NY Agric & Mkts L § 301 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 25-AA - Agricultural Districts 301 - Definitions.

§ 301. Definitions. When used in this article:1.  "Agricultural  assessment value" means the value per acre assigned   to land for assessment purposes determined pursuant to  the  capitalized   value of production procedure prescribed by section three hundred four-a   of this article.2.  "Crops, livestock and livestock products" shall include but not be   limited to the following:a. Field  crops,  including  corn,  wheat,  oats,  rye,  barley,  hay,   potatoes and dry beans.b. Fruits, including apples, peaches, grapes, cherries and berries.c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets   and onions.d.  Horticultural  specialties,  including  nursery  stock, ornamental   shrubs, ornamental trees and flowers.e. Livestock and livestock products, including  cattle,  sheep,  hogs,   goats,  horses,  poultry,  ratites,  such  as ostriches, emus, rheas and   kiwis, farmed deer, farmed buffalo, fur bearing  animals,  wool  bearing   animals, such as alpacas and llamas, milk, eggs and furs.f. Maple sap.g.  Christmas  trees  derived  from a managed Christmas tree operation   whether dug for transplanting or cut from the stump.h. Aquaculture products, including fish, fish products,  water  plants   and shellfish.i.  Woody  biomass,  which means short rotation woody crops raised for   bioenergy, and shall not include farm woodland.j. Apiary products, including honey, beeswax, royal jelly, bee pollen,   propolis, package bees, nucs  and  queens.  For  the  purposes  of  this   paragraph,  "nucs"  shall  mean  small  honey  bee colonies created from   larger colonies including the nuc box, which is a smaller version  of  a   beehive, designed to hold up to five frames from an existing colony.k. Actively managed log-grown woodland mushrooms.l.  Industrial  hemp  as  defined in section five hundred five of this   chapter.3. "Farm woodland" means land used  for  the  production  of  woodland   products  intended  for sale, including but not limited to logs, lumber,   posts and firewood. Farm woodland shall not include land used to produce   Christmas trees or land used for the processing or retail  merchandising   of woodland products.4.  "Land  used  in agricultural production" means not less than seven   acres of land used as a single operation in the preceding two years  for   the  production for sale of crops, livestock or livestock products of an   average gross sales value of ten thousand dollars or more; or, not  less   than  seven  acres  of land used in the preceding two years to support a   commercial horse boarding operation or  a  commercial  equine  operation   with annual gross receipts of ten thousand dollars or more. Land used in   agricultural  production shall not include land or portions thereof used   for processing or retail  merchandising  of  such  crops,  livestock  or   livestock  products.  Land  used  in  agricultural production shall also   include:a.  Rented  land  which  otherwise  satisfies  the  requirements   for   eligibility for an agricultural assessment.a-1.  Land  used  by  a not-for-profit institution for the purposes of   agricultural research  that  is  intended  to  improve  the  quality  or   quantity  of  crops,  livestock  or  livestock products. Such land shall   qualify for an agricultural assessment upon application made pursuant to   paragraph (a) of subdivision one of section three hundred five  of  this   article, except that no minimum gross sales value shall be required. b.  Land  of  not less than seven acres used as a single operation for   the production for sale  of  crops,  livestock  or  livestock  products,   exclusive of woodland products, which does not independently satisfy the   gross  sales  value  requirement,  where  such  land  was  used  in such   production  for  the  preceding two years and currently is being so used   under a written rental arrangement of five or more years in  conjunction   with land which is eligible for an agricultural assessment.c.  Land  used  in  support  of  a  farm  operation  or  land  used in   agricultural  production,  constituting  a  portion  of  a  parcel,   as   identified  on  the  assessment roll, which also contains land qualified   for an agricultural assessment. Such land shall include  land  used  for   agricultural  amusements which are produced from crops grown or produced   on the farm, provided that such crops are harvested and marketed in  the   same  manner  as  other  crops  produced on such farm. Such agricultural   amusements shall include, but not be limited to, so-called "corn  mazes"   or "hay bale mazes".d.  Farm  woodland  which  is  part  of land which is qualified for an   agricultural assessment, provided,  however,  that  such  farm  woodland   attributable  to  any separately described and assessed parcel shall not   exceed fifty acres.e. Land set aside through  participation  in  a  federal  conservation   program  pursuant  to  title  one  of  the  federal food security act of   nineteen  hundred  eighty-five  or  any  subsequent   federal   programs   established  for the purposes of replenishing highly erodible land which   has been depleted by continuous tilling or reducing  national  surpluses   of agricultural commodities and such land shall qualify for agricultural   assessment  upon application made pursuant to paragraph a of subdivision   one of section three hundred  five  of  this  article,  except  that  no   minimum gross sales value shall be required.f. Land of not less than seven acres used as a single operation in the   preceding  two  years for the production for sale of crops, livestock or   livestock products of an average  gross  sales  value  of  ten  thousand   dollars  or  more,  or  land  of  less than seven acres used as a single   operation in the preceding two years for  the  production  for  sale  of   crops,  livestock  or livestock products of an average gross sales value   of fifty thousand dollars or more.g. Land under a structure within which crops, livestock  or  livestock   products  are produced, provided that the sales of such crops, livestock   or livestock products meet the gross sales requirements of  paragraph  f   of this subdivision.h.  Land  that  is owned or rented by a farm operation in its first or   second year of agricultural production, or, in the case of a  commercial   horse  boarding operation in its first or second year of operation, that   consists of (1) not less than seven acres used as a single operation for   the production for sale of crops, livestock or livestock products of  an   annual  gross  sales  value of ten thousand dollars or more; or (2) less   than seven acres used as a single operation for the production for  sale   of crops, livestock or livestock products of an annual gross sales value   of  fifty  thousand  dollars  or  more;  or  (3)  land  situated under a   structure within  which  crops,  livestock  or  livestock  products  are   produced, provided that such crops, livestock or livestock products have   an  annual gross sales value of (i) ten thousand dollars or more, if the   farm operation uses seven or more acres in agricultural  production,  or   (ii)  fifty  thousand  dollars  or more, if the farm operation uses less   than seven acres in agricultural production; or (4) not less than  seven   acres  used as a single operation to support a commercial horse boarding   operation with annual gross receipts of ten thousand dollars or more. i. Land of not less than seven acres used as a  single  operation  for   the  production  for sale of orchard or vineyard crops when such land is   used solely for the purpose of planting a new orchard  or  vineyard  and   when  such  land  is  also  owned  or rented by a newly established farm   operation  in  its  first,  second, third or fourth year of agricultural   production.j. Land of not less than seven acres used as a  single  operation  for   the production and sale of Christmas trees when such land is used solely   for  the purpose of planting Christmas trees that will be made available   for sale, whether dug for transplanting or cut from the stump  and  when   such  land  is  owned or rented by a newly established farm operation in   its  first,  second,  third,  fourth  or  fifth  year  of   agricultural   production.k. Land used to support an apiary products operation which is owned by   the  operation  and  consists  of (i) not less than seven acres nor more   than ten acres used as a single operation in the preceding two years for   the production for sale of crops, livestock or livestock products of  an   average  gross  sales value of ten thousand dollars or more or (ii) less   than seven acres used as a single operation in the preceding  two  years   for the production for sale of crops, livestock or livestock products of   an average gross sales value of fifty thousand dollars or more. The land   used  to  support an apiary products operation shall include, but not be   limited to, the land under a structure within which apiary products  are   produced, harvested and stored for sale; and a buffer area maintained by   the   operation   between   the   operation   and  adjacent  landowners.   Notwithstanding any other provision of  this  subdivision,  rented  land   associated  with  an  apiary  products  operation is not eligible for an   agricultural assessment based on this paragraph.l. Land that is owned or rented by a farm operation in  its  first  or   second  year  of  agricultural production or in the case of a commercial   equine operation, in  its  first  or  second  year  of  operation,  that   consists  of not less than seven acres and stabling at least ten horses,   regardless of ownership, that receives ten thousand dollars or  more  in   gross  receipts  annually  from  fees generated through the provision of   commercial equine  activities  including,  but  not  limited  to  riding   lessons,  trail  riding  activities or training of horses or through the   production for sale of crops,  livestock,  and  livestock  products,  or   through both the provision of such commercial equine activities and such   production.  Under  no circumstances shall this subdivision be construed   to include operations whose primary on site function is horse racing.m. Land used in silvopasturing shall be limited to up  to  ten  fenced   acres per large livestock, including cattle, horses and camelids, and up   to five fenced acres per small livestock, such as sheep, hogs, goats and   poultry.  For  the  purposes of this subdivision, "silvopasturing" shall   mean the intentional combination of trees, forages and livestock managed   as a single integrated practice for  the  collective  benefit  of  each,   including  the  planting of appropriate grasses and legume forages among   trees for sound grazing and livestock husbandry.n. Land of not less than seven acres used as a  single  operation  for   the  production  for  sale of hops when such land is used solely for the   purpose of planting a new hopyard and when such land is  also  owned  or   rented by a newly established farm operation in its first, second, third   or fourth year of agricultural production.5.   "Oil,   gas   or  wind  exploration,  development  or  extraction   activities" means the installation and use  of  fixtures  and  equipment   which  are  necessary  for the exploration, development or extraction of   oil, natural gas  or  wind  energy,  including  access  roads,  drilling   apparatus, pumping facilities, pipelines, and wind turbines. 6.  "Unique  and  irreplaceable agricultural land" means land which is   uniquely suited for the production of high value crops,  including,  but   not limited to fruits, vegetables and horticultural specialties.7.  "Viable  agricultural  land" means land highly suitable for a farm   operation as defined in this section.8. "Conversion" means an outward or affirmative act changing  the  use   of  agricultural  land  and  shall not mean the nonuse or idling of such   land.9. * "Gross sales value" means the proceeds from the sale of:* NB Effective until December 23, 2021* "Gross sales" means the proceeds from the sale of:* NB Effective December 23, 2021a. Crops, livestock and livestock products produced on  land  used  in   agricultural  production  provided,  however,  that  whenever  a crop is   processed before sale, the proceeds shall be based upon the market value   of such crop in its unprocessed state;b. Woodland  products  from  farm  woodland  eligible  to  receive  an   agricultural assessment, not to exceed two thousand dollars annually;* c.  Honey  and  beeswax  produced  by  bees  in  hives located on an   otherwise qualified farm operation  but  which  does  not  independently   satisfy the gross sales requirement;* NB Effective until December 23, 2021* c.  Honey, royal jelly, bee pollen, propolis and beeswax produced by   bees in hives  located  on  land  used  in  agricultural  production  in   conjunction with the same or an otherwise qualified farm operation;* NB Effective December 23, 2021d.  Maple  syrup  processed  from  maple  sap produced on land used in   agricultural production in conjunction with the  same  or  an  otherwise   qualified farm operation;e.  Or  payments  received  by  reason  of  land set aside pursuant to   paragraph e of subdivision four of this section;f. Or payments received by thoroughbred breeders pursuant  to  section   two  hundred fifty-four of the racing, pari-mutuel wagering and breeding   law; andg. Compost, mulch  or  other  organic  biomass  crops  as  defined  in   subdivision   sixteen   of   this  section  produced  on  land  used  in   agricultural production, not to exceed five thousand dollars annually.11. "Farm operation" means the land and on-farm buildings,  equipment,   manure   processing   and   handling  facilities,  and  practices  which   contribute to  the  production,  preparation  and  marketing  of  crops,   livestock and livestock products as a commercial enterprise, including a   "commercial horse boarding operation" as defined in subdivision thirteen   of this section, a "timber operation" as defined in subdivision fourteen   of  this  section, "compost, mulch or other biomass crops" as defined in   subdivision seventeen of this section and "commercial equine  operation"   as  defined in subdivision eighteen of this section. Such farm operation   may consist of one or more  parcels  of  owned  or  rented  land,  which   parcels may be contiguous or noncontiguous to each other.12.  "Agricultural  data  statement"  means  an identification of farm   operations within an agricultural district located within  five  hundred   feet  of  the  boundary  of  property  upon  which  an  action requiring   municipal review and approval by the planning  board,  zoning  board  of   appeals,  town  board,  or village board of trustees pursuant to article   sixteen of the town law or article seven of the village law is proposed,   as provided in section three hundred five-b of this article.13.  "Commercial  horse  boarding  operation"  means  an  agricultural   enterprise, consisting of at least seven acres and boarding at least ten   horses,  regardless  of ownership, that receives ten thousand dollars or    more in gross receipts annually from fees generated either  through  the   boarding  of  horses  or  through  the  production  for  sale  of crops,   livestock, and livestock products, or through  both  such  boarding  and   such  production.  Under  no  circumstances  shall  this  subdivision be   construed to include operations whose primary on site function is  horse   racing.  Notwithstanding  any  other  provision  of  this subdivision, a   commercial horse boarding operation that is proposed or in its first  or   second  year  of  operation  may qualify as a farm operation if it is an   agricultural  enterprise,  consisting  of  at  least  seven  acres,  and   boarding at least ten horses, regardless of ownership, by the end of the   first year of operation.14.  "Timber  operation"  means  the  on-farm  production, management,   harvesting, processing  and  marketing  of  timber  grown  on  the  farm   operation  into  woodland  products,  including but not limited to logs,   lumber, posts and firewood, provided that such farm  operation  consists   of  at  least  seven  acres  and  produces  for sale crops, livestock or   livestock products of an  annual  gross  sales  value  of  ten  thousand   dollars  or more and that the annual gross sales value of such processed   woodland products does not exceed the annual gross sales value  of  such   crops, livestock or livestock products.15.  "Agricultural tourism" means activities, including the production   of maple sap and pure maple products  made  therefrom,  conducted  by  a   farmer  on-farm  for the enjoyment and/or education of the public, which   primarily promote the sale, marketing, production, harvesting or use  of   the  products  of  the  farm  and enhance the public's understanding and   awareness of farming and farm life.16. "Apiary products  operation"  means  an  agricultural  enterprise,   consisting  of  land  owned  by  the operation, upon which bee hives are   located and maintained for the  purpose  of  producing,  harvesting  and   storing apiary products for sale.17.  "Compost, mulch or other organic biomass crops" means the on-farm   processing, mixing, handling or marketing  of  organic  matter  that  is   grown  or  produced by such farm operation to rid such farm operation of   its excess agricultural waste; and the  on-farm  processing,  mixing  or   handling  of  off-farm  generated  organic matter that is transported to   such farm operation and is necessary to  facilitate  the  composting  of   such  farm  operation's  agricultural waste. This shall also include the   on-farm processing, mixing or handling  of  off-farm  generated  organic   matter  for  use  only on that farm operation. Such organic matter shall   include, but not be limited to, manure, hay, leaves, yard waste, silage,   organic  farm  waste,  vegetation,  wood  biomass  or   by-products   of   agricultural  products  that have been processed on such farm operation.   The resulting products shall be converted into compost, mulch  or  other   organic biomass crops that can be used as fertilizers, soil enhancers or   supplements,  or  bedding  materials.  For  purposes  of  this  section,   "compost" shall be processed by the aerobic, thermophilic  decomposition   of  solid  organic  constituents  of  solid  waste  to produce a stable,   humus-like material.18. "Commercial equine operation" means  an  agricultural  enterprise,   consisting  of  at  least  seven acres and stabling at least ten horses,   regardless of ownership, that receives ten thousand dollars or  more  in   gross  receipts  annually  from  fees generated through the provision of   commercial equine  activities  including,  but  not  limited  to  riding   lessons,  trail  riding  activities or training of horses or through the   production for sale of crops,  livestock,  and  livestock  products,  or   through both the provision of such commercial equine activities and such   production.  Under  no circumstances shall this subdivision be construed   to include operations whose primary on site function  is  horse  racing.    Notwithstanding any other provision of this subdivision, an agricultural   enterprise  that is proposed or in its first or second year of operation   may qualify as a commercial equine operation if it consists of at  least   seven acres and stables at least ten horses, regardless of ownership, by   the end of the first year of operation.