What is a Bona Fide Farm?

As defined in North Carolina General Statute 106-581.1, a bona fide farm can include many different types of farming activities, such as:

• Growing and harvesting crops, including fruits, vegetables, sod, flowers and ornamental plants.
• Planting and production of trees and timber including croplands and timberlands.
• Raising and caring for animals like horses, poultry and bees for personal and public use, sale or consumption. This includes livestock (not pets like cats or dogs), horse farms (training and breeding) and beekeeping.
• Aquaculture as defined in North Carolina General Statute 106-758; raising and breeding of aquatic animals and plants in controlled environments such as ponds, tanks or ocean ranches. An aquaculture facility can include any land, building or equipment used for this purpose, such as hatcheries, rearing ponds, raceways, pens or incubators, and aquatic species include fish, shellfish, crustaceans, amphibians, reptiles and aquatic plants.
• Running and maintaining a farm, improving buildings and structures such as barns, storage buildings and greenhouses, as well as making repairs, replacements, expansions or new constructions needed for farming operations.
• Marketing and selling farm products, running agritourism activities and using or storing materials needed for farming. This also includes packing, treating, processing, sorting or storing crops and livestock to add value, as well as related activities like farm tours, corn mazes, product stands or pick-your-own produce.

Obtaining one of the following criteria below is sufficient to determine if a property is used for bona fide farm purposes:

• A copy of the Wake County property tax listing showing that the property participates in the Present Use Value program (see NCGS 105-277 series).
  • Please note: Farms and property that qualify as bona fide farms do not automatically qualify for the Present Use Value Program.
• A copy of the IRS Schedule F from the farm owner’s or operator’s most recent federal income tax return.
• North Carolina Department of Revenue farm sales tax exemption certificate.
• Approved forest management plan.
   

Disclaimer: Discussions can be had with staff as to other documentation that can be used to qualify. We suggest also including extra evidence—such as photos of the property, receipts or purchase contracts—to help support your application. Please contact us with any questions at 919-856-6310 or Wake.Planning@wake.gov.

Wake County Planning staff will help determine if the proposed or existing building and/or structure qualifies for the farm exemption, so please contact staff prior to submitting an application. Once staff communicate that a proposal meets farm-exempt criteria, follow these steps:

1. Submit a Land Use Simple Application, which you can find on the Wake County Permit Portal at wake.gov/PermitPortal. As part of this application, you’ll need to upload:
   1. A completed Farm Exempt Supplemental form
      Include additional evidence—such as property photos, receipts or purchase contracts—to support your application.
   2. Site plan
      Disclaimer: A site plan meeting WC regulations may be required by other applicable permitting departments.
2. Pay the $50 permit fee. Any additional permits required as part of that review will have additional fees.
    

Please contact Wake County Planning with any questions at 919-856-6310 or Wake.Planning@wake.gov.

Under North Carolina General Statutes §160D-903, a bona fide farm is excluded from zoning regulations; however, there are a few exceptions:

• Non-farm uses of the property
• Compliance with Federal Emergency Management Agency regulations under the National Flood Insurance Program
• Compliance with Wake County’s flood damage prevention rules
   

The bona fide farm exemption does not remove the property from regulations such as stormwater management and well and septic requirements. All new and existing buildings, structures and uses proposed on the farm would require appropriate permits.

If the owner, occupancy or land use change in the future, any buildings or structures may lose the bona fide farm exemption and be subject to zoning regulations. If this happens, it could be in violation of development regulations and subject to enforcement action.