with
additional benefits to the County and to its farmland beyond that available in a voluntary agricultural
district established under Part 2 of this Article, when the owner of the farmland agrees to the condition
imposed hereunder.
A.
Enhanced Voluntary Agricultural Districts must meet all the requirements of Part1 of 
this Article.
B.
Landowners who desire inclusion of their land in an Enhanced Voluntary Agricultural District
must not only meet all the requirements of Part 1 of this Article, but must also enter into an
irrevocable agricultural easement and conservation agreement (pursuant to N.C.G.S. §121-35)
for a term of 10 years with Henderson County through its Agricultural Advisory Board, as
specified below.   Such easement shall contain a provision that at its expiration the easement
automatically renews for subsequent 3 year periods unless either party gives the other written
notice prior to such expiration to Henderson County and its Agricultural Advisory Board.
C.
The form of the agreement required under A., above, shall be approved by the Henderson
County Agricultural Advisory Board, and shall meet the requirements of N.C.G.S.  §106-
§ 45-42. Membership on Agricultural Advisory Board
Enhanced Voluntary Agricultural Districts established within the County shall be entitled to a
representative on the Henderson County Agricultural Advisory Board, pursuant to N.C.G.S. §106-743.1(a)
§ 45-43. Benefits
A.
The benefits set forth in this Part shall be available to the farmland that is the subject 
of the conservation agreement for the duration of the easement and conservation 
agreement and for so long as the benefits of such agreement have not been 
withdrawn under the provisions of this Part due to non-compliance with the terms of 
such easement and conservation agreement.
B.
Property that is subject to a conservation agreement under N.C.G.S. 106-743.2 that 
remains in effect may receive up to 25 percent of its gross sales from the sale of  
nonfarm products and still qualify as a bona fide farm that is exempt from zoning 
regulations under N.C.G.S. 153A-340(b). For purposes of N.C.G.S. 153A-340(b), 
the production of any nonfarm product that the Department of Agriculture and Consumer
Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a
farm that is subject to a conservation agreement under N.C.G.S. 106-743.2 is a bona fide farm
purpose. A farmer seeking to benefit from this subsection shall have the burden of 
establishing that the property's sale of nonfarm products did not exceed 25 percent of its gross
sales. A county may adopt an ordinance pursuant to this section that sets forth the standards
necessary for proof of compliance.  Nothing in this section shall affect the county's authority
to zone swine farms pursuant to N.C.G.S. §153A-340(b) (3).
C.
Pursuant to N.C.G.S. 106-743.4 (b),  a person who farms land that is subject to a conservation
agreement under N.C. G. S. §106-743.2 that remains in effect is eligible under N.CG.S.
Chapter 160, Article 72 to receive the higher percentage of cost-share funds for the benefit of
that farmland under the Agriculture Cost Share Program established pursuant to N.C.G.S
Chapter 143, Article 21, Part 9, for funds to benefit that farmland.
D.
All assessments for utilities provided by Henderson County are held in abeyance, without
interest, for farmland subject to a conservation agreement under N.C.G.S.§106-743.2 that
remains in effect until improvements on the farmland property are connected to the utility for
which the assessment was made.  When the period of abeyance ends, such assessment is 
payable in accordance with the terms of the assessment resolution.  Pursuant to N.C.G.S.
  
§106-743.5(c), statutes of limitations are suspended during the time that any assessment is
held in abeyance under this section without interest.
§ 45-44. Notice
Enhanced voluntary agricultural districts shall be marked on County maps listed in §45-27.
§ 45-45. Education
The Henderson County Agricultural Advisory Board shall encourage the formation of the Districts and
Enhanced Districts and to further their purposes and objectives, including the implementation of a public
information program to reasonably inform landowners of the agricultural district program.
§ 45-46. Through 45-49. (Reserved)