Mills River advisory board urges keeping agricultural exemptions during UDO rezoning

The Mills River Agricultural Advisory Board voted unanimously to recommend that the town preserve agricultural protections as it moves forward with a draft Unified Development Ordinance (UDO), stressing that voluntary agricultural district (VAD) status and bonafide farm exemptions should remain intact even if zoning designations change.

The board’s recommendation — read back by staff and approved after discussion — asked staff and council to "keep the least restrictive zoning and maintain ag exemptions to the fullest extent other than the federal and state requirements," language members agreed would protect active farms while allowing property owners the ability to seek later rezoning if they choose.

Town Manager Ben Carey (town manager) explained to the board that VAD status is based on whether land is actively farmed and does not automatically change with a zoning designation. "If you're farming on that property now... there's no effect on the [VAD] to my understanding," he said, and outlined a schedule for a consolidated draft to be released for public review in March followed by a large public forum at Mills River Elementary School.

Members and presenters emphasized two principles: preserve farmland and respect private property choices. One advisory board member who identified himself as a farmer said farmers often view their land as "their 401(k)" and warned that imposing minimum-lot-size restrictions such as a proposed Rural Preservation (RPV) minimum above three acres could limit a family's ability to sell small parcels to sustain farm operations. A letter read into the record and signed by Wayne Carlin made a similar point, saying: "The best way to preserve agriculture in Mills River is to allow farmers to make the best decisions for their operation and their land, which represent an entire life savings." The letter was read aloud by the board chair and entered into the record.

Staff noted that the rezoning exercise is required under state law where applicable, and stressed that the town and county have worked together: Henderson County’s Agriculture Advisory Board reviewed the parcels and provided a recommendation for the town to consider. Staff told members they will meet with property owners to discuss individual parcel implications and that any owner-initiated rezoning requests after the draft will follow the normal public rezoning process (with the board recommending a no-fee approach for filing such requests during the adjustment period).

The board agreed to forward the recommendation to planning staff and the town council and to continue public outreach; the recommendation passed by voice vote. The board also asked staff to ensure the UDO draft clearly defines bonafide farm exemptions and to avoid introducing incidental permit requirements that could impede active agricultural operations.

The board scheduled additional meetings to review the consolidated draft and urged residents to attend the March public forum to review proposed changes to the comprehensive draft.