N.Y. AGM Law § 303-A — New York Code / Act AGM / Article 25-AA / Section 303-A
Agricultural districts; review
Status: in_force

§ 303-a. Agricultural districts; review. 1. The county legislative\nbody shall review any district created under section three hundred three\nof this article eight years after the date of its creation and at the\nend of every eight year period thereafter.\n  2. In conducting a district review the county legislative body shall:\n  a. provide notice of such district review by publishing a notice in a\nnewspaper having general circulation within the district and by posting\na notice on the home page of the county's website; posting such notice\nin at least five conspicuous places within the district; and providing\nsuch notice in writing by first class mail to those municipalities whose\nterritory encompasses the district. The notice shall identify the\nmunicipalities in which the district is found and the district's total\narea; indicate that a map of the district will be on file and open to\npublic inspection in the office of the county clerk and such other\nplaces as the legislative body deems appropriate; and notify\nmunicipalities and land owners within the district that they may propose\na modification of the district by filing such proposal with the clerk of\nthe county legislature within thirty days of the publication and posting\nand mailing of such notice;\n  b. direct the county agricultural and farmland protection board to\nprepare a report within forty-five days concerning the following:\n  (1) the nature and status of farming and farm resources within such\ndistrict, including the total number of acres of land and the total\nnumber of acres of land in farm operations in the district;\n  (2) the extent to which the district has achieved its original\nobjectives;\n  (3) the extent to which county and local comprehensive plans, policies\nand objectives are consistent with and support the district;\n  (4) the degree of coordination between local laws, ordinances, rules\nand regulations that apply to farm operations in such district and their\ninfluence on farming; and\n  (5) recommendations to continue, terminate or modify such district.\n  c. hold a public hearing in the following manner:\n  (1) the hearing shall be held at a place within the district or\notherwise readily accessible to the proposed district;\n  (2) a notice of public hearing shall be published in a newspaper\nhaving a general circulation within the district and posted on the home\npage of the county's website and shall be given in writing by first\nclass mail to those municipalities whose territories encompass the\ndistrict and any proposed modifications to the district; to persons, as\nlisted on the most recent assessment roll, whose land is the subject of\na proposed modification; and to the commissioner;\n  (3) the notice of hearing shall contain the following information:\n  (a) a statement of the time, date and place of the public hearing; and\n  (b) a description of the district, any proposed modifications and any\nrecommendations of the county agricultural and farmland protection\nboard.\n  3. a. The county legislative body, after receiving the report and\nrecommendation of the county agricultural and farmland protection board,\nand after public hearing, shall make a finding whether the district\nshould be continued, terminated or modified. If the county legislative\nbody finds that the district should be terminated, it may do so at the\nend of such eight year period by filing a notice of termination with the\ncounty clerk and the commissioner.\n  b. The county legislative body may adopt any modification of the\ndistrict review plan it deems appropriate.\n  c. If the county legislative body finds that the district should be\ncontinued or modified, it shall submit the district review plan to the\ncommissioner. The district review plan shall include a description of\nthe district, including a map delineating the exterior boundaries of the\ndistrict which shall conform to tax parcel boundaries; the tax map\nidentification numbers for every parcel in the district; a copy of the\nreport of the county agricultural and farmland protection board required\nby paragraph b of subdivision two of this section; and a copy of the\ntestimony given at the public hearing required by paragraph c of\nsubdivision two of this section or a copy of the minutes of such\nhearing.\n  4. The county legislative body shall complete the review process\ndescribed in this section by either terminating, continuing, or\nmodifying the district on or before the district's anniversary date. The\ncommissioner may, upon application by the county legislative body and\nfor good cause shown, extend the period for a district review once for\nup to six additional months. If the county legislative body does not\nact, or if a modification of a district is rejected by the county\nlegislative body, the district shall continue as originally constituted,\nunless the commissioner, after consultation with the advisory council on\nagriculture, terminates such district, by filing a notice thereof with\nthe county clerk, because the area in the district is no longer\npredominantly viable agricultural land.\n  5. Plan review, certification, correction of any errors and filing\nshall be conducted in the same manner prescribed for district creation\nin section three hundred three of this article.\n