NY Agric & Mkts L § 303 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 25-AA - Agricultural Districts 303 - Agricultural Districts; Creation.

§ 303. Agricultural  districts;  creation.  1.  Any owner or owners of land may submit a proposal  to  the  county  legislative  body  for  the creation  of  an agricultural district within such county, provided that such owner or owners own at least two hundred fifty acres  of  the  land proposed  to  be  included  in  the  district.  Such  proposal  shall be submitted  in  such  manner  and  form  as  may  be  prescribed  by  the commissioner,  shall  include  a  description  of the proposed district, including a map delineating the  exterior  boundaries  of  the  district which   shall  conform  to  tax  parcel  boundaries,  and  the  tax  map identification numbers for every parcel in the  proposed  district.  The proposal shall include a review period of eight years.   2. Upon the receipt of such a proposal, the county legislative body:   a.  shall  thereupon  provide  notice of such proposal by publishing a notice in a newspaper having general  circulation  within  the  proposed district  and  by  posting  a  notice  on  the home page of the county's website; posting such notice  in  five  conspicuous  places  within  the proposed  district;  and providing such notice in writing by first class mail to those municipalities whose territory  encompasses  the  proposed district. The notice shall contain the following information:  (1)  a statement that a proposal for an agricultural district has been filed with the county legislative body pursuant to this article;  (2) a statement that the proposal will  be  on  file  open  to  public inspection in the county clerk's office;  (3)  a  statement  that  any  county  landowner  or municipality whose territory encompasses the proposed district may propose  a  modification of the proposed district in such form and manner as may be prescribed by the commissioner;  (4)  a statement that the proposed modification must be filed with the county clerk and the clerk of the county legislature within thirty  days of the publication and posting and mailing of such notice; and  (5)  a statement that at the termination of the thirty day period, the proposal and proposed modifications will  be  submitted  to  the  county agricultural  and farmland protection board and that thereafter a public hearing will be  held  on  the  proposal,  proposed  modifications,  and recommendations  of  the  county  agricultural  and  farmland protection board;   b. shall receive any proposals  for  modifications  of  such  proposal which  may  be  submitted  by  proponents  of  the  district, any county landowners or municipalities within thirty days of the  publication  and posting and mailing of such notice;   c.  shall,  upon the termination of such thirty day period, refer such proposal and proposed  modifications  to  the  county  agricultural  and farmland  protection  board,  which  shall,  after consultation with the county planning board, within  forty-five  days  report  to  the  county legislative   body  its  recommendations  concerning  the  proposal  and proposed modifications; and   d. shall hold a public hearing in the following manner:  (1) The hearing shall be held at a place within the proposed  district or otherwise readily accessible to the proposed district;  (2) The notice shall contain the following information:  (a) a statement of the time, date and place of the public hearing;  (b) a description of the proposed district, any proposed additions and any  recommendations  of the county agricultural and farmland protection board; and  (c) a statement that the public hearing will be held concerning:  (i) the original proposal;  (ii) any written amendments proposed  during  the  thirty  day  review period; and  (iii)  any  recommendations  proposed  by  the county agricultural and farmland protection board;  (3)  The  notice  shall  be  published in a newspaper having a general circulation within the proposed district and posted on the home page  of the  county's  website and shall be given in writing by first class mail to  those  municipalities  whose  territory  encompasses  the   proposed district  and any proposed modifications, owners of real property within such a proposed district or any proposed modifications who are listed on the most recent assessment  roll,  the  commissioner  and  the  advisory council on agriculture.   3.   The   following   factors  shall  be  considered  by  the  county agricultural and farmland protection board and identified as issues  for comment at the public hearing:   a. the viability of active farming within the proposed district and in areas adjacent thereto;   b.  the presence of any viable farm lands within the proposed district and adjacent thereto that are not now in active farming;   c. the nature and extent of land uses other than active farming within the proposed district and adjacent thereto;   d. county developmental patterns and needs; and   e. any other matters which the county legislative  body  deems  to  be relevant.   In   judging  viability,  any  relevant  agricultural  viability  maps prepared by the commissioner shall  be  considered,  as  well  as  soil, climate,  topography,  other natural factors, markets for farm products, the extent and nature  of  farm  improvements,  the  present  status  of farming,  anticipated  trends  in  agricultural  economic conditions and technology, and such other factors as may be relevant.   4. The  county  legislative  body,  after  receiving  the  report  and recommendations,  including  any  recommendations of the county planning board, of the county agricultural  and  farmland  protection  board  and after  such  public  hearing,  may  adopt  as a plan the proposal or any modification of the proposal it deems appropriate or may act  to  reject the proposal.   5.  All  plans  that are adopted shall include: (a) a review period of eight years; (b) only whole tax parcels in the  proposed  district;  and (c)  to  the  extent  feasible,  include adjacent viable farm lands, and exclude, to the extent feasible, nonviable farm land and non-farm land.   6. Upon the adoption of a plan,  the  county  legislative  body  shall submit  it  to the commissioner. Adopted plans shall be submitted within one  year  after  receipt  of  a  complete  proposal  as  described   in subdivision  one of this section. The commissioner may, upon application by the county legislative body and for  good  cause  shown,  extend  the period for submission once for up to six additional months.   7.  The  commissioner  shall have sixty days after receipt of the plan within which to certify to the county legislative body whether the  plan is  eligible for districting, whether the area to be districted consists predominantly of viable agricultural land, and whether the plan  of  the proposed  district  is  feasible,  and will serve the public interest by assisting in maintaining  a  viable  agricultural  industry  within  the district  and  the  state.  The commissioner shall submit a copy of such plan to the advisory council on agriculture.   8. If the commissioner certifies the plan  of  the  proposed  district pursuant  to  subdivision  seven  of this section, the district shall be created immediately upon certification.   9. Upon the creation of  an  agricultural  district,  the  description thereof,  which  shall  include  tax  map identification numbers for all parcels within  the  district,  plus  a  map  delineating  the  exterior  boundaries  of  the district in relation to tax parcel boundaries, shall be filed by the county legislative  body  with  the  county  clerk,  the county director of real property tax services, and the commissioner. The commissioner,  on petition of the county legislative body, may, for good cause shown, approve the correction of any  errors  in  materials  filed pursuant  to  a district creation at any time subsequent to the creation of any agricultural district.