NY Agric & Mkts L § 325 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 25-AAA - Agricultural and Farmland Protection Programs 325 - Agricultural Protection.

§  325.  Agricultural  protection.  1.  Subject to the availability of funds,  a  program  is  hereby  established  to  finance  through  state assistance  payments  the  state  share  of  the  costs  of  locally-led agricultural  and  farmland  protection  activities.  State   assistance payments for planning activities shall not exceed fifty thousand dollars to each county agricultural and farmland protection board or one hundred thousand  dollars  to  two  such  boards applying jointly, and shall not exceed fifty percent of  the  cost  of  preparing  an  agricultural  and farmland   protection  plan.  State  assistance  payments  for  planning activities  shall  not  exceed  twenty-five  thousand  dollars  to  each municipality  other  than a county or fifty thousand dollars to two such municipalities applying  jointly,  and  shall  not  exceed  seventy-five percent of the cost of preparing an agricultural and farmland protection plan.  A county which has an approved farmland protection plan may after one hundred twenty  months  from  the  date  of  such  approval  by  the commissioner apply for additional state assistance payments for planning activities  related to the updating of their current plan or development of a new farmland protection  plan.  Such  additional  state  assistance payments  shall  not  exceed  fifty  thousand  dollars  to  each  county agricultural and farmland  protection  board  or  one  hundred  thousand dollars  to two such boards applying jointly, and shall not exceed fifty percent of the cost of preparing an agricultural and farmland protection plan.  State  assistance  payments  for   implementation   of   approved agricultural  and  farmland protection plans may fund up to seventy-five percent of the cost of implementing the county plan or  portion  of  the plan for which state assistance payments are requested. State assistance payments  to  such counties shall not exceed seventy-five percent of the cost of implementing the local plan or portion of  the  plan  for  which state  assistance has been requested. Such maximum shall be increased by a percentage equal to the percentage of the  total  eligible  costs  for such  specified  projects  that  are  contributed  by  the  owner of the agricultural land for which  the  project  is  being  funded,  provided, however,  that  in  no  event  shall  the total of such state assistance payments exceed eighty-seven and one-half percent of such eligible costs for any specified project.   2. (a) A county agricultural and farmland protection board,  two  such boards  acting jointly, a municipality or two such municipalities acting jointly shall make application to the commissioner in such manner as the commissioner may prescribe. Application for  state  assistance  payments for  planning  activities  may  be  made  at  any  time after the county agricultural and farmland protection board has formed and has elected  a chairperson.  A  county  agricultural  and farmland protection board may make application for state assistance payments for  plan  implementation at  any  time  after the commissioner has approved a county agricultural and  farmland  protection  plan  pursuant  to  section   three   hundred twenty-four  of  this  article.  Application  made jointly by two county agricultural and farmland protection  boards  may  be  made  after  such agricultural  and  farmland  protection  plan is approved by each county pursuant to the provisions of section three hundred twenty-four of  this article.  State  assistance  payments  to such counties shall not exceed seventy-five percent of the cost of implementing the county agricultural and farmland protection plan or portion of  the  plan  for  which  state assistance  has  been  requested.  The  commissioner  may  require  such information or additional planning as  he  or  she  deems  necessary  to evaluate such a request for state assistance.  (b)  Within  a  county,  a  municipality  which  has  in place a local farmland  protection  plan  may  apply  and  shall   be   eligible   for agricultural protection state assistance payments to implement its plan,  or  a portion of its plan, provided the proposed project is endorsed for funding by the agricultural and farmland protection board for the county in which the municipality is located and that any plan developed  on  or after  January  first,  two  thousand  six  complies  with section three hundred twenty-four-a of this article. State assistance payments to such municipalities shall not exceed seventy-five  percent  of  the  cost  of implementing  the  local  plan  or  portion  of the plan for which state assistance has been requested. Such maximum  shall  be  increased  by  a percentage  equal to the percentage of the total eligible costs for such specified projects that are contributed by the owner of the agricultural land for which the project is being funded; provided, however,  that  in no  event  shall  the  total  of  such  state assistance payments exceed eighty-seven and  one-half  percent  of  such  eligible  costs  for  any specified  project.  The  commissioner  may  require such information or additional planning as he or she deems  necessary  to  evaluate  such  a request for state assistance.  (c)  A  soil  and  water  conservation district may apply and shall be eligible  for  agricultural  protection  state  assistance  payments  to implement  a  county  or  municipal agricultural and farmland protection plan approved by the commissioner provided that the proposed project  is endorsed  for funding by the county agricultural and farmland protection board for the county in which the proposed project is  located.  A  soil and  water  conservation  district, two such soil and water conservation districts acting jointly, a soil and water conservation district  and  a municipality  acting  jointly, or a soil and water conservation district and a not-for-profit conservation organization acting jointly shall make application to the commissioner in such manner as the  commissioner  may prescribe. The proposed project must also be endorsed for funding by the municipality  in  which  the proposed project is located if the soil and water conservation district is  seeking  agricultural  protection  state assistance  payments to implement an approved municipal agricultural and farmland protection plan. State assistance payments  to  such  soil  and water  conservation  districts  shall not exceed seventy-five percent of the cost of implementing the local plan or portion of the plan for which state assistance has been requested. Such maximum shall be increased  by a  percentage  equal  to  the percentage of the total eligible costs for such specified projects  that  are  contributed  by  the  owner  of  the agricultural  land  for  which  the  project  is being funded; provided, however, that in no event shall  the  total  of  such  state  assistance payments exceed eighty-seven and one-half percent of such eligible costs for any specified project. The commissioner may require such information or  additional  planning as he or she deems necessary to evaluate such a request for state assistance.  (d) A not-for-profit conservation organization may apply and shall  be eligible  for  agricultural  protection  state  assistance  payments  to implement a county or municipal  agricultural  and  farmland  protection plan  approved by the commissioner provided that the proposed project is endorsed for funding by the county agricultural and farmland  protection board  for  the  county  in  which  the proposed project is located. The proposed project must also be endorsed for funding by  the  municipality in   which  the  proposed  project  is  located  if  the  not-for-profit conservation  organization  is  seeking  agricultural  protection  state assistance  payments to implement an approved municipal agricultural and farmland  protection   plan.   State   assistance   payments   to   such not-for-profit  organizations  shall  not exceed seventy-five percent of the cost of implementing the local plan or portion of the plan for which state assistance has been requested. Such maximum shall be increased  by a  percentage  equal  to  the percentage of the total eligible costs for  such specified projects  that  are  contributed  by  the  owner  of  the agricultural  land  for  which  the  project  is being funded; provided, however, that in no event shall  the  total  of  such  state  assistance payments exceed eighty-seven and one-half percent of such eligible costs for any specified project. The commissioner may require such information or  additional  planning as he or she deems necessary to evaluate such a request for state assistance.  (e) In evaluating applications for  funding,  the  commissioner  shall give  priority to projects intended to preserve viable agricultural land as defined in section three hundred one of this  chapter;  that  are  in areas  facing  significant  development  pressure;  and  that serve as a buffer for a significant natural public  resource  containing  important ecosystem or habitat characteristics.  (f)  In  evaluating  applications  for funding, the commissioner shall consider whether future physical climate risk due  to  sea  level  rise, and/or  storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including  hazard  risk analysis data if applicable, has been considered.  (g)  In  evaluating  applications for funding, projects for protecting agricultural land  that  include  farmer-purchaser  farmland  protection agreements are eligible for state assistance payments.   3.  Upon  receipt  of a request for state assistance, the commissioner shall  review  the  request,  consult  with  the  advisory  council   on agriculture  and,  within  ninety  days  from  the receipt of a complete application, shall make a  determination  as  to  whether  or  not  such projects shall receive state assistance.