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Farmland Preservation Programs
Conservation Easements
Agricultural Development and Farmland Preservation Trust Fund (ADFPTF)
Each year the district is eligible to apply for the farmland preservation program administered by the North Carolina Department of Agriculture and Consumer Services.
The purpose of the program is to preserve agricultural lands as they face increasing pressure from development, both commercial and residential. Through an agreement with the landowner, an easement is placed on the property, restricting development. In return for this easement, the landowner is eligible to receive compensation. Easements can either be a term of years or permanent in duration.
What are the requirements for the potential funding of a conservation easement?
- Working land use (agriculture, horticulture, forestry) in North Carolina.
- Land must remain in private ownership.
- Only counties or non-profit conservation organizations may apply on behalf of a landowner.
Tax Distribution
American Farmland Trust conducted a recent study that showed for every dollar in taxes received from working lands, only 34 cents in services is paid by the government. Service paid by the government for residential development showed an average of $1.15 per dollar of taxes received. It is a net gain of revenue for the tax base and thus an economic benefit for any county to preserve working lands.
This is especially true for Haywood County as our community encompasses over 64,000 acres of farmland and produces over 17 million dollars from livestock, dairy and crops into production. Farming is our way of life here and we must provide resources for landowners to use if they want to continue their livelihood.
For more information, please contact the Haywood Soil and Water Conservation District.
Voluntary Agricultural Districts
Haywood County Farmland Preservation Ordinance
Haywood County landowners have two options under the Farmland Preservation ordinance to protect their land from encroaching development:
- Enhanced Voluntary Agriculture District (EVAD)
- Voluntary Agriculture District
The big difference between the two is that the Enhanced Voluntary Agriculture District ten-year conservation agreement cannot be revoked. Haywood County is the second County in the State of North Carolina to embrace the inclusion of Enhanced Voluntary Agriculture Districts.
Voluntary Agriculture District
The Voluntary Agriculture District (VAD) was established for Haywood County in 1994.
- Preserve and protect farmland, forestland and/or horticultural land from non-farm development
- To be eligible for the VAD, you must meet the following criteria:
- The land must be part of the present use value taxation program or be determined eligible for present use value
- The land must be managed in accordance with the United States Department of Agriculture (USDA) Natural Resources Conservation Service guidelines with respect to highly erodible land
- Voluntary Agriculture District land must be subject to a conservation agreement between the landowner and the county that prohibits non-farm use or development for a 10-year period, except for the creation of not more than three lots that meet applicable county zoning and subdivision requirements (Under the basic VAD ordinance, this agreement may be revoked by the landowner at any time)
Benefits
In return for voluntarily agreeing to these development restrictions, the land qualifies for the following benefits:
- Educational signage to publicize the land’s VAD status
- Increased protection from nuisance lawsuits
- Waiver of water and sewer assessments if the property is not connected to county water and sewer systems
- Required public hearings for proposed condemnation
- Voluntary Agriculture District for farmland preservation funds
Enhanced Voluntary Agriculture District
The Enhanced Voluntary Agriculture District passed for Haywood County on March 5, 2007. Same eligibility requirements and benefits as the VAD as well as:
- The 10-year conservation agreement between the landowner and the county cannot be revoked; automatically renewed every 3 years
- The landowner may receive up to 25% of gross sales from the sale of nonfarm products and still qualify as a bona fide farm
- The property is eligible to receive a higher percentage of cost-share funds under the Agricultural Cost Share Program-as high as 90% assistance
Benefits
In addition to these statutory benefits, EVAD properties may also enjoy these indirect benefits:
- An opportunity to stabilize the use of the land while considering longer-term options, such as permanent working land conservation easements
- Fewer unsolicited requests from developers to sell the property due to the 10-year irrevocable conservation agreement
- Protecting the county’s rural economy and rural heritage
- Maintaining scenic views; the availability of fresh produce, flowers, and other local farm products; wildlife habitat; clean air and water; lower levels of traffic; and a reduced infrastructure burden on county government
For more information, please contact the Haywood Soil and Water Conservation District.
For more information, please contact:
Haywood Soil and Water District
USDA Service Center
589 Raccoon Road
Suite 203
Waynesville, NC 28786
Phone: 828-452-2741, ext. 3