Governor Josh Stein signed Senate Bill 401, the NC Farm Act of 2025-2026, into law as Session Law 2026-11 on June 22, 2026.
The bill passed the House 110 to 2 and cleared the Senate 48 to 0 on the conference report, reflecting an unusually broad consensus across party lines.
Two provisions that drew significant public opposition were stripped from the bill before final passage, shaping the legislation that ultimately became law.
A proposed ban on raw milk herd-share arrangements was removed, meaning the practice legal in North Carolina since 2018 continues under existing law, unchanged.
A proposed liability shield for pesticide manufacturers, which would have tied duty-to-warn obligations to EPA-approved labelling, was also cut, leaving product liability litigation under existing legal standards.
A proposal that would have expanded local governments’ authority to block construction near agricultural operations was likewise dropped before the bill reached the governor’s desk.
The Act directs the Department of Agriculture and Consumer Services to update North Carolina’s Strategic Plan for Protecting Agricultural Water Resources, last revised in 2010.
The updated plan must address water infrastructure needs, conservation practices, long-term storage capacity, flood mitigation, and incentive programmes for participating landowners.
DACS must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources by January 1, 2027, giving the process a firm deadline.
The Act extends the state’s land conservation tax credits through 2031, providing financial certainty for farm families and land trusts planning conservation easements and long-term preservation strategies.
Sellers of residential property must now disclose the existence of any voluntary agricultural district within half a mile of the property’s boundary under the NC Real Estate Commission’s standard disclosure statement.
Local governments also gain clearer authority to deny special use permits for projects that would cause undue negative impact on agricultural production, offering farming operations added protection against encroaching development.
The Act repeals the Violation Points System that applied to swine farms and makes technical corrections to the Swine Farm Siting Act covering floodplain construction and notice requirements.
Shellfish aquaculture operators will see a shift toward tiered penalties for lease and permit violations, replacing a flatter enforcement structure with one that scales to the severity of the offence.
Composting facilities of Types 1 through 3 are added to the statutory definition of agriculture, exempting them from county zoning and building code requirements.
A ten-member Feral Swine Working Group established within the Wildlife Resources Commission will develop a statewide control plan for feral hog damage, which has become a serious problem across many parts of the state.
Larceny of ungathered crops now carries stiffer penalties, with a second or subsequent offence elevated to a Class G felony and a minimum fine of $500.
New Hanover and Pender counties join the list of High Hazard Counties for open burning, and schools must now excuse students who miss class to participate in agricultural or equestrian events.
Most provisions took effect immediately upon signing, with the agricultural water plan report due to legislators by January 1, 2027, leaving time for stakeholders to engage as DACS shapes that work.