Chapter 106

It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural…

(a) No nuisance action may be filed against an agricultural or forestry operation unless all of the following apply: (1) The plaintiff is a legal possessor of the real property affected by the conditions alleged to be a nuisance. (2) The real property affected by the conditions a…

(a) The compensatory damages that may be awarded to a plaintiff for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation shall be as follows: (1) If the nuisance is a permanent nuisance, compensatory damages shall be measured by…

Any farmer, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to enter upon the land for the purpose of removing any crops remaining in the farmer's fields following the harvesting of the crops, owes that person the sam…

This Article shall be known as "The North Carolina Biologics Law of 1981." The purpose of the law is to provide for the production and sale of biologics for the prevention or treatment of disease in animals other than man and to establish controls for the sale and use of biologic…

For purposes of this Article, the following words, terms and phrases are defined as follows: (1) "Animal" means all birds and mammals, other than man, to which biologics may be administered. (2) "Biologics" means preparations made from living organisms and their products, includi…

The Board of Agriculture shall adopt rules and regulations necessary for the implementation and administration of this Article. (1981, c. 552, s. 1.)

(a) No person shall engage in the production of biologics except in: (1) An establishment licensed by the Department; (2) An establishment licensed by the United States Department of Agriculture; or (3) An establishment producing biologics only for use by the owner or operator of…

The Commissioner, upon a finding that a licensed establishment producing biologics is not in compliance with this Article or any rules or regulations promulgated thereunder, may revoke or suspend the license in accordance with Chapter 150B of the General Statutes. (1981, c. 552, …

(a) No person shall offer for sale or use any biologic in North Carolina unless it is registered with the Commissioner. The registration shall be made on forms provided by the Commissioner. The forms shall require the applicant to provide information showing that the biologic: (1…

The Commissioner, upon a finding that a registered biologic is being produced, sold or distributed in violation of this Article or any rules or regulations promulgated thereunder, may revoke or suspend the regulation in accordance with Chapter 150B of the General Statutes. (1981,…

(a) Any person adjudged to have violated any provision of this Article or the rules and regulations promulgated thereunder is guilty of a Class 2 misdemeanor. The Attorney General or his representative has concurrent jurisdiction with the district attorneys of this State to prose…

The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and ext…

(a) This Article shall be known as "The Agricultural Development and Farmland Preservation Enabling Act." (b) The purpose of this Article is to authorize counties and cities to undertake a series of programs to encourage the preservation of qualifying farmland, as defined herein,…

(a) A county or a city may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualifying farms, as defined in G.S. 106-737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. (…

In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary agricultural district under Part 1 or Part 2 of this Article, it must be real property that: (1) Is used for bona fide farm purposes, as that term is defined in G.S. 106-7…

By written notice to the local government administering the voluntary agricultural district program, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 1025, s. 1; 2005-390, s. 3; 2021…

(a) An ordinance adopted under this Part shall provide: (1) For the establishment of voluntary agricultural districts upon the execution of a conservation agreement as provided in G.S. 106-737(4). (2) Repealed by Session Laws 2021-78, s. 1, effective July 2, 2021. (3) Repealed by…

(a) An ordinance adopted under this Part or Part 3 of this Article shall provide for the establishment of an agricultural advisory board, organized and appointed by the board of county commissioners or the city council adopting the ordinance. The county or city that adopted the o…

An ordinance adopted under this Part or Part 3 of this Article shall provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland, or rezone such land, within a voluntary agricultural district un…

(a) All counties shall require that land records include some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of the property line of any tract of land enrolled in a voluntary agric…

(a) A county or a city that has adopted an ordinance under this Part may provide by ordinance that its water and sewer assessments be held in abeyance, with or without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such …

A county or a city adopting an ordinance under this Part or Part 3 of this Article may consult with the North Carolina Commissioner of Agriculture or the Commissioner's staff before adoption, and shall record the ordinance with the Commissioner's office after adoption. Thereafter…

(a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary agricultural district. An ordinance adopted pursuant to this Part shall provide: (1) For the establishment of an enhanced voluntary agricultural district that initially consists of at least t…

A conservation agreement entered into between a county or city and a landowner pursuant to G.S. 106-743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is executed. At the end of its term, a conservation agreement shall automatically ren…

The provisions of G.S. 106-739 through G.S. 106-741 and G.S. 106-743 apply to an enhanced voluntary agricultural district under this Part, to an ordinance adopted under this Part, and to any person, entity, or farmland subject to this Part in the same manner as they apply under P…

(a) Property that is subject to a conservation agreement under G.S. 106-743.2 that remains in effect may receive up to twenty-five percent (25%) of its gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from zoning regulations under…

(a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county or a city may provide that all assessments for utilities provided by that county or city are held in abeyance, with or without interest, for farmland subject to a conservation …

(a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined by G.S. 106-737. (b) For purposes of this section, "agricultural conservation easement" means a negative easement in gross restr…

(a) Committee Established. - There is established the North Carolina Sentinel Landscape Committee (Committee). (b) Findings and Purpose. - The General Assembly finds that sentinel landscapes are places where preserving the working and rural character of the State's private lands …

There is created the North Carolina Wine and Grape Growers Council of the Department of Agriculture and Consumer Services. The North Carolina Wine and Grape Growers Council shall have the following powers and duties: (1) To identify and implement methods for improving North Carol…

The Commissioner shall appoint a North Carolina Spirituous Liquor Advisory Council (Council) to consist of individuals who have education or experience in the spirituous liquor industry or in the field of tourism. The membership shall be comprised of members of the spirituous liq…

The Council shall have all of the following powers and duties: (1) To identify and implement methods for improving North Carolina's rank as a spirituous liquor-producing State. (2) To assure orderly growth and development of North Carolina's spirituous liquor industry. (3) To inc…

(a) The North Carolina Wine and Grape Growers Council shall consist of 10 members who shall be appointed by the Commissioner of Agriculture as provided in this section. The members of the Council shall be divided into an advisory committee for the Vinifera Group and an advisory c…

The General Assembly finds and declares that it is in the best interest of the citizens of North Carolina to promote and encourage the development of the State's aquacultural resources in order to augment food supplies, expand employment, promote economic activity, increase stock…

This Article shall be known as the Aquaculture Development Act. (1989, c. 752, s. 147.)

In addition to the definitions in G.S. 113-129, the following definitions shall apply as used in this Article, (1) Aquaculture. - The propagation and rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching; (2) Aquaculture …

(a) For the purposes of this Article, aquaculture is considered to be a form of agriculture and thus the Department of Agriculture and Consumer Services is designated as the lead State agency in matters pertaining to aquaculture. (b) The Department shall have the following powers…

(a) Authority. - The North Carolina Department of Agriculture and Consumer Services shall regulate the production and sale of commercially raised freshwater fish and freshwater crustacean species. The Board of Agriculture shall promulgate rules for the registration of facilities …

(a) The North Carolina Department of Agriculture and Consumer Services shall, with the assistance of the Wildlife Resources Commission, develop and implement a fish disease management plan to prevent the introduction of fish diseases through aquaculture facilities subject to the …

(a) Natural watercourses as designated by law or regulation shall not be blocked with a stand, dam, weir, hedge, or other water diversion structure to supply an aquaculture facility that in any way prevents or fails to maintain the free passage of anadromous or indigenous fish. (…

(a) License Required. - A person who intends to raise American alligators commercially must first obtain an Aquaculture Propagation and Production Facility License from the Department. The Board of Agriculture may regulate a facility that raises American alligators to the same ex…

A person who violates this act or a rule of the Board of Agriculture adopted hereunder is guilty of a Class 3 misdemeanor. (1993, c. 18, s. 2; 1994, Ex. Sess., c. 14, s. 56.) Article 64. Genetically Engineered Organisms Act. §

This Article shall be known as the "Strawberry Assessment Act." (1989 (Reg. Sess., 1990), c. 1027, s. 1.)

The General Assembly hereby finds that strawberry production makes an important contribution to the State's economy; and that it is appropriate for the State to provide a means whereby strawberry producers may voluntarily assess themselves in order to provide funds for strawberry…

As used in this Article: (1) "Association" means the North Carolina Strawberry Association, Inc. (2) "Commercial production" means the production of strawberries for sale. (3) "Department" means the North Carolina Department of Agriculture and Consumer Services. (4) "Strawberry p…

(a) At any time after the effective date of this Article, the Association may conduct a referendum among strawberry producers upon the question of whether an assessment shall be levied as provided for herein. (b) The Association shall determine: (1) The amount of the proposed ass…

(a) The assessment shall not be collected unless at least two-thirds of the votes cast in the referendum are in favor of the assessment. If at least two-thirds of the votes cast in the referendum are in favor of the assessment, then the Department shall notify all strawberry plan…

The Department shall remit all funds collected under this Article to the Association at least monthly. The Association shall use such funds for research and marketing related to strawberries including such administrative expenses as may be reasonably necessary to carry out this f…

This Article shall be known as the "Pork Promotion Assessment Act." (1991, c. 605, s. 1.)