GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

SESSION LAW 2013-347

SENATE BILL 505

AN ACT to clarify that the exemption from Zoning for a bona fide farm includes grain storage facilities.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A‑340(b) reads as rewritten:

"§ 153A‑340.  Grant of power.

…

(b)       (1)        These regulations may affect property used for bona fide farm purposes only as provided in subdivision (3) of this subsection. This subsection does not limit regulation under this Part with respect to the use of farm property for nonfarm purposes.

(2)        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 agriculture, as defined in G.S. 106‑581.1. For purposes of this subdivision, "when performed on the farm" in G.S. 106‑581.1(6) shall include the farm within the jurisdiction of the county and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located. For purposes of this subdivision, the production of a 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 subject to a conservation agreement under G.S. 106‑743.2 is a bona fide farm purpose. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

a.         A farm sales tax exemption certificate issued by the Department of Revenue.

b.         A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105‑277.3.

c.         A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

d.         A forest management plan.

e.         A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

(3)        The definitions set out in G.S. 106‑802 apply to this subdivision. A county may adopt zoning regulations governing swine farms served by animal waste management systems having a design capacity of 600,000 pounds steady state live weight (SSLW) or greater provided that the zoning regulations may not have the effect of excluding swine farms served by an animal waste management system having a design capacity of 600,000 pounds SSLW or greater from the entire zoning jurisdiction."

SECTION 2.  G.S. 106‑581.1 reads as rewritten:

"§ 106‑581.1.  Agriculture defined.

For purposes of this Article, the terms "agriculture", "agricultural", and "farming" refer to all of the following:

(1)        The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.

(2)        The planting and production of trees and timber.

(3)        Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing.

(4)        Aquaculture as defined in G.S. 106‑758.

(5)        The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation.

(6)        When performed on the farm, "agriculture", "agricultural", and "farming" also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm.

(7) A public or private grain warehouse or warehouse operation where grain is held 10 days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 16^th day of July, 2013.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:30 p.m. this 23^rd day of July, 2013