2024-08-19 Person County Farmland Preservation Ordinance (Revised)PERSON COUNTY
FARMLAND PRESERVATION ORDINANCE
ARTICLE I
TITLE
An Ordinance of the Board of County Commissioners of PERSON COUNTY, NORTH CAROLINA,
entitled, "FARMLAND PRESERVATON ORDINANCE."
ARTICLE II
AUTHORITY
The articles and sections of this Ordinance are adopted pursuant to authority conferred by the
North Carolina General Statutes sections §106-735 through 106-744 and Chapter 153A.
ARTICLE Ill
PURPOSE
The purpose of this Ordinance is to reduce the loss of productive and existing farmland by
promoting agricultural values and the general welfare of the county; Increase identity and pride
in the agricultural community and its way of life; encourage the economic and financial health
of agriculture, horticulture, and forestry; decrease the likelihood of legal disputes, such as
nuisance actions between farm owners and their neighbors; and encourage participation in said
voluntary programs,
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this Ordinance:
Advisory Board: Person County Agricultural Advisory Board.
Board of Commissioners: Person County Board of Commissioners.
Chairperson: Chairperson of the Person County Agricultural Advisory Board.
District: Voluntary Agricultural District as established by this Ordinance.
Enhanced District: Enhanced Voluntary Agricultural District as established by this
Ordinance.
Conservation Agreement: An agreement signed by the landowner committing to keep land
in agricultural or forest use, as described in N.C.G.S. 121-35.
Conservation Easement: Shall have the meaning as Agricultural Conservation Easement as
set forth in N.C.G.S. 106-744, and to the extent not inconsistent
with N.C.G.S. 106-744 generally meaning a written easement
agreement between a landowner and a qualified conservation
organization or public agency under which:
• The landowner agrees to keep the land available for
agriculture and/or forestry and restrict subdivision or non-
farm development and other uses that are incompatible with
commercial agriculture and forestry; and
• The conservation organization or public agency is responsible
for monitoring the easement to ensure the terms of the
easement are met.
Farmland Preservation Coordinator: Person County Soil and Water Conservation District
A. Creation
Office staff person who supports the Agricultural Advisory
Board.
ARTICLE V
AGRICULTURAL ADVISORY BOARD
The Board of Commissioners establishes the Person County Agricultural Advisory Board to
implement the provisions of this program.
B. Membership
1. The Advisory Board shall consist of seven (7) members.
2. Each Advisory Board member, except those serving in an ex officio capacity, shall be a
Person County resident or landowner.
2
3. At least a majority of the members shall be actively engaged in agriculture as defined in
N.C.G.S. § 106-581.1. This determination shall be made without reference to ex officio
members.
4. The members actively engaged in agriculture as defined in N.C.G.S. § 106-581.1, as well
as other members, shall be selected for appointment by the Board of Commissioners
from the names of individuals submitted to the Board of Commissioners by the Soil and
Water Conservation District Board of Supervisors, the County Office of North Carolina
Cooperative Extension, the U.S. Farm Service Agency County Committee, nonprofit
agricultural organizations, conservation organizations, agribusiness, horticultural
businesses, forestry businesses, and the public at large.
5. Additional members may be appointed to the Board in an ex officio capacity from the
Soil and Water Conservation District Board of Supervisors, the County Office of North
Carolina Cooperative Extension, the U.S. Farm Service Agency, Economic Development
Commission, or other agencies, as deemed necessary by the Board of Commissioners.
Members serving in an ex officio capacity shall neither vote nor count toward quorum
requirements.
6. The members shall be chosen to provide the broadest possible representation of the
geographical regions of Person County and to represent, to the extent possible, all
segments of agricultural production existing within the county.
D. Tenure
The initial board is to consist of two (2) appointees for terms of two (2) years; two (2)
appointees for terms of three (3) years; and three (3) appointees for terms of four (4) years.
Thereafter, all appointments are to be for terms of four (4) years, when reappointment
permitted.
E. Vacancies
Any vacancy of a member appointed by the Board of Commissioners on the Advisory Board is to
be filled by the Board of Commissioners for the remainder of the unexpired term.
F. Removal
Any member of the Advisory Board may be removed by the Board of Commissioners upon a
majority vote of the Commissioners. No cause for removal shall be required. The Board may
recommend that members not meeting attendance standards be removed by the Board of
Commissioners. If an appointee, in any calendar year has absences which constitute more than
3
twenty-five percent (25%) of the regularly scheduled Board meetings or three (3) consecutive
meetings, whichever comes first, which he or she is required to attend, he or she is obligated to
resign. The Board of Commissioners may consider extenuating circumstances. If the individual
refuses to resign, he or she may be removed by action of the Board of County Commissioners,
by a majority vote, subject to state or local law. A leave of absence may be granted for
extraordinary circumstances, such as illness or personal circumstances, upon request to the
Board of Commissioners.
G. Advisory Board Procedure
1. Chair and Vice Chair: The Advisory Board shall elect a chairperson and vice-
chairperson from those members appointed by the commissioners each year at
the Advisory Board's first meeting of the fiscal year. The chairperson shall preside
over all regular or special meetings of the Advisory Board. In the absence or
disability of the chairperson, the vice-chairperson shall preside and shall exercise
all the powers of the chairperson. Additional officers may be elected as needed.
2. Determination of Procedure: The Advisory Board may adopt rules of procedure
consistent with this Ordinance or other provisions of State law.
3. Advisory Board Year: The Advisory Board shall use the Person County fiscal year,
July 1 -June 30, as its meeting year.
4. Meetings: Meetings of the Advisory Board shall be held at the call of the
chairperson and at such other times as the Advisory Board may specify in its rules
of procedure or upon the request of at least a majority of the Advisory Board
membership. A meeting shall be held at least annually and notice of any meetings
to the members shall be in writing unless otherwise agreed to by all Advisory
Board members. Meeting dates and times shall be posted as far in advance as
possible by all means of public dissemination required by N.C.G.S. § 143-318.12
All meetings shall be open to the public and follow the Open Meetings Laws.
5. Meeting Location: Meetings shall be held at the Person County Office Building. If
this facility is unavailable or if the business of the Advisory Board makes it
necessary or more convenient to meet at a different location, the chairperson shall
determine this location and provide timely notification to all board members and
to the public.
6. Majority Vote and Quorum Requirements: All issues shall be decided by a majority
vote of the members of the Advisory Board present, except as otherwise stated
4
herein. A quorum is defined as a majority of the members. No business may be
conducted by the Advisory Board without a quorum present.
7. Records: The Advisory Board shall keep minutes of the proceedings showing the
vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall be filed in the office of the Advisory Board, or its designee, and shall
be a public record.
8. Administration: The Person County Soil and Water Conservation District office will
serve the Advisory Board for record keeping, correspondence, and whatever
services the Board needs in order to complete its duties.
H. Duties
The Advisory Board shall:
• Review and approve or disapprove applications of landowners for enrollment of
qualified farmland, horticultural land, or forestland into the Voluntary/Enhanced
Agricultural Districts. By approval of this Ordinance the County Board of Commissioners
has delegated authority pursuant to N.C.G.S. §106-739(1) to enroll qualifying farms into
agricultural districts.
, Review and approve the form of the conservation agreement to sustain agriculture
required of this Ordinance.
Make recommendations concerning the establishment and modification of Agricultural
Districts.
Conduct public hearings related to public condemnation of qualifying farmland and
other agricultural issues.
, Advise the Board of Commissioners on projects, programs, or issues affecting the
agricultural economy and agricultural, horticultural or forestry activities within the
county that may affect Agricultural Districts.
• Review and make recommendations concerning proposed amendments to this
ordinance.
• Study additional methods of protection for farming, horticulture, forestry, and the
attendant land base, and make recommendations to the Board of Commissioners.
Review applications for conservation easement purchases and donations to Person
County. The Advisory Board shall have final authority to approve such purchases and
donations, subject to the requirements of this ordinance and other applicable law.
5
Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by
the Board of Commissioners.
Provide recommendations and input on modification to the Person County Farmland
Preservation Plan as defined in N.C.G.S. §106-744 (e) for presentation to the Board of
Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS AND
ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purposes stated in Article Ill, this program provides for the creation
of Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts (Districts) which
shall meet the following standards:
• Districts shall contain a minimum of twenty (20) contiguous acres of qualified forest
land; ten (10) contiguous acres of qualified farmland; or five (5) contiguous acres of
qualified horticultural land, OR, two or more qualified farms that, together, contain a
minimum of twenty (20) acres and are located within the county.
• Landowner(s) requesting inclusion in Districts shall execute a conservation agreement
with the county to sustain agriculture in Districts in accordance with Article VII of this
ordinance. Said agreement shall be in a form that is reviewed and approved by the
Advisory Board.
B. Education
The county may take such action, as it deems appropriate, through the Advisory Board or other
entities or individuals to encourage the formation of the 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.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
A. Requirements
In order for farmland to qualify for inclusion in a Voluntary or Enhanced Voluntary Agricultural
District property, it must be real property that meets the following requirements:
6
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. Be managed, if highly erodible land exists on the farm, in accordance with the
Natural Resources Conservation Service defined erosion-control practices that are
addressed to said highly erodible land.
3. The property is the subject of a conservation agreement as defined in G.S. 121-35
between the county and the owner of such land that prohibits nonfarm use or
development of such land for a period of at least ten (10) years, except for the
creation of not more than three (3) lots that meet applicable municipal and county
zoning and subdivision regulations. The form of the conservation agreement shall
be approved by the agricultural advisory board created under G.S. 106-739.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
1. A landowner may apply to participate in the Voluntary Agricultural District and/or
Enhanced Voluntary Agricultural District Program by submitting an application to
the Person County Soil and Water Conservation District office. The application
shall be on forms provided by the Person County Soil and Water Conservation
District office and approved by the Advisory Board.
2. A Conservation Agreement, required by G.S. 106-737 and G.S. 106-743.3, and
defined in G.S. 121-35, suited to district type, Voluntary Agricultural District or
Enhanced Voluntary Agricultural District, as designated by the landowner(s) to
sustain, encourage, and promote agriculture must be executed by the
landowner(s) with the Advisory Board. The Conservation Agreement for the
Enhanced Voluntary Agricultural District shall be recorded with the Person County
Register of Deeds Office as required under G.S. 121-41 (c).
B. Approval Process
Upon receipt of an application, the Person County Soil and Water Conservation District office
will forward applications and any supporting documentation to the members of the Advisory
Board and all ex officio members for their evaluation.
Advisory Board shall meet within ninety (90) days of receipt of a completed application to
determine if the application meets the minimum requirements established by this ordinance.
7
The chairperson shall notify the applicant by first class mail of approval or disapproval within
fifteen (15) days.
C. Appeal
If the Advisory Board determines an application does not meet the requirements of this
ordinance, the applicant shall have sixty (60) days to appeal the decision to the Board of
Commissioners. Such appeal shall be submitted in writing to the Clerk to the Board of
Commissioners. The decision of the Board of Commissioners is final.
ARTICLE IX
NOTIFICATION
A. Public Awareness
Upon approval of a Voluntary Agricultural District and/or Enhanced Voluntary Agricultural
District (Districts), the Person County Soil and Water Conservation District office shall provide
notification of said District to the following:
, Notification shall be mailed to the property owner/applicant by first class mail.
• The Person County GIS Department shall maintain maps of approved Districts within the
Person County Geographic Information Mapping System Database as well as an overlay
for all tracts located within one-half (1/2) mile of the property line of any tract of land
enrolled in a voluntary agricultural district.
• The mapping information shall provide notice reasonably calculated to alert a person
researching the title of a particular tract that such tract is located within one half mile of
an agricultural district. This mapping information may be viewed by accessing the
Person County GIS website.
• Notice of these methods of District notification and identification shall be included in all
Person County Voluntary Agricultural District Program information brochures made
available to the public by Person Soil and Water Conservation District, Person County
Cooperative Extension, Person County Planning and Zoning Department, and others.
B. Signage
Person County may place signs identifying approved Agricultural Districts along major roads
that pass through or next to those districts. Members of the Agricultural Districts have the
privilege of posting signs on their individual farms denoting their Agricultural District
membership. Signs must be placed on the landowner's property outside of any right-of-ways or
8
easements and shall conform to Chapter XII, Sign Regulations, of the Person County Zoning
Ordinance.
C. Maps
Maps identifying approved agricultural districts shall be updated at least twice each year and
shall be made available through the Person County GIS Department.
D. Exclusion of Liability
1. In no event shall the County or any of its officers, employees, members of the
Advisory Board, 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 this ordinance.
2. 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 or Enhanced Voluntary District as
defined in this Ordinance.
ARTICLEX
REVOCATION AND ENFORCEMENT, TRANSFER OF LAND, AND
RENEWAL OF CONSERVATION AGREEMENTS
A. Revocation and Enforcement
1. By providing written notice to the Advisory Board, a landowner of qualifying
farmland may revoke his/her participation in the Voluntary Agricultural District
Program formulated pursuant to Article VIII of this ordinance, or the Advisory
Board may revoke the same participation based on noncompliance by the
landowner. Such revocation shall result in loss of qualifying farm status and loss of
eligibility to participate in a district. The county will remove the tract from the
public record of the program within sixty (60) days.
2. Conservation Agreements for land within Enhanced Districts are IRREVOCABLE for
a period of 10 years. At the end of the term, a notice of revocation shall be
recorded in the Register of Deeds Office sufficient to provide notice that the land
has been withdrawn from the Enhanced Voluntary Agricultural District program if
the agreement is not automatically renewed, or renewed voluntary by the
landowner(s).
9
B. Transfer of land
1. Transfers of land in a Voluntary Agricultural District due to death of the landowner,
sale, or gift shall not revoke the Conservation Agreement unless the land no longer
meets the requirements contained in Article VII. Enforcement of the terms of a
Conservation Agreement for land enrolled in a Voluntary Agricultural District shall
be limited to revocation of the Conservation Agreement and the benefits derived
therefrom.
2. Transfers of land in an Enhanced Voluntary District due to death of the
landowner(s), sale, or gift shall not revoke the Conservation Agreement. The
Conservation Agreement for the Enhanced Voluntary Agricultural District shall be
binding upon all successors in interest to the landowner, except for successors in
interest resulting from the exercise of rights under a security interest or lien that
preceded the Conservation Agreement.
C. Renewal of Conservation Agreements
1. A Conservation Agreement for land within a Voluntary Agricultural District shall
automatically renew for subsequent ten (10) year terms unless either the
landowner or the Advisory Board provides written notice prior to the expiration of
the conservation agreement.
2. A Conservation Agreement for land within an Enhanced Voluntary Agricultural
District shall be deemed automatically renewed for an additional term of three (3)
years, unless either the Advisory Board or the landowner provides written notice
prior to the expiration of the Conservation Agreement. At the end of the three (3)
year term, the Conservation Agreement for land within an Enhanced Voluntary
Agricultural District will expire and the county will remove the tract from the
public record of the program within sixty {60) days. At such time, landowners
wishing to continue in the program will need to re-apply.
ARTICLE XI
WAIVER OF WATER AND SEWER OR All UTILITY ASSESSMENTS
A. No Connection Required
1. A landowner belonging to a District shall not be required to connect to Person
County water and/or sewer systems.
10
2. A landowner belonging to an Enhanced District shall not be required to connect to
Person County utility systems.
B. Abeyance
1. Water and sewer assessments shall be held in abeyance, without interest, for
farms in a District, until improvements on such property are connected to the
water or sewer system for which the assessment was made.
2. Utility assessments shall be held in abeyance, without interest, for farms in an
Enhanced District, until improvements on such property are connected to the
utility system for which the assessment was made.
C. Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the terms set
out in the assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in abeyance
without interest. The landowner shall be required to sign an acknowledgement, which shall be
incorporated into the Conservation Agreement, of the abeyance of the statute of limitations upon
collecting water and sewer assessments, or other utility assessments.
E. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold assessments in
abeyance under G.S. 153A-201, or other applicable law.
F. Conflict with Water and/or Sewer System Construction and Improvements Grants
To the extent that this section conflicts with the terms of federal, state, or other grants under
which county utility systems are constructed this section shall not apply. This section shall not
apply to utilities that are not owned by the County unless the County has entered into an
agreement with the entity(ies) owning the utilities and that agreement provides that this
Ordinance shall apply.
I I
ARTICLE XII
ADDITIONAL ENHANCED AGRICULTURAL DISTRICT BENEFITS
Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the
benefits available under the Voluntary Agricultural District program, and to the following
additional benefits under this Article:
A. Sale of Non-farm Products
Landowners participating in Enhanced Districts may receive up to twenty-five percent of gross
sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from
county zoning regulations under G.S. 153A-340(b). For purposes of 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 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 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. Agricultural Cost Share Program
Landowners participating in Enhanced Districts are 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 Chapter 106, Article 72, of the North Carolina
General Statutes.
C. Priority Consideration
State departments, institutions, or agencies that award grants to farmers are encouraged to
give priority consideration to landowners participating in Enhanced Districts.
D. Utility Assessment Waiver
As provided in Article XI, waiver of all county utility assessments, in addition to waiver of water
and sewer assessments, is available to all participants in Enhanced Districts.
12
ARTICLE XIII
PUBLIC HEARINGS ON CONDEMNATION OF FARMLAND
A. Purpose
Pursuant to G.S. 106-740, no State or local public agency or governmental unit may formally
initiate any action to condemn any interest in qualifying farmland within a District until such
agency or unit has requested the Advisory Board to hold a public hearing on the proposed
condemnation.
B. Procedure
Upon receiving a request to hold a hearing on the proposed condemnation, the Advisory Board
shall have thirty {30) days after receiving a request under this section to hold the public hearing
and submit its written findings and recommendations to the agency.
The Advisory Board shall meet to review:
1. Whether the need for the project has been satisfactorily established by the agency or
unit of government involved, including a review of any fiscal impact analysis conducted
by the agency involved.
2. Whether there are alternatives to the proposed action that have less impact and are
less disruptive to the agricultural activities of the District within which the proposed
action is to take place.
3. The Advisory Board shall consult with the Soil and Water Conservation District Office,
Cooperative Extension Agricultural Agent(s), Natural Resources Conservation Service
District Conservationist, and any other individuals, agencies, or organizations deemed by
the Advisory Board to be necessary for its review of the proposed action. Land value
will not be a factor in the selection between properties under consideration for the
proposed action.
4. The Advisory Board shall make a report containing its findings and recommendations
regarding the proposed action. The report shall be made available to the public for
comment prior to its being conveyed to the decision-making body of the agency
proposing the acquisition by condemnation.
5. There will be a period of ten (10) days allowed for public comment on the report of the
Advisory Board.
6. After the ten (10) day period for public comment has expired, the Advisory Board shall
submit a final report containing all of its findings and recommendations regarding the
proposed action to the decision making body of the agency proposing the acquisition by
condemnation.
13
7. The total time, from the day that a request for a hearing has been received to the day
that a final report is issued to the decision making body of the agency proposing the
acquisition shall not exceed thirty (30) days. If the agency agrees to an extension, the
agency and the Advisory Board shall mutually agree upon a schedule to be set forth in
writing and made available to the public.
The State, local government agency or governmental unit proposing to acquire property by
condemnation may not formally initiate condemnation action while the proposed
condemnation is properly before the Advisory Board.
The Board of Commissioners shall condemn farmland within an Agriculture District only as a
"last resort" if it is considering condemnation for County purposes.
ARTICLE XIV
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of major subdivisions, apartment complexes or planned unit developments shall
designate on preliminary development plans, the existence of any and all Agricultural Districts
within½ aerial mile of the proposed development.
ARTICLE XV
COUNTY LANO-USE PLANNING
A. Duty of the Advisory Board
It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency
or office to which the Board of Commissioners has delegated the authority to oversee county
land-use planning, on the status, progress, and activities of the county's agricultural district
program and to also coordinate the formation and maintenance of agricultural districts with the
county's land-use planning activities and the county's land-use plan if one currently exists at the
time this is enacted or when one is formed.
B. Posting of Notice
The following notice of a size and form suitable for posting shall be posted in the Soil and Water
Conservation District office and any other office or agency the Advisory Board deems
necessary:
Person County has established Agricultural Districts to protect and preserve
agricultural lands and activities. These districts have been developed and
mapped by the county to inform all purchasers of real property that certain
agricultural and forestry activities, including but not limited to pesticide spraying,
14
manure spreading, machinery and truck operation, livestock operations, sawing,
prescribed burning, and other common farming activities may occur in these
districts any time during the day or night. Maps and information on the location
and establishment of these districts can be viewed from Person County GIS
Department Mapping.
C. Growth Corridors
At such time as the county might establish designated growth corridors, agricultural districts
shall not be permitted in the designated growth corridors as delineated on the official county
planning map without the approval of the Board of Commissioners. Districts located in growth
corridors designated after the effective date of this program may remain, but shall not be
expanded within the growth corridor area without the approval of the Board of Commissioners.
ARTICLE XVI
CONSULTATION AUTHORITY
The Advisory Board may consult with the Person Soil and Water Conservation District, the
North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North
Carolina Department of Agriculture and Consumer Services, and with any other individual,
agency, or organization the Advisory Board deems necessary to properly conduct its business.
ARTICLE XVII
NORTH CAROLINA AGENCY NOTIFICATION
At least annually, the Person County Soil and Water Conservation District office shall submit a
written report to the Office of the Commissioner of Agriculture and Consumer Services on the
County's agricultural district programs, including the following information:
• Number of landowners enrolled
• Number of acres enrolled
• Number of acres certified during the reporting period
• Number of acres denied during the reporting period
• Number of acres for which applications are pending
• Copies of any amendments to this Ordinance
• Any other information the Advisory Board deems useful
A copy of this report shall also be provided to the Board of Commissioners.
15
ARTICLE XVIII
AGRICULTURAL CONSERVATION EASEMENT PROGRAM
A. Purpose
The preservation of the County's best agricultural land in a manner that directs and
accommodates growth and development is a high priority to the residents of the County. To this
end the County establishes the following goals:
1. To permanently protect and conserve those soils in the County best suited to
agricultural uses;
2. To identify and harmonize policies of government at all levels which may conflict
with the goal of protection of farmland;
3. To reduce land use conflicts between agricultural and other land uses; and
4. To promote agriculture as an integral part of the County's economy.
B. Duties and Responsibilities of the Advisory Board
The Advisory Board and Farmland Preservation Coordinator shall administer the Agricultural
Conservation Easement Program within the farmland preservation program. The Person Soil
and Water Conservation District shall make recommendations to the Advisory Board on the
selection of properties for purchase and/or donation of conservation easements. Subject to the
availability of local, state, and federal funding, the Person Soil and Water Conservation District,
with assistance from a private nonprofit conservation organization, may acquire or support the
acquisition of conservation easements consistent with this ordinance.
ARTICLE XIX
PURCHASE AND DONATION OF CONSERVATION EASEMENTS
A. General
1. Conservation easements sold or donated to the County shall be granted in favor of Person
County.
2. Subject to the availability of funds, the Person Soil and Water Conservation District may
purchase conservation easements in agricultural and/or forestry lands.
2. The Person Soil and Water Conservation District may also accept a voluntary donation of
a conservation easement or work with third-party partners to facilitate these donations.
16
B. Description
The purchase or donation of a conservation easement is legally binding, restricting the owner
and future owners to agricultural and/or forestry use of the land. conservation easements sold
or donated to Person County shall be held for the public benefit by the County, shall be in
perpetuity, and shall be in compliance with the North Carolina Conservation and Historic
Preservation Agreements Act and applicable federal and state tax laws.
C. Additional Authority
Person Soil and Water Conservation District acting as a department of Person County, is hereby
authorized:
1. To apply for conservation easement grant funding on beha If of the County, including
using Person County's tax ID, Unique Entity ID, and DUNs number; and
2. To enter into cooperative agreements with the Working Lands Trust ("WLT"), United
States Department of Agriculture Natural Resource Conservation Service ("USDA NRCS"), North
Carolina Department of Agriculture and Consumer Sciences Agricultural Development &
Farmland Preservation Trust Fund ("NCDA&CS ADFP"), and/or other agencies to facilitate
easement purchases. Further, the Person Soil and Water Conservation District Director, or
designee, is authorized to execute conservation easement grant applications on behalf of the
County.
D. Application Procedure
1. An application for the purchase or donation of a conservation easement must be
submitted to the Farmland Preservation Coordinator, or designee. Guidance documents
for purchasing or donating conservation easements are housed at the Person Soil and
Water Conservation District office.
2. Upon contact by a landowner, a meeting will be set with the Farmland Preservation
Coordinator and a member of the Advisory Board, or its designee, to discuss the
purchase or donation of a conservation easement.
E. Review and Ranking of Application
All applications will be ranked by the Farmland Preservation Coordinator or their designee. The
Farmland Preservation Coordinator will rank each of the applications using a farmland
preservation ranking system approved by the Agricultural Advisory Board. After the application
has been ranked, the Person Soil and Water Conservation District will prioritize applications and
make recommendations to the Advisory Board, which shall make final decisions on the
17
purchase and donation of conservation easements. The purchase of conservation easements is
subject to the availability of funding.
ARTICLE XX
BASELINE DOCUMENTATION AND MONITORING
A. Baseline Documentation Purpose
This policy establishes the procedure for the collection, compilation, and storage of baseline
documentation for conservation easements managed by Person Soil and Water Conservation
District. The Person Soil and Water Conservation District must have baseline documentation for
all properties it protects. This information establishes the condition of a property at the time of
acquisition, allowing comparisons with findings during subsequent monitoring events. Such
information is also required by the IRS for landowners seeking a federal income tax deduction
for conservation easement donations. The Person Soil and Water Conservation District, or their
designee or agent, will collect this information for the conservation easement donor. Baseline
documentation is important in defending conservation properties from threats, including
conservation easement violations. The baseline documentation may be relied upon during
litigation to establish the condition of a property prior to a conservation easement violation.
The Person Soil and Water Conservation District, or their designee, will collect and store all
baseline documentation for conservation easements in a manner that maximizes effectiveness
for enforcement purposes.
B. Baseline Data Collection
The volume and specificity of the information included in the baseline documentation report
may vary depending on the terms of the easement and the conservation objectives for the
property. It is the Person Soil and Water Conservation District's policy that baseline data will be
collected by staff, or their designee.
Baseline data collected during a site visit will generally include:
1. Boundary photos, photos of special features, and photos of structures and other
improvements and or human modifications;
2. Global Positioning System (GPS) data and locations on a map of each photo, special
feature, structure, and other improvements;
3. Other natural resource information documenting the conservation values of the site
such as soil maps, land cover data, natural community descriptions, ecological data,
and other relevant agricultural or forestry information.
18
A copy of the baseline documentation report shall be kept on file with the easement grantee
and must be reviewed by the landowner prior to closing.
C. Monitoring Purpose
To protect conservation values and maintain safety on its fee simple properties, Person Soil and
Water Conservation District or their designee or agent will conduct regular monitoring and
maintain detailed records of inspections, problems on the property and actions taken to
address such problems.
1. Monitoring personnel. Overall supervision of monitoring is the responsibility of the
grantee but will be coordinated with the Farmland Preservation Coordinator.
2. Monitoring procedure. Comprehensive monitoring shall be performed at least
annually, with additional monitoring visits and reports to be generated as needed.
ARTICLE XXI
FARMLAND PRESERVATION RANKING SYSTEM
The farmland preservation ranking system will be used to rank, or prioritize, applications
received from landowners seeking sale or donation of their conservation easements. The
system can be used for evaluating conversion impact. The Advisory Board is responsible for
developing and adopting a system to rank and evaluate projects.
ARTICLE XXII
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase, or portion of this is for any reason found
invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance.
B. Conflict with other ordinances and statutes
Whenever the provisions of this Ordinance conflict with other ordinances of Person County, this
Ordinance shall govern. Whenever the provisions of any federal or state statute require more
restrictive provisions than are required by this Ordinance, the provisions of such statute shall
govern.
19
'
C. Amendments
This Ordinance may be amended from time to time by the Board of Commissioners.
D. Notice
A copy of this ordinance, once adopted, shall be recorded with the N.C. Department of
Agriculture and Consumer Services.
ARTICLE XXIII
EFFECTIVE DATE
This ordinance shall become effective on its adoption by the Person County Board of
Commissioners.
ADOPTED THIS THE 17TH DAY OF OCTOBER, 2022.
REVISED THIS 19TH DAY OF AUGUST, 2024.
1Y:
--
;/4 11 ,/r .£Jc~~
Gordon Powell, ChaJrmar( •
Person County Board of Commissioners
1 0 l ..
'· \. ,¥CA ~o~\ ~ "-,-:t!.,., ,,.~!'.'i· li
.... ,., ~-~:::-•:·"·':-j/:\·r°'
20
ATTEST:
u
Mi hele Solomon
Clerk to the Board of Commissioners