GS 153a-340 grants county zoning authority. However, this authority is limited in several areas: (b)(1-2) of this section limits this authority with respect to "bona fide farm purposes," which includes all forms of agricultural products. Article 52, chapter 106-581.1 defines "agriculture" to include "the planting and production of trees and timber." This protects forestry and agriculture from county zoning regulations.
Article 57, chapter
106-700 deals with nuisance liability of agriculture. In 1992, the NCFA
supported an amendment that added forestry to these provisions. This amendment
was passed, and the law now limits the ability of local governments from
declaring forestry operations a "public nuisance." This includes
activities involved in the growing, managing and harvesting of trees but
does not include
"sawmill operations."
County zoning statutes pertaining to the prohibition on zoning agriculture were amended to specifically reference the definition of agriculture in Article 52, chapter 106.
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