Bona Fide Farms
How do I get a bona fide farm exemption?
You will need to complete and submit a Bona Fide Farm Exemption Application (PDF). Please complete this application and email it to Madelynn Spencer at mspencer@pendercountync.gov or Gail Renn at grenn@pendercountync.gov, or deliver to 805 S. Walker Street, Burgaw, NC.
What is a bona fide farm exemption?
"The bona fide farm exemption protects agricultural operations from land use zoning regulations in North Carolina county's and municipal extraterritorial jurisdiction. But, the bona fide farm exemption is not a free pass for any activity or development to occur on property where agriculture occurs." (UNC School of Government)
How do I know if I am eligible for a bona fide farm exemption?
From the North Carolina General Statutes §160D-903:
"For purposes of determining whether a property is being used for bona fide farm purposes, any of the following is sufficient evidence that the property is being used for bona fide farm purposes, but other evidence may also be considered:
(1) A farm sales tax exemption certificate issued by the Department of Revenue.
(2) A copy of the property tax listing showing that the property is eligible for participation in the present‑use value program pursuant to G.S. 105‑277.3.
(3) A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
(4) A forest management plan."
- Is there a fee for a bona fide farm application?
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There is no fee for this application.
- Do I still need to get trade permits if I am deemed a Bona Fide Farm?
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Yes, for electrical, plumbing, and HVAC.
- If my property is deemed a Bona Fide Farm, do I need a Zoning Permit if I want to build a house on the property someday?
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Yes, please contact the Planning & Community Development Department at 910-259-1202.