Bill Summary for H 168 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
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.
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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.