• North Carolina’s farms need more workers, with migrant housing in high demand
  • Zoning and safety rules make farmworker housing challenging
  • Zoning reform and visa program support could improve housing options

Agriculture is a foundational part of North Carolina’s economy, with the state ranking among the top in the nation for crops like sweet potatoes, tobacco, and pork. Nevertheless, the industry faces persistent challenges, particularly when it comes to labor shortages and housing for farmworkers. Migrant and seasonal farmworkers are essential to the productivity of North Carolina’s farms, yet housing shortages and complex zoning laws make it difficult to provide adequate accommodations. Understanding these issues is crucial as the agricultural sector grapples with an ongoing labor shortage and considers how better to support the workforce sustaining it.

The Scope of Farm Labor Shortages in North Carolina

North Carolina’s agricultural sector relies heavily on farmworkers, particularly seasonal and migrant workers who help with planting, harvesting, and other labor-intensive tasks. Estimates suggest that North Carolina employs roughly 150,000 seasonal and migrant farmworkers annually. Nevertheless, farms in the state have struggled to find sufficient labor to keep up with agricultural demand, leading to a shortage of workers. This shortage is not unique to North Carolina; nationwide, agriculture is experiencing similar challenges as fewer Americans enter the field due to the demanding nature of the work, low wages, and limited benefits.

The labor shortage in North Carolina has several contributing factors. For one, immigration policy changes and stricter visa requirements have limited the number of migrant workers able to work legally in the United States. The H-2A visa program, which allows U.S. employers to hire foreign nationals for temporary agricultural work, is widely used by North Carolina farms, but the process is complex, costly, and insufficient to meet demand. Further complicating the issue, younger generations in rural communities are increasingly seeking employment outside of agriculture, exacerbating the shortage of local labor.

In response, farmers have had to adjust their practices to cope with labor constraints, including turning to automation where possible and adjusting crop plans. Nevertheless, there are many areas in agriculture where manual labor remains indispensable. As a result, farms continue to rely on migrant workers to fulfill their labor needs, raising the importance of addressing the housing and living conditions of this critical workforce.

Legal Landscape for Farmworker Housing

North Carolina has specific legislation intended to support agriculture, including the “bona fide farm” exemption under North Carolina General Statutes (NCGS) § 160D-903, which allows farms to avoid certain zoning restrictions. According to state law, “County zoning regulations may not affect property used for bona fide farm purposes.” This means that if an activity on the farm is considered directly related to agricultural work, it is exempt from zoning regulations that typically apply to residential and commercial properties. Even so, the line between what is and isn’t a “farm purpose” can be unclear, especially concerning housing.

The “bona fide farm” exemption applies to housing for the owner or operator of the farm and potentially to housing for migrant farmworkers, provided that the housing is on the farm and clearly supports its operation. But this exemption does not cover all housing types, particularly rental housing or units designed for the general public. For example, a farm owner who constructs housing for farmworkers on the farm may qualify for the exemption, but if the same housing were rented out to nonfarm employees, it would likely be subject to zoning laws. This regulatory grey area creates uncertainty for farm owners who may wish to provide housing for their workers but must navigate complex zoning codes and standards.

Additionally, while some counties may allow limited development of housing on farm properties, the actual implementation of these policies varies widely. Even in cases where farmworker housing is allowed, it still must adhere to health and safety standards set by the North Carolina Department of Labor (DOL), including requirements for sanitation, clean water, and habitability standards. These regulations, while critical for worker safety, add another layer of complexity and expense for farm owners.

Barriers to Building Farmworker Housing

Creating housing for farmworkers is often costly and time-consuming, and many farms, particularly small and mid-sized operations, struggle to fund such projects. The high cost of land and construction in North Carolina, combined with rising interest rates and high material costs, makes it difficult for many farm owners to build housing that meets legal requirements. Additionally, accessing financing for housing projects can be challenging, as lenders may see housing for farmworkers as a less stable investment compared with other real estate developments.

The permitting process can also be a barrier. For example, the DOL requires farm owners to undergo preoccupancy inspections to ensure compliance with migrant housing regulations. These regulations, though important for safety, often necessitate costly upgrades and regular maintenance, which can be a financial strain. Farms that fail to meet these standards may face fines or even the closure of housing units, further limiting available accommodations for workers.

Potential Solutions and Policy Considerations

Addressing the housing challenges facing farmworkers will require both short-term and long-term solutions that balance the needs of workers with the financial and regulatory realities of farm owners. Some potential avenues include:

1. Expansion of the H-2A Visa Program

Simplifying and expanding the H-2A program could provide farms with a more consistent labor supply, which could, in turn, make it easier to justify investments in worker housing. Additionally, adjustments to the program could incentivize farms to provide adequate housing by offering financial support for housing construction or upgrades.

2. Lowering Property Taxes

Lowering property taxes on farm properties designated for farmworker housing could help farm owners address labor shortages by making it more economical to build and maintain adequate housing. Farm operations often rely on seasonal and migrant labor, but high property taxes and development costs discourage investment in additional housing. By reducing these taxes specifically for properties that provide farmworker housing, North Carolina could ease the financial burden on farmers and incentivize the development of safe, compliant accommodations for workers.

3. Zoning Reform for Agricultural Housing

Simplifying zoning regulations and clarifying exemptions for farmworker housing could make it easier for farm owners to navigate legal requirements. In particular, creating a streamlined process for farm-related housing developments would reduce red tape and encourage farms to provide adequate accommodations.

Conclusion

Housing for farmworkers is a pressing issue in North Carolina, with broad implications for the state’s agricultural productivity and the well-being of its workforce. The “bona fide farm” exemption offers some leeway for farms to provide on-site housing, but regulatory complexities, high costs, and labor shortages remain significant barriers. Addressing these challenges will require a collaborative approach that includes policy changes, financial incentives, and support for community resources. Ensuring safe and stable housing for farmworkers can strengthen North Carolina’s farms and better support the essential workers who help feed the state and nation.