A BILL TO BE ENTITLED
AN ACT to clarify the definition of "bona fide farm purposes" and to exempt property used for bona fide farm purposes from Municipal Zoning and building code enforcement.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 153A‑340(b)(2) reads as rewritten:
"(b)	(2)	Except as provided in G.S. 106‑743.4 for farms that are subject to a conservation agreement under G.S. 106‑743.2, bona fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. 106‑581.1. For purposes of this subdivision, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a 'Goodness Grows in North Carolina' product, a 'Got To Be NC' product, or both, that is produced on a farm subject to a conservation agreement under G.S. 106‑743.2 is a bona fide farm purpose."
SECTION 2.  G.S. 160A‑360 is amended by adding a new subsection to read:
"(k)	As used in this subsection, "bona fide farm purposes" is as described in G.S. 153A‑340. As used in this subsection, "property" means a single tract of property or an identifiable portion of a single tract. Property that is located in a municipality's extraterritorial jurisdiction and that is used for bona fide farm purposes is exempt from compliance with the municipality's zoning authority and building code enforcement under this Article. Property that is located in a municipality's extraterritorial jurisdiction and that ceases to be used for bona fide farm purposes shall become subject to the exercise of all powers granted under this Article. This subsection shall not limit a municipality's authority to regulate the subdivision, development, or use of property for purposes that are not bona fide farm purposes. For purposes of this subsection, any of the following shall constitute 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 pursuant to G.S. 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."
SECTION 3.  This act is effective when it becomes law.