§ 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withdrawn under the provisions of this Part due to non-compliance with the terms of 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.