Senate committee substitute makes the following changes to 1st edition.
Amends GS 153A-340(b)(2), clarifying that a Got to be NC product produced on a farm subject to a conservation agreement also is a bona fide farm purpose. Makes other clarifying changes.
Amends GS 160A-360, clarifying in new subsection (k) that bona fide farm purposes is defined in GS 153A-340. Defines property as a single tract of property or an identifiable portion of a single tract. Provides that property located in a municipality’s extraterritorial jurisdiction that is used for bona fide farm purposes is exempt from compliance with the municipality’s zoning authority and building code enforcement. Provides that once such property ceases to be used for bona fide farm purposes, such property is subject to the municipality’s zoning authority and building code enforcement. Specifies that any of the following is sufficient evidence that property is being used for bona fide farm purposes:
(1) A farm sales tax exemption certificate issued by the Department of Revenue.
(2) A copy of the property tax listing showing that the property is eligible for participation in the present use value program under GS 105-277.3.
(3) A copy of the farm owner or operator’s Schedule F from the owner or operator’s most recent federal income tax return.
(4) A forest management plan.
(5) A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.
Removes proposed GS 160A-58.29, which prohibited the annexation of land being used for bona fide farm purposes as defined in GS 153A-340 on the date of the resolution of intent to consider annexation, without the written consent of the owner or owners of the property.
Makes other technical changes, and makes a conforming change to the title.
ETJ/DEFINITION OF BONA FIDE FARM PURPOSES (NEW).
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View NCGA Bill Details | 2011-2012 Session |
TO EXEMPT FARMS FROM THE EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES TO CLARIFY THE DEFINITION OF "BONA FIDE FARM," AND TO PROHIBIT THE INVOLUNTARY ANNEXATION OF FARMS.Intro. by Jackson.
Bill History:
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Thu, 17 Mar 2011 Senate: Filed
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Mon, 21 Mar 2011 Senate: Passed 1st Reading
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Mon, 21 Mar 2011 Senate: Ref To Com On Agriculture/Environment/Natural Resources
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Thu, 28 Apr 2011 Senate: Reptd Fav Com Substitute
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Thu, 28 Apr 2011 Senate: Com Substitute Adopted
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Mon, 2 May 2011 Senate: Withdrawn From Cal
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Mon, 2 May 2011 Senate: Placed On Cal For 5/3/2011
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Tue, 3 May 2011 Senate: Passed 2nd Reading
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Wed, 4 May 2011 Senate: Withdrawn From Cal
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Wed, 4 May 2011 Senate: Placed On Cal For 5/5/2011
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Thu, 5 May 2011 Senate: Withdrawn From Cal
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Thu, 5 May 2011 Senate: Placed On Cal For 5/10/2011
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Tue, 10 May 2011 Senate: Amend Failed 1
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Tue, 10 May 2011 Senate: Passed 3rd Reading
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Thu, 12 May 2011 House: Passed 1st Reading
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Thu, 12 May 2011 House: Ref To Com On Agriculture
Bill Summaries:
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Bill S 380 (2011-2012)Summary date: Apr 28 2011 - View Summary
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Bill S 380 (2011-2012)Summary date: Mar 17 2011 - View Summary
Amends GS 160A-360, adding new subsection (k) to provide that a bona fide farm as defined in GS 153A-340 is exempt from a municipality’s extraterritorial jurisdiction under Article 19 (Planning and Regulation of Development) of GS Chapter 160A. Amends GS 153A-340(b)(2) to clarify that bona fide farm purposes include the production and activities relating to or incidental to the production of specified categories of items all other forms of agriculture as defined in GS 106-581.1 (was, relating to or incidental to all other forms of agricultural products as defined in GS 106-581.1 having a domestic or foreign market). Provides that for the purposes of subdivision (b)(2), the production of a nonfarm product produced on a farm that is subject to a conservation agreement under GS 106-743.2 is a bona fide farm purpose if the Department of Agriculture and Consumer Services recognizes that nonfarm product as a Goodness Grows in North Carolina product, a Got To Be NC product, or both (was, recognizes only as a Goodness Grows in North Carolina product). Enacts new GS 160A-58.29 to prohibit the annexation of land being used for bona fide farm purposes as defined in GS 153A-340 on the date of the resolution of intent to consider annexation, without the written consent of the owner or owners of the property.