GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 168

 

 

Short Title:        Zoning/Agricultural Annexation Exemption.

(Public)

Sponsors:

Representatives Sanderson, Cleveland, and Hill (Primary Sponsors).

For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to:

Government, if favorable, Finance.

February 24, 2011

A BILL TO BE ENTITLED

AN ACT providing a zoning exemption for any AGRICULTURAL INTEREST annexed by a municipality and exempting coverage of any agricultural interest in the extraterritorial planning jurisdiction of a municipality.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-393.1.  Part not applicable to annexed agricultural interest.

(a)        The provisions of this Part are not applicable to any agricultural interest included in an area to be annexed by a municipality pursuant to Article 4A of this Chapter.

(b)        For the purposes of this section, the phrase "agricultural interest" means an area of land, including any structures, used primarily for, or as, any of the following:

(1)        The production of produce, grains, livestock, or fibers.

(2)        The production of horticultural products.

(3)        The production of aquaculture products.

(4)        The production of trees and timber.

(5)        A demonstration, research, or test farm.

(6)        A petting zoo.

(7)        Agritourism.

(8)        Equine activities."

SECTION 2.  G.S. 160A-360 is amended by adding a new subsection to read:

"(a2)     The provisions of this section are not applicable to any agricultural interest located within the extraterritorial jurisdiction of a municipality. For the purposes of this subsection, the phrase "agricultural interest" means an area of land, including any structures, used primarily for, or as, any of the following (i) the production of produce, grains, livestock, or fibers; (ii) the production of horticultural products; (iii) the production of aquaculture products; (iv) the production of trees and timber; (v) a demonstration, research, or test farm; (vi) a petting zoo; (vii) agritourism; or (viii) equine activities."

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