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

§  303-b.  Agricultural  districts;  inclusion  of viable agricultural   land.  1. The legislative body of  any  county  containing  a  certified   agricultural district shall designate an annual thirty-day period within   which  a  land  owner may submit to such body a request for inclusion of   land which is predominantly viable agricultural land within a  certified   agricultural  district  prior  to  the county established review period.   Such request shall identify the agricultural  district  into  which  the   land is proposed to be included, describe such land, and include the tax   map  identification  number and relevant portion of the tax map for each   parcel of land to be included.2. Upon the termination of such thirty-day period, if any requests are   submitted, the county legislative body shall:a. refer such request or  requests  to  the  county  agricultural  and   farmland protection board, which shall, within thirty days report to the   county legislative body its recommendations as to whether the land to be   included  in the agricultural district consists predominantly of "viable   agricultural land" as defined in  subdivision  seven  of  section  three   hundred  one  of this article and the inclusion of such land would serve   the public interest by assisting in maintaining  a  viable  agricultural   industry within the district; andb.  publish  a notice of public hearing in accordance with subdivision   three of this section.3. The county legislative body shall hold a public hearing upon giving   notice in the following manner:a. The notice of public hearing shall contain a statement that one  or   more  requests  for  inclusion of predominantly viable agricultural land   within a certified agricultural district have been filed with the county   legislative body pursuant to this section; identify the land, generally,   proposed to be included; indicate the time, date and place of the public   hearing, which shall occur after receipt of the  report  of  the  county   agricultural and farmland protection board; and include a statement that   the  hearing  shall  be  held  to  consider  the request or requests and   recommendations of  the  county  agricultural  and  farmland  protection   board.b.  The  notice  shall  be  published  in a newspaper having a general   circulation within the county and shall be given in writing directly  to   those  municipalities  whose  territory  encompasses the lands which are   proposed  to  be  included  in  an  agricultural  district  and  to  the   commissioner.4.  After  the public hearing, the county legislative body shall adopt   or reject the inclusion of the land requested to be included  within  an   existing  certified agricultural district. Such action shall be taken no   later than one hundred twenty days from the termination  of  the  thirty   day  period described in subdivision one of this section. Any land to be   added shall consist of whole tax parcels only. Upon the  adoption  of  a   resolution  to  include predominantly viable agricultural land, in whole   or in part, within an  existing  certified  agricultural  district,  the   county  legislative  body shall submit the resolution, together with the   report of the county agricultural and farmland protection board and  the   tax  map  identification numbers and tax maps for each parcel of land to   be included in an agricultural district to the commissioner.5. Within thirty days after receipt of a resolution  to  include  land   within  a  district,  the  commissioner  shall  certify  to  the  county   legislative  body  whether  the  inclusion   of   predominantly   viable   agricultural  land  as  proposed  is feasible and shall serve the public   interest by assisting in  maintaining  a  viable  agricultural  industry   within the district or districts. 6.  If  the  commissioner  certifies  that  the  proposed inclusion of   predominantly viable agricultural land within a district is feasible and   in the public interest, the land  shall  become  part  of  the  district   immediately upon such certification.