NC General Statutes

N.C. Gen. Stat. § 106-801 (2026)

Purpose

✓ current as of July 2026
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The General Assembly finds that certain limitations on the siting of swine houses and lagoons for swine farms can assist in the development of pork production, which contributes to the economic development of the State, by lessening the interference with the use and enjoyment of adjoining property. (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)

 

Notes of Decisions
Cited in 4 cases, 2001–2002 · leading case: Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002).
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). · cites it 6× “N.C.G.S. § 106-801. This expression of intent is significant in that it notes pork production is important to the economic stability of the state, yet recognizes that adjoining landowners have a right to the use and enjoyment of their land.”
Neuse River Found., Inc. v. Smithfield Foods, Inc., 574 S.E.2d 48 (N.C. Ct. App. 2002). · cites it 2× “N.C. Gen. Stat. § 106-801 (2001). It is not the role of the judicial branch of government to pre-empt the legislative branch’s policy considerations and appropriate authorization of an activity.”
Craig v. Cnty. of Chatham, 545 S.E.2d 455 (N.C. Ct. App. 2001). · cites it 12× “Like the Chatham County regulations, this Act applies only to farms that have 250 or more hogs. The setback provisions in G.S. § 106-803 read in pertinent part: (a) A swine house or a lagoon that is a component of a swine farm shall be located: (1) At least 1,500 feet from any…”
Lamar Outdoor Advert., Inc. v. City of Hendersonville Zoning Bd. of Adjustment, 573 S.E.2d 637 (N.C. Ct. App. 2002). · cites it 2× “” N.C. Gen. Stat. § 106-801 (2001). The Animal Waste Management Act provides in pertinent part that “[i]t is the intention of the State to promote a cooperative and coordinated approach to animal waste management among the agencies of the State .”
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