NY Agric & Mkts L § 308 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 25-AA - Agricultural Districts 308 - Right to Farm.

§ 308. Right  to  farm.  1. a. The commissioner shall, in consultation   with the state advisory council  on  agriculture,  issue  opinions  upon   request  from any person as to whether particular agricultural practices   are sound.b. Sound agricultural practices refer to those practices necessary for   the  on-farm  production,  preparation  and  marketing  of  agricultural   commodities.   Examples   of   activities  which  entail  practices  the   commissioner may consider include, but are not limited to, operation  of   farm  equipment;  proper  use  of  agricultural chemicals and other crop   protection methods; direct sale to consumers of agricultural commodities   or  foods  containing   agricultural   commodities   produced   on-farm;   agricultural  tourism;  "timber  operation,"  as  defined in subdivision   fourteen of section three hundred one of this article  and  construction   and  use  of farm structures. The commissioner shall consult appropriate   state agencies and any guidelines recommended by the advisory council on   agriculture. The commissioner may consult as appropriate, the  New  York   state  college of agriculture and life sciences and the U.S.D.A. natural   resources conservation service, and provide such information, after  the   issuance  of  a  formal  opinion,  to  the  municipality  in  which  the   agricultural practice being evaluated is located. The commissioner shall   also consider whether the agricultural practices are conducted by a farm   owner or operator as part of his or her participation in the AEM program   as set forth in article eleven-A of this chapter. Such  practices  shall   be evaluated on a case-by-case basis.2.  Upon  the  issuance  of  an  opinion pursuant to this section, the   commissioner shall publish a notice in  a  newspaper  having  a  general   circulation  in  the  area  surrounding the practice and notice shall be   given in writing to the owner of the property on which the  practice  is   conducted  and  any  adjoining  property  owners.  The  opinion  of  the   commissioner shall be final, unless within thirty days after publication   of the notice a person  affected  thereby  institutes  a  proceeding  to   review  the  opinion  in the manner provided by article seventy-eight of   the civil practice law and rules.3. Notwithstanding any other provisions of law,  on  any  land  in  an   agricultural district created pursuant to section three hundred three or   land   used  in  agricultural  production  subject  to  an  agricultural   assessment pursuant to section three hundred six  of  this  article,  an   agricultural  practice  shall not constitute a private nuisance, when an   action is brought by  a  person,  provided  such  agricultural  practice   constitutes  a sound agricultural practice pursuant to an opinion issued   upon request by the commissioner.  Nothing  in  this  section  shall  be   construed  to  prohibit  an  aggrieved party from recovering damages for   personal injury or wrongful death.4. The commissioner, in consultation with the state  advisory  council   on  agriculture,  shall issue an opinion within thirty days upon request   from any person as to whether particular land uses are  agricultural  in   nature.  Such  land  use  decisions shall be evaluated on a case-by-case   basis.5. The commissioner shall develop and make  available  to  prospective   grantors  and  purchasers  of  real property located partially or wholly   within any agricultural district  in  this  state  and  to  the  general   public,  practical information related to the right to farm as set forth   in this article including, but not limited to right to  farm  disclosure   requirements  established  pursuant to section three hundred ten of this   article and section three hundred thirty-three-c of  the  real  property   law.