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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2026-11
SENATE BILL 401
*S401-v-5*
AN ACT TO MAKE VARIO US CHANGES TO THE AG RICULTURAL LAWS OF T HIS
STATE.
The General Assembly of North Carolina enacts:
AGRICULTURAL WATER PLAN UPDATE
SECTION 1.(a) The Department of Agriculture and Consumer Services shall update
the Strategic Plan for Protecting Agricultural Water Resources in North Carolina established in
S.L. 2010-149 to include all of the following:
(1) Water infrastructure needs to increase access and long-term storage capacity.
(2) Water conservation and reuse practices.
(3) Cost-share assistance needed to incentivize (i) construction of water
infrastructure to increase access and long -term storage capacity and (ii)
implementation of water conservation and reuse practices.
(4) Methods to identify best management practices for temporary water storage
and retention to mitigate downstream flooding.
(5) Methods to identify best management practices to reduce the impact of
flooding on agricultural lands.
(6) Methods to design incentive programs to compensate landowners that
participate in flood mitigation programs.
SECTION 1.(b) The Department of Agriculture and Consumer Services shall report
to the Joint Legislative Oversight Committee on Agricultur e and Natural and Economic
Resources by January 1, 2027, on the development of the plan and any legislative changes needed
to implement the plan.
FERAL SWINE WORKING GROUP
SECTION 2.(a) There is authorized and housed administratively within the Wildlife
Resources Commission the Feral Swine Working Group. The Working Group shall consist of 10
members, as follows:
(1) The Executive Director of the North Carolina Wildlife Resources
Commission or the Executive Director's designee, who shall serve as cochair.
(2) The Commissioner of Agriculture or the Commissioner's designee, who shall
serve as cochair.
(3) The Forest Supervisor of the United States Forest Service or the Forest
Supervisor's designee.
(4) The State Director of the Wildlife Services Division of t he Animal and Plant
Health Inspection Service of the United States Department of Agriculture or
the State Director's designee.
(5) A representative of the North Carolina Pork Council.
(6) A representative of the North Carolina Veterinary Medical Association.
(7) A representative of the North Carolina Cattlemen's Association.
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(8) The President of the North Carolina Farm Bureau Federation, Inc., or the
President's designee.
(9) A representative of the North Carolina Wildlife Federation.
(10) A representative of the North Carolina Forestry Association.
SECTION 2.(b) The Feral Swine Working Group shall develop a statewide plan to
control feral swine damage on private and public lands. The Feral Swine Working Group shall
act in an advisory capacity to the Wildlife Resources Commission. In developing the plan, the
Working Group shall do all of the following:
(1) Orient the plan primarily toward public health and safety and toward
landowner assistance, providing some relief to landowners through feral
swine control, management, and eradication.
(2) Develop a system for sharing data and information as well as documenting all
activities associated with feral swine damage control efforts, so as to facilitate
evaluation of efforts.
(3) Provide educational activities as a part of the program, such as printed
materials, on-site instructions, and local workshops.
(4) Provide for the hiring of personnel necessary to implement feral swine damage
control activities, administer the program, and set salaries of personnel.
SECTION 2.(c) No later than January 1 of each year, the Working Group shall issue
a report to the Wildlife Resources Commission, the Senate and House Appropriations
Subcommittees on Agriculture and Natural and Economic Resources, and the Fiscal Research
Division on the results of the program during the preceding year.
SECTION 2.(d) The Wildlife Resources Commission shall implement the plan and
may enter a cooperative agreement with the Wildlife Services Division of the Animal and Plant
Health Inspection Service, the United States Department of Agriculture, the North Carolina
Department of Agriculture and Consumer Services, and other relevant agencies or organizations
to accomplish the plan.
REPEAL VIOLATION POINTS SYSTEM APPLICABLE TO SWINE FARMS
SECTION 4. G.S. 143-215.6E is repealed.
SWINE FARM SITING ACT TECHNICAL CORRECTION
SECTION 5.(a) G.S. 106-803(a2) reads as rewritten:
"(a2) No component of a liquid animal waste management system for which a permit is
required under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the General Statutes, other
than a lan d application site, shall be constructed on land that is located within the 100 -year
floodplain."
SECTION 5.(b) G.S. 106-805 reads as rewritten:
"§ 106-805. Written notice of swine farms.
Any person who intends to construct a swine farm whose animal waste management system
is subject to a permit under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the General
Statutes shall, after completing a site evaluation and before the farm site is modified, notify all
adjoining property owners; all property owners who own property located across a public road,
street, or highway from the swine farm; the county or counties in which the farm site is located;
and the local health department or departments having jurisdiction over the farm site of that
person's intent to construct the swine farm. This notice shall be by certified mail sent to the
address on record at the property tax office in the county in which the land is located. Notice to
a county shall be sent to the county manager or, if there is no county manager, to the chair of the
board of county commissioners. Notice to a local health department shall be sent to the local
health director. The written notice shall include all of the following:
(1) The name and address of the person intending to construct a swine farm.
Senate Bill 401 Session Law 2026-11 Page 3
(2) The type of swine farm and the design capacity of the animal waste
management system.
(3) The name and address of the technical specialist preparing the waste
management plan.
(4) The address of the local Soil and Water Conservation District office.
(5) Information informing the adjoining property owners and the property owners
who own property located across a public road, street, or highway from the
swine farm that they may submit written comments to the Division of Water
Resources, Department of Environmental Quality."
AMEND ELIGIBILITY CRITERIA FOR ANIMAL WASTE FERTILIZER
CONVERSION COST-SHARE PROGRAM
SECTION 6. Section 10.4(e) of S.L. 2023-134 reads as rewritten:
"SECTION 10.4.(e) Definitions. – The following definitions apply in this section:
(1) Eligible entity. – Any person who owns or operates an anaerobic lagoon or
other liquid animal waste management system treating animal waste from a
livestock operation that generates sludge suitable for conversion into fertilizer
products.products, or any person converting sludge from an anaerobic lagoon
or other liquid animal waste management system treating animal waste from
a livestock operation into fertilizer products.
(2) Eligible project. – Costs associated with the site engineering, permitting,
acquisition, or installation of sludge collection and processing equipment
needed for production of fertilizers and other soil additives meeting applicable
State and federal requirements for use in agricultural operations.
(3) Foundation. – The NC Foundation for Soil and Water Conservation, Inc., a
nonprofit corporation.
(4) Livestock. – Cattle, sheep, swine, goats, farmed cervids, or bison.
(5) Person. – Any individual, trust, estate, partnership, receiver, association,
company, limited liability company, corporation, or other entity or group.
(6) Program. – The Animal Waste Fertilizer Conversion Cost -Share Program
created by this section."
REQUIRE A STATEWIDE STUDY ON SHELLFISH AQUACULTURE LEASING AND
CURRENT MORATORIUMS ON SHELLFISH LEASING
SECTION 7.(a) Study. – The North Carolina Collaboratory (Collaboratory) shall
conduct a comprehensive study on shellfish aquaculture regulations to ensure a balanced
approach between economic development, environmental protection, and public access to coastal
waters. The study shall evaluate all of the following:
(1) The effectiveness of existing regulations and permitting governing shellfish
aquaculture leases.
(2) The history and policy bases for current permanent and temporary
moratoriums and whether to lift or modify existing moratoriums or enact
additional moratoriums on shellfish aquaculture leases.
(3) Best practices from other states for managing shellfish aquaculture.
(4) The economic impact of shellfish aquaculture expansion on coastal economies
and tourism.
(5) Potential and actual conflicts between shellfish aquaculture operations and
private property values, commercial or recreational fishing, boating, and other
coastal land and water uses.
Page 4 Session Law 2026-11 Senate Bill 401
(6) Environmental considerations, including water quali ty, seagrass protection,
and marine habitat impacts due to the presence or absence of shellfish
aquaculture in various coastal habitats.
(7) Regulatory, permitting, and environmental impact differences between
bottom and column leases.
(8) The role of loca l governments in shellfish aquaculture leases located in or
adjacent to their jurisdictions.
(9) Recommendations for a statewide framework on the regulation and permitting
of shellfish aquaculture that benefits the industry and the State while
mitigating conflicts with users of public trust waters.
SECTION 7.(b) Required Consultations. – In conducting its study, the Collaboratory
shall consult with the North Carolina Division of Marine Fisheries, the Marine Fisheries
Commission, and other stakeholders, inc luding shellfish growers, commercial and recreational
fishermen, property owners, and coastal area local governments.
SECTION 7.(c) Report. – The Collaboratory shall submit an interim report with
preliminary findings to the Joint Legislative Oversight Com mittee on Agriculture and Natural
and Economic Resources no later than December 1, 2026, and a final report, including any
recommendations for legislative or regulatory changes, by May 1, 2027.
MODIFY REQUIREMENTS FOR COMPOSTING OF EQUINE AND BOVINE
MORTALITY
SECTION 8.(a) Definitions. – For purposes of this section, "Disposal Systems Rule"
means 15A NCAC 02T .0113 (Permitting By Regulation).
SECTION 8.(b) Disposal Systems Rule. – Until the effective date of the revised
permanent rules that the Environmental Management Commission is required to adopt pursuant
to subsection (d) of this section, the Commission shall implement the Disposal Systems Rule as
provided in subsection (c) of this section.
SECTION 8.(c) Implementation. – Notwithstanding any provisi on of Subchapter
02T of Title 15A of the North Carolina Administrative Code, and in addition to all disposal
systems permitted by regulation pursuant to subsection (a) of the Disposal Systems Rule on the
date this section becomes effective, the Environmental Management Commission shall also deem
a disposal system to be permitted pursuant to G.S. 143-215.1(b) and not require individual
permits or coverage under a general permit if the disposal system meets all of the following
criteria:
(1) The disposal system is used for equine or bovine composting.
(2) The disposal system does not result in any violations of surface water or
groundwater standards.
(3) The disposal system does not directly discharge to surface waters.
(4) The construction and operation of facilities, if any are included in the disposal
system, are approved by the North Carolina Department of Agriculture and
Consumer Services.
(5) The disposal system is approved by the State Veterinarian pursuant to
G.S. 106-403.
(6) In the event of an immin ent threat of a contagious animal disease, any
emergency measure or procedure related to composting of animal mortality
pursuant to G.S. 106-399.4(a) is authorized.
SECTION 8.(d) Additional Rulemaking Authority. – The Commission shall adopt
a rule to amen d the Disposal Systems Rule consistent with subsection (c) of this section.
Notwithstanding G.S. 150B-19(4), the amendment to the Disposal Systems Rule adopted by the
Commission pursuant to this section shall be substantively identical to the provisions of
subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of
Senate Bill 401 Session Law 2026-11 Page 5
Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall
become effective as provided in G.S. 150B-21.3(b1), as tho ugh 10 or more written objections
had been received as provided in G.S. 150B-21.3(b2). Rules adopted pursuant to this section are
not subject to G.S. 150B-21.3(b3) and G.S. 150B-19.4, as enacted by S.L. 2025-82.
SECTION 8.(e) Sunset. – This section expire s when permanent rules adopted as
required by subsection (d) of this section become effective.
SECTION 8.(f) No Effect on Existing Exemptions. – Nothing in this section, or in
any rule adopted pursuant to this section, shall be construed to modify, limit, repeal, condition,
or otherwise affect any exemption from permitting or regulation applicable to a farming
operation, silvicultural operation, or other agricultural activity under subdivision (f)(2) or (g)(2)
of 15A NCAC 13B .1402.
ALLOW EXCUSED SCHOOL ABSENCES FOR EQUESTRIAN COMPETITIONS AND
OTHER AGRICULTURAL EVENTS
SECTION 9. G.S. 115C-379 reads as rewritten:
"§ 115C-379. Method of enforcement.
(a) It shall be the duty of the State Board of Education to formulate the rules that may be
necessary for the proper enforcement of the provisions of this Part. The Board shall prescribe (i)
what shall constitute unlawful absence, (ii) what causes may constitute legitimate excuses for
temporary nonattendance due to a student's physical or mental inability to at tend or a student's
participation in a valid educational opportunity such as service as a legislative page or a
Governor's page, and (iii) under what circumstances teachers, principals, or superintendents may
excuse pupils for nonattendance due to immediat e demands of the farm or the home in certain
seasons of the year in the several sections of the State.
(b) In addition to any excused absences authorized pursuant to subsection (a) of this
section, the rules shall require school principals to authorize the following excused absences:
(1) Religious observance. – A minimum of two excused absences each academic
year for religious observances required by the faith of a student or the student's
parent or legal guardian.
(2) Military leave. – A minimum of two excused absences each academic year, if
all of the following conditions are met:
a. The student's parent or legal guardian is an active duty member of the
uniformed services, as defined by Article 29B of this Chapter, the
Interstate Compact on Educational Opportunity for Military Children.
b. The student's parent or legal guardian has been called to duty for, is on
leave from, or has immediately returned from deployment to a combat
zone or combat support posting.
c. The student is not identified by the local school administrative unit as
at risk of academic failure because of unexcused absences.
(3) Equestrian and agricultural events. – A minimum of two excused absences
each academic year for participation in equestrian sporting events, livestock
shows, or similar agricultural events.
The rules may require that the student's parent or legal guardian give the principal written
notice of the request for an excused absence a reasonable time prior to the religious observance
or military leave. observance, military leave, or equestrian and agricultural event. The student
shall be given the opportunity to make up any tests or other work missed due to an excused
absence for a religious observance or military leave.
(c) It shall be the duty of all school officials to carry out such instructions from the State
Board of Education, and any school official failing to carry out such instructions shall be guilty
of a Class 3 misdemeanor: Provided, that the compulsory attendance law herein prescribed shall
Page 6 Session Law 2026-11 Senate Bill 401
not be in force in any local school administrative unit that has a higher compulsory attendance
feature than that provided herein."
ADD NEW HANOVER AND PENDER TO HIGH HAZARD COUNTIES FOR OPEN
BURNING
SECTION 10. G.S. 106-942 reads as rewritten:
"§ 106-942. High hazard counties; permits required; standards.
(a) The provisions of this section apply only to the counties of Beaufort, Bladen,
Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Duplin, Gates, Hyde, Jones,
New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington
which are classified as high hazard counties in accordance with G.S. 106-940.
(b) It is unlawful for any person to willfully start or cause to be started any fire in any
woodland under the protection of the Departm ent or within 500 feet of any such woodland
without first having obtained a permit from the Department. Permits for starting fires may be
obtained from forest rangers or other agents authorized by the forest ranger to issue such permits
in the county in which the fire is to be started. Such permits shall be issued by the ranger or other
agent unless permits for the area in question have been prohibited or cancelled in accordance
with G.S. 106-944 or G.S. 106-946.
…."
ALLOW PESTICIDE BOARD TO ADJUST ANNUAL ASSESSMENT FOR
REGISTERED PESTICIDES
SECTION 11. G.S. 143-442 reads as rewritten:
"§ 143-442. Registration.
(a) Every pesticide prior to being distributed, sold, or offered for sale within this State or
delivered for transportation or transported in intr astate commerce or between points within this
State through any point outside this State shall be registered in the office of the Board, and such
registration shall be renewed annually before January 1 for the ensuing calendar year. Beginning
in 1988, the Board may by rule adopt a system of staggered three-year registrations. The applicant
for registration shall file with the Board a statement that includes all of the following:
(1) The name and address of the applicant and the name and address of the person
whose name will appear on the label, if other than the applicant.
(2) The name of the pesticide.
(3) A complete copy of the labeling accompanying the pesticide and a statement
of all claims to be made for it including directions for use.
(4) If requested by the Board, a full description of the tests made and the results
thereof upon which the claims are based.
(5) In the case of renewal of registration, a statement with respect to information
which is different from that furnished when the pesticide was last registered.
(6) Repealed by Session Laws 2011 -239, s. 1, effective June 23, 2011, and
applicable to applications for registration or renewals of registration filed on
or after that date.
(7) Any other information needed by the Board to determine the amount of annual
assessment payable by the applicant.
(b) The applicant shall pay an annual registration fee of one hundred fifty dollars
($150.00) plus an additional annual assessment for each brand or grade of pesticide registered.
The annual assessment shall be fifty dollars ($50.00) if the applicant's gross sales of the pesticide
in this State for the preceding 12 months for the period ending September 30th were more than
five thousand dollars ($5,000.00) and twenty -five dollars ($25.00) if gross sales we re less than
five thousand dollars ($5,000.00). set by the Board, not to exceed one hundred twenty-five dollars
($125.00). An additional two hundred dollars ($200.00) delinquent registration penalty shall be
Senate Bill 401 Session Law 2026-11 Page 7
assessed against the registrant for each brand or grade of pesticide which is marketed in North
Carolina prior to registration as required by this Article. In the case of multi-year registration, the
annual fee and additional assessment for each year shall be paid at the time of the initial
registration. The Board shall give a pro rata refund of the registration fee and additional
assessment to the registrant in the event that registration is canceled by the Board or by the United
States Environmental Protection Agency.
…."
LIQUID PETROLEUM GAS ENFORCEMENT AUTHORITY
SECTION 12. G.S. 119-57 reads as rewritten:
"§ 119 -57. Administration of Article; rules and regulations given force and effect of
law.law; powers.
(a) It shall be the duty of the Commissioner Commissioner, or agents of the
Commissioner, to administer all the provisions of this Article and all the rules and regulations
made and promulgated under this Article; to conduct inspections of liquefied petroleum gas
containers and installations; to investigate for violations of this Article and the rules and
regulations adopted pursuant to the provisions thereof, and to prosecute violations of this Article
or of such rules and regulations adopted pursuant to the provisions thereof.
(b) When necessary for the enforcement of this Chapter or rules adopted pursuant to this
Chapter, the Commissioner or the Commissioner 's authorized agents shall have the authority to
do all of the following:
(1) Access the premises and records of any place where liquefied petroleum
products are stored for the purpose of conducting an inspection or examining
any documentation related to the transport, sale, safety, and storage of
liquefied petroleum gases.
(2) Issue stop-sale, hold, and removal orders for any equipment used to dispense,
store, or transport liquefied petroleum gases that is found in violati on of the
provisions of this Chapter or rules adopted pursuant to this Chapter.
(3) Recall for inspection a vehicle used for the delivery of liquefied petroleum
gas."
PUBLIC WEIGHMASTER MODERNIZATION
SECTION 13.(a) G.S. 81A-52 reads as rewritten:
"§ 81A-52. License.
All public weighmasters shall be licensed. Any person not less than 18 years of age who
wishes to be a public weighmaster shall apply to the Department on a form provided by the
Department. A person operating as a public weighmaster outside of this State shall include with
the person's application for licensure in this State a copy of the most recent weighing device
inspection report performed by the person's local or state weights and measures officials within
the 12-month period immediately preceding the date of application. The Board may adopt rules
for determining the qualifications of the applicant for a license. Public weighmasters shall be
licensed for a period of one year beginning the first day of July an d ending on the thirtieth day
of June, day the application is processed, and a fee of nineteen dollars ($19.00) twenty-five
dollars ($25.00) shall be paid for each person licensed at the time of the filing of the application."
SECTION 13.(b) G.S. 81A-54 reads as rewritten:
"§ 81A-54. Official seal of the public weighmaster.
(a) It shall be the duty of every public weighmaster to obtain from the Department an
official seal for the sum of six dollars ($6.00), inscribed with the following words: that contains
the following information:
(1) "North Carolina Public Weighmaster" and any other design or legend the
Commissioner considers necessary. Weighmaster."
Page 8 Session Law 2026-11 Senate Bill 401
(2) The weighmaster's name.
(3) The assigned weighmaster license number.
(4) The expiration date of the weighmaster license.
(b) The seal shall be stamped or impressed on every certificate issued pursuant to this
Article. When an electronic stamp is used, the weighmaster 's signature shall be captured using
either of the following:
(1) Software that requires the user to sign in prior to adding the electron ic
signature to the certificate.
(2) An electronic signature pad that captures the signature live and then transfers
it to the certificate.
(c) The weighers of tobacco in leaf tobacco warehouses may use, instead of the seal, their
signatures in ink or other indelible substance posted in a conspicuous and accessible place in the
warehouse. All seals remain the property of the State and shall be returned to the Commissioner
upon termination of duties as a public weighmaster."
DIRECT AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION TO
STUDY LOW-HANGING COMMUNICATION LINES
SECTION 14. The Agriculture and Forestry Awareness Study Commission shall
collect information on communication lines that fall below the minimum height requirement and
create a public safety hazard, particularly to agricultural operations. In conducting the study, the
Commission shall seek input from the Office of Broadband Infrastructure of the Department of
Information Technology, telecomm unications companies, agricultural trade associations,
commodity organizations, electric cooperatives, electric utility companies, third -party
contractors, and any other stakeholders the Commission deems necessary. The Commission shall
report its findings, including any recommendations or proposed legislation, prior to the
convening of the 2027 Regular Session of the General Assembly.
REDUCE PENALTY FOR CERTAIN SHELLFISH AQUACULTURE VIOLATIONS
SECTION 15.(a) G.S. 113-187 reads as rewritten:
"§ 113-187. Penalties for violations of Subchapter and rules.
(a) Any person who participates in a commercial fishing operation conducted in violation
of any provision of this Subchapter and its implementing rules or in an operation in connection
with which any vessel is used in violation of any provision of this Subchapter and its
implementing rules is guilty of a Class A1 misdemeanor.
(b) Any owner of a vessel who knowingly permits it to be used in violation of any
provision of this Subchapter and its implementing rules is guilty of a Class A1 misdemeanor.
(c) Any person in charge of a commercial fishing operation conducted in violation of any
provision of this Subchapter and its implementing rules or in charge of any vessel used in
violation of any provision of this Subchapter and its implementing rules is guilty of a Class A1
misdemeanor.
(d) Any person in charge of a commercial fishing operation conducted in violation of the
following provisions of this Subchapter or the following rules of the Marine Fisheries
Commission; and any person in charge of any vessel used in violation of the following provisions
of the Subchapter or the following rules, shall be guilty of a Class A1 misdemeanor. The
violations of the statute or the rules for which the penalty is mandatory are:
(1) Taking or attempting to take, possess, sell, or offer for sale any oysters,
mussels, or clams taken from areas closed by statute, rule, or proclamation
because of suspected pollution.
(2) Taking or attempting to take or have in possession aboard a vessel, shrimp
taken by the use of a trawl net, in areas not opened to shrimping, pulled by a
Senate Bill 401 Session Law 2026-11 Page 9
vessel not showing lights required by G.S. 75A-6 after sunset and before
sunrise.
(3) Using a trawl net in any coastal fishing waters closed by proclamation or rule
to trawl nets.
(4) Violating the provisions of a special permit or gear license issued by the
Department.
(5) Using or attempting to use any trawl net, long haul seine, swipe net,
mechanical me thods for oyster or clam harvest or dredge in designated
primary nursery areas.
(e) Any person who takes menhaden or Atlantic thread herring by the use of a purse seine
net deployed by a mother ship and one or more runner boats in coastal fishing waters is guilty of
a Class A1 misdemeanor.
(f) Notwithstanding subsection (a) or subdivision (d)(4) of this section , any person who
operates a shellfish aquaculture operation who commits any of the following violations shall be
punished as follows:
(1) For an impr operly marked shellfish lease area , a first offense shall be
punishable only by issuance of a warning ticket pursuant to G.S. 113-140. A
second offense within one month of the issuance of a warning ticket shall be
punishable as an infraction as provided in G.S. 14-3.1. A third offense within
one month of the issuance of a warning ticket shall be punishable as a Class 3
misdemeanor.
(2) For operating under an expired aquaculture operation permit, if the violation
occurs within one month of the expiration of the permit, the violation shall be
punishable only by issuance of a warning ticket pursuant to G.S. 113-140.
(3) For operating under an expired shellfish lease agreement, if the violation
occurs within one month of the expiration of the agreement, the violation shall
be punishable only by issuance of a warning ticket pursuant to G.S. 113-140."
SECTION 15.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
INCREASE PENALTY FOR A S ECOND OR SUBSEQUENT OFFENSE FOR
LARCENY OF CROPS AND FOR ROBBING OR INJURING AQUACULTURE
OPERATIONS
SECTION 16.(a) G.S. 14-78 reads as rewritten:
"§ 14-78. Larceny of ungathered crops.
(a) If It is unlawful for any person shall to steal or feloniously take and carry away any
maize, corn, wheat, rice or other grain, or any cotton, tobacco, potatoes, peanuts, pulse, fruit,
vegetable or other product cultivated for food or market, growing, standing or remaining
ungathered in any field or ground, that person is guilty of a Class H felony.ground.
(b) A violation of this section is punishable as follows:
(1) For a first offense under this section, the person is guilty of a Class H felony,
punishable by a fine of not less than two hundred f ifty dollars ($250.00) in
addition to any other punishment prescribed for the offense.
(2) For a second or subsequent offense under this section, the person is guilty of
a Class G felony , punishable by a fine of not less than five hundred dollars
($500.00) in addition to any other punishment prescribed for the offense."
SECTION 16.(b) G.S. 113-218 reads as rewritten:
"§ 113-218. Protection of private marine aquaculture rights.
(a) Offense. – It is unlawful for any person, other than the holder of a lease issued under
this Article, to take or attempt to take marine species being produced under the license and
associated lease from any privately leased, franchised, or deeded marine aquaculture o peration
Page 10 Session Law 2026-11 Senate Bill 401
without written authorization of the holder and with actual knowledge it is a marine aquaculture
leased area. The written authorization shall include the lease number or deed reference, name and
address of authorized person, date of issuance, and date of expiration, and it must be signed by
the holder of the marine aquaculture rights. Actual knowledge will be presumed when the marine
species are taken or attempted to be taken under either of the following circumstances:
(1) From within the confines of posted boundaries of the area as identified by
signs, whether the whole or any part of the area is posted; or posted.
Identification signs shall include the lease number or deed reference and the
name of the holder.
(2) When the area has been regularly posted and identified and the person knew
the area to be the subject of private marine aquaculture rights.
(b) Penalty. – A violation of this subsection shall constitute a Class A1 misdemeanor,
which may include a fine of not more than five thousand dollar s ($5,000). The written
authorization shall include the lease number or deed reference, name and address of authorized
person, date of issuance, and date of expiration, and it must be signed by the holder of the marine
aquaculture rights. Identification signs shall include the lease number or deed reference and the
name of the holder.section shall be punishable as follows:
(1) For a first offense, the person is guilty of a Class H felony, punishable by a
fine of not less than two hundred fifty dollars ($250.00) in addition to any
other punishment prescribed for the offense.
(2) For a second or subsequent offense, the person is guilty of a Class G felony,
punishable by a fine of not less than five hundred dollars ($500.00) in addition
to any other punishment prescribed for the offense."
SECTION 16.(c) G.S. 113-269 reads as rewritten:
"§ 113-269. Robbing or injuring hatcheries and other aquaculture operations.
(a) The definitions established in G.S. 106-758 are incorporated by reference into this
section. For the purposes of this section, a shellfish lease issued pursuant to G.S. 113 -202 is
defined as an aquaculture facility only when it has been amended pursuant to G.S. 113 -202.1 to
authorize use of the water column and when it is or has been regu larly posted and identified in
accordance with the rules of the Marine Fisheries Commission.
(b) It is unlawful for any person without the authority of the owner of an aquaculture
facility to take fish or aquatic species being cultivated or reared by the owner from an aquaculture
facility.
(c) It is unlawful for any person to receive or possess fish or aquatic species stolen from
an aquaculture facility while knowing or having reasonable grounds to believe that the fish or
aquatic species are stolen.
(d) It is unlawful for any person to willfully destroy or injure an aquaculture facility or
aquatic species being reared in an aquaculture facility.
(e) Violation of subsections (b) or subsection (c) for fish or aquatic species valued at
more than four hundred d ollars ($400.00) is punishable under G.S. 14-72. Violation of
subsections (b) or subsection (c) for fish or aquatic species valued at four hundred dollars
($400.00) or less is a Class 1 misdemeanor.
(f) Violation of subsection (b) or (d) is a Class 1 misdemeanor.punishable as follows:
(1) For a first offense, the person is guilty of a Class H felony, punishable by a
fine of not less than two hundred fifty dollars ($250.00) in addition to any
other punishment prescribed for the offense.
(2) For a second or subsequent offense, the person is guilty of a Class G felony,
punishable by a fine of not less than five hundred dollars ($500.00) in addition
to any other punishment prescribed for the offense.
(g) In deciding to impose any sentence other than an active p rison sentence, the
sentencing judge shall consider and may require, in accordance with G.S. 15A-1343, restitution
Senate Bill 401 Session Law 2026-11 Page 11
to the victim for the amount of damage to the aquaculture facility or aquatic species or for the
value of the stolen fish or aquatic species.
(h) The district attorney shall dismiss any case brought pursuant to subsections (b) and
(c) if defendant produces a notarized written authorization for taking fish or aquatic species from
the aquaculture facility or if the fish or aquatic species taken f rom a shellfish lease aquaculture
facility was not a shellfish authorized for cultivation on the lease."
SECTION 16.(d) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
ADD CERTAIN COMPOSTING FACIL ITIES TO THE DEFINITION OF
"AGRICULTURE"
SECTION 17. G.S. 106-581.1 reads as rewritten:
"§ 106-581.1. Agriculture defined.
For purposes of this Article, the terms "agriculture", "agricultural", and "farming" refer to all
of the following:
…
(8) The production, processing, storage, use, and sale of compost for agricultural,
residential, or commercial purposes by a permitted Small or Large Type 1,
Type 2, or Type 3 composting facility as defined in rules adopted by the
Environmental Management Commission . For the purposes of this section,
compost means a product made from organic plant, animal, or food waste and
created through controlled aerobic, biological decomposition of
biodegradable materials that, when subject to mesophilic and thermophilic
temperatures, stabilizes the carbon content, reduces the viability of pathogens
and vector attraction, and when added to soils is beneficial to plant growth."
PROPANE ASSESSMENT AMENDMENTS
SECTION 18.(a) G.S. 119-63.4 reads as rewritten:
"§ 119-63.4. Referendum.
…
(c) The amount of the proposed assessment shall be stated on the referendum ballot. The
amount may not exceed the maximum allowable rate of two-tenths of one cent ($.002)
three-tenths of one cent ($.003) for each gallon of propane sold in this State by d istributors to
dealers.
…
(f) A proposed assessment shall become effective if more than fifty percent (50%)
seventy-five percent (75%) of the eligible votes cast by dealers in the referendum are cast in favor
of the assessment and if more than fifty percent (50%) seventy-five percent (75%) of the eligible
votes cast by distributors in the referendum are cast in favor of the assessment. If the assessment
is approved by the referendum, then the Foundation shall notify the Department and the Alliance
of the amount of the assessment and the effective date of the assessment. The Department shall
notify all distributors and dealers of the assessment."
SECTION 18.(b) G.S. 119-63.6(a) reads as rewritten:
"(a) The Foundation shall use the funds to promote the common good, welfare, and
advancement of the propane industry, including, but not limited to, the following activities and
programs: education, training, safety compliance, equipment replacement for low -income
customers, marketing, advertising, promotion, workforce development, and customer rebates to
encourage energy-efficient appliance and equipment purchases by residential, commercial, or
agricultural consumers. The Foundation shall consult with the Alliance regarding its proposed
use of the funds. In ad dition, the Foundation shall consult with agricultural industry trade
Page 12 Session Law 2026-11 Senate Bill 401
associations and other organizations representing agricultural consumers of propane to ensure
that some programs and activities benefit the agriculture industry."
SECTION 18.(c) Subsection (a) of this section becomes effective January 1, 2027,
and applies to referenda conducted on or after that date. The remainder of this section is effective
when it becomes law.
EXEMPT BUILDINGS USED FOR PRODUCTION OF AGRICULTURAL PRODUCTS
DERIVED FROM ANIMAL WASTE FROM BUILDING CODE AND COUNTY
ZONING
SECTION 19.(a) G.S. 160D-903 reads as rewritten:
"§ 160D-903. Agricultural uses.
(a) Bona Fide Farming Exempt From County Zoning. – County zoning regulations may
not affect property used for bona fide fa rm purposes; provided, however, that this section does
not limit zoning regulation with respect to the use of farm property for nonfarm purposes. Except
as provided in G.S. 106-743.4 for farms that are subject to a conservation agreement under
G.S. 106-743.2, bona fide farm purposes include the production and activities relating or
incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants,
dairy, livestock, poultry, and all other forms of agriculture, as defined in G .S. 106-581.1.
Activities incident to the farm include existing or new residences constructed to the applicable
residential building code situated on the farm occupied by the owner, lessee, or operator of the
farm and other buildings or structures shelteri ng or supporting the farm use and operation. For
purposes of this section, "when performed on the farm " in G.S. 106-581.1(6) includes the farm
within the jurisdiction of the county and any other farm owned or leased to or from others by the
bona fide farm operator, no matter where located. For purposes of this section, all of the following
uses are bona fide farm purposes:
(1) A building or structure that is used solely for storage of cotton, peanuts, or
sweetpotatoes, or any byproduct of those commodities, is a bona fide farm
purpose, including a building or structure on a property that does not have the
documentation listed in subdivisions (1) through (4) of this subsection. For
purposes of this section, a subsection (a1) of this section.
(2) A facility that receives used turkey brooder litter from brooder farms and
recycles the used litter by means of a drying process to reduce the moisture
content of the litter sufficient to send the recycled litter to a turkey grow -out
farm for reuse is a bona fide farm purpose. For purposes of this section, "when
performed on the farm" in G.S. 106-581.1(6) includes the farm within th e
jurisdiction of the county and any other farm owned or leased to or from others
by the bona fide farm operator, no matter where located. For purposes of this
section, the reuse.
(3) The production of a nonfarm product that the Department of Agriculture a nd
Consumer Services recognizes as a "Goodness Grows in North Carolina"
product that is produced on a farm subject to a conservation agreement under
G.S. 106-743.2 is a bona fide farm purpose. G.S. 106-743.2.
(4) A building or structure that is used for agritourism, if the building or structure
is located on a property that (i) is owned by a person who holds a qualifying
farm sales tax exemption certificate from the Department of Revenue pursuant
to G.S. 105-164.13E(a) or (ii) is enrolled in the present -use value program
pursuant to G.S. 105-277.3. Failure to maintain the requirements of this
subdivision for a period of three years after the date the building or structure
was originally classified as a bona fide far m purpose pursuant to this
subsection subjects the building or structure to applicable zoning and
development regulation ordinances adopted by a county pursuant to
Senate Bill 401 Session Law 2026-11 Page 13
G.S. 160D-702 in effect on the date the property no longer meets the
requirements of this subsection. For purposes of this subsection, "agritourism"
means any activity carried out on a farm or ranch that allows members of the
general public, for recreational, entertainment, or educational purposes, to
view or enjoy rural activities, including far ming, ranching, historic, cultural,
harvest-your-own activities, hunting, fishing, equestrian activities, or natural
activities and attractions. A building or structure used for agritourism includes
any building or structure used for public or private even ts, including, but not
limited to, weddings, receptions, meetings, demonstrations of farm activities,
meals, and other events that are taking place on the farm because of its farm
or rural setting.
(5) A building or structure that is used solely for the production of agricultural
products and commodities derived from animal waste , including fertilizers
and biogas. This subdivision shall include a building or structure on a property
that does not have the documentation listed in subdivisions (1) through (4) of
subsection (a1) of this section.
(a1) For purposes of determining whether a property is being used for bona fide farm
purposes, purposes under subsection (a) of this section, any of the following is sufficient evidence
that the property is be ing used for bona fide farm purposes, but other evidence may also be
considered:
(1) A farm sales tax exemption certificate issued by the Department of Revenue.
(2) A copy of the property tax listing showing that the property is eligible for
participation in the present-use value program pursuant to G.S. 105-277.3.
(3) A copy of the farm owner's or operator's Schedule F from the owner's or
operator's most recent federal income tax return.
(4) A forest management plan.
A building or structure that is used for agritourism is a bona fide farm purpose if the building
or structure is located on a property that (i) is owned by a person who holds a qualifying farm
sales tax exemption certificate from the Department of Revenue pursuant to G.S. 105-164.13E(a)
or (ii) is enrolled in the present -use value program pursuant to G.S. 105-277.3. Failure to
maintain the requirements of this subsection for a period of three years after the date the building
or structure was originally classified as a bona fide farm purpose pur suant to this subsection
subjects the building or structure to applicable zoning and development regulation ordinances
adopted by a county pursuant to G.S. 160D-702 in effect on the date the property no longer meets
the requirements of this subsection. For purposes of this section, "agritourism" means any activity
carried out on a farm or ranch that allows members of the general public, for recreational,
entertainment, or educational purposes, to view or enjoy rural activities, including farming,
ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or
natural activities and attractions. A building or structure used for agritourism includes any
building or structure used for public or private events, including, b ut not limited to, weddings,
receptions, meetings, demonstrations of farm activities, meals, and other events that are taking
place on the farm because of its farm or rural setting.
…."
SECTION 19.(b) G.S. 143-138(b4) reads as rewritten:
"(b4) Exclusion for Certain Farm Buildings. – Building rules do not apply to (i) farm
buildings that are located outside the building -rules jurisdiction of any municipality, (ii) farm
buildings that are located inside the building -rules jurisdiction of any municipality if the farm
buildings are greenhouses or therapeutic equine facilities, (iii) a primitive camp, or (iv) a
primitive farm building. For the purposes of this subsection:
Page 14 Session Law 2026-11 Senate Bill 401
(1) A "farm building" means any nonresidential building or structure that is used
for a bo na fide farm purpose as provided in G.S. 160D-903(a). A "farm
building" shall include:
…
d. A building used primarily for the storage of agricultural commodities
or products or storage and use of materials for agricultural purposes,
whether or not the building is located on the same property where the
agricultural commodities or products were produced, provided the
building is surrounded and adjoined by public ways and yards, as those
terms are defined in the 2018 North Carolina Building Code, of not
less than 60 feet in width. The owner of a qualifying building under
this sub-subdivision shall post a placard on the front of the building.
The placard shall be not less than 24 inches by 24 inches in size with
a red background, white reflective stripes, an d a white reflective
border. The placard shall display the words "Ag. Exempt" in white
reflective letters not less than 12 inches tall.
e. A building used solely for the production of agricultural products and
commodities derived from animal waste, includi ng fertilizers and
biogas, provided the building is surrounded and adjoined by public
ways and yards, as those terms are defined in the 2018 North Carolina
Building Code, of not less than 60 feet in width. The owner of a
qualifying building under this sub-subdivision shall post a placard on
the front of the building. The placard shall be not less than 24 inches
by 24 inches in size with a red background, white reflective stripes,
and a white reflective border. The placard shall display the words "Ag.
Exempt" in white reflective letters not less than 12 inches tall.
…."
SECTION 19.(c) This section becomes effective July 1, 2026.
MODERNIZE SHELLFISH AND AQUACULTURE STATUTES
SECTION 20.(a) G.S. 106-758 reads as rewritten:
"§ 106-758. Definitions.
In addition to the definitions in G.S. 113-129, the following definitions shall apply as used in
this Article,
(1) "Aquaculture" means the Aquaculture. – The propagation and rearing of
aquatic species in controlled or selected environments, including, but not
limited to, ocean ranching;
(2) "Aquaculture facility" means any Aquaculture facility. – Any land, structure
or other appurtenance that is used for aquaculture, including, but not limited
to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other
equipment used in aquaculture;
(3) "Aquatic species" means any Aquatic species. – Any species of finfish,
mollusk, crustacean, shellfish, or other aquatic invertebrate, amphibian,
reptile, or aquatic plant, and including, but not limited to, "fis h" and "fishes"
as defined in G.S. 113-129(7);
(4) "Commissioner" means the Commissioner. – The Commissioner of
Agriculture;
(5) "Department" means the Department. – The North Carolina Department of
Agriculture and Consumer Services.
(6) Shellfish. – Mollusca, specifically including oysters, clams, mussels, and
scallops."
Senate Bill 401 Session Law 2026-11 Page 15
SECTION 20.(b) G.S. 106-761 reads as rewritten:
"§ 106-761. Aquaculture facility registration and licensing.
(a) Authority. The North Carolina Department of Agriculture and Consumer Services
shall regulate the production and sale of commercially raised freshwater fish and freshwater
crustacean species. The Board of Agriculture shall promulgate rules for the registration of
facilities for the production and sale of freshwater aquaculturally raised species. The Board may
prescribe standards under which commercially reared fish may be transported, possessed, bought,
and sold. The Department and Board of Agriculture authority shall be limited to commercially
reared fish and shall not include authority over the wild fishery resource which is managed under
the authority of the North Carolina Wildlife Resources Commission. The authority granted herein
to regulate facilities licensed pursuant to this section does not authorize the Department of
Agriculture and Consumer Services or the Board of Agriculture to promulgate rules that (i) are
inconsistent with rules adopted by any other State agency; or (ii) exempt such facilities from the
rules adopted by any other State agency.
(b) Species subject to this section. The following species are exempt from special
restrictions on introduction of exotic species promulgated by the Wildlife Resources Commission
except to prevent disease. All other species are prohibited from propagation and production
unless the applicant for the permit first obtains written permission from the Wildlife Resources
Commission.
(1) Bluegill Lepomis macrochirus
(2) Redear Sunfish Lepomis microlophus
(3) Redbreast Sunfish Lepomis auritus
(4) Green Sunfish Lepomis cyanellus
(5) Any hybrids using above species of the genus Lepomis
(6) Black Crappie Pomoxis nigromaculatus
(7) White Crappie Pomoxis annularis
(8) Largemouth Bass Micropterus salmoides (northern
strain)
(9) Smallmouth Bass Micropterus dolomieui
(10) White Catfish Ictalurus catus
(11) Channel Catfish Ictalurus punctatus
(12) Golden Shiner Notemigonus crysoleucas
(13) Fathead Minnow Pimephales promelas
(14) Goldfish Carassius auratus
(15) Rainbow Trout Oncorhynchus mykiss
(16) Brown Trout Salmo trutta
(17) Brook Trout Salvelinus fontinalis
(18) Common Carp Cyprinus carpio
(19) Crayfish Procambarus species
(20) Striped Bass Morone saxatilis
…."
ELIMINATE THE SHELLFISH CULTIVATION LEASE REVIEW COMMITTEE
SECTION 21.(a) G.S. 143B-289.57(f) is repealed.
SECTION 21.(b) G.S. 113-202(g) reads as rewritten:
"(g) After consideration of the public comment received and any additional investigations
the Secretary orders to evaluate the comments, the Secretary shall notify the applicant in person
or by certified or registered mail of the decision on the lease application. The Secretary shall also
notify persons who submitted comments at the public hearing and requested notice of the lease
decision. If the Secretary fails to act on an application for a lease within 365 days after the
applicant has submitted all information required by the rules of the Marine Fisheries Commission
Page 16 Session Law 2026-11 Senate Bill 401
and accurately marked the proposed lease area, the application shall be deemed approved. An
applicant or another person aggrieved who is dissatisfied with the Secretary's decision may
commence a contested case by filing a petition under G.S. 150B-23 within 30 days after receiving
notice of the Secretary's decision. In the event the Secretary's decision is a modification to which
the applicant agrees, the lease a pplicant must furnish an amended map or diagram before the
lease can be issued by the Secretary. A person other than the applicant who is aggrieved by the
Secretary's decision may file a petition for a contested case hearing only if the Shellfish
Cultivation Lease Review Committee established pursuant to G.S. 143B-289.57(f) determines
that a hearing is appropriate. A request for a determination of the appropriateness of a contested
case hearing shall be made in writing and received by the Review Committee w ithin 30 days
after the disputed decision is made. A determination of the appropriateness of a contested case
shall be made by the Review Committee within 90 days after a request for a determination is
received and shall be based on whether the person seeking to commence a contested case:
(1) Has alleged that the decision is contrary to a statute or rule.
(2) Is directly affected by the decision.
(3) Has alleged facts or made legal arguments that demonstrate that the request
for the hearing is not frivolous.
If the Review Committee determines that a contested case is appropriate, the petition for a
contested case shall be filed within 30 days after the Review Committee makes its determination.
A determination that a person may not commence a contested case is a final agency decision and
is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on
judicial review, the court determines that the Review Committee erred in determining that a
contested case would not be app ropriate, the court shall remand the matter for a contested case
hearing under G.S. 150B-23 and final decision on the permit pursuant to G.S. 113A-122.
Decisions in such cases shall be rendered pursuant to those rules, regulations, and other
applicable laws in effect at the time of the commencement of the contested case.
The applicant or another person aggrieved by a final decision under this section may appeal
the decision to the superior court of the county where the proposed lease or any part thereof is
located, pursuant to the provisions of Chapter 150B of the General Statutes."
SECTION 21.(c) This section is effective when it becomes law and applies to
contested cases filed on or after that date. Any cases pending before the Shellfish Cultivation
Lease Review Committee on the effective date of this section may be refiled as a contested case
by filing a petition under G.S. 150B-23 within 30 days after the effective date of this section.
REPEAL FARMED CERVID INDUSTRY PROMOTION ACT
SECTION 22. Article 86 of Chapter 106 of the General Statutes is repealed.
ADJUST TIMING OF REFUND REQUEST PERIOD FOR GRADE "A" DAIRY
ASSESSMENT
SECTION 23.(a) G.S. 106-816.5(b) reads as rewritten:
"(b) A dairy producer may request a refund of the assessment collected under this Article
for the previous calendar year by requesting in writing a refund form from the Association. The
Association shall determine the contents of the refund form. The Association shall provide the
dairy producer with a refund form within one week of receiving the dairy producer's request.
After receiving the refund form from the Association, the dairy producer shall complete the form
and provide proof of payment of the assessment to the Association no earlier than December 15
January 15 and no later than December 31 January 31 of a calendar year. The Association shall
mail a refund to the dairy producer within 120 days of receipt of a properly completed and
documented refund form."
SECTION 23.(b) This section is effective when it becomes law. Notwithstanding
subsection (a) of this section, a r efund requested between January 15, 2027, and January 31,
Senate Bill 401 Session Law 2026-11 Page 17
2027, shall be for the assessment collected for the period between December 1, 2025, and
December 31, 2026.
EXTEND CONSERVATION TAX CREDIT SUNSET
SECTION 24.(a) Section 15(c) of S.L. 2024-32 reads as rewritten:
"SECTION 15.(c) This section is effective for taxable years beginning on or after January
1, 2025, for donations made on or after January 1, 2025, and expires for taxable years beginning
on or after January 1, 2027, January 1, 2031, for donations made on or after January 1,
2027.January 1, 2031."
SECTION 24.(b) Section 9.1(e) of S.L. 2025-4 reads as rewritten:
"SECTION 9.1.(e) This section is effective for taxable years beginning on or after January
1, 2025, for donations made on or after January 1, 2025, and expires for taxable years beginning
on or after January 1, 2027, January 1, 2031, for donations made on or after January 1,
2027.January 1, 2031."
SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 25. If any provision of this act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of
this act that can be given effect without the invalid provision or application and, to this end, the
provisions of this act are declared to be severable.
SECTION 26. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 11th day of June, 2026.
s/ Rachel Hunt
President of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
s/ Josh Stein
Governor
Approved 3:24 p.m. this 22nd day of June, 2026