Constitutional Right to Farm.

2025-2026 Session Introduced by Ted Alexander and 24 co-sponsors

Establishes a constitutional right to engage in farming and forestry in NC, protecting activities like crop, livestock, dairy, timber, subject to future laws.

Passed 1st Reading

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Overview

Senate Bill 1081 (Session 2025, North Carolina) proposes a constitutional amendment to enshrine a right to engage in farming and forestry in the North Carolina Constitution. The measure would add a new Sec. 39 to Article I and place the amendment on the November 2026 statewide ballot for voter consideration.

Purpose and intent

Establish a fundamental right for individuals to engage in agricultural and forestry activities.

Specifically protects the cultivation of crops, raising of livestock and poultry, production of dairy and apiary products, harvesting of timber, and other agricultural/forestry production practices.

The right is described as a valued and essential part of the state’s heritage and must be preserved for the public good, subject to laws enacted by the General Assembly and rules adopted under its authority.

Key provisions

Section 1: Adds a new constitutional provision (Sec. 39) to Article I, recognizing the right to engage in farming and forestry and identifying covered activities (crop cultivation, livestock/poultry, dairy and apiary products, timber harvesting, and related production activities).

Section 2: Places the amendment on the ballot for the November 2026 statewide general election. The referendum uses the standard statewide voting process and may employ ballots and voting systems under Chapter 163A of the General Statutes.

Section 3: Requires the State Board of Elections to certify the referendum results. If a majority vote in favor, the Secretary of State must enroll the amendment in permanent records.

Section 4: Establishes that the amendment becomes effective upon certification if approved by voters.

Section 5: States the act is generally effective upon becoming law, except as otherwise provided.

Who/what is affected

Residents of North Carolina, particularly:

Farmers, ranchers, foresters, and those involved in related agricultural production (crops, livestock, dairy, apiary products, timber.
Landowners and agricultural businesses whose operations could be impacted by potential future interpretations of the right.

State government and judicial system, which would interpret and apply the constitutional right in relation to state laws and regulations enacted by the General Assembly.

Procedural and timeline notes

Filed May 14, 2026.

If approved by voters, the amendment would become part of the Constitution upon certification of the election results (November 2026 referendum).

Beyond the referendum, the General Assembly retains authority to enact laws and rules governing the exercise of this right, as long as such laws conform to the constitutional protection.

Potential implications (high-level)

Creates a constitutional protection for farming and forestry activities, which could influence regulatory actions, land-use restrictions, nuisance claims, and environmental or governmental oversight challenged on the basis of this right.

Likely to prompt further legal interpretation of the scope and limits of the right, including balancing with public health, safety, environmental protections, and land-use planning.

The exact impact would depend on how courts interpret the right in future disputes and how the General Assembly enacts compatible laws and regulations.

If you’d like, I can add a brief comparison to similar farm-right constitutional provisions in other states or outline potential legal scenarios and considerations for policymakers.