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Neighbor Complaints: The Basics of North Carolina's Right to Farm and Bona Fide Farm Zoning

By: Robert Andrew Branan, JD Farm Law for Operators and Landowners

Though impossible to measure the incidence of neighbor complaints against farmers, North Carolina public policy to protect production agriculture rests on the presumption of a legal pathway by which one landowner can curtail the farming practices of another. These concerns may arise when a neighbor complains to the farm operator about aspects of their land use they find displeasing. Other times when a neighbor discovers that the landowner plans to expand or implement new farming practices on land in their proximity, the neighbor may threaten to “sue” the farmer, or may call local authorities (e.g. zoning office, sheriff’s office, animal control) demanding they use their power to stop the offending farming activity. Such complaints call into force North Carolina’s Right to Farm Law, as well as the Bona Fide Farm exception to county zoning regulations. This short fact sheet provides an overview and contrast between these two policy concepts in farm operation support.

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