reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-671 - Inspection fees; reporting system.

§ 106-671. Inspection fees; reporting system.
(a) For the purpose of defraying expenses on the inspection and of otherwise determining the value of commercial fertilizers in this State, there shall be paid to the Department of Agriculture and Consumer Services a charge of fifty cents (50¢) per ton on all commercial fertilizers other than packages of five pounds or less. Inspection fees shall be paid on all tonnage distributed into North Carolina to any person not having a valid reporting permit. Individual packages of five pounds or less shall be exempt from the tonnage fee; provided that any per annum (fiscal) tonnage of any brand sold in excess of one hundred tons shall be subject to the charge of fifty cents (50¢) per ton on any amount in excess of one hundred tons as provided herein. Whenever any manufacturer of commercial fertilizer shall have paid the charges required by this section his goods shall not be liable to further tax, whether by city, town, or county; provided, this shall not exempt the commercial fertilizers from an ad valorem tax.
(b) Reporting System. – Each manufacturer, importer, jobber, firm, corporation or person who distributes commercial fertilizers in this State shall make application to the Commissioner for a permit to report the tonnage of commercial fertilizer sold and shall pay to the North Carolina Department of Agriculture and Consumer Services an inspection fee of fifty cents (50¢) per ton. The Commissioner is authorized to require each such distributor to keep such records as may be necessary to indicate accurately the tonnage of commercial fertilizers sold in the State, and as are satisfactory to the Commissioner. Such records shall be available to the Commissioner, or the Commissioner's duly authorized representative, at any and all reasonable hours for the purpose of making such examination as is necessary to verify the tonnage statement and the inspection fees paid. If the records are available electronically, the electronic records shall be made available to the Commissioner or the Commissioner's authorized representative. Each registrant shall report monthly the tonnage sold to non-registrants on forms furnished by the Commissioner. Such reports shall be made and inspection fees shall be due and payable monthly on the fifteenth of each month covering the tonnage and kind of commercial fertilizers sold during the past month. If the report is not filed and the inspection fee paid by the last day of the month it is due, the amount due shall bear a penalty of ten percent (10%), which shall be added to the inspection fee due. If the report is not filed and the inspection fee paid within 60 days of the date due, or if the report or tonnage be false, the Commissioner may revoke the permit. (1947, c. 1086, s. 6; 1949, c. 637, s. 3; 1959, c. 706, ss. 6, 7; 1973, c. 611, s. 5; 1977, c. 303, s. 17; 1991, c. 98, s. 2; 1997-261, s. 109; 2009-451, s. 11.1; 2011-145, s. 31.8(a); 2013-360, s. 13.9(b); 2021-78, s. 8(d).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-672 - Declaration of policy.

§ 106-672. Declaration of policy.
The General Assembly hereby finds and declares that it is in the public interest that the State regulate the activities of those persons engaged in the business of preparing, mixing, or manufacturing commercial fertilizers, in order to insure the manufacturer, distributor and consumer of the correct quantity and quality of all commercial fertilizer sold or offered for sale in this State. It shall therefore be the policy of this State to regulate the activities of those persons engaged in the business of preparing, mixing or manufacturing commercial fertilizer. (1977, c. 303, s. 18.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-674 - Short weight.

§ 106-674. Short weight.
If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the registrant of said commercial fertilizer shall within 30 days after official notice from the Commissioner pay to the consumer a penalty equal to four times the value of the actual shortage. The Commissioner may in his discretion allow reasonable tolerance for short weight due to loss through handling and transporting. (1947, c. 1086, s. 16; 1977, c. 303, s. 20.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-675 - Publication of information concerning fertilizers.

§ 106-675. Publication of information concerning fertilizers.
The Commissioner shall publish at least annually, in such forms as he may deem proper, complete information concerning the sales of commercial fertilizers, together with a report of the results of the analyses based on official samples of commercial fertilizers sold or offered for sale within the State; such data on their production and use as he may consider advisable; provided, however, that the information concerning production and use of commercial fertilizers shall be shown separately for periods July first to December thirty-first and January first to June thirtieth of each year, and that no disclosure shall be made of the operations of any person. (1947, c. 1086, s. 14; 1959, c. 706, s. 9; 1977, c. 303, s. 21.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-676 - Sales or exchanges between manufacturers, etc.

§ 106-676. Sales or exchanges between manufacturers, etc.
Nothing in this Article shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers or manufacturers who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizers to manufacturers who have registered their brands as required by the provisions of this Article. (1947, c. 1086, s. 21; 1977, c. 303, s. 22.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-677 - Grade-tonnage reports.

§ 106-677. Grade-tonnage reports.
Each person registering commercial fertilizers under this Article shall furnish the Commissioner with a written statement of the tonnage of each grade of fertilizer sold by him in this State. This information shall be held in confidence by the Commissioner. Said statement shall include all sales for the periods of July first to and including December thirty-first and of January first to and including June thirtieth of each year. The Commissioner may suspend, revoke or terminate the registration of said commercial fertilizer and suspend, revoke or terminate the license of any person failing to comply with this section within 30 days of the close of each period. All information published by the Department of Agriculture and Consumer Services pursuant to this section shall be classified so as to prevent the identification of information received from individual registrants. All information received pursuant to this section shall be held confidential by the Department and its employees. (1947, c. 1086, s. 13; 1977, c. 303, s. 23; 1981, c. 448, s. 11; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-678 - Authority to regulate fertilizers.

§ 106-678. Authority to regulate fertilizers.
No county, city, or other political subdivision of the State shall adopt or continue in effect any ordinance or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning authority under Chapter 160D of the General Statutes or from exercising its fire prevention or inspection authority. Nothing in this section shall limit the authority of the Department of Environmental Quality or the Environmental Management Commission to enforce water quality standards. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from adopting ordinances regulating fertilizers to protect water quality, provided that the ordinances have been approved by the Environmental Management Commission or the Department of Environmental Quality as part of a local plan or National Pollutant Discharge Elimination System permit application and do not exceed the State's minimum requirements to protect water quality as established by the Environmental Management Commission under Part 1 of Article 21 of Chapter 143 of the General Statutes. Nothing in this section shall prohibit a county or city from exercising its authority to regulate explosive, corrosive, inflammable, or radioactive substances pursuant to G.S. 153A-128 or G.S. 160A-183. (2014-103, s. 2.4(b); 2015-241, s. 14.30(u); 2022-62, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 57 - Nuisance Liability of Agricultural and Forestry Operations. › § 106-700 - Legislative determination and declaration of policy.

§ 106-700. Legislative determination and declaration of policy.
It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural and forestry operations often become the subject of nuisance suits. As a result, agricultural and forestry operations are sometimes forced to cease. Many others are discouraged from making investments in farm and forest improvements. It is the purpose of this Article to reduce the loss to the State of its agricultural and forestry resources by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance. (1979, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 892, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 57 - Nuisance Liability of Agricultural and Forestry Operations. › § 106-702 - Limitations on private nuisance actions against agricultural and forestry operations.

§ 106-702. Limitations on private nuisance actions against agricultural and forestry operations.
(a) The compensatory damages that may be awarded to a plaintiff for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation shall be as follows:
(1) If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not to exceed the fair market value of the property.
(2) If the nuisance is a temporary nuisance, compensatory damages shall be limited to the diminution of the fair rental value of the plaintiff's property caused by the nuisance.
(a1) A plaintiff may not recover punitive damages for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation that has not been subject to a criminal conviction or a civil enforcement action taken by a State or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance within the three years prior to the first act on which the nuisance action is based.
(b) If any plaintiff or plaintiff's successor in interest brings a subsequent private nuisance action against any agricultural or forestry operation, the combined recovery from all such actions shall not exceed the fair market value of the property at issue. This limitation applies regardless of whether the subsequent action or actions were brought against a different defendant than the preceding action or actions.
(c) This Article applies to any private nuisance claim brought against any party based on that party's contractual or business relationship with an agricultural or forestry operation.
(d) This Article does not apply to any cause of action brought against an agricultural or forestry operation for negligence, trespass, personal injury, strict liability, or other cause of action for tort liability other than nuisance, nor does this Article prohibit or limit any request for injunctive relief that is otherwise available. (2017-11, s. 1; 2018-113, s. 10(b); 2018-142, s. 14.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 57A - Civil Liability of Farmers. › § 106-706 - Exemption from civil liability for farmers permitting gleaning.

§ 106-706. Exemption from civil liability for farmers permitting gleaning.
Any farmer, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to enter upon the land for the purpose of removing any crops remaining in the farmer's fields following the harvesting of the crops, owes that person the same duty of care the farmer owes a trespasser. (1991 (Reg. Sess., 1992), c. 868, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-707 - Short title and purpose.

§ 106-707. Short title and purpose.
This Article shall be known as "The North Carolina Biologics Law of 1981." The purpose of the law is to provide for the production and sale of biologics for the prevention or treatment of disease in animals other than man and to establish controls for the sale and use of biologics in North Carolina. (1981, c. 552, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-708 - Definitions.

§ 106-708. Definitions.
For purposes of this Article, the following words, terms and phrases are defined as follows:
(1) "Animal" means all birds and mammals, other than man, to which biologics may be administered.
(2) "Biologics" means preparations made from living organisms and their products, including serums, vaccines, antigens and antitoxins which are used for the treatment or prevention of diseases in animals other than humans, or in the diagnosis of diseases.
(3) "Board" means the North Carolina Board of Agriculture.
(4) "Commissioner" means the Commissioner of Agriculture.
(5) "Department" means the Department of Agriculture and Consumer Services. (1981, c. 552, s. 1; 1997-261, s. 70.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-710 - Biologics production license.

§ 106-710. Biologics production license.
(a) No person shall engage in the production of biologics except in:
(1) An establishment licensed by the Department;
(2) An establishment licensed by the United States Department of Agriculture; or
(3) An establishment producing biologics only for use by the owner or operator of the establishment for animals owned by him, if the biologics are registered with the Commissioner.
(b) Any establishment applying for a license to produce biologics shall be inspected by the Commissioner. Approval shall be based on compliance with the rules and regulations adopted by the board.
(c) Application for a license to produce biologics shall be made on forms provided by the Commissioner and shall be accompanied by a reasonable fee as established by the board.
(d) Upon approval, a license shall be granted upon payment of the annual license fee of one hundred dollars ($100.00) for each establishment licensed, and an additional fee of fifty dollars ($50.00) for each product produced at any time during the year. This license shall be renewed annually. The annual renewal fee shall be paid on or before the first day of July of each year. (1981, c. 552, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-711 - License revocation or suspension.

§ 106-711. License revocation or suspension.
The Commissioner, upon a finding that a licensed establishment producing biologics is not in compliance with this Article or any rules or regulations promulgated thereunder, may revoke or suspend the license in accordance with Chapter 150B of the General Statutes. (1981, c. 552, s. 1; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-712 - Registration of biologics.

§ 106-712. Registration of biologics.
(a) No person shall offer for sale or use any biologic in North Carolina unless it is registered with the Commissioner. The registration shall be made on forms provided by the Commissioner. The forms shall require the applicant to provide information showing that the biologic:
(1) Is produced under procedures approved by the Commissioner;
(2) Is safe and noninjurious to animals when used as directed;
(3) Is labeled for proper handling, use and contents;
(4) Is produced in an establishment licensed under this Article; and
(5) Is not in violation of this Article or any rule or regulation promulgated thereunder.
(b) The application for registration shall also include a protocol of methods of production in detail which is followed in the production of the biologic, a sample of the label to be placed on the biologic, and any other information prescribed by the board as necessary for the implementation of this Article. (1981, c. 552, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-713 - Revocation or suspension of registration.

§ 106-713. Revocation or suspension of registration.
The Commissioner, upon a finding that a registered biologic is being produced, sold or distributed in violation of this Article or any rules or regulations promulgated thereunder, may revoke or suspend the regulation in accordance with Chapter 150B of the General Statutes. (1981, c. 552, s. 1; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-714 - Penalties for violation.

§ 106-714. Penalties for violation.
(a) Any person adjudged to have violated any provision of this Article or the rules and regulations promulgated thereunder is guilty of a Class 2 misdemeanor. The Attorney General or his representative has concurrent jurisdiction with the district attorneys of this State to prosecute violations under this section.
(b) The Commissioner may apply to the Superior Court for an injunction to restrain and prevent violations of this Article or the rules and regulations promulgated thereunder irrespective of whether there exists an adequate remedy elsewhere at law. (1981, c. 552, s. 1; 1993, c. 539, s. 811; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 58 - North Carolina Biologics Law of 1981. › § 106-715 - Civil penalties.

§ 106-715. Civil penalties.
The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1995, c. 516, s. 15; 1998-215, s. 22.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-735 - Short title, purpose, and administration.

§ 106-735. Short title, purpose, and administration.
(a) This Article shall be known as "The Agricultural Development and Farmland Preservation Enabling Act."
(b) The purpose of this Article is to authorize counties and cities to undertake a series of programs to encourage the preservation of qualifying farmland, as defined herein, and to foster the growth, development, and sustainability of family farms.
(c) This Article shall be administered and supervised by the Department of Agriculture and Consumer Services. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 2, 9; 2011-251, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-736 - Agricultural Development/Farmland preservation programs authorized.

§ 106-736. Agricultural Development/Farmland preservation programs authorized.
(a) A county or a city may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualifying farms, as defined in G.S. 106-737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article.
(b) A county or a city may develop programs to promote the growth, development, and sustainability of farming and assist farmers in developing and implementing plans that achieve these goals. For purposes of this Article, the terms "agriculture", "agricultural", and "farming" have the same meaning as set forth in G.S. 106-581.1. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 2, 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-737 - Qualifying farmland.

§ 106-737. Qualifying farmland.
In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real property that:
(1) Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903.
(2) Repealed by Session Laws 2005-390, s. 11 effective September 13, 2005.
(3) Is managed in accordance with the Soil Conservation Service defined erosion control practices that are addressed to highly erodable land; and
(4) Is the subject of a conservation agreement, as defined in G.S. 121-35, between the local government administering the voluntary agricultural district program and the owner of such land that prohibits nonfarm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable county and municipal zoning and subdivision regulations. The form of the conservation agreement shall be approved by the agricultural advisory board created under G.S. 106-739. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 11; 2011-219, s. 1; 2021-78, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-737.1 - Revocation of conservation agreement.

§ 106-737.1. Revocation of conservation agreement.
By written notice to the local government administering the voluntary agricultural district program, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, s. 3; 2021-78, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-738 - Voluntary agricultural districts.

§ 106-738. Voluntary agricultural districts.
(a) An ordinance adopted under this Part shall provide:
(1) For the establishment of voluntary agricultural districts upon the execution of a conservation agreement as provided in G.S. 106-737(4).
(2) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021.
(3) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021.
(4) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021.
(5) The minimum size, including acreage; number of tracts; and appropriate proximity of multiple tracts of agricultural land, forestland, or horticultural land that may comprise a voluntary agricultural district.
(b) The purpose of such agricultural districts shall be to increase identity and pride in the agricultural community and its way of life and to decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, and other negative impacts on properly managed farms. The county or city that adopted an ordinance under this Part may take such action as it deems appropriate to encourage the formation of such districts and to further their purposes and objectives.
(c) A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective within the corporate limits of the city. A city may amend its ordinances in accordance with G.S. 160D-903(e) with regard to agricultural districts within its planning jurisdiction. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 12; 2021-78, s. 1; 2022-62, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-739 - Agricultural advisory board.

§ 106-739. Agricultural advisory board.
(a) An ordinance adopted under this Part or Part 3 of this Article shall provide for the establishment of an agricultural advisory board, organized and appointed by the board of county commissioners or the city council adopting the ordinance. The county or city that adopted the ordinance may confer upon this advisory board authority to:
(1) Review and make recommendations or decisions concerning the establishment and modification of agricultural districts. The board of county commissioners or the city council may make decisions regarding the establishment and modification of voluntary agricultural districts or may delegate that authority to the agricultural advisory board. If the authority is delegated to the agricultural advisory board, the agricultural advisory board's decisions shall be appealable to the board of county commissioners or city council by an owner of land that has been denied enrollment in a voluntary agricultural district or has been removed from a voluntary agricultural district by the agricultural advisory board.
(1a) Execute agreements with landowners necessary for enrollment of land in a voluntary agricultural district.
(2) Review and make recommendations concerning any ordinance or amendment adopted or proposed for adoption under this Part or Part 3 of this Article.
(3) Hold public hearings on public projects likely to have an impact on agricultural operations, particularly if such projects involve condemnation of all or part of any qualifying farm.
(4) Advise the governing board of the county or city that adopted the ordinance on projects, programs, or issues affecting the agricultural economy or way of life within the county.
(5) Perform other related tasks or duties assigned by the governing board of the county or city that adopted the ordinance.
(b) The members of the agricultural advisory board shall be chosen to provide the broadest possible representation of the geographical regions of the local government and to represent, to the extent possible, all segments of agricultural production existing within the local government. A majority of the members of the agricultural advisory board shall be actively engaged in agriculture.
(c) The agricultural advisory board may, at the discretion of the board of county commissioners or the city council, utilize an existing local government agency for the purpose of administration, record keeping, and other related tasks or duties. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 13; 2021-78, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-740 - Public hearings on condemnation of farmland.

§ 106-740. Public hearings on condemnation of farmland.
An ordinance adopted under this Part or Part 3 of this Article may provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district under this Part or an enhanced voluntary agricultural district under Part 3 of this Article until such agency has requested the local agricultural advisory board established under G.S. 106-739 to hold a public hearing on the proposed condemnation.
(1) Following a public hearing held pursuant to this section, the board shall prepare and submit written findings and a recommendation to the decision-making body of the agency proposing acquisition.
(2) The board designated to hold the hearing shall have 30 days after receiving a request under this section to hold the public hearing and submit its findings and recommendations to the agency.
(3) The agency may not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitations. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 14.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-741 - Record notice of proximity to farmlands.

§ 106-741. Record notice of proximity to farmlands.
(a) All counties shall require that land records include some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of the property line of any tract of land enrolled in a voluntary agricultural district.
(b) In no event shall the county or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection (a).
(c) In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this Article.
(d) In no event shall any cause of action arise out of the failure of a person licensed under Chapters 93A or 93E of the General Statutes for failure to report to any person the proximity of a tract to a qualifying farm or voluntary agricultural district as defined in this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, s. 3; 2018-113, s. 9; 2021-78, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-742 - Waiver of water and sewer assessments.

§ 106-742. Waiver of water and sewer assessments.
(a) A county or a city that has adopted an ordinance under this Part may provide by ordinance that its water and sewer assessments be held in abeyance, with or without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made.
(b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.
(c) Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.
(d) If an ordinance is adopted under this section, then the assessment procedures followed under Article 9 of Chapter 153A of the General Statutes or Article 10 of Chapter 160A of the General Statutes, whichever applies, shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect.
(e) Nothing in this section is intended to diminish the authority of counties or cities to hold assessments in abeyance under G.S. 153A-201 or G.S. 160A-237. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 15.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743 - Local ordinances.

§ 106-743. Local ordinances.
A county or a city adopting an ordinance under this Part or Part 3 of this Article may consult with the North Carolina Commissioner of Agriculture or the Commissioner's staff before adoption, and shall record the ordinance with the Commissioner's office after adoption. Thereafter, the county or city shall submit to the Commissioner at least once a year, a written report including the status, progress, number of enrolled farms and acres, and activities of its farmland preservation program under this Part or Part 3 of this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, ss. 3, 16; 2021-78, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743.1 - Enhanced voluntary agricultural districts.

§ 106-743.1. Enhanced voluntary agricultural districts.
(a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary agricultural district. An ordinance adopted pursuant to this Part shall provide:
(1) For the establishment of an enhanced voluntary agricultural district that initially consists of at least the number of contiguous acres of agricultural land, and forestland and horticultural land that is part of a qualifying farm under G.S. 106-737 or the number of qualifying farms deemed appropriate by the governing board of the county or city adopting the ordinance.
(2) For the formation of the enhanced voluntary agricultural district upon the execution of a conservation agreement, as defined in G.S. 121-35, that meets the condition set forth in G.S. 106-743.2 by the landowners of the requisite acreage to sustain agriculture in the enhanced voluntary agricultural district.
(3) That the form of the agreement under subdivision (2) of this subsection be reviewed and approved by an agricultural advisory board established under G.S. 106-739, or other governing board of the county or city that adopted the ordinance.
(4) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021.
(b) The purpose of establishing an enhanced voluntary agricultural district is to allow a county or a city to provide additional benefits to 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 under G.S. 106-743.2. The county or city that adopted the ordinance may take any action it deems appropriate to encourage the formation of these districts and to further their purposes and objectives.
(c) A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective within the corporate limits of the city. A city may amend its ordinances in accordance with G.S. 160D-903(e) with regard to agricultural districts within its planning jurisdiction.
(d) A county or city ordinance adopted pursuant to this Part may be adopted simultaneously with the creation of a voluntary agricultural district pursuant to G.S. 106-738. (2005-390, s. 5; 2021-78, s. 1; 2022-62, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743.2 - Conservation agreements for farmland in enhanced voluntary agricultural districts; limitation.

§ 106-743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts; limitation.
A conservation agreement entered into between a county or city and a landowner pursuant to G.S. 106-743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is executed. At the end of its term, a conservation agreement shall automatically renew for a term of three years, unless notice of termination is given in a timely manner by either party as prescribed in the ordinance establishing the enhanced voluntary agricultural district. 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 conservation agreement. (2005-390, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743.3 - Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural districts.

§ 106-743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural districts.
The provisions of G.S. 106-739 through G.S. 106-741 and G.S. 106-743 apply to an enhanced voluntary agricultural district under this Part, to an ordinance adopted under this Part, and to any person, entity, or farmland subject to this Part in the same manner as they apply under Part 2 of this Article. (2005-390, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743.4 - Enhanced voluntary agricultural districts; additional benefits.

§ 106-743.4. Enhanced voluntary agricultural districts; additional benefits.
(a) Property that is subject to a conservation agreement under G.S. 106-743.2 that remains in effect may receive up to twenty-five percent (25%) 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 G.S. 160D-903. For purposes of G.S. 160D-903, 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 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 twenty-five percent (25%) of its gross sales. A county may adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of compliance.
(b) A person who farms land that is subject to a conservation agreement under G.S. 106-743.2 that remains in effect is eligible under G.S. 106-850(b) to receive the higher percentage of cost-share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to Article 72 of this Chapter for funds to benefit that farmland.
(c) State departments, institutions, or agencies that award grants to farmers are encouraged to give priority consideration to any person who farms land that is subject to a conservation agreement under G.S. 106-743.2 that remains in effect. (2005-390, s. 5; 2011-145, s. 13.22A(cc); 2017-108, s. 9(b); 2022-55, s. 7(a); 2022-62, s. 12(a), (b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 61 - Agricultural Development and Preservation of Farmland. › § 106-743.5 - Waiver of utility assessments.

§ 106-743.5. Waiver of utility assessments.
(a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county or a city may provide that all assessments for utilities provided by that county or city are held in abeyance, with or without interest, for farmland subject to a conservation agreement under 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.
(b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.
(c) Statutes of limitations are suspended during the time that any assessment is held in abeyance under this section without interest.
(d) If an ordinance is adopted by a county or a city under this section, then the assessment procedures followed under Article 9 of Chapter 153A or Article 10 of Chapter 160A of the General Statutes, respectively, shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect.
(e) Nothing in this section is intended to diminish the authority of counties or cities to hold assessments in abeyance under G.S 153A-201 and G.S. 160A-237. (2005-390, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62 - Grape Growers Council. › § 106-750 - through 106-755Redesignated as Part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s4(a), effective September 8, 2005.

Article 62.
[Redesignated.]
§§ 106-750 through 106-755: Redesignated as Part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s. 4(a), effective September 8, 2005.
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62 - Grape Growers Council. › § 106-751 - 106-750 through 106-755Redesignated as Part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s4(a), effective September 8, 2005.

Article 62.
[Redesignated.]
§§ 106-750 through 106-755: Redesignated as Part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s. 4(a), effective September 8, 2005.
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62 - Grape Growers Council. › § 106-752 through 106-755 - 106-750 through 106-755Redesignated as part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s4(a), effective September 8, 2005.

Article 62.
[Redesignated.]
§§ 106-750 through 106-755: Redesignated as part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s. 4(a), effective September 8, 2005.
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62A - Wine and Grape Growers Council. › § 106-755.1 - North Carolina Wine and Grape Growers Council Creation; powers and duties.

§ 106-755.1. North Carolina Wine and Grape Growers Council – Creation; powers and duties.
There is created the North Carolina Wine and Grape Growers Council of the Department of Agriculture and Consumer Services. The North Carolina Wine and Grape Growers Council shall have the following powers and duties:
(1) To identify and implement methods for improving North Carolina's rank as a wine-producing State;
(2) To assure orderly growth and development of North Carolina's grape and wine industry;
(3) To achieve public awareness of the quality of North Carolina grapes and wine;
(4) To coordinate the interaction of North Carolina's grape and wine industry with other segments of the State's economy such as tourism, retail trade, and horticulture;
(5) To conduct methods of quality assurance of North Carolina's grape and wine industry to create a sound foundation for further growth;
(6) To assist in the coordination of the activities of the various State agencies and other organizations contributing to the development of the grape and wine industry;
(7) To receive and disburse funds;
(8) To enter into contracts for the purpose of developing new or improved markets or marketing methods for wine and grape products;
(9) To contract for research services to improve viticultural and enological practices in North Carolina;
(10) To enter into agreements with any local, state, or national organizations or agency engaged in education for the purpose of disseminating information on wine or other viticultural projects;
(11) To enter into contracts with commercial entities for the purpose of developing marketing, advertising, and other promotional programs designed to promote the orderly growth of the North Carolina grape and wine industry;
(12) To acquire any licenses or permits necessary for performance of the duties of the Council; and
(13) To develop a State Viticulture Plan that identifies problems and constraints of the viticultural industry, proposes solutions to those problems and delineates planning mechanisms for the orderly growth of the industry.
(14) By September 1 of each year, to report to the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on the activities of the Council, the status of the wine and grape industry in North Carolina and the United States, progress on the development and implementation of the State Viticulture Plan, and any contracts or agreements entered into by the Council for research, education, or marketing. (1985 (Reg. Sess., 1986), c. 974, s. 1; 1997-261, s. 109; 2005-380, s. 4(a); 2006-264, s. 98.3; 2010-31, s. 14.10; 2011-145, s. 14.3B; 2011-391, s. 38.1(b); 2012-142, s. 13.9A(b); 2020-78, s. 5.1(e).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62A - Wine and Grape Growers Council. › § 106-755.2 - North Carolina Wine and Grape Growers Council - Composition; terms; reimbursement.

§ 106-755.2. North Carolina Wine and Grape Growers Council – Composition; terms; reimbursement.
(a) The North Carolina Wine and Grape Growers Council shall consist of 10 members who shall be appointed by the Commissioner of Agriculture as provided in this section. The members of the Council shall be divided into an advisory committee for the Vinifera Group and an advisory committee for the Muscadines Group for the purpose of performing the powers and duties prescribed in G.S. 143B-437.90 and for the purpose of promoting North Carolina wineries and tourism related to the wineries.
(b) Each advisory committee shall consist of five members, who shall be appointed by the Commissioner of Agriculture to serve two-year terms, which shall be staggered. The members appointed shall be chosen from among individuals who have education or experience in the wine industry or in the field of tourism. No member of an advisory committee may serve for more than two consecutive terms. Initial terms shall commence September 1, 2011.
(c) Each advisory committee shall meet at least twice each calendar year during which time each committee shall discuss issues related to the Council's powers and duties, including ways in which to promote and advertise North Carolina wineries and ways in which to improve, use, and distribute State maps showing winery locations. The Vinifera Group shall meet at the NC Shelton Badgett Viticulture Center at Surry Community College, and the Muscadines Group shall meet at Duplin Community College. After each meeting, each advisory committee shall report to the Commissioner of Agriculture with its recommendations. Notwithstanding any other provision of law, committee members shall receive no salary, per diem, subsistence, travel reimbursement, or other stipend or reimbursement as a result of serving on their respective committees.
(d) Each advisory committee shall elect from the membership of each committee a chair and vice-chair. Vacancies resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. A majority of the members of each committee shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of each committee shall be necessary for action to be taken by the committee. (1985 (Reg. Sess., 1986), c. 974, s. 1; 1997-261, s. 109; 2005-380, s. 4(a); 2006-264, s. 98.3; 2011-145, s. 14.3B; 2011-391, s. 38.1(b), (c); 2012-142, s. 13.9A(b).)