FARMS EXEMPT FROM CITY ANNEXATION & ETJ (NEW)

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View NCGA Bill Details2011-2012 Session
House Bill 168 (Public) Filed Wednesday, February 23, 2011
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.
Intro. by Sanderson, Cleveland.

Status: Ch. SL 2011-363 (House Action) (Jun 27 2011)

Bill History:

H 168/S.L. 2011-363

Bill Summaries:

  • Summary date: Jun 30 2011 - View Summary

    AN ACT TO CLARIFY THE DEFINITION OF "BONA FIDE FARM PURPOSES," TO PROHIBIT THE INVOLUNTARY MUNICIPAL ANNEXATION OF PROPERTY USED FOR BONA FIDE FARM PURPOSES, AND TO PROVIDE THAT PROPERTY USED FOR BONA FIDE FARM PURPOSES IS EXEMPT FROM THE EXERCISE OF MUNICIPAL EXTRATERRITORIAL JURISDICTION. Summarized in Daily Bulletin 2/23/11, 3/21/11, 6/14/11, and 6/15/11. Enacted June 27, 2011. Effective June 27, 2011. Sections 2, 3, and 3.1 apply to annexations of property used for bona fide farm purposes that were initiated or are pending on or after that date.


  • Summary date: Jun 15 2011 - View Summary

    Senate amendment makes the following changes to 3rd edition.
    Deletes proposed GS 160A-393.1 which exempts property used for bona fide farm purposes, as defined in GS 153A-340, from municipal zoning. Makes a conforming change to the title.


  • Summary date: Jun 14 2011 - View Summary

    Senate committee substitute makes the following changes to 2nd edition. Amends GS 153A-340(b)(2) to specify what constitutes sufficient evidence that a property is being used for bona fide farm purposes.
    Amends GS 160A-36, GS 160A-48, and GS 160A-58.54 (if House Bill 845 is enacted), respectively, to (1) define property as a single tract of property or an identifiable portion of a single tract and (2) specify that property that is being used for bona fide farm purposes on the date of the resolution of intent to consider annexation may not be annexed without the written consent of the owner or owners of the property. Effective for annexations of property used for bona fide farm purposes that were initiated by municipalities on or after the date that the act becomes law or that are pending on that date.
    Amends GS 160A-360(k) to (1) define property as a single tract of property or an identifiable portion of a single tract and (2) specify that property located in the geographic areas of a municipality’s extraterritorial jurisdiction and that is used for bona fide farm purposes is exempt from exercise of the municipality’s extraterritorial jurisdiction unless and until that property ceases to be used for bona fide farm purposes.
    Makes conforming changes to title.


  • Summary date: Mar 21 2011 - View Summary

    House committee substitute makes the following changes to 1st edition.
    Rewrites the title as AN ACT TO CLARIFY THE DEFINITION OF “BONA FIDE FARM PURPOSES,” TO PROHIBIT THE INVOLUNTARY MUNICIPAL ANNEXATION OF PROPERTY USED FOR BONA FIDE FARM PURPOSES, TO EXEMPT PROPERTY USED FOR BONA FIDE FARM PURPOSES FROM THE EXTRATERRITORIAL PLANNING AND ZONING JURISDICTION OF MUNICIPALITIES, AND TO EXEMPT PROPERTY USED FOR BONA FIDE FARMING PURPOSES FROM MUNICIPAL ZONING.
    Amends GS 153A-340(b)(2) defining bona fide farm purposes to include all other forms of agriculture as defined in in GS 106-581.1 (was, included all other forms of agricultural products as defined in GS 106-581.1 having a domestic or foreign market).
    Amends GS 160A-36 and GS 160A-48 to prohibit the annexation of land, which on the date of the resolution of intent to consider annexation is being used for bona fide farm purposes, without the written consent of the owner or owners of the property. Amends GS 160A-360 to provide that property used for boa fide farm purposes, as defined in GS 153A-340, is exempt from a municipality’s extraterritorial jurisdiction.
    Amends proposed new GS 160A-393.1 to exempt property used for bona fide farm purposes as defined in GS 153A-340 from municipal zoning under Part 3 of GS Chapter 160A, Article 19 (was, provided a zoning exemption for any agricultural interest annexed by a municipality and defined “agricultural interest”). Deletes proposed new subsection (a2) to GS Chapter 160A-360.


  • Summary date: Feb 23 2011 - View Summary

    Enacts new GS 160A-393.1 as the title indicates. Applies to any agricultural interest included in an area to be annexed by a municipality under Article 4A (regarding extension of corporate limits) of GS Chapter 160A. Defines agricultural interest to mean an area of land, including any structures, used primarily for (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; or (8) equine activities.
    Adds a new subsection (a2) to GS 160A-360 to provide that the provisions of GS 160A-360 (regarding territorial jurisdiction) do not apply to any agricultural interest, as defined in proposed GS 160A-393(b), located within the extraterritorial jurisdiction of a municipality.