NY Agric & Mkts L § 302 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 25-AA - Agricultural Districts 302 - County Agricultural and Farmland Protection Board.

§ 302. County  agricultural  and  farmland  protection board. 1. (a) A county legislative body may establish a county agricultural and farmland protection board which shall consist of eleven members, at least four of whom shall be active farmers. At least one member of  such  board  shall represent  agribusiness  and  one  member  may represent an organization dedicated to agricultural land preservation. These six  members  of  the board  shall reside within the county which the respective board serves. The members of the board shall  also  include  the  chairperson  of  the county  soil  and water conservation district's board of directors or an employee of the county soil and water conservation  district  designated by  the  chairperson,  a member of the county legislative body, a county cooperative extension agent, the county planning director and the county director of real property tax services. The chairperson shall be  chosen by  majority  vote. Such board shall be established in the event no such board exists at the time of receipt by the county legislative body of  a petition for the creation or review of an agricultural district pursuant to  section  three  hundred  three  of  this  article, or at the time of receipt by  the  county  of  a  notice  of  intent  filing  pursuant  to subdivision  four  of  section  three  hundred five of this article. The members of such board shall be  appointed  by  the  chairperson  of  the county  legislative  body,  who  shall  solicit  nominations  from  farm membership organizations except for the chairperson of the  county  soil and  water  conservation  district's  board  of  directors or his or her designee, the county planning director and director of real property tax services, who shall serve ex officio. The members  shall  serve  without salary,  but the county legislative body may entitle each such member to reimbursement  for  actual  and  necessary  expenses  incurred  in   the performance of official duties.  (b)  After  the  board  has  been  established, the chairperson of the county legislative body shall appoint to it two  qualified  persons  for terms  of two years each, two qualified persons for terms of three years each and two qualified persons for a term of four years. Thereafter, the appointment  of  each  member  shall  be  for  a  term  of  four  years. Appointment  of  a  member of the county legislative body shall be for a term coterminous with the member's term of office.  Appointment  of  the county  planning  director  and  county  director  of  real property tax services shall be coterminous with their  tenure  in  such  office.  The appointment of the chairperson of the county soil and water conservation district's  board  of directors shall be for a term coterminous with his or  her  designation  as  chairperson  of  the  county  soil  and  water conservation  district's board of directors. Any member of the board may be reappointed for a succeeding term on such board  without  limitations as to the number of terms the member may serve.  (c) The county agricultural and farmland protection board shall advise the  county  legislative body and work with the county planning board in relation to the proposed establishment,  modification,  continuation  or termination  of any agricultural district. The board shall render expert advice relating to the desirability of such action, including advice  as to  the  nature  of  farming  and  farm resources within any proposed or established area and the relation of farming in such area to the  county as  a  whole.  The board may review notice of intent filings pursuant to subdivision four of section three hundred five of this article and  make findings  and  recommendations pursuant to that section as to the effect and reasonableness of proposed actions involving the advance  of  public funds   or   acquisitions  of  farmland  in  agricultural  districts  by governmental entities. The board shall also assess  and  approve  county agricultural and farmland protection plans.  (d)  A  county  agricultural and farmland protection board may request the commissioner of agriculture and markets to review any  state  agency rules  and  regulations  which  the  board  identifies  as affecting the agricultural activities within  an  existing  or  proposed  agricultural district.  Upon  receipt  of  any  such  request,  the  commissioner  of agriculture and markets shall, if the  necessary  funds  are  available, submit  in  writing to the board (i) notice of changes in such rules and regulations  which  he  or  she  deems  necessary,  (ii)   a   copy   of correspondence  with  another  agency  if such rules and regulations are outside his or her jurisdiction, including such  rules  and  regulations being  reviewed,  and  his  or  her recommendations for modification, or (iii) his or  her  reasons  for  determining  that  existing  rules  and regulations be continued without modification.  (e) The county agricultural and farmland protection board shall notify the commissioner and the commissioner of the department of environmental conservation  of  any  attempts  to  propose  the  siting of solid waste management facilities upon farmland within an agricultural district.   2. Upon the request of one or more owners of land used in agricultural production the board may review the land classification  for  such  land established  by  the  department  of agriculture and markets, consulting with the district soil and water conservation  office,  and  the  county cooperative  extension  service office. After such review, the board may recommend revisions to the classification of specific land  areas  based on  local  soil,  land  and  climatic  conditions  to  the department of agriculture and markets.