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

§  303-a.  Agricultural  districts;  review. 1. The county legislative body shall review any district created under section three hundred three of this article eight years after the date of its creation  and  at  the end of every eight year period thereafter.   2. In conducting a district review the county legislative body shall:   a.  provide notice of such district review by publishing a notice in a newspaper having general circulation within the district and by  posting a  notice  on the home page of the county's website; posting such notice in at least five conspicuous places within the district;  and  providing such notice in writing by first class mail to those municipalities whose territory  encompasses  the  district.  The  notice  shall  identify the municipalities in which the district is found and the  district's  total area;  indicate  that  a map of the district will be on file and open to public inspection in the office of  the  county  clerk  and  such  other places   as   the   legislative   body  deems  appropriate;  and  notify municipalities and land owners within the district that they may propose a modification of the district by filing such proposal with the clerk of the county legislature within thirty days of the publication and posting and mailing of such notice;   b. direct the county agricultural and  farmland  protection  board  to prepare a report within forty-five days concerning the following:  (1)  the  nature  and status of farming and farm resources within such district, including the total number of acres  of  land  and  the  total number of acres of land in farm operations in the district;  (2)  the  extent  to  which  the  district  has  achieved its original objectives;  (3) the extent to which county and local comprehensive plans, policies and objectives are consistent with and support the district;  (4) the degree of coordination between local laws,  ordinances,  rules and regulations that apply to farm operations in such district and their influence on farming; and  (5) recommendations to continue, terminate or modify such district.   c. hold a public hearing in the following manner:  (1)  the  hearing  shall  be  held  at  a place within the district or otherwise readily accessible to the proposed district;  (2) a notice of public hearing  shall  be  published  in  a  newspaper having  a general circulation within the 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  territories encompass the district and any proposed modifications to the district; to persons,  as listed  on the most recent assessment roll, whose land is the subject of a proposed modification; and to the commissioner;  (3) the notice of hearing shall contain the following information:  (a) a statement of the time, date and place of the public hearing; and  (b) a description of the district, any proposed modifications and  any recommendations  of  the  county  agricultural  and  farmland protection board.   3. a. The county legislative body,  after  receiving  the  report  and recommendation of the county agricultural and farmland protection board, and  after  public  hearing,  shall  make a finding whether the district should be continued, terminated or modified. If the  county  legislative body  finds  that the district should be terminated, it may do so at the end of such eight year period by filing a notice of termination with the county clerk and the commissioner.   b. The county legislative body  may  adopt  any  modification  of  the district review plan it deems appropriate.   c.  If  the  county legislative body finds that the district should be continued or modified, it shall submit the district review plan  to  the  commissioner.  The  district  review plan shall include a description of the district, including a map delineating the exterior boundaries of the district which shall conform to  tax  parcel  boundaries;  the  tax  map identification  numbers  for every parcel in the district; a copy of the report of the county agricultural and farmland protection board required by paragraph b of subdivision two of this section; and  a  copy  of  the testimony  given  at  the  public  hearing  required  by  paragraph c of subdivision two of this section  or  a  copy  of  the  minutes  of  such hearing.   4.  The  county  legislative  body  shall  complete the review process described  in  this  section  by  either  terminating,  continuing,   or modifying the district on or before the district's anniversary date. The commissioner  may,  upon  application by the county legislative body and for good cause shown, extend the period for a district review  once  for up  to  six  additional  months. If the county legislative body does not act, or if a modification of  a  district  is  rejected  by  the  county legislative body, the district shall continue as originally constituted, unless the commissioner, after consultation with the advisory council on agriculture,  terminates  such district, by filing a notice thereof with the county clerk,  because  the  area  in  the  district  is  no  longer predominantly viable agricultural land.   5.  Plan  review,  certification,  correction of any errors and filing shall be conducted in the same manner prescribed for  district  creation in section three hundred three of this article.