Bill Text: NC S380 | 2011-2012 | Regular Session | Amended
Bill Title: ETJ/Definition of Bona Fide Farm Purposes
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Introduced - Dead) 2011-05-12 - Ref To Com On Agriculture [S380 Detail]
Download: North_Carolina-2011-S380-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 380
Short Title: ETJ/Clarify Definition of Bona Fide Farm. |
(Public) |
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Sponsors: |
Senators Jackson; Atwater, Brock, Brown, East, Goolsby, Harrington, Meredith, Pate, Rouzer, Soucek, Tucker, and Walters. |
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Referred to: |
Agriculture/Environment/Natural Resources. |
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March 21, 2011
A BILL TO BE ENTITLED
AN ACT 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.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 160A‑360 is amended by adding a new subsection to read:
"(k) A 'bona fide farm' as defined in G.S. 153A‑340 is exempt from a municipality's extraterritorial jurisdiction under this Article."
SECTION 1.(b) 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 agricultural products agriculture
as defined in G.S. 106‑581.1 having a domestic or foreign
market. 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
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. Article 4A of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑58.29. No involuntary annexation of farms.
No land being used for bona fide farm purposes, as defined in G.S. 153A‑340 on the date of the resolution of intent to consider annexation, shall be annexed without the written consent of the owner or owners of the property."
SECTION 3. This act is effective when it becomes law.