Two key pieces of legislation were recently enacted that affect real estate brokerage in North Carolina.
The North Carolina Farmland and Military Protection Act, restricts certain prohibited foreign parties from purchasing, acquiring, leasing, or holding a direct interest in agricultural land or land within a 50-mile radius of a military installation. The list of prohibited foreign parties, as determined by the U.S. Department of State, is contained in The International Traffic in Arms Regulation. This list can change as there are shifts to foreign policy and/or changes to national security threats. Though the law was enacted on July 7, 2026, the restrictions will not take effect until April 1, 2027. Under this new law, a buyer of affected land is required to provide an affidavit, no later than the time of closing, attesting that the buyer is not a prohibited foreign party and is otherwise in compliance with the law. The Commission has been directed to create a form for the affidavit that will be attested to by the buyer. The law also requires that the Commission, in conjunction with the North Carolina Department of Veterans and Military Affairs, develop a map that identifies affected land within a 50-mile radius of a military installation and maintain the map on the Commission website. The form and map will be available by April 1, 2027, at www.ncrec.gov.
The Current Operations Appropriations Act of 2026 was also signed into law on July 7, 2026. In addition to establishing the State’s budget, the law transformed who makes appointments of Commission members. There are nine members appointed to serve on the Commission. Prior to the passage of this Act, seven members were appointed by the Governor and two were appointed by the General Assembly (one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives). The allocation of appointments has changed as follows: two members appointed by the Governor, four appointed by the General Assembly (two upon the recommendation of the President Pro Tempore of the Senate and two upon the recommendation of the Speaker of the House of Representatives), one by the State Auditor, and two by the Commissioner of Labor. The law phases in the changes to appointments in chronological order of the expiration of current members.
For questions related to these recent legislative changes, contact the Regulatory Affairs Division at (919) 719-9180.