2023 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.