|
|
|
|
|
Ag district program ready
by Jule Hubbard
(Photo caption) Photo courtesy of Michael Pardue-Wilkes County's new voluntary agriculture district program is now ready for applications. The program helps protect agriculture by providing public notification of farming and forest management activities, which helps discourage the filing of "nuisance lawsuits." The photo is on the Sidden farm in Traphill.
Applications are being accepted for participation in the county's new Voluntary Agriculture District Program, which is designed to help preserve farmland and timberland in Wilkes.
The program, established in an ordinance approved by Wilkes County commissioners in April, provides public notice that land is used for farming and timber production. Legislation approved by the N.C. General Assembly authorized counties to create agricultural districts.
A primary goal of the program is to prevent conflicts over the sights, smells or sounds of agriculture, said Claude Shew Jr., an eastern Wilkes poultry and beef farmer who chairs the Wilkes Agriculture Advisory Board.
These conflicts have resulted in "nuisance lawsuits" in some other North Carolina counties. Such a suit was filed, although unsuccessfully, against an Alexander County man over smells from his poultry farm.
The program helps people learn where they can expect common farming activities like manure spreading, timber harvesting, controlled burning and livestock operations, said Shew, adding that this becomes increasingly important as more newcomers move to Wilkes and as the percentage of the county's population directly connected to agriculture decreases.
"Anyone who moved next to a farm enrolled in the voluntary agriculture district program would have a hard time proving he or she was unaware that a farm was next door," said Shew.
When an application for being in the program is approved by the Wilkes Agriculture Advisory Board, notices informing the public go up at offices of the Wilkes Register of Deeds, Wilkes Tax Department, Wilkes Cooperative Extension Service, Wilkes Soil & Water Conservation District, U.S. Farm Service Agency and Wilkes Planning Department. A notice includes a map showing the location of the new agriculture district.
It also is filed like a deed or other document with the Wilkes Register of Deeds for the standard filing fee, at the landowner's expense.
Wilkes Soil & Water Conservation District Director Mike Pardue said agricultural land included in the program would be identified as an additional "map layer" on county map records on the Wilkes County government website.
Agricultural district signs are required at entrances of participating farms. One roadside sign per participating property will be provided at no cost to the landowner through funding from the Wilkes County Farm Bureau.
County government provided funds for printing and other miscellaneous costs.
Land must be enrolled in the "present use" county property tax deferral program or meet these same requirements to be in an agricultural district.
The requirements include:
• agricultural land must consist of at least 10 acres that produced an average annual income of $1,000 over a three-year period;
• horticultural land must consist of at least five acres and produce an average income of $1,000 per year;
• forestland must consist of at least 20 acres in actual production and not included in a farm unit. An approved forestland management plan must be in place.
Land in agricultural districts is subject to conservation agreements between county government and the landowner. As defined in state statutes, these agreements prohibit non-farm use or development of the land for at least 10 years, except for creation of not more than three lots that meet county watershed, zoning and subdivision regulations.
The conservation agreements must also be filed at the Wilkes Register of Deeds office. A landowner can at any time voluntarily revoke a conservation agreement by submitting a written request to the advisory board. The agreements are renewable after 10 years.
Participating landowners may remove all or part of their land from the Voluntary Agriculture District Program by giving written notice to the Agricultural Advisory Board. If a part of the land is removed from the program, the remaining land must meet the program requirements for the land to continue in the program.
The Wilkes tax office notifies the advisory board when land no longer qualifies for present use status.
Shew said that based on the response to the voluntary agricultural district program, the option of an enhanced voluntary agricultural district program could be pursued in the future. It provides greater conservation restrictions on property, as well as eligibility for additional funding for farm preservation and conservation programs.
Also under the ordinance:
• a landowner in an agricultural district isn't required to connect to a Wilkes County water or sewer system and could waive related water, sewer and other utility assessments;
• no state or local government entity can start the process of acquiring land in an agricultural district through condemnation until the entity asks the advisory board to hold a public hearing on the matter. A mandatory process for the advisory board is spelled out;
• voluntary agricultural districts aren't allowed in "growth corridors" without approval of county commissioners, but county government hasn't designated such corridors;
• if considered highly-erodible, the land must be managed in accordance with U.S. Natural Resources Conservation Service standards for erosion control;
• developers of subdivisions or planned unit developments requiring approval from the planning board must provide written statements detailing locations and ownership of all property in ag districts within a half mile of developments. Wording in the notice includes, "These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing and other common farming activities may occur in these districts at any time during the day or night."
The ordinance established procedures for selecting the nine members of the Wilkes Agriculture Advisory Board. Pardue said the board would likely meet at least quarterly to act on applications.
The Wilkes Soil and Water Conservation District Board of Supervisors, Wilkes Cooperative Extension Service, U.S. Farm Service Agency County Committee, local Farm Bureau and local N.C. Forest Service office each submit one person for appointment to the board by commissioners.
In addition to Shew, board members are Benny Alexander, Don Somers, Kirk Mathis. Charles Mauldin, who died recently, was a member of the board also.
Members selected by the five agricultural entities select four other members—one each from southwestern, southeastern, northwestern and northeastern Wilkes. Borders of these regions are defined in the proposed ordinance by U.S. 421, N.C. 268, N.C. 16 and N.C. 18. Current members include Toby Lee Speaks from northeastern Wilkes, Gary Blake from southeastern Wilkes, James Motsinger from southwestern Wilkes and Max Bauguess from northwestern Wilkes.
After initial terms of one, two and three years, board members are appointed for three-year terms. At least seven of the members must be actively engaged in farming, horticulture and/or forestry.
The one-page agriculture district applications are available at the Wilkes Soil & Water Conservation District office in the Johnson J. Hayes Federal Building in Wilkesboro (838-3622 ext. 3) and at the Wilkes Cooperative Extension Service office (651-7331) on Curtis Bridge Road in Wilkesboro.
A website for the program is at wilkesvad.com. |
|
|
|
|
