Farming requires three basic elements: a soil medium, water, and light. This page provides discussion on the basics of acquiring and managing land, including ownership and leasing, water access, and the various legal rules and regulations concerning the management of both. Topics in this page include: land access, leasing, farm tenancy, the basics of property ownership and how it is titled, as well as regulations for its use under state (and sometimes federal) law.
Overview of Land Access
For aspiring farmers who lack access to acreage, obtaining that access might seem daunting. While the logistics of finding and financing land can be complex, a strategic, persistent and patient approach can yield results. And while “buying land” might seem like a high priority task, there are some advantages to starting the journey on leased land. This could lower the financial risk as well as give the aspiring farmer a better understanding of what to look for when she is ready to buy a farm of her own, and how to put it to fuller use when they do so. Aspiring farmers may want to check out NC State Extension’s
NC FarmLink program for a wealth of resources as well as a database of available farmland.
This page provides an overview of the types of leases and advice for landowners and tenants.
The way property is owned affects the rights of an individual to use, manage, sell or direct its distribution after death. This could affect who has a say in a farming operation, how the land is conveyed to heirs and what type of farming activities are feasible.
Land Clearing
Clearing land (i.e. removing trees, brush and stumps) for agricultural purposes is generally exempt from state law requiring a permit for such activity. However, such activity remains under the watchful eye of the local government (e.g. town, city, county) who will ensure that clearing is indeed for agricultural purposes. Also, forest operations such as harvesting and roadbuilding are subject to the
N.C. Forest Practices Guidelines, and any farmer who participates in USDA programs may be required to implement
certain erosion control measures. Finally, there may be
restrictions on activities within a certain number of feet from a pond, lake or stream, sometimes under federal law.
Water for Irrigation & Livestock
While aspiring farmers might think that land is the most important ingredient for starting a farm, access to water is perhaps equally important, or at least nearly so. For any prospective surface or subsurface water source, assessing the
quantity,
quality and
regulatory requirements can be a complex although vitally important endeavor. The Nursery Crop Science Portal on the NC State Extension website contains a wealth of
resources related to water quality, quantity, regulation and irrigation design that will have some relevance for almost any agricultural operation.
This page identifies common on-farm infrastructure and considerations for incorporating them into your landscape.
State law in North Carolina provides an
exemption from certain zoning requirements for “bona-fide farms”. While it does not give farmers an absolute right to “do whatever they want” on their land, it can streamline the process for specific farm-related activities such as erecting structures associated with the farm operation. Here is an NCSU Extension Fact Sheet
Neighbor Complaints: The Basics of North Carolina's Right to Farm and Bona Fide Farm Zoning which covers the exemption (and its relation to farming nuisance law). Also, here is a
presentation concerting the production requirement for Bona Fide Farm exemption from zoning.
