Fifth-generation cattle farmer Joe Ward of Whittier wants Jackson County commissioners to adopt a farmland preservation ordinance to provide him and others incentives to continue working the land.

“It’s not economically feasible to come to Western North Carolina and buy land and raise cattle on it,” he said.

High property values and rising costs for hay and farming equipment are causing farmers to sell their land, he explained.

Commissioners are considering adopting a voluntary and enhanced voluntary agricultural district ordinance to provide some relief for farmers. The board also hopes the ordinance will preserve some of the remaining farmland in Jackson from development.

“This is a first step for us,” Commissioner Tom Massie said. “Some people may not see the need for it, but we’ve lost hundreds of thousands of acres of farmland across the state over the past decade. We’ll continue to lose more as the state’s population increases. What this does, is allows us to access some state money and provides us with a tool to work within our small amount of authority we have to deal with land values.”

Many in Jackson are shocked at the new values assigned to their land since the revaluation went into effect in March. Property values have increased an average of 68 percent since the last assessment four years ago.

The Machinery Act of North Carolina, legislation adopted by the General Assembly in 1937, states all 100 counties must appraise all property uniformly.

“All properties in Jackson were appraised based on the market and what’s going on around them,” said Jackson County Tax Assessor Bobby McMahan.

Farmers and families who own large tracts of land saw a significant increase in their land values, which will lead to a spike in their property taxes.

The nuts and bolts

“This particular ordinance is kind of cutting edge,” said Michael Egan, the county’s land-use attorney who helped craft Jackson’s controversial steep slope and subdivision ordinances. “This ordinance is to help farmers and provide some incentives so that they are able to hold on to their land.”

The ordinance establishes a countywide agricultural district. Farmers can voluntarily sign up to participate in either the voluntary or the enhanced voluntary agricultural district.

Farms that enroll in the voluntary district will enter into a conservation agreement with the county. Farmers can cancel the agreement by submitting a written notice to the county. The contract will be revoked in 30 days.

Those who enter the enhanced program will enter a 10 -year conservation agreement. The ordinance also creates a seven-member agriculture advisory board that will oversee the agricultural district.

To qualify for the program, farmers must be part of the present use value tax program. Farmers who use 5 acres for horticulture, 10 acres for agriculture, or 20 acres for forestry are eligible for the program.

Jackson County has 800 farms in the present use value program that can apply and enroll in the countywide agricultural district.

There are several benefits farmers will receive by signing up for the program, county officials say.

The voluntary agricultural district gives enrolled members a greater voice in county affairs, it states a public hearing must be held before any eminent domain proceedings, and it provides farmers protection from nuisance lawsuits. In addition, those enrolled in the program would be exempt from any sewer or water assessment and mandatory hook-ups.

Farms enrolled in the enhanced voluntary agricultural district can receive a higher percentage of cost-share funds from the Agricultural Cost Share Program.

The cost share program — a project of the N.C. Division of Soil and Water Conservation— provides financial incentives for farmers who use best management practices. Farmers in the cost share program can receive up to 75 percent of grant funding to complete a project like installing new fencing. If the ordinance is adopted, farmers can receive up to 90 percent.

Ward plans to enroll his 100-acre farm along Rocky Branch Road into the enhanced voluntary agricultural district.

He is attracted to the program because he could potentially receive more cost-share funding.

“It’s not a guarantee, but I can receive more funding,” he said.

Haywood’s agricultural district has been a success story, according to George Ivey, coordinator of the Bethel Rural Preservation Project.

“It’s been a good provision,” he said. “It shows that farmers are committed to keeping their land.”

In the Bethel community, more than 500 acres of land have been enrolled in the enhanced agricultural district.

Haywood adopted its voluntary agricultural district ordinance in 1994. The county amended the regulation in 2007 to add enhanced agricultural district.

About 300 farmers participate in the agricultural district, said Leslie Smathers, director of Haywood County Soil and Water Conservation District Office. There are 2,900 parcels that are eligible for the program, he said.

Some farmers opposed

However, there are some Jackson farmers who are opposed to the county forming an agricultural district. Danny Holdren says the ordinance is one more regulation that the county is forcing upon its residents.

Holden owns a 45-acre cattle farm in the Nolton community. He says if commissioners adopt this ordinance, it will eventually lead to the county making the program mandatory for farmers.

“There is nothing voluntary about this. This will be forced upon the people of Jackson County,” he said.

Tree farmers Joni and Joe Wavra of Glenville also oppose the ordinance. The couple spoke out against the proposed regulation at a public meeting on May 5. The Wavra’s say the ordinance will not help their business.

“We don’t see any help from this ordinance,” Joni said.

The Wavra’s own a 45-acre tree farm. The revaluation set their farm’s value at $2.5 million. The couple says the ordinance will not provide any tax relief since they do not participate in the cost share program.

“It’s hard making a living as a tree farmer as the cost of gas and farming needs keeps going up,” John said. “I take care of my property and most of us need help, but we take care of things ourselves.”

However, county officials stress the program will be voluntary.

“It’s purely voluntary on the part of the property owners,” said Commissioner Will Shelton, a Whittier farmer.

Small farmers

Farmers who do not qualify for the program cannot participate in the agricultural district. Shelton says this stipulation puts mountain farmers at a disadvantage.

“There are a number of farmers that are sustaining crops on six or seven acres of land and cannot qualify for the program,” he said.

“It’s a real tragedy because there is this nationwide movement for locally produced food. We have a number of farmers who are growing a special crop on 10 acres or less but can’t quality for any of these incentives,” he added.

“This is just one more reason people have to sell their land to development,” Shelton said.

Ward and Shelton both hope the ordinance will lead to some changes in the Machinery Act.

“With the hopes of this being enacted, it would prompt the advisory board and commissioners to approach Raleigh for tax relief for small farmers,” Ward said.

Discuss agricultural district May 22

Jackson County commissioners plan more discussion on the voluntary and enhanced voluntary agricultural district ordinance at 6 p.m. on May 22. Read the ordinance online at http://planning.jacksonnc.org/html/ordinances.html.

The ordinance would:

• Provide farmers a greater voice in county government by creating an Agricultural Advisory Board

• Require a public hearing before any land enrolled in the program could be taken through eminent domain proceedings.

• Increase protection from nuisance suits as a result of the requirement for notice of the presence of working farms in county land records.

• Increase eligibility for farmland preservation funds.

• Farms enrolled in the program may receive up to 25% of their gross sales from the sale of non-farm products and still qualify as a bona fide farm exempt from zoning regulations.

• Farms enrolled are eligible to receive a higher percentage of cost?share funds under the Agriculture Cost Share Program.