Bill Summary for S 380 (2011-2012)

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Summary date: 

Apr 28 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 380 (Public) Filed Thursday, March 17, 2011
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.

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Bill summary

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.